The ordinance codified in this chapter, together with any amendments, shall be known as the "Resource, Wildlife and Hazard Area Regulation Framework Ordinance."
(Ord. 1539 § 1 (part), 1992)
This chapter is adopted under the authority of RCW 36.70A.050.
(Ord. 1539 § 1 (part), 1992)
The purpose of this chapter is to regulate the use of land in and around critical areas and natural resource lands, lying within the corporate limits of the city, to bring the city into compliance with the Washington State Growth Management Act (chapter 36.70A RCW). Chapter 36.70A RCW requires cities to adopt development regulations to classify, designate, and protect critical areas and to assure the conservation of designated agricultural, forest, and mineral lands of long-term commercial significance. RCW 36.70A.172(1) requires "best available science" be included in policies and regulations to protect the functions and values of critical areas and give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.These regulations are to promote the public health, safety and general welfare in accordance with the standards established by the federal government, state and the city, and to:
A.
Protect areas of land with valuable and nonrenewable resources for future generations;
B.
Regulate development on and around critical areas in order to protect lives, property and public infrastructure;
C.
Prevent development which is incompatible with certain critical areas which are particularly susceptible to water quality, noise, and air quality impacts associated with nearby development;
D.
Establish mechanisms to inform present and future landowners of their location on or near natural resource lands or critical areas;
E.
Establish mechanisms to process and review development proposals for consistency with the new regulations which are fair, timely and minimize the impacts on permit processing times.
(Ord. 1539 § 1 (part), 1992; Ord. 2071 § 1, 2003; Ord. 2909 § 1, 2025)
The regulations of this division shall apply to all development, activity, actions, uses and construction proposed or undertaken within the jurisdiction of the city.
(Ord. 1539 § 1 (part), 1992)
The definition of any word or phrase not listed in the definitions which is in question when administering this chapter shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:
A.
Any city resolution, ordinance, code or regulation;
B.
Any statute or regulation of the state of Washington;
C.
Legal definitions from Washington common law or a law dictionary;
D.
The common dictionary.
(Ord. 1539 § 1 (part), 1992)
For the purpose of this title, the following definitions shall apply:
means any grading, clearing, filling, construction, dredging, removal of trees or use on a piece of property.
means any application for the following actions: building permit creating additional habitable space in a residential structure as defined by the International Building Code; building permit for a nonresidential structure; conditional use approval; shoreline permit; rezone; planned residential development; planned mixed-use development; shoreline variance or conditional use; shoreline redesignation; subdivision of land; SEPA review or other similar land use or environmental discretionary review.
means using scientific methods to evaluate how well regulatory and nonregulatory actions protect the sensitive area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. Management policy may be adapted based on a periodic review of new information.
means lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products.
means fish species that spend most of their lifecycle in salt water but return to freshwater to reproduce.
means a site where two or more animal units of large animals per acre or 0.75 of an animal unit of small animals per acre are kept, and where a high volume of waste material is deposited in quantities capable of impacting groundwater resources.
means the equivalent of 1,000 pounds of animal.
means a person, party, firm, corporation, or other legal entity who files an application for approval under this title and who is either the owner of the land on which that proposed activity would be located, a contract vendee, or lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.
means areas that have a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.
Examples of aquifer recharge areas include:
Wellhead protection areas delineated pursuant to the Federal Safe Drinking Water Act; and
Recharge areas for sole source aquifers designated pursuant to the Federal Safe Drinking Water Act;
Other areas meeting the definition of "areas with a critical recharging effect on aquifers used for potable water" in chapter 365-190 WAC.
means information from research, inventory, monitoring, surveys, modeling, synthesis, expert opinion, and assessment that is used to designate, protect, or restore sensitive areas. As defined by WAC 365-195-900 through 365-195-925, best available science is derived from a process that includes peer-reviewed literature, standard methods, logical conclusions and reasonable inferences, quantitative analysis, and documented references to produce reliable information.
means physical, structural, and/or managerial practices, that when used singly or in combination:
Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, or sediment;
Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands;
Protect trees, vegetation, and soils designated to be retained during and following site construction and use native plant species appropriate to the site for re-vegetation of disturbed areas; and
Provide standards for proper use of chemical herbicides within critical areas.
means the city staff person responsible for the administration of the International Building Code or his or her designee.
means the removal of vegetative material such as timber, stumps, brush, sod, etc., that does not require reforestation per an approved Forest Practices Application/notification from the Department of Natural Resources.
Refer to the definition in the zoning code, chapter 18.04 SMC.
means any chemical, physical, biological or radiological substance that does not occur naturally or occurs at concentrations and duration as to be injurious to human health or welfare or shown to be ecologically damaging.
are those areas established as wetlands, critical aquifer recharge areas (CARAs), frequently flooded areas (special flood hazard areas), landslide hazard areas, erosion hazard areas, seismic hazard areas, volcanic hazard areas, and fish and wildlife habitat conservation areas.
Refer to the definition in the zoning code, chapter 18.04 SMC.
means the development services director or his or her designee.
means a model developed by the National Water Well Association and Environmental Protection Agency used to measure aquifer susceptibility to contamination.
are those properties which have not been converted to nonagricultural use or have not lain idle more than five years, unless the idle land is registered in a federal or state soil conservation program.
for purposes of aquifer protection regulations means all structures, contiguous land, appurtenances, and other improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, disposing of, or otherwise handling a hazardous substance. Use of the term "facility" includes underground and aboveground tanks, and operations which handle, use, dispose of, or store hazardous substances.
means a letter of credit, certified bond, assignment of funds or other instrument acceptable to the city to ensure the satisfactory compliance with conditions or standards of this title.
means the area of a building site bounded by foundation walls or equivalent to the area of the site covered by structures if no foundation walls are present.
means lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the city in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the one hundred (100) year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. Also known as special flood hazard areas (see chapter 15.52 SMC).
means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns, per WAC 365-190-120.
means any liquid, solid, gas, or sludge, including any materials, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
means the use, storage, manufacture, or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. Hazardous substances shall not be disposed of on-site unless in compliance with Dangerous Waste Regulations, chapter 173-303 WAC, and any pertinent local ordinances, such as sewer discharge standards.
means a facility that treats and stores hazardous waste and is authorized pursuant to chapter 70.105 RCW, chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste. Treatment includes using physical, chemical, or biological processing of hazardous wastes to make such waste nondangerous or less dangerous and safer for transport, amenable for energy or material resource recovery. Storage includes the holding of waste for a temporary period but not the accumulation of waste on the site of generation as long as the storage complies with applicable state requirements.
means a slope of 25 percent or greater.
means a slope of less than 25 percent and equal to or greater than 15 percent.
includes gravel, sand, and valuable metallic substances. Topsoil is not a mineral.
means lands primarily devoted to the extraction of minerals or that have known or potential long-term commercial significance for the extraction of minerals.
mean all areas classified as mineral resource lands or agricultural resource lands.
means any activity which is not exempted from the development standards of this division.
means the maximum distance around a pumping well from which a contaminant hypothetically present in groundwater could travel to the well within a one-year time period.
means the regulated buffer area that includes the land from the ordinary high water mark to a specified distance as measured horizontally in each direction.
means a site where stabilized sludge, septage, and other organic wastes are applied to the surface of the land in accordance with established agronomic rates for fertilization or soil conditioning. Sludge land application sites are classified under the following five-category system:
S-1 | Sites of less than one acre with an application rate of less than 10 dry tons of sludge per acre per five-year period. |
S-2 | Sites of less than 40 acres with an application rate of less than 20 dry tons of sludge per acre per 10-year period or less than an annual application of two dry tons of sludge per acre. |
S-3 | Sites with an application rate of more than 20, but less than 43 dry tons of sludge per 10-year period or 4.3 dry tons per acre per year. |
S-4 | Sites with one-time applications greater than 43 dry tons per acre and cumulative limits for metals greater than state-designated practices for agricultural cropland application. |
S-5 | Sites which are permanent landfill disposal facilities. |
means an animal with an average weight of less than 100 pounds.
means transferable buffer area. The transferable buffer areas shall not include areas of improved right-of-way within the wildlife habitat area buffer or wetland buffer.
means the maximum distance around a pumping well from which a contaminant hypothetically present in groundwater could travel to the well within a 10-year time period.
means the Tacoma-Pierce County health department.
means any one or a combination of tanks (including underground pipes connected thereto) which are used to contain or dispense an accumulation of hazardous substances or hazardous wastes, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.
Refer to the definition in the zoning code, chapter 18.04 SMC.
means the United States Geologic Survey.
means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, communications, storm sewers (except open ditches) and sanitary sewers.
(WHPAs) means protective areas associated with public drinking water sources established by water systems and approved or assigned by the state Department of Health chapter 190-030 WAC, WAC 246-290-020 and 246-290-135. They are:
(Ord. 1539 § 1 (part), 1992; Ord. 2071 § 2, 2003; Ord. 2439 § 11, 2013; Ord. 2788 § 13, 2021; Ord. 2909 § 2, 2025)
A.
This division shall apply to all properties which are designated as critical areas or natural resource lands by the city. Properties containing portions of critical areas or natural resource lands are subject to this division. When the requirements of this division are in conflict with other Sumner ordinances or regulations, the more restrictive shall apply.
B.
All actions taken by any person, persons, institutions, corporations, or other entity shall comply with the requirements of this division or the conditions of any decision resulting from this division. Failure to comply with these provisions is a violation of this division and shall be subject to enforcement action as provided for in this chapter.
C.
Where a site contains two or more critical areas or natural resource lands, the site shall meet the minimum standards and requirements for each identified critical area or natural resource land as set forth in this division.
(Ord. 1539 § 1 (part), 1992)
Maps have been developed to indicate the location of natural resource lands and critical areas by state and federal agencies. Maps may be developed by the city which show the general location of natural resource lands and critical areas for informational purposes. The actual presence of critical areas and natural resource lands shall be determined by the classification criteria established for each natural resource land and critical area. The burden and costs associated with further delineation of resource or critical lands shall be borne by project applicants.
(Ord. 1539 § 1 (part), 1992)
Uses permitted on properties designated as critical areas or natural resource lands shall be the same as those permitted by the underlying zone classification and the Sumner shoreline master program unless specifically regulated by this division. See SMC § 16.40.135, Application and review process for RWHA (Resource, Wildlife, and Hazard) permit.
(Ord. 1539 § 1 (part), 1992; Ord. 2909 § 3, 2025)
The following activities shall be exempt from the application and permit requirements at SMC § 16.40.135 unless specifically modified in SMC § 16.46.090, § 16.56.100 or other sections of this division. All activities in critical areas must comply with SMC § 16.40.110, best management practices, regardless of exemption status. These exemptions apply specifically to activities regulated by the city of Sumner. Other state and federal permits and approvals may still apply.
A.
Agricultural activities on existing agricultural properties when such activities directly relate to the operation of the property for agricultural purposes;
C.
Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife;
D.
Outdoor recreational activities, including, but not limited to, fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling;
E.
Education, scientific research, and use of nature trails;
F.
Operation, maintenance or repair or improvements of existing structures or infrastructure (e.g., roads, bridges, and associated storm drainage facilities); provided, that activities do not alter or increase impacts to critical areas and there is no increased risk to life or property;
G.
The following utility line activities, if there is no other practical alternative to the proposed development with less impact on the critical areas; when the proposal is consistent with other applicable regulations and standards; the proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; and the proposal protects and mitigates impacts to the critical area functions and values consistent with the best available science:
1.
Normal and routine maintenance or repair of existing utility structures or right-of-way;
2.
Relocation of electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less only when required by a local governmental agency;
3.
Relocation within improved right-of-way of utility lines, equipment, or appurtenances only when required by a local government agency which approves the new location of the facilities;
4.
Installation or construction in improved rights-of-way, and replacement, operation, or alteration of all electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less;
5.
Installation or construction in improved road rights-of-way and replacement, operation, repair, or alteration of all utilities, equipment, or appurtenances;
H.
Interior remodeling or maintenance of existing structures, where legally preexisting; provided, that the activity does not impact the critical area or buffer;
I.
Repealed by Ord. 2909.
J.
Minor site investigative work necessary for land use and building application submittals such as surveys, soil logs, percolation tests and other related activities where such activities do not require construction of new roads or significant amounts of excavation in a critical area or its buffer. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored;
K.
Emergency action necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation, in a timeframe too short to allow for compliance with the requirements of the critical areas regulations. The director shall review all proposed emergency actions to determine the existence of the emergency and reasonableness of the proposed actions taken. The action may require necessary permits after the fact, including any restoration or mitigation;
L.
Any change of use entirely within an existing structure, provided no grading or paving will occur which increases the amount of impervious surface on the site;
M.
The construction of fences accessory to single-family residences; provided, that such fences do not bisect streams or wetlands, and do not substantially impede the movement of threatened, endangered, or sensitive species of wildlife; and
N.
Projects with the primary purpose of restoring or enhancing wetlands, streams, or fish and wildlife habitat conservation areas; provided, that:
O.
Navigation aids and boundary markers; and
P.
Boat mooring buoys.
(Ord. 1539 § 1 (part), 1992; Ord. 2071 § 3, 2003; Ord. 2212 § 1, 2007; Ord. 2775 § 8, 2021; Ord. 2909 § 4, 2025)
The following activities require a RWHA permit processed as a Type I decision, pursuant to SMC § 18.56.030(B):
A.
Reconstruction, remodeling, or maintenance of existing structures and accessory structures where legally preexisting; provided, that the new construction or related activity does not increase the building footprint, development area, impervious surface area or construction impacts within the critical area or its buffer.
(Ord. 2909 § 5, 2025)
All activities shall be performed in conformance with best management practices established for that activity.
(Ord. 1539 § 1 (part), 1992)
A.
The purpose of a variance is strictly limited to granting relief to specific development standards set forth in this division. A variance is also appropriate where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this division would impose unnecessary hardships on the applicant. These provisions should be applied in a manner which, while protecting the environment, will assure that a person will be able to use his/her property in a fair and equitable manner. Other state and federal permits and approvals may still apply.
B.
In all instances of granting a variance, extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect.
D.
Criteria for Granting Variances. Variances for development that will be located within a wetland buffer, stream buffer, or landslide or erosion hazard area may be authorized provided the applicant can demonstrate all of the following:
1.
That the strict requirements of the development standards set forth in this division preclude or significantly interfere with a reasonable use of the property.
2.
That the hardship described above is specifically related to the property, and is the result of unique conditions and not, for example, from deed restrictions, and not from the applicant's own actions.
3.
That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the critical area.
4.
That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief.
5.
That the public interest will suffer no substantial detrimental effect, and the proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site.
E.
Criteria for Granting In-Water and Wetland Variances. Variances for development that will be located either waterward of the ordinary high water mark or within regulated wetlands may be authorized provided the applicant can demonstrate compliance with all the criteria stated above as well as the following:
1.
That the strict application of the development standards set forth in this division precludes all reasonable use of the property; and
2.
The impact is both unavoidable and necessary due to site-specific constraints not caused by the applicant;
3.
The proposal is consistent with other applicable regulations and standards, at the local, state and federal levels.
F.
In the granting of all variances, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should not produce substantial adverse effects to the critical areas.
G.
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service or agencies with jurisdiction shall be sent a notice of application for any variance requesting the reduction of buffer widths on Type F streams.
(Ord. 1539 § 1 (part), 1992; Ord. 1695 § 20, 1995; Ord. 2071 § 4, 2003; Ord. 2909 § 6, 2025)
A.
A structure, use or activity legally preexisting on the effective date of this title or at the time of any amendments thereto that does not conform to this title is considered nonconforming with the provisions of this title.
B.
Expansion, reconstruction, maintenance or modification of an existing structure, accessory structure, use or activity, where legally preexisting, located in a critical area or its associated buffer may be allowed; provided, that the structure, use or activity does not remove native vegetation, or increase the activity footprint, developed area, or impervious surfaces, or create other construction impacts within the critical area or its associated buffer.
C.
Routine repair and maintenance of nonconforming uses or structures, where legally preexisting within a critical area or buffer, may be allowed, provided it does not further impact the critical area or increase the degree of nonconformity.
(Ord. 2775 § 9, 2021; Ord. 2909 § 7, 2025)
Repealed by Ord. 1695.
(Ord. 1539 § 1 (part), 1992)
A.
Activities which require resource, wildlife and hazard area (RWHA) approval shall be processed as Type I or Type II decisions pursuant to chapter 18.56 SMC, Procedures for Land Use Permits.
B.
Following application for RWHA review, the director may refer the application and accompanying materials to appropriate state, federal, local and city agencies and departments for review and comment.
C.
The director may apply conditions to the approval in order to ensure the conformance with standards or policies and to ensure that construction occurs in compliance with the standards and other conditions.
(Ord. 1695 § 21, 1995; Ord. 2071 § 5, 2003; Ord. 2909 § 8, 2025)
The clustering of development on portions of property shall be allowed subject to the following standards:
A.
For residentially zoned areas subject to chapter 16.46 SMC, Wetlands, and chapter 16.56 SMC, Fish and Wildlife Habitat Conservation Areas, the area of land established in buffers is equal to the "transferable buffer area" (TBA).
2.
In the case of planned residential developments, the density may be increased beyond that provided for in SMC § 18.24.060 provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. The transfer rate for PRDs shall be one additional acre of development area credit for each two acres of transferable buffer area.
3.
In the case of a full subdivision, the density allowed by the zoning may be increased beyond the limits of the underlying zoning according to the following table:
Zoning | Cluster Ratio |
|---|---|
LDR-12 | 1 acre credit for 2 TBA acres |
LDR-8.5 | 1 acre credit for 3 TBA acres |
LDR-7.2 | 1 acre credit for 5 TBA acres |
LDR-6 | 1 acre credit for 5 TBA acres |
The increase in density and resulting maximum number of lots shall be calculated using the following formula:
(TBA x Cluster Ratio) + (Developable Area) | = Maximum Number of Lots |
Minimum Lot Size of Underlying Zone |
4.
In no case shall the lot size be reduced to less than the minimum set forth below, in square feet:
LDR-6: | 4,800 |
LDR-7.2: | 6,000 |
LDR-8.5: | 7,200 |
LDR-12: | 8,500 |
In no case shall the reduction in lot sizes be combined with the reduction in lot sizes allowed in SMC § 18.12.070(A) or § 18.12.090(A).
5.
The utilization of the transferable buffer area credits shall accompany a development proposal for the PRD or subdivision. The use of the credits shall be approved by the city council in conjunction with the PRD or preliminary plat.
6.
In the case of a full subdivision, the TBA shall be established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director.
7.
In allowing lots less than 6,000 square feet, the council may reduce the rear yard requirements by a maximum of 40 percent.
B.
For residentially zoned areas subject to chapter 15.52 SMC, the area of land within the special flood hazard area is equal to the "transferable buffer area" (TBA), provided any area within 200 feet of the shoreline pursuant to the shoreline master program shall not be included in the TBA. Properties within the special flood hazard area are eligible to modify lot size requirements to achieve clustering.
2.
In the case of planned residential developments, the density may be increased beyond that provided for in SMC § 18.24.060 provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. The transfer rate for PRDs shall be one additional acre of development area credit for each two acres of transferable buffer area.
3.
In the case of a full subdivision, the density allowed by the zoning may be increased beyond the limits of the underlying zoning according to the following table:
Zoning | Cluster Ratio |
|---|---|
LDR-12 | 1 acre credit for 2 TBA acres |
LDR-8.5 | 1 acre credit for 3 TBA acres |
LDR-7.2 | 1 acre credit for 5 TBA acres |
LDR-6 | 1 acre credit for 5 TBA acres |
The increase in density and resulting maximum number of lots shall be calculated using the following formula:
(TBA x Cluster Ratio) + (Developable Area) | = Maximum Number of Lots |
Minimum Lot Size of Underlying Zone |
4.
In no case shall the lot size be reduced to less than the minimum set forth below, in square feet:
LDR-6: | 4,800 |
LDR-7.2: | 6,000 |
LDR-8.5: | 7,200 |
LDR-12: | 8,500 |
In no case shall the reduction in lot sizes be combined with the reduction in lot sizes allowed in SMC § 18.12.070(A) or § 18.12.090(A).
5.
The utilization of the transferable buffer area credits shall accompany a development proposal for the PRD or subdivision. The use of the credits shall be approved by the city council in conjunction with the PRD or preliminary plat.
6.
In the case of a full subdivision, the TBA shall be established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director.
7.
In allowing lots less than 6,000 square feet, the council may reduce the rear yard requirements by a maximum of 40 percent.
C.
For industrial and commercial zoned areas subject to chapter 16.46 SMC, Wetlands, and chapter 16.56 SMC, Fish and Wildlife Habitat Conservation Areas, the area of land established in buffers is equal to the "transferable buffer area" (TBA). Properties with such flood hazard designations are eligible to modify lot size requirements to achieve clustering.
1.
Development transfers may apply to properties zoned industrial or commercial.
2.
The density may be increased provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. For each acre of TBA, an additional acre of non-TBA land on the same property may increase the allowable building height by 12 feet for structures in the non-TBA portion of the property.
D.
For industrial and commercial zoned areas subject to chapter 15.52 SMC, the area of land within the special flood area is equal to the "transferable buffer area" (TBA), provided any area within 200 feet of the shoreline pursuant to the shoreline master program shall not be included in the TBA. Properties within the special flood hazard area are eligible to modify lot size requirements to achieve clustering.
1.
Development transfers may apply to properties zoned industrial or commercial.
2.
The density may be increased provided the transferable buffer area is established as a separate conservation easement, dedication or other permanent method of preserving the land to the satisfaction of the director. For each acre of TBA, an additional acre of non-TBA land on the same property may increase the allowable building height by 12 feet for structures in the non-TBA portion of the property.
E.
In the event an area is within more than one transferable buffer area, the applicant may benefit from only one type of TBA for a given area of land.
(Ord. 1906 §§ 1 – 4, 1999; Ord. 2071 § 6, 2003; Ord. 2596 § 5, 2017; Ord. 2596S § 5, 2017; Ord. 1539 § 1 (part), 1992)
A.
Variance applications from the provisions of the zoning regulations shall be made according to the provisions of chapter 18.50 SMC.
B.
This division establishes minimum standards which are to be applied to specific activities on natural resource lands and in critical areas in order to achieve the purposes stated. In no way is this division intended to limit the application of SEPA or any other city, county, state or federal law or regulation.
C.
Requests for varying the use to which a critical area habitat is to be put are not requests for variances, but rather requests for conditional uses. Such requests shall be evaluated using the zoning conditional use criteria set forth in chapter 18.48 SMC.
D.
Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply.
(Ord. 1539 § 1 (part), 1992; Ord. 2071 § 7, 2003; Ord. 2909 § 9, 2025)
The director may require an applicant to submit a financial guarantee to the city to guarantee any performance, mitigation or monitoring required as a condition of permit approval. The permit shall not be issued until the appropriate financial guarantee is received by the director. Financial guarantees shall be in the amount of 120 percent of the estimate of the cost of mitigation or monitoring to allow for inflation and administration should the city have to complete the mitigation or monitoring.
(Ord. 1539 § 1 (part), 1992)
Repealed by Ord. 1695.
(Ord. 1539 § 1 (part), 1992)
For activities subject to review under chapter 16.50 SMC, Geologically Hazardous Areas, and chapter 16.46 SMC, Wetlands, the applicant shall post the conditions of approval which relate to construction at the construction site. For large sites the director may require additional postings.
(Ord. 1695 § 23, 1995)
Repealed by Ord. 1695.
(Ord. 1539 § 1 (part), 1992)
Repealed by Ord. 1695.
(Ord. 1539 § 1 (part), 1992)
Repealed by Ord. 1695.
(Ord. 1539 § 1 (part), 1992)
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service shall receive early and continual notice of any amendments to SMC Division III, Title 16, Natural Resource Lands and Critical Areas.
(Ord. 2071 § 8, 2003)