Chapter 18.70
RESOURCE LAND AND CRITICAL AREAS REGULATIONS
Sections:
18.70.030 Scope and applicability.
18.70.040 Abrogation and greater restrictions.
18.70.050 Procedures for critical areas permits.
18.70.070 Aquifer recharge areas.
18.70.080 Fish and wildlife habitat conservation areas.
18.70.100 Frequently flooded areas.
18.70.105 Spokane County shoreline program.
18.70.110 Geologically hazardous areas.
18.70.120 Mineral resource areas.
18.70.150 Nonconforming uses/structures.
18.70.010 Purpose and intent.
The purpose of this chapter is to ensure the public health, safety and welfare by protection of critical areas, to meet the intent of the Growth Management Act (Chapter 36.70A RCW) and to allow the city of Deer Park the ability to define, identify and protect critical areas when development or change in land use is proposed. The intent of this chapter is to ensure that the city’s resource lands and critical areas are preserved and protected and that development in association with or adjacent to these areas is properly managed.
It is also the purpose of this chapter to prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas. The regulations in this chapter are further intended to protect critical areas through the application of “best available science” as determined according to WAC 365-195-900 through 365-195-925 and in consultation with state and federal agencies and other qualified professionals.
While it is the foremost purpose of this chapter that land use actions taken result in equivalent or greater functions and values associated with the critical areas directly associated with the land use permit application at issue this chapter is to be administered with flexibility and attention to site-specific characteristics inasmuch as it is not intended to make a parcel of property unusable by denying its owner a reasonable economic use thereof. To ensure that there is no net loss of critical area functions and values resultant from a development activity or alteration, off-site improvements may be required to compensate for an on-site loss. (Ord. 974 § 1, 2018: Ord. 802 § 1, 2003; Ord. 659 § 1, 1994)
18.70.020 Definitions.
A. “Best available science” means scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925. Some sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas” published by the State Office of Community Development.
1. Valid Scientific Process. The process useful in understanding critical area consequences of a local decision and in developing effective regulations and/or mitigation techniques to protect the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the city shall determine whether the source of the information displays the characteristics of a valid scientific process including, but not limited to, the following:
a. Peer Review. The information has been critically reviewed by other persons who are qualified experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers (publication in a refereed scientific journal usually indicates that the information has been appropriately peer-reviewed).
b. Methods. The methods used to obtain the information are clearly stated and reproducible. Such methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to assure their reliability and validity.
c. Logical Conclusions/Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions, are supported by the data presented, and any information gaps and/or inconsistencies with other pertinent scientific information are adequately explained.
d. Quantitative Analysis. The data has been analyzed using appropriate statistical or quantitative methods.
e. Context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge.
f. References. The assumptions, analytical techniques and conclusions are well referenced with citations to relevant literature and other pertinent existing information.
2. Nonscientific Information. Nonscientific information may be used to supplement scientific information, but is not an adequate substitute for valid and available scientific information. Common sources of nonscientific data include:
a. Anecdotal Information. One or more observations that are not part of an organized scientific effort.
b. Non-Expert Opinion. Opinion of a person who is not a qualified scientific expert in a pertinent scientific discipline.
c. Hearsay. Information repeated from communication with others.
3. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area, leading to uncertainty about the risk to a critical area function of permitting an alteration or impact to a critical area, the city shall:
a. Precautionary Approach. Take a precautionary/no-risk approach that limits development and land use activities until the uncertainty is sufficiently resolved.
b. Adaptive Management Program. Take an adaptive management program approach, being a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty, which shall include the following:
i. Address funding for the research component of the adaptive management program;
ii. Change course based on the results and interpretation of new information that resolves uncertainties; and
iii. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas.
B. “Best management practices” means conservation practices or systems of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxins and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;
3. Protect trees and vegetation designated to be retained during and following site construction; and
4. Provide standards for proper use of chemical herbicides within critical areas.
C. “Critical areas” include the following areas and ecosystems:
1. “Agricultural land” is land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.
2. “Aquifer recharge areas” are areas having a critical recharging effect on aquifers used for potable water where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the certifiable potability of water (WAC 365-190-030).
3. “Fish and wildlife habitat conservation areas” are areas which include: (a) areas with which priority species and habitat have primary association; (b) areas with which endangered, threatened, and sensitive species have primary association; (c) habitats and species of local importance; (d) naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and other wildlife habitat; (e) waters of the state; (f) lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; or (g) state natural area preserves and natural resource conservation areas.
4. “Forested resource land” is land primarily used for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing trees commercially.
5. “Frequently flooded areas” are areas included in those flooded areas identified in the one percent or greater chance of flooding in any given year of the Federal Emergency Management Agency and the National Flood Insurance Program and other frequently flooded areas. These areas include, but are not limited to, streams, lakes, rivers, wetlands, and the like (WAC 365-190-030).
6. “Geologically hazardous areas” are areas that because of their susceptibility to erosion, sliding, earthquake, or other geologic events are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns (Chapter 36.70A RCW).
7. “Mineral resource land” is land primarily devoted to the extraction of minerals or that has known or potential long-term commercial significance for the extraction of minerals.
8. “Wetlands” are areas inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands do include artificial wetlands created from nonwetland areas created to mitigate conversion of wetlands (Chapter 36.70A RCW).
D. “Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, protection from hazards, historical and archaeological and aesthetic value protection, and recreation. (Ord. 974 § 1, 2018: Ord. 890 § 1, 2010; Ord. 802 § 2, 2003; Ord. 659 § 1, 1994)
18.70.030 Scope and applicability.
A. General. This chapter applies to the construction, alteration or enlargement of any building or structure, excavation, grading, earthwork construction and the removal of vegetation on any land that meets the classification standards for any critical area contained herein. In addition, this chapter applies to all public or private actions, permits and approvals in association with a resource land and/or a critical area and its buffer including but not limited to the following:
1. Building, grading, filling, mining, storage of equipment and materials, special stormwater and sanitary sewer permits and local improvement districts;
2. Annexations, subdivisions, short plats, boundary line adjustments or combination permits;
3. Reclassifications, site plan approvals, special and conditional use permits; and
4. Temporary use permits, variances and exceptions.
B. Wetlands and Streams. For wetlands and streams, the above applicability standards are expanded to include any act or use adjacent to or within 200 feet of a wetland or stream and its associated adjacent buffer which would destroy the natural vegetation; result in significant change in habitat, water temperature, physical or chemical characteristics; alter natural contours and/or substantially alter existing patterns of stormwater and/or ground water flow.
C. Multiple Critical Areas Located on One Site. Where one site is classified as two or more critical areas, the project shall meet the minimum standards and requirements for each identified critical area as set forth in this chapter.
D. Maps and Inventory. Critical areas may be located through the use of the county’s generalized wetland and other critical areas inventory maps that are available for reference. Resource lands and critical areas indicated on such maps are presumed to exist in the locations shown and are protected under all provisions of this chapter. The exact location of resource lands and critical areas shall be determined by the applicant as a result of field investigations performed by qualified professionals using the definition found in this chapter. In reference to the Flood Insurance Rate Maps (FIRM), the exact location of the special flood hazard areas (the land in the floodplain within the community subject to a one percent or greater chance of flooding in any given year) is determined by FEMA in conjunction with the community. Any changes in location of the designated area must be documented and approved through the letter of map revision (LOMR) process. (Ord. 974 § 1, 2018: Ord. 890 § 2, 2010; Ord. 659 § 1, 1994)
18.70.040 Abrogation and greater restrictions.
It is not intended that this chapter repeal, abrogate or impair any existing regulations, easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, then the provisions of this chapter shall prevail. (Ord. 974 § 1, 2018: Ord. 659 § 1, 1994)
18.70.050 Procedures for critical areas permits.
If an open record public hearing is to be held on any permit application administered under this chapter, such application shall adhere to the Type III (quasi-judicial) provisions of DPMC Title 19. Any permit application administered under this chapter which is processed by city staff or the hearing examiner in an administrative manner (i.e., at a public meeting) shall adhere to the Type II (administrative) provisions of DPMC Title 19.
A. All applications for permits to conduct activities having a possible impact on critical areas must identify the critical areas affected and make an estimate of the probable impact. The city of Deer Park shall deny all requests for permits which would result in activities degrading a wetland or fish or wildlife habitat conservation area, which would put people or property in a position of unacceptable risk with respect to floods or geologic hazards, or which would harm critical recharging areas for aquifers. The city of Deer Park may, however, grant permits which include mitigation measures if the mitigation measures adequately protect the critical areas and people and property involved.
B. Required Use of Best Management Practices. All activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city shall monitor the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense.
C. Critical Area Report. If a proposed activity is within, adjacent to, or is likely to impact a critical area, the city shall require a critical area report from the applicant that has been prepared by a qualified professional, which incorporates best available science, and which details proposed impact mitigation techniques.
1. All impacts that degrade the functions and values of a critical area or areas shall be avoided. If alteration to a critical area is unavoidable, the impact shall be mitigated in accordance with an approved critical area report and SEPA documents.
2. Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by the critical area.
3. Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.
D. Notice on Title. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the county records according to the direction of the city. The notice shall state the presence of the critical area or buffer on the property, the application of this chapter to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land. The applicant shall provide proof to the city that said title notice has been duly filed for public record before the city where such entity has an adjudicated right of an easement or right-of-way, or on the site of a permanent public facility.
This notice shall not be required for a development proposal by a public agency or public or private utility within a recorded easement or right-of-way, where such entity has an adjudicated right of an easement or right-of-way, or on the site of a permanent public facility.
E. Information Requirements. Applications for a critical areas permit under this chapter shall include:
1. A description and map(s) showing the entire parcel of land owned by the applicant and the exact boundary of the critical area on the parcel (when the critical area is a wetland, the boundary must be delineated in accordance with the Washington State Wetlands Identification and Delineation Manual, Ecology Publication No. 96-94, March 1997 or current edition).
2. A site plan for the proposed activity showing the location, width, depth, and length of all existing and proposed structures, roads and equipment within the critical area and its buffer.
3. Elevations of the site and adjacent lands within the critical area and its buffer.
4. In special flood hazard areas, site plans shall include the location of existing or proposed structures, fill, storage of materials, and drainage facilities. Specifically, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the floodplain administrator;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in DPMC 18.70.100(F)(3);
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
5. Elevation certificates shall be provided to the city and maintained as records subject to a public records request.
6. Specific means to mitigate any potential adverse environmental impacts of the applicant’s proposal.
7. Top view and typical cross-section views of the critical area (and buffer, if applicable) to scale.
8. If the critical area is a wetland, a qualified professional shall provide a delineation report using the Washington State Wetlands Identification and Delineation Manual, Ecology Publication No. 96-94, March 1997 or current edition, unless the planning director determines the project shall be exempt from further review. The project shall be exempt from further review if the applicant can clearly show:
a. No adverse impacts will occur to the wetlands or its buffer; and
b. The proposed use or structure is located beyond the required buffer or building setback zone based upon wetland type.
Following a determination of exemption by the planning director, a written decision shall be prepared stating reasons for the exemption and the decision shall be sent to all interested persons and agencies who are involved or who wish to be notified of such decisions.
9. The planning director may require additional information deemed necessary to verify compliance with the provisions of this chapter or to evaluate the proposed use in terms of the purposes of this chapter.
F. Filing Fees. At the time of an application request, the applicant shall pay a filing fee as determined by the city council by resolution. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application. As deemed necessary by the planning director, the city may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures.
G. Notification. Upon receipt of the completed critical areas permit application, the planning department shall issue a determination of completeness and notify the individuals and agencies, including federal and state agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies opportunity to comment. The planning department shall establish a mailing list of all interested persons and agencies who wish to be notified of such applications.
H. Notice of Filing. The owner of any property with a critical area and/or critical area buffer verified on site in relationship to a development proposal shall record a notice of presence of the critical area and/or buffer with the Spokane County auditor. Such recording shall contain notice of the critical area and/or buffer and the application of this chapter to said property. The applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this chapter.
I. Public Hearing. Following the submittal of an application determined to be complete by the planning director, the hearing examiner shall hold a hearing on the application, unless the planning director finds that the activity is so minor as to not affect a critical area. If a public hearing is required, notice shall be given in accordance with Chapter 18.88 DPMC. Regardless of whether or not a public hearing is required, the notice of application provisions of DPMC Title 19 apply to all applications under this chapter.
J. Permit Actions. The hearing examiner shall approve, approve with conditions, or deny an application within the time frame required in DPMC Title 19, except that where additional information is required by the hearing examiner, the period may be extended in accordance with the provisions of DPMC Title 19. In acting on the application, the hearing examiner shall, in writing, deny, approve, or conditionally approve the proposed activity in accordance with the notice of decision requirements of DPMC Title 19.
K. Application Approval. An application shall only be approved if the application, as conditioned, is consistent with the provisions of this chapter. Additionally, permits shall only be granted if:
1. A proposed action avoids adverse impacts to critical areas or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts;
2. The proposed activity results in no net loss.
L. Critical areas applications shall not be effective and no activity thereunder shall be allowed during the time provided to file an appeal. (Ord. 1001 § 1, 2021; Ord. 974 § 1, 2018: Ord. 890 § 3, 2010; Ord. 802 § 3, 2003; Ord. 722 § 130, 1998; Ord. 659 § 1, 1994)
18.70.060 Agricultural lands.
[Section reserved/No applicability] (Ord. 974 § 1, 2018: Ord. 659 § 1, 1994)
18.70.070 Aquifer recharge areas.
Any land use having a significant potential to contaminate the water. Portions of the area within the city of Deer Park city limits lie over the Deer Park ground water basin. The hearing examiner in review of permits will therefore use regulations from the Federal Clean Water Act, Spokane County aquifer overlay zone and other state and county acts and policies related to the aquifer. (Ord. 974 § 1, 2018: Ord. 659 § 1, 1994)
18.70.080 Fish and wildlife habitat conservation areas.
The following rating system is hereby adopted as the rating system for classifying fish and wildlife conservation areas for the city of Deer Park:
A. Class 1 Fish and Wildlife Habitat Conservation Area. Class 1 fish and wildlife habitat conservation areas are lands including the following:
1. All seasonal ranges and habitat elements with which federal and state listed endangered, threatened, and sensitive species have primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
2. Areas targeted for preservation by federal, state and/or local governments which provide fish and wildlife benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife Service and state conservation areas identified by Washington State.
B. Class 2 Fish and Wildlife Habitat Conservation Area. Class 2 fish and wildlife habitat conservation areas are all seasonal ranges and habitat elements with which state listed candidate and monitored species or priority game species have a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
C. Class 3 Fish and Wildlife Habitat Conservation Area. Class 3 fish and wildlife habitat conservation areas are habitats which include attributes such as comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, islands, meadows, mature forests, snag-rich areas, talus slopes, and urban natural open space.
D. Buffer Zones for Fish and Wildlife Conservation Areas. The width of the required buffer zones shall adhere to the designated standard buffer widths set forth in DPMC 18.70.140, based upon their comparative numerical rating of importance. (Ord. 974 § 1, 2018: Ord. 722 § 131, 1998; Ord. 659 § 1, 1994)
18.70.090 Forest lands.
[Section reserved/No applicability] (Ord. 974 § 1, 2018: Ord. 659 § 1, 1994)
18.70.100 Frequently flooded areas.
Any land use or other activity likely to contribute to a significant increase in flood hazards or to place a significant number of people in danger. The high water mark of the Dragoon and Spring Creek drainages, and of the Dragoon Lake drainage, are identified in the mapping of the FEMA 100-year flood area and therefore are subject to FEMA 100-year floodplain regulations.
A. Definitions. For the purpose of this section, the following definitions shall apply:
1. “Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.
2. “Appeal” means a request for a review of the interpretation of any provision of this section, or a request by a variance.
3. “Area of shallow flooding” designated as AO or AH zone on the Flood Insurance Rate Map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations.
4. “Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.
5. “Base flood” is the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on Flood Insurance Rate Maps by the letters A or V.
6. “Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.
7. “Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.
8. “Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.
9. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
10. “Elevation certificate” means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials.
11. “Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
12. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
13. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
14. “Flood” or “flooding” means:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from:
i. The overflow of inland or tidal waters.
ii. The unusual and rapid accumulation or runoff of surface waters from any source.
b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(14)(a)(i) of this section.
15. “Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).
16. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
17. “Floodplain” or “flood prone area” means any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.”
18. “Floodplain administrator” means the city community services director, or other designee of the mayor.
19. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
20. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
21. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities.
22. “Hearing examiner” means the person appointed as hearing examiner pursuant to Chapter 2.48 DPMC.
23. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
24. “Historic structure” means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
i. By an approved state program as determined by the Secretary of the Interior, or
ii. Directly by the Secretary of the Interior in states without approved programs.
25. “Increased cost of compliance” is a flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of substantial damage or as a result of cumulative substantial damage. More information is available in FEMA ICC Manual 301.
26. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section (i.e., provided there are adequate flood ventilation openings).
27. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a recreational vehicle.
28. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
29. “Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
30. “New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.
31. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of pads) is completed on or after the effective date of adopted floodplain management regulations.
32. “Planning director” means the city community services director.
33. “Recreational vehicle” means a vehicle:
a. Built on a single chassis;
b. Four hundred square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a light duty truck; and
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
34. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
35. “Structure” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.
36. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
37. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
b. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”
38. “Variance” means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
39. “Water dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
B. Purpose. These additional municipal regulations within frequently flooded areas are intended to achieve the following:
1. To protect life and property by preventing hazardous usage of frequently flooded areas, including protecting downstream property from higher velocities of water and higher flood levels which may be caused by loss of upstream holding capacity;
2. To minimize turbidity and pollution from upstream developments;
3. To protect the general public against avoidable losses including, but not limited to, maintenance and replacement costs of public facilities and utilities, damage to public facilities and utilities in downstream areas, subsidy of the cost of flood insurance in frequently flooded areas, the cost of public emergency rescue and relief operations attributable to development of lands in frequently flooded areas;
4. To alert appraisers, assessors, owners, potential buyers, and lessees of the natural limitations of frequently flooded areas;
5. To qualify existing homes and businesses for participation in federal flood insurance programs; and
6. To implement federal and state flood protection programs.
C. General Provisions. The following general provisions shall apply to properties located within special flood hazard areas:
1. Lands to Which This Section Applies. This section shall apply to all special flood hazard areas within the boundaries of Deer Park.
2. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Spokane County and Incorporated Areas” dated July 6, 2010, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study and the FIRM are on file at city of Deer Park, City Hall, 316 E. Crawford Avenue. The best available information for flood hazard area identification as outlined in subsection (A)(4) of this section shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under subsection (A)(4) of this section.
3. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
4. Interpretation. In the interpretation and application of this section, all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes.
5. Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
D. Administration.
1. Permits. No person shall have the authority or the right hereafter to construct, reconstruct, or modify any structure or works affecting floodwaters within any special flood hazard areas. A development permit shall be obtained before construction or development begins within any area of special flood hazard. The permit shall be for all structures including manufactured homes as set forth in the definitions of this section, and for all development including fill and other activities within the special flood hazard area.
a. No person shall operate or maintain, nor construct, reconstruct, or modify, any structure or work, without a written permit issued by the city of Deer Park after review of all plans and additional permits required for compliance with provisions of this section and after all review and analysis costs for permits are reimbursed to the city.
b. Compliance with the provisions of this section does not relieve the owner or developer from the responsibility of obtaining other permits which may be required pursuant to federal, state, or county laws, including approvals required by such other entities which relate to environmental concerns, water systems and wastewater facilities.
c. Exception shall be when immediate emergency action must be taken in order to protect property or life from high velocity waters, after which permits must be approved to repair or restore damaged property or lands because of flood conditions.
2. Designation of the Floodplain Administrator. The planning director shall be charged with the administration of this section governing “frequently flooded areas,” including the issuance of permits, the general supervision over planning, construction, operation, and maintenance of any works structures and improvements, public or private, that may affect flood conditions. The planning director shall have authority to examine, approve, approve with conditions, or reject designs and plans for any structure or works, public or private, to be erected or built, or to be reconstructed or modified, upon the banks or in or over the channel, or over and across the floodway or floodplain area of any stream officially mapped for flood hazards as noted elsewhere in this section.
3. Duties of the planning director shall include, but not be limited to:
a. Permit Review. Review all development permits to determine that:
i. The permit requirements of this section have been satisfied;
ii. All other required state and federal permits have been obtained;
iii. The site is reasonably safe from flooding;
iv. Notify FEMA when annexations occur in the special flood hazard area.
b. Use of Other Base Flood Data. When base flood elevation data has not been provided (in A or V zones) in accordance with subsection (C)(2) of this section, Basis for Establishing the Areas of Special Flood Hazard, the planning director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer subsection F of this section, specific standards.
c. Information to Be Obtained and Maintained.
i. Where base flood elevation data is provided through the FIS, FIRM, or required as in subsection (D)(2)(b) of this section, obtain and maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
ii. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (D)(2)(b) of this section:
(A) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed.
(B) Maintain the floodproofing certifications required in subsection (F)(3) of this section.
iii. Records of all variance actions, including justification for their issuance.
iv. Improvement and damage calculations.
v. Maintain for public inspection all records pertaining to the provisions of this section.
d. Notification to Other Entities. Whenever a watercourse is to be altered or relocated:
i. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means; and
ii. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
e. Review of Building Permits. Where elevation data is not available through the FIRM or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment made by the community service director and includes use of historical data, high water marks, photographs of past flooding, etc., where available.
E. Improvements, Maintenance and Bank Stabilization – Work in Floodplain. The following improvements, maintenance, and stabilization are permitted subject to permits and approvals as specified in this subsection; provided, that a licensed engineer in the state of Washington submits engineered plans, evidence and support for review and analysis by city officials and the Federal Emergency Management Agency (FEMA) when required:
1. Stream Improvements. Stream bank stabilization with quarry rock or other material, dike and levee construction for the purpose of erosion control, flood control and the protection and preservation of properties, and similar stream improvements are subject to approval of the state Department of Fish and Wildlife, the state Department of Ecology, in some cases the Spokane County board of commissioners, selected other governmental agencies on a case-by-case basis, and in all cases, the Deer Park city council. In no event shall other governmental approvals be construed to exclude or bypass the final approval authority of the Deer Park city council.
2. Other Floodplain Improvements. While regulatory provisions by a federal, state, or county governmental agency shall be followed, the approval of a proposal by any other governmental agency shall not have precedence over or otherwise circumvent the Deer Park city council authority within city limits. In no event shall other governmental approvals be construed to exclude or bypass the final approval authority of the Deer Park city council.
F. General Standards. The following general standards shall apply to properties located within the special flood hazard areas within the jurisdiction of the city of Deer Park:
1. Residential Construction.
a. In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE. Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE. New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs must meet or exceed the following minimum criteria:
i. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
iv. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
2. Manufactured Home. All manufactured homes to be placed or substantially improved on sites within the special flood hazard area shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the BFE and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement and be designed by a certified registered professional engineer in the state of Washington with licensed expertise in flood mitigation. In an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the manufactured home shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
3. Nonresidential Construction.
a. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (F)(3)(a)(i) or (ii) of this section.
i. Elevation.
(A) In AE and A1-30 zones or other A zoned areas where the BFE has been determined or can be reasonably obtained: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated least one foot above the BFE, or as required by ASCE 24, whichever is greater.
(B) If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.
(C) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs must meet or exceed the following minimum criteria:
(1) Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.
(4) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.
Alternatively, a registered engineer or architect may design and certify engineered openings.
ii. Floodproofing.
(A) New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall be dry floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is greater.
(B) Structural Components. Structural elements are capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
(C) Certification. The design and construction of the structural improvements have been certified by a registered professional engineer that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection (D)(3) of this section.
4. Excavation/Filling/Grading. Terrain modification (excavation/filling/grading) within areas of special flood hazard may be permitted under the following conditions:
a. Impoundment. When no impoundment of floodwaters is likely to be caused by such terrain modification activities.
b. Natural Drainage. When natural drainage courses for affected on-site and off-site drainages are not blocked.
c. Cut or Fill Slopes. When the stream sides of the cut or fill slopes are adjacent to or near the floodway, and where the cut or fill slopes are stabilized in an approved manner to prevent erosion of the cut or fill material.
d. General Grading (Terrain Modification). When any grading would not pollute or contribute materially to the turbidity of the flood waters.
5. Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a. Be on the site for fewer than 180 consecutive days, or
b. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
c. Meet the requirements of subsection (F)(1) of this section, Residential Construction.
6. Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.
7. Land Divisions for Residential or Nonresidential Lots/Uses. All land divisions (subdivisions) in the special flood hazard area shall ensure that the roadway access to and building site for any use is situated at least one foot above the 100-year flood elevation. The net area, excluding the special flood hazard area, of building sites in any usage zone shall conform to the lot area requirements for the applicable usage zone.
G. Mapped Flood Hazard Areas. Those flood prone locations duly mapped by federal, state or county agencies, as specified in this section, shall serve in congruence or incidentally with all other mapped areas (i.e., zoning), with no replacement, alteration, or change of such mapped areas. Uses expressly prohibited in any such mapped flood hazard locations are: the placement or storage of chemicals, petroleum products or by-products, fertilizers, insecticides, pesticides, lime, cement, or other materials that, when inundated, will contribute to or constitute a hazard to life, health, safety, and/or adversely affect the quality of surface waters. The community services director is authorized to make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards. Appeals of a decision by the community services director within this section are subject to DPMC 18.70.160.
H. Enforcement of Improvements, Construction, or Works. Any existing structures, encroachments, or works hereafter reconstructed, modified, expanded, or their operations changed or altered without approved plans and approved mitigating measures as prescribed herein, will be in violation of this section. Such violations shall be deemed a public nuisance and may be abated in the manner provided by law. Exceptions to these provisions include only replacement of a nonconforming structure due to fire or flood (see the nonconforming provisions of Chapter 18.104 DPMC).
I. Regulatory Control, Administration, Permits Required. The planning director shall be charged with the administration of this section governing “frequently flooded areas,” including the issuance of permits, the general supervision over planning, construction, operation, and maintenance of any works, structures and improvements, public or private, that may affect flood conditions. The planning director shall have authority to examine, approve, approve with conditions, or reject designs and plans for any structure or works, public or private, to be erected or built, or to be reconstructed or modified, upon the banks or in or over the channel, or over and across the floodplain area of any stream officially mapped for flood hazards as noted elsewhere in this section.
J. Procedural Requirements for Permits and Licenses. Municipal approvals which relate to the development of land or subdivisions shall comply with provisions of DPMC Title 17, Subdivisions, and provisions of this section for land within an area of special flood hazard. Any lot or site that has any portion of its area within a duly mapped frequently flooded area shall be bound by this section and by development regulations contained herein.
1. All subdivision proposals shall be consistent with the need to minimize flood damage;
2. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize or eliminate flood damage;
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
4. Where base flood elevation data has not been provided or is not available from another authorized source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
K. Authority. The city of Deer Park shall consider and interpret information produced by the herein-identified federal, state, and county entities to verify those locations mapped as being subject to frequent flooding events of a 100-year probability. If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a letter of map change, then the project approval shall be conditioned accordingly.
L. Variances. Any variance from the floodplain management standards must be made by appeal to the hearing examiner within the time frame established by state law following the city’s issuance of a notice of decision for the appeal of matters pursuant to the Land Use Petition Act, Chapter 36.70C RCW. Appeals shall be timely made pursuant to state law to the superior court for the state of Washington in and for Spokane County. Appeals must be filed by the applicant or a party with standing as defined in the State Land Use Petition Act, Chapter 36.70C RCW.
Variances from the floodplain management standards shall only be issued if meeting all of the applicable criteria in subsection (L)(2) of this section. Variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this section would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
1. Requirements for Variances. Variances shall only be issued:
a. Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
b. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;
c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
d. Upon a showing of good and sufficient cause;
e. Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant;
f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined as having a “functionally dependent use.”
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, provided the procedures of subsections D through F of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
2. Variance Criteria. In considering variance applications, the hearing examiner shall consider all technical evaluations, all relevant factors, all standards specified in other sections of the ordinance codified in this section, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in time of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.
3. Additional Requirements for the Issuance of a Variance.
a. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
i. The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and
ii. Such construction below the BFE increases risks to life and property.
b. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance.
c. The floodplain administrator shall condition the variance as needed to ensure that the requirements and criteria of this chapter are met.
d. Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. (Ord. 1001 § 1, 2021; Ord. 974 § 1, 2018; Ord. 890 §§ 4 – 12, 2010; Ord. 722 § 132, 1998; Ord. 659 § 1, 1994)
18.70.105 Spokane County shoreline program.
The applicable provisions of the most current county-wide and county-administered shoreline master program and related documents are incorporated herein by reference.
A. Pursuant to RCW 36.70A.480 and WAC 173-26-020(9), Part Four (Use Regulations) of the “Spokane County Shoreline Program” is hereby incorporated by reference into this section. This incorporation by reference, which governs activities in the vicinity of Dragoon Lake, adopts Spokane County’s regulations as currently constituted and/or as may be amended or modified in the future by the Spokane board of county commissioners.
B. In addition to this section, DPMC 18.70.080, 18.70.100, 18.70.110, and 18.70.130 also serve to potentially regulate portions of the area affected by this section (in and around the vicinity of Dragoon Lake). Therefore, where any applicable portion of any section of this chapter imposes a greater restriction or regulation upon buildings, structures, and/or uses than are imposed by other applicable sections, the most restrictive provisions shall apply. (Ord. 974 § 1, 2018: Ord. 722 § 133, 1998)
18.70.110 Geologically hazardous areas.
Geologically hazardous areas include areas susceptible to erosion, sliding, or other geological events. Geologically hazardous areas include erosion hazard areas, landslide hazard areas, and areas of steep slope conditions.
A. Classification. Geologically hazardous areas shall be classified based upon landslide history and the presence of unstable soils, steep slopes, or high erosion potential. Areas in these categories are a potential threat to public health, safety, and welfare when construction or incompatible uses are allowed. Some potential risk due to construction in geologically hazardous areas can be reduced through structural engineering design. Construction in geologically hazardous areas should be avoided when potential risk to public health and safety cannot be reduced to a level of risk comparable to the level of risk if the site were stable. In determining the significance of a geologically hazardous area, the following criteria may be used:
1. Potential economic, health, and safety impacts related to construction in affected areas;
2. Soil type, slope, vegetative cover, and climate of the affected areas; and
3. Available documentation of the history of soil movement, the presence of mass wastage, debris flows, or deposition of stream-transported sediments.
Classification and rating may be based upon the risk to development in geologically hazardous areas.
B. Erosion Hazard Areas. Erosion hazard areas shall be defined by the U.S. Department of Agriculture, Soil Conservation Service, U.S. Geologic Survey. The following classes are high erosion hazard areas:
1. Class 3, Unstable (U), includes severe erosion hazards and rapid surface runoff areas;
2. Class 4, Unstable Old Slide (UOS), includes areas having severe limitations due to slope; and
3. Class 5, Unstable Recent Slides (URS), includes areas of recently documented instability.
C. Landslide Hazard Areas. Landslide Hazard Areas shall include areas subject to severe risk of landslide based upon a combination of geologic, topographic, and hydrologic factors. Landslide hazard areas include the following:
1. Any area characterized by slopes greater than 15 percent, impermeable soils (typically silt or clay) frequently interbedded with permeable granular soils (predominantly sand and gravel), or impermeable soils overlain with permeable soils and springs or groundwater seepage;
2. Any area which has exhibited movement during the Holocene epoch (from 10,000 years ago to present), or which is underlain by mass wastage debris of that epoch;
3. Any area potentially unstable due to rapid stream incision or stream bank erosion;
4. Any area located on an alluvial fan presently subject to, or potentially subject to, inundation by debris flows or deposition of stream-transported sediments;
5. Any area with a slope of 30 percent or greater and with a vertical relief of 10 or more feet, except areas composed of consolidated rock;
6. Any area with slopes defined by the U.S. Department of Agriculture, Soil Conservation Service, as having a “severe” limitation for building site development.
D. Slope Hazard Areas. Moderate slopes shall include any slope equal to or greater than 15 percent and less than 30 percent, and steep slopes shall include any slope equal to or greater than 30 percent.
E. Standards for Site Alterations in Geologically Hazardous Areas. The following criteria shall apply to any site disturbance activities proposed in geologically hazardous areas:
1. In erosion hazard areas, the applicant shall submit an erosion control plan prior to approval of the proposal; all authorized clearing for streets, utilities, building sites, etc. shall be limited to the minimum necessary to accomplish engineering design; and site alteration shall meet the following requirements:
a. Clearing, grading, or filling of sloped sites containing erosion hazard areas shall be conducted only between April 1st and October 1st of any year;
b. All clearing, grading, or filling shall be marked in the field and shall be inspected and approved prior to any site alteration activities; and
c. The face of any cut and/or fill slopes shall be prepared and maintained to control against erosion.
2. In landslide hazard areas, all development proposals shall comply with the following requirements:
a. Alterations to areas located on slopes of 30 percent or greater shall conform to the provisions of subsection (E)(3) of this section.
b. Unless the alteration is approved under the provisions of subsection (E)(1) of this section, a minimum buffer width of 50 feet shall be maintained from any edge of any landslide hazard area regardless of the slope percentage factor.
c. All buildings shall be setback 15 feet from any outer edge of the buffer of the landslide hazard area set forth in subsection (E)(2)(b).
3. In areas of moderate to steep slope conditions, grading, vegetation removal, and other site disturbance activities can lead to erosion or landslides. When the amount of slope area subject to disturbance is decreased, and/or the slope percentage itself decreases, the risk of erosion and landslide commensurably decreases. Therefore, all site disturbance activities on moderate to steep slopes shall be subject to the following criteria:
a. Site disturbance activities shall be subject to the following maximum site area disturbance criteria, depending upon the slope percentage:
|
Percent Slope Factor |
Maximum Site Disturbance Permitted |
|
Flat to 8.0 percent slope |
100 percent |
|
8.1 to 15.0 percent slope |
80 percent |
|
15.1 to 30.0 percent slope |
55 percent |
|
30.1 percent slope or greater |
30 percent |
b. Development on moderate and/or steep slopes shall be located so as to minimize disturbance and removal of vegetation and to also protect more sensitive areas and retain open space; structures shall be clustered, where practical and feasible, so as to reduce site disturbance and maintain natural topographic characteristics; and structures shall conform to natural slope contours and foundations shall be tiered, where possible, so as to conform to existing topography of a given site.
c. The design of development on moderate and/or steep slopes shall minimize the foot print of buildings and other disturbed areas, and common access drives and utility corridors shall be encouraged.
4. Where slopes exceed 30 percent, all proposed development shall be avoided if possible. Site disturbance shall be allowed only if the standards in subsection (E)(3) of this section and the following additional criteria can be met to the satisfaction of the city of Deer Park:
a. Where it has been demonstrated, through a soils report prepared by a geotechnical engineer, that no adverse impact will result from the proposal;
b. Where it has been demonstrated that approved surface water conveyance will result in minimum slope and vegetation disturbance;
c. The construction of public or private access streets, driveways, and/or paths, where it has been demonstrated that such alterations will not increase landslide and/or erosion risks, and they will be constructed of materials which will not contribute to surface water runoff;
d. The construction of public or private utility corridors, where it has been demonstrated that such alterations will not increase landslide and/or erosion risks;
e. Where it has been demonstrated that trimming and limbing of vegetation for the creation and maintenance of view corridors will not disturb soils and such activities will not increase risks of landslide or erosion.
5. Where sites are of such severe slope that the landslide and/or erosion mitigation standards of subsections (E)(3) and (E)(4) are unattainable, no site disturbance shall be allowed unless alternative forms of landslide/erosion control can be designed and proven, to the satisfaction of the city of Deer Park, to achieve the same or greater degree of hazard mitigation as those contemplated by the standards of said referenced subsections. (Ord. 722 § 134, 1998; Ord. 659 § 1, 1994)
18.70.120 Mineral resource areas.
[Section reserved/No applicability] (Ord. 659 § 1, 1994)
18.70.130 Wetlands.
A. The following rating system is hereby adopted as the rating system for categorizing wetlands for the city of Deer Park.
1. Category 1 Wetlands. These are wetlands that are: (a) documented habitat recognized by federal or state agencies for threatened or endangered plant, animal or fish species; (b) documented Natural Heritage wetland sites or high quality native wetland communities which qualify as Natural Heritage wetland sites; (c) documented habitat of regional or national significance for migratory birds; (d) regionally rare native wetland communities; (e) wetlands with irreplaceable ecological functions.
2. Category 2 Wetlands. Satisfy no Category 1 criteria and are: (a) documented habitat recognized by federal or state agencies for sensitive plant, animal or fish species; (b) documented priority species or habitats recognized by state agencies; (c) wetlands with significant functions, such as significant fish and wildlife use, which may not be adequately replicated through creation or restoration; these wetlands include many sizable bogs, marshes and swamps associated with various bodies of water; (d) documented wetlands of local significance.
3. Category 3 Wetlands. Satisfy no Category 1, 2 or 4 criteria and are wetlands with significant habitat value.
4. Category 4 Wetlands. Satisfy no Category 1, 2 or 3 criteria and are: (a) isolated wetlands that are less than or equal to one acre in size; and have only one wetland class; and have only one dominant plant species; (b) isolated wetlands less than or equal to two acres in size; and have only one wetland class and a predominance of exotic species.
B. Permitted Activities. The planning director may permit the following uses and/or activities on a site-specific basis:
1. Conservation or preservation of soil, water, vegetation, fish and other wildlife;
2. Outdoor passive recreational activities including fishing, bird watching, walking or hiking trails, nonmotorized boating or canoeing; or
3. Education or scientific research; provided, that the applicant can show all of the following: (a) the uses, activities, roads, structures, and/or facilities are not materially changed or enlarged; (b) all work is conducted using best management practices to ensure that flow, circulation patterns and chemical and biological characteristics of the wetland are not impaired; and (c) any unavoidable adverse impact affecting the aquatic environment is properly mitigated.
C. Exempted Activities – No Critical Areas Permit Required. Under this chapter, the following activities shall be allowed within a wetland or wetland buffer without a critical areas permit to the extent that they are not prohibited by other local, state or federal law and do not degrade a wetland or wetland buffer. This permit exemption does not apply where such activities result in the conversion of a wetland buffer to an activity requiring a permit under this regulation:
1. Conservation or preservation of soil, water, vegetation, fish, and other wildlife including the planting of native wetland vegetation;
2. Activities having minimal adverse impacts on wetland buffers and no adverse impacts on wetlands. These may include low intensity, passive recreational activities such as short-term scientific or education activities, and sport fishing or hunting;
3. The repair and maintenance of existing drainage ditches which are a part of a nonconforming wetland use;
4. Site investigative work necessary for land use application submittal such as surveys, soil logs, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored;
5. Normal maintenance of existing utility and street systems; provided, that whenever possible, maintenance activities be confined to late summer and fall. (Ord. 659 § 1, 1994)
18.70.140 Buffers.
Buffer zones shall be required for all regulated activities adjacent to a regulated critical area. Standard buffer zones may be enlarged or reduced by the planning commission as a condition of approval based upon degree and type of mitigation proposed.
A. The width of the required buffer zones will adhere to the designated standard buffer for: (1) wetlands based upon their comparative importance, (2) the location to areas that may be frequently flooded, and (3) upon the intensity of activity or use. These standards are as follows:
1. Category 1 – high intensity land use 200 feet; low intensity land use 150 feet.
2. Category 2 – high intensity land use 175 feet; low intensity land use 125 feet.
3. Category 3 – high intensity land use 125 feet; low intensity land use 75 feet.
4. Category 4 – high intensity land use 75 feet; low intensity land use 25 feet.
B. Increased Standard Buffer Zone Width. The planning commission may require increased buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect critical area functions and values based on local conditions.
C. Reduction of Standard Buffer Zone Width. The planning commission may reduce the standard buffer zone widths on a case-by-case basis where it can be demonstrated that the project includes a buffer enhancement plan that substantiates that an enhanced buffer will serve to protect the critical area’s functions and values. Under no circumstance will a buffer be reduced by more than 50 percent of the recommended buffer or be less than 25 feet.
D. Maintenance of Buffer Zones. Except as otherwise specified, critical area buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation shall be required.
E. Building Setback Lines. A minimum building setback of 15 feet is required from the edge of any wetland or floodplain buffer or the setback of the appropriate zone in which the building is located, whichever is greater. The setback shall be identified on the site plan that is filed as part of the application. (Ord. 659 § 1, 1994)
18.70.150 Nonconforming uses/structures.
An established use or existing structure that was lawfully permitted prior to adoption of the ordinance codified in this chapter, but which is not in compliance with this chapter, may continue subject to the following:
A. Nonconforming uses shall not be expanded or changed in any way that increases their nonconformity. However, an existing use may be changed to a less intensive use provided all other zoning and land use regulations are met;
B. Existing structures shall not be expanded or altered in any matter which will increase the nonconformity;
C. Activities or uses which are discontinued for 12 consecutive months shall be allowed to resume only if they are in compliance with this chapter; and
D. Nonconforming structures destroyed by an act of God must comply with provisions of DPMC 18.104.010. (Ord. 659 § 1, 1994)
18.70.160 Appeals.
All decisions of the planning director or the hearing examiner regarding this chapter shall be final. Any appeal of the final decision of the planning director or hearing examiner must be made within the time frame established by state law following the city’s issuance of a notice of decision for the appeal of matters pursuant to the Land Use Petition Act, Chapter 36.70C RCW. Appeals shall be timely made pursuant to state law to the Superior Court for the State of Washington in and for Spokane County. Appeals must be filed by the applicant or a party with standing as defined in the State Land Use Petition Act, Chapter 36.70C RCW.
The city shall provide a record for purposes of appeal that shall consist of the following:
A. Written findings, conclusions and decisions;
B. A typed transcript of the proceedings produced at the request of the appellant upon payment by the appellant of the actual costs incurred by the city to produce the transcript. (Ord. 974 § 1, 2018: Ord. 722 § 135, 1998; Ord. 659 § 1, 1994)
18.70.170 Enforcement.
A. General. No activity requiring a critical areas permit shall be conducted without approval from the planning director and without full compliance with this chapter. Those activities not specifically authorized are prohibited.
B. Administration. The planning director is authorized to enforce the provisions of this chapter.
C. Inspections. The planning director or authorized representative is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
D. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the planning director or authorized representative has reasonable cause to believe that there exists upon any premises any condition which violates the provisions of this chapter, the planning director or authorized representative may enter such premises at all times to inspect the same or perform any duty imposed upon by this chapter.
E. Violation. Any person, firm or corporation who violates any provisions of this chapter or who fails, refuses or neglects to comply with the terms, conditions or final orders issued under this section within the time provided in such order shall be deemed to have committed a civil infraction. Each day the violation continues following notice by the city to the person, firm or corporation committing the violation shall be considered a separate civil infraction for which a separate monetary penalty may be assessed. The monetary penalty which may be assessed for each violation for each day of a continuing violation is that monetary penalty set forth in DPMC 1.16.020. (Ord. 974 § 1, 2018: Ord. 659 § 1, 1994)
18.70.180 Severability.
If any clause, sentence, paragraph, section or part of this chapter or the application thereof to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any person or circumstance and to this end the provisions of each clause, sentence, paragraph, section or part of this law are hereby declared to be severable. (Ord. 659 § 1, 1994)