§ 118-6-7. Exceptions for loss of buildable area in a resource protection area.  


Latest version.
  • Where the application of the RPA criteria will result in the effective loss of a reasonable buildable area on a lot or parcel recorded prior to November 18, 2003, in accordance with all applicable provisions of the County Code in effect at the time of recordation and the proposed development does not satisfy the criteria for an administrative waiver by the Director under Section 118-5-4, exceptions may be approved in accordance with the following criteria:

    (a)

    The proposed development does not exceed 10,000 square feet of land disturbance, exclusive of land disturbance necessary for the installation of a soil absorption field associated with an individual sewage disposal facility and land disturbance necessary to provide access to the lot or parcel and principal structure pursuant to Section 118-2-1(d);

    (b)

    The proposed development does not create more than 5,000 square feet of impervious surface within an RPA, exclusive of impervious surface necessary to provide access to the lot or parcel and principal structure pursuant to Section 118-2-1(d);

    (c)

    The lot or parcel must meet the minimum lot size specified for the zoning district in which located or meet the requirements of Section 2-405 of Chapter 112, the Zoning Ordinance, and any other applicable ordinances and laws;

    (d)

    Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel;

    (e)

    The requirements of Section 118-3-2 shall be satisfied or an exception granted pursuant to Section 118-3-2(i); and

    (f)

    The requirements of Section 118-3-3 shall be satisfied except as specifically provided for in this section to permit an encroachment into the RPA buffer area.

    (32-03-118; 07-14-118.)

(32-03-118; 07-14-118.)