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III. USE AND DEVELOPMENT IN THE CRITICAL AREAS OVERLAY DISTRICT
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This section is included in your selections.

A. Uses.

1. General. The uses established by LUC 20.10.440 for the applicable land use district may be undertaken in the Critical Areas Overlay District as allowed for in the underlying land use district. All development associated with the use shall comply with the provisions of this part.

2. Shorelines. Where the Critical Areas Overlay District and Shoreline Overlay District apply to the same site, the uses established by LUC 20.10.440 for the underlying land use district may be undertaken. Additional uses in the Shoreline Overlay District are set forth in LUC 20.25E.020 and 20.25E.030. The applicable permitting process to establish the allowed uses within the Shoreline Overlay District is set forth in LUC 20.25E.100 through 20.25E.190. All development associated with the use shall comply with the provisions of this part and Part 20.25E LUC.

B. Development.

1. Seismic Hazard Areas, Coal Mine Hazard Areas, and Habitat Associated with Species of Local Importance. The seismic hazard areas, coal mine hazard areas, and habitat associated with species of local importance designated as critical areas by this part do not include absolute restrictions on development or activity. Instead, uses allowed under subsection A of this section may be undertaken in such critical areas, so long as the performance standards of LUC 20.25H.125 (Landslide hazards, steep slopes, and seismic hazards), LUC 20.25H.130 (coal mine hazard areas), or LUC 20.25H.160 (habitat associated with species of local importance), as applicable, are satisfied.

2. Other Critical Areas. Except as set forth in subsection B.1 of this section, all development, use, land alteration or other activity within the Critical Areas Overlay District shall be located outside of the critical area and the critical area buffer, unless such use or development is allowed pursuant to the following:

a. Uses and development allowed within critical area or critical area buffer, see LUC 20.25H.055;

b. Critical area buffer modifications for the following critical areas:

i. Streams, see LUC 20.25H.075;

ii. Wetlands, see LUC 20.25H.095;

iii. Geologic hazards, see LUC 20.25H.120.

c. Uses and development in frequently flooded areas, see LUC 20.25H.180;

d. Modifications where allowed through a critical areas report, see LUC 20.25H.230;

e. Reasonable use exceptions, see LUC 20.25H.190;

f. Variances, see Parts 20.30G and 20.30H LUC; or

g. Shoreline-specific uses and development, where allowed within the Shoreline Overlay District, see Part 20.25E LUC.

C. No Modification. The critical areas report may not be used to modify the uses allowed in the Critical Areas Overlay District as set forth in LUC 20.10.440; nor the provisions of this section. (Ord. 6417, 5-21-18, § 23; Ord. 5680, 6-26-06, § 3)