7-10-60 Priorities in Locating Activity or Development

(a) Avoidance

• The activity or development shall be located on a portion of the site that is free from Constrained Areas and where the proposed activity or development would comply with this Land Use Code and the Comprehensive Plan, if such an area exists.

(b) Adjustment of Range, Size, or Intensity of Proposed Activity or Development or Activity

• If there is no adequately sized area on the property that would avoid Constrained Areas and would allow the proposed activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan, the range of permitted activities and/or the permitted density or intensity of development and/or the maximum size of a permitted activity or development may be limited to bring the proposal into compliance with this Land Use Code and the Comprehensive Plan. If the Community Development Department determines that the proposed development can only occur in compliance with this Land Use Code and the Comprehensive Plan if the maximum structure size on a lot or parcel that is not subject to an FAR limitation is reduced to less than five thousand seven hundred fifty (5,750) square feet, the application shall automatically be converted to a One-Step Review before the Board of County Commissioners. The Scenic View Protection standards of Sec. 7-20-120 shall not be utilized to reduce the maximum gross floor area of permitted development to less than 5,750 square feet. Because the full impacts of a proposed development or activity can only be determined at the time of Site Plan review, this review will normally not occur if the applicant requests approval of an Activity Envelope alone, but will be reserved until submission of a Site Plan.

(c) Administrative Modification of Standards

1. If there is no adequately sized area on the property that would avoid Constrained Areas and would allow the proposed activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan, even after adjustment of the proposed activity pursuant to subsection (b) above, because of the conflicting requirements of two or more standards, but an Administrative Modification of one or more standards pursuant to Sec. 2-20-10(c) would allow compliance with the remainder of the standards, then an Administrative Modification may be made.
2. In determining what type of Administrative Modification should be approved, the Community Development Director shall give priority to strict compliance with those standards affecting human health and safety over other development standards. In addition, the Community Development Director shall give priority to strict compliance with those standards affecting human health and safety and wildlife habitat areas over the scenic view protection standards and guidelines. For purposes of this Chapter 7, standards affecting human health and safety include Sec. 7-20-20; 7-20-40; 7-20-50; and 7-20-60.
3. Because the full impacts of a proposed development or activity can only be determined at the time of Site Plan review, this review will normally not occur if the applicant requests approval of an Activity Envelope alone, but will be reserved until submission of a Site Plan.