(a) Scope. This section applies to all development in a buffer modification area relating to commercial, industrial, institutional, recreational, and duplex, townhouse, semi-detached and multifamily uses, except that the section does not apply to development in a government reuse facility.
(b) Development within the buffer modification area. Development is prohibited in the buffer modification area unless there is no reasonable alternative available and buffer disturbance is minimized as follows.
(1) Development shall be located as far as possible from mean high tide, the edge of tributary streams, and the landward edge of tidal wetlands and must meet the criteria for reconfiguration specified under § 17-8-403.
(2) Variances to the setback requirements of the underlying zoning shall be considered before buffer disturbance.
(3) Construction of a new structure on the footprint of an existing structure or on existing lot coverage shall be considered first.
(c) Evaluating reasonableness of buffer disturbance. When determining whether disturbance within the buffer modification area is the only reasonable alternative available, the Office of Planning and Zoning may not consider convenience or, for construction of a new principal structure only, expense.
(d) Development of sites with less than 15% lot coverage. Development of sites with less than 15% lot coverage shall minimize buffer intrusion and shall be located at least 50 feet from mean high tide and tidal wetlands.
(e) Development of structures on sites with more than 15% lot coverage. Development of principal or accessory structures on sites with more than 15% lot coverage shall minimize buffer intrusion and shall be located at least 25 feet from mean high tide and tidal wetlands.
(f) Protection of native species. Native species may not be removed, except as necessary for construction or for maintenance and enhancement of the buffer.
(g) Development planting. On all development sites, a 25-foot waterfront buffer shall be densely planted with native trees and shrubs.
(h) Mitigation. When any development occurs in a buffer modification area, the mitigation requirements of § 17-8-702(e) shall apply.
(Bill No. 3-05; Bill No. 93-12)