§ 26C-231. Critical habitat area.

The following provisions shall apply to properties within the BR district which are designated as critical habitat areas on Figures OS-5a through OS-5i, inclusive of the general plan open space element.

(a)

A biotic resource assessment to develop mitigation measures may be required where the director of the permit and resource management department determines that a discretionary project could adversely impact a designated critical habitat area.

(b)

Building envelopes which avoid critical habitat areas shall be required on tentative maps accompanying major or minor subdivisions.

(c)

Building permits shall require a minimum setback of fifty feet (50′) from the edge of any wetlands which are within a designated critical habitat area, with the following exceptions:

(1)

Existing farm buildings are exempt and may be expanded or modified, provided that such expansion or modification shall not encroach further into any wetland.

(2)

The director of the permit and resource management department may waive the setback if, after preparation of a biotic resource assessment, it is determined that either:

a.

Applying the setback makes an otherwise buildable parcel un-buildable; or

b.

The structure is a noncommercial agricultural building and must be located adjacent to an existing farm complex for efficient farm operation.

(Ord. No. 5318 § 1, 2001.)