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).