The purpose of the Mitigation Site Protection Overlay Zone is to protect identified mitigation sites from incompatible and preemptive development and to implement mitigation and restoration actions in areas designated in the zone. There are three priority categories and three protection levels for mitigation sites in this zone.
This overlay zone includes mitigation sites designated in the Comprehensive Plan. New sites may be added to the overlay zone through an amendment to the Comprehensive Plan.
The priority and level of protection for a designated mitigation site may be determined from the mitigation section of the City's Comprehensive Plan. The following uses are allowable in this overlay zone:
A. 
Priority One, Level One Sites.
1. 
Uses allowed in the underlying zone that do not preempt the use of the site for mitigation purposes, subject to the underlying zone's development standards.
2. 
Mitigation as a review use subject to the mitigation and restoration standards in Section 16.160.110.
B. 
Priority Two, Level Three Sites.
1. 
Uses allowed in the underlying zone that do not preempt the use of the site for mitigation purposes, subject to the underlying zone's development standards.
2. 
Mitigation as a review use subject to the mitigation and restoration standards in Section 16.160.110.
3. 
Restoration, creation and enhancement outside of the context of the mitigation as a conditional use pursuant to Chapter 16.220, and subject to the mitigation and restoration standards in Section 16.160.110.
4. 
Preemptive uses allowed in the underlying zone, subject to the zone's development standards, under the additional condition that a 30-day freeze is placed on permit issuance, starting from the date that a complete application is accepted. The purpose of the 30-day freeze is to give parties interested in the site time to review the need for use of the site for mitigation. If at the close of the 30-day period no satisfactory means of preserving the site is established, the permit will be processed under the normal procedures.
C. 
Priority Three, Level Four Sites.
1. 
All uses allowed in the underlying zone, subject to the underlying zone's development standards.
2. 
Mitigation as a review use subject to the mitigation and restoration standards in Section 16.160.110.
3. 
Restoration, creation, and enhancement outside of the context of mitigation as a conditional use pursuant to Chapter 16.220, and subject to the mitigation and restoration standards in Section 16.160.110.
Removal of designated mitigation sites shall be subject to the following criteria:
A. 
Priority One, Level One Sites.
1. 
Removal of the Mitigation Site Protection Overlay Zone shall be allowed for any portion of the site where a mitigation action has occurred. The site shall be removed by an amendment to the Comprehensive Plan.
2. 
Removal of the Mitigation Site Protection Overlay Zone before the site has been used wholly or in part for mitigation shall be done by an amendment to the Comprehensive Plan only where:
a. 
Provision is made for a replacement mitigation site of suitable characteristics; or
b. 
The development need for which the mitigation site was initially designated as a compensating action is withdrawn or re-evaluated.
B. 
Priority Two, Level Three Sites.
1. 
The Mitigation Site Protection Overlay Zone shall be removed from any portion of a site where a mitigation action has occurred or preemptive uses have been implemented, including restoration, creation or enhancement outside of the context of mitigation. The site shall be removed by an amendment to the Comprehensive Plan.
2. 
Removal of the Mitigation Site Protection Overlay Zone for all or portions of a designated mitigation site before the site has been used wholly or in part for mitigation shall be done by an amendment to the Comprehensive Plan and Development Code where:
a. 
Provision is made for a replacement of adequate mitigation area of suitable characteristics in another suitable location; or
b. 
The development need for which the mitigation site was initially designated for compensatory purposes is withdrawn or re-evaluated.
C. 
Priority Three, Level Four Sites. The Mitigation Site Protection Overlay Zone shall be removed from any portion of the site that a mitigation action has occurred on, or where preemptive uses (including restoration, creation or enhancement) have occurred. The site will be removed by an amendment to the Comprehensive Plan.
D. 
After a mitigation site has been used for mitigation or restoration, creation, or enhancement action outside of the context of mitigation and all or a portion of the site is no longer available for mitigation, the Mitigation Site Protection Overlay Zone designation shall be removed and the wetland or aquatic area created through the mitigation action shall be placed in the appropriate aquatic designation. These changes shall be made by means of an amendment to the Comprehensive Plan.
Incompatible and preemptive use of mitigation sites includes the following:
A. 
Uses requiring substantial structural or capital improvements (e.g., construction of permanent buildings) but not including dike maintenance.
B. 
Uses that require extensive alteration of the topography of the site, thereby reducing the potential for mitigation (e.g., extensive site grading, elevation of the site by placement of fill materials).