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The Critical Areas Overlay District consists of two parts: that part of a site that is not contained within a critical area, critical area buffer, or critical area structure setback, and that part of a site that is within a critical area, critical area buffer, or critical area structure setback.

A. If a proposal avoids all disturbance or modification of the critical area, critical area buffer, and critical area structure setback, the proposal is subject to the provisions of this part through the review process for the underlying permit or approval required for the development, and a decision on such application may be appealed according to the appeal process for the underlying permit or approval.

B. If a proposal involves disturbance to or modification of the critical area, critical area buffer, or critical area structure setback, then in addition to the review process for the underlying permit or approval required for the development, the proposal shall require a Critical Areas Land Use Permit, Part 20.30P LUC, except where otherwise indicated in this part. (Ord. 5680, 6-26-06, § 3)