§ 44-285. Maximum impervious surface.

(NR 115.05(1)(e)3.) A property may exceed the impervious surface standard under sections 44-283 or 44-284 provided the following standards are met:

(1)

For properties where the general impervious surface standard applies under section 44-283, a property owner may have more than 15 percent impervious surface but not more than 30 percent impervious surface for residential land uses on the lot or parcel that is within 300 feet of the ordinary high-water mark. For commercial, industrial or business land uses, a property owner may have more than 30 percent impervious surface but not more than 40 percent impervious surface on the lot or parcel that is within 300 feet of the ordinary high-water mark.

(2)

For properties in shorelands where the impervious surface standard for highly developed shorelines applies under section 44-284. A property owner may have more than 30 percent impervious surface but not more than 40 percent impervious surface for residential land uses on the portion of the lot or parcel that is within 300 feet of the ordinary high-water mark. For commercial, industrial or business land uses a property owner may have more than 40 percent impervious surface but not more than 60 percent impervious surface on the portion of the lot or parcel that is within 300 feet of the ordinary high-water mark.

(3)

For properties that exceed the standard under section 44-283 but do not exceed the maximum standard under sections 44-284 or 44-285. a permit can be issued for development with a mitigation plan that meets the standards found in section 44-331.

( Res. of 8-16-16 , Att.; Res. of 2-13-18(2) )