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A. Requirements for Categories of Uses <br />Uses designated as exempt, allowable, allowable with mitigation and prohibited in <br />Section 4 Table of Uses shall have the following requirements: <br />1. Exempt: Uses designated as exempt are allowed within the riparian buffer <br />as long as the proposed user meets the following conditions prior to <br />commencing the exempt use: <br />a) Provide the Planning Director or Designee notification of the <br />location and nature of the exempt use; <br />b) Provide a written statement that the exempt use shall be <br />designed, constructed and maintained to minimize soil disturbance <br />and to provide the maximum water quality protection practicable. <br />In addition, exempt uses shall meet requirements listed in Section <br />4 Table of Uses for the specific use. <br />2. Allowable: Uses designated as allowable may proceed within the riparian <br />buffer provided that there are no practical alternatives to the requested use <br />pursuant to Section 4.B. These uses require written authorization from the <br />County. <br />3. Allowable with Mitigation: Uses designated as allowable with mitigation may <br />proceed within the riparian buffer provided that there are no practical alternatives <br />to the requested use pursuant to Section 43 and an appropriate mitigation <br />strategy has been approved pursuant to Section 4.E. These uses require written <br />authorization from the County. <br />4. Prohibited: Uses designated as prohibited may not proceed within the riparian <br />buffer unless a variance is granted pursuant to Section 4.1). Mitigation may be <br />required as one condition of a variance approval. <br />B. Determination of "NO PRACTICAL ALTERNATIVES." <br />Persons who wish to undertake uses designated as allowable or allowable with mitigation <br />shall submit a request for a "No Practical Alternatives" determination to the County. The <br />applicant shall certify that the criteria identified in Section 43 are met. The County shall <br />grant an Authorization Certificate upon a "No Practical Alternatives" determination. The <br />procedure for making an Authorization Certificate shall be as follows: <br />1. For any request for an Authorization Certificate, the County shall review the <br />entire project and make a finding of fact as to whether the following requirements <br />have been met in support of a "No Practical Alternatives" determination: <br />a) The basic project purpose cannot be practically accomplished in a <br />manner that would better minimize disturbance, preserve aquatic life and <br />habitat, and protect water quality. <br />b) The use cannot practically be reduced in size or density, reconfigured <br />or redesigned to better minimize disturbance, preserve aquatic life and <br />habitat, and protect water quality. <br />c) Best management practices will be used if necessary to minimize <br />disturbance, preserve aquatic life and habitat, and protect water quality. <br />18 <br />