Chapter 25.25 RURAL ENVIRONMENT

Chapter 25.25
RURAL ENVIRONMENT

Sections:

25.25.010 Purpose.

25.25.020 Designation criteria.

25.25.030 General requirements.

25.25.040 Forest practices.

25.25.050 Commercial development.

25.25.060 Signs.

25.25.070 Residential development.

25.25.080 Subdivisions.

25.25.090 Utilities.

25.25.100 Shoreline protection.

25.25.110 Excavation, dredging, and filling.

25.25.120 Recreation.

25.25.010 Purpose.

The purpose of designating the rural environment is to restrict intensive development, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses, within the ecological carrying capacity of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area by limiting intensity, providing permanent open space and by maintaining adequate building setbacks from water to prevent shoreline resources from being destroyed for other rural types of uses. (Ord. O99-29 § 1)

25.25.020 Designation criteria.

Designation criteria for the rural environment shall be:

(1) Shorelines of the state possessing high capability to support active agriculture purposes;

(2) Shorelines of the state used or designated for residential development at a density of three units per acre or less;

(3) Shorelines of the state used or designated for light manufacturing or neighborhood business type uses;

(4) Shorelines of the state developed for residential purposes where surrounding land use is residential in character without all urban services;

(5) Shorelines of the state to be designated rural shall not have severe biophysical limitations to development such as floodplains, steep slopes, slide hazard areas and/or marshes, swamps, or bogs. (Ord. O99-29 § 1)

25.25.030 General requirements.

(1) Nonwater related and residential development shall not be permitted waterward of the ordinary high water mark.

(2) Except in those cases when the height requirements of the underlying zone are more restrictive, no structure shall exceed a height of 35 feet above average grade level. This requirement may be modified if the view of a substantial number of residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is agricultural or water dependent.

(3) All development shall be required to comply with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC to control runoff and to provide adequate surface water and erosion and sediment control during the construction period.

(4) Development shall maintain the first 50 feet of property abutting a natural environment as required open space.

(5) Parking facilities except parking facilities associated with detached single-family and agricultural development shall retain existing vegetation or be planted in conformance with the landscape standards enumerated in the general requirements (SMC 25.20.030) of the urban environment.

(6) Water quality treatment in compliance with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC shall be required where stormwater runoff would materially degrade or add to the pollution of recipient waters or adjacent properties.

(7) The regulations of this chapter have been categorized in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations.

(8) Development proposed in shorelines of the state shall maintain setbacks, provide easements or otherwise develop the site to permit a trail to be constructed or public access to continue where:

(a) There is a proposed trail in the King County trail system; or

(b) Part of the site is presently being used and has historically been used for public access.

(9) Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below 32.5 feet mean sea level.

(10) The regulations of this chapter are in addition to other adopted ordinances and rules. Where conflicts exist, that which provides more protection to the sensitive area shall apply; except that water dependent uses shall adhere to the applicable regulations and policies of the City of Sammamish shoreline master program. (Ord. O99-29 § 1)

25.25.040 Forest practices.

Forest practices may be permitted in the rural environment provided:

(1) Forest practices (see Chapter 76.09 RCW) within shorelines require a shoreline conditional use permit.

(2) Buffers. On all forest practices requiring a shoreline conditional use permit, a minimum buffer of 100 feet from either the ordinary high water mark or the edge of the FEMA floodway, whichever is greater, shall be established. The buffer shall be extended as necessary pursuant to the sensitive areas code to protect critical fish habitat for spawning or rearing; to alleviate surface water runoff problems; to protect habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the state of Washington; to control erosion hazards or for other reasons set out in Chapter 21A.50 SMC. Along shorelines there shall be no harvest of timber within the buffer except for necessary roads and crossings.

(3) All culverts shall be designed to comply with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC and shall be kept clear of obstructions. The minimum size for culverts shall be 15 inches in diameter.

(4) Culverts installed in streams used by fish shall meet all requirements set by the State Department of Fish and Wildlife and Chapter 9.04 KCC as adopted by Chapter 15.05 SMC.

(5) Roads and landings shall not be constructed within shoreline areas except when necessary to:

(a) Cross streams;

(b) Avoid road construction on unstable soils or on steep slopes when such construction would be more harmful than a shoreline location;

(6) Roads shall minimize cut and fill.

(7) Where roadside material is potentially unstable or erodible it shall be stabilized by use of seeding, compacting, riprapping, benching or other suitable means.

(8) Cut slopes shall not exceed: (x to y)

1/4 to 1 in rock

3/4 to 1 in stable soils

1-1/2 to 1 in unstable soils

(9) Side cast and embankment fill slopes shall not exceed: (x to y)

1-1/3 to 1 in broken rock and stable soils

1-1/2 to 1 in unstable soils

(10) Running surface widths should be kept to a minimum, with not more than 26 feet for two-lane roads and not more than 14 feet for single-lane roads.

(11) Embankment fills shall:

(a) Be constructed and compacted in layers no more than two feet thick;

(b) Consist of inorganic material with no buried slash or debris beneath the running surface;

(12) Where side cast would encroach upon a 100-year floodplain, end haul construction is required.

(13) Waterway crossings shall be constructed with minimum disturbance to banks and existing channels.

(14) Any soil or debris accidentally placed in the channel during bridge construction shall be removed by approved methods. All exposed soils shall be stabilized.

(15) All bridges shall be high enough to pass all anticipated debris and high water flows.

(16) Where aggregate earthen materials are used for paving or accumulate on bridges, sufficient curbs shall be installed to contain the surface material.

(17) Each stringer bridge shall have one secured end and one end free to swing.

(18) When active use of a logging road is discontinued, it shall be left in such condition to provide adequate drainage and soil stability.

(19) Equipment used for transportation, storage or application of chemicals shall be maintained in leakproof condition. If there is evidence of chemical leakage, the further use of such equipment must be suspended until the deficiency has been satisfactorily corrected.

(20) Materials treated with penta, creosote, or other chemicals shall be dried completely before use in any lake or stream. (Ord. O99-29 § 1)

25.25.050 Commercial development.

Commercial development may be permitted in the rural environment subject to the commercial development requirements (SMC 25.20.050) of the urban environment, the general requirements (SMC 25.25.030) of this chapter and provided:

(1) The commercial activity is permitted in the underlying zone.

(2) Water dependent commercial development shall not be required to maintain a shoreline setback.

(3) Water related commercial development shall maintain a shoreline setback of either 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced to either 20 feet from the ordinary high water mark or 10 feet from the edge of the floodway, whichever is greater, if the water related development provides limited public access or public access.

(4) Nonwater related commercial development shall maintain a shoreline setback of either 75 feet from the ordinary high water mark or 30 feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced to either 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater, if the nonwater related development provides limited public access. This shoreline setback may be reduced to either 20 feet from the ordinary high water mark or 10 feet from the edge of the floodway, whichever is greater, if the nonwater related development provides public access.

(5) Piers, moorages, floats, and launching facilities may be permitted accessory to commercial development, provided:

(a) The structure will serve a water dependent use;

(b) The structure does not constitute a hazard to navigation;

(c) No portion of the structure shall be located more than 120 feet waterward of the ordinary high water mark. (Ord. O99-29 § 1)

25.25.060 Signs.

Signs are permitted in the rural environment subject to the provisions of the underlying zoning and sign provisions of the urban environment (SMC 25.20.060); provided, that no sign shall be larger than 50 square feet. (Ord. O99-29 § 1)

25.25.070 Residential development.

(1) Multifamily residential development may be permitted in the rural environment subject to the general requirements of SMC 25.25.030 and the residential provisions of SMC 25.20.070 through 25.20.120 of the urban environment; provided, that multifamily development shall maintain a minimum setback of 75 feet from the ordinary high water mark, except that:

(a) If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway;

(b) If the development is proposed on shorelines, including one or more sensitive areas, as defined in Chapter 21A.15 SMC, such development shall be done in accordance with regulations and procedures set forth in Chapter 21A.50 SMC.

(2) Single-family residential development may be permitted in the rural environment subject to the general requirements of SMC 25.25.030 and the residential provisions of SMC 25.20.070 through 25.20.120 of the urban environment.

(3) Any pier, moorage, float or launching facility permitted accessory to single or multifamily development or common use facility accessory to a subdivision, short subdivision or planned unit development in the rural environment shall be subject to the residential pier, moorages, float, or launching facility provisions of the urban environment. (Ord. O99-29 § 1)

25.25.080 Subdivisions.

The lot standards enumerated in this section apply to any lot that has buildable area within the shorelines of the state. “Buildable area” means that area of the lot, exclusive of any required open space, yards or setbacks upon which a structure may be constructed.

(1) The minimum required area of a lot in the rural environment shall be five acres; provided, however:

(a) The minimum lot area may be reduced to 20,000 square feet when:

(i) All lots are part of an approved subdivision or short subdivision;

(ii) All lots are served by public water;

(iii) All lots are served by an approved sewage disposal system;

(iv) All lots are served by paved streets;

(v) All lots have a minimum width of 100 feet;

(vi) The base units per acre for that portion of a site under shoreline management jurisdiction in this case for a planned unit development or multifamily development shall be two.

(b) The minimum lot area may be reduced to 12,500 square feet when:

(i) All lots are part of an approved subdivision or short subdivision;

(ii) All lots are served by public water;

(iii) All lots are served by public sewers;

(iv) All lots are served by paved streets;

(v) All lots have a minimum width of 80 feet;

(vi) The base units per acre for that portion of a site under shoreline management jurisdiction in this case for a multifamily development shall be three.

(2) Any existing lot that does not comply with the minimum lot area requirement of subsection (1) of this section and located wholly or partially within the shorelines of the state shall be subject to the following provisions:

(a) If the adjoining property is not under the same ownership as such lot, then the lot shall be considered a separate building site.

(b) If the adjoining property is under the same ownership as such lot, then the lot shall not be considered a separate building site until the lot is combined with adjoining property under the same ownership in such a way as to comply with the requirements of subsection (1) of this section.

(3) Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space, or other similar required conditions of land subdivision or development, except, where specifically authorized by ordinance, such land may be used in area computations as an incentive to encourage common open space waterfront areas.

(4) The foregoing lot area and width standards may be further reduced in direct proportion to the amount of usable area dedicated as common open space within the shorelines of the state as long as the net density remains the same. The common open space shall provide physical access to the ordinary high water mark for the residents of an approved subdivision, short subdivision, or planned unit development; provided, that in no case may the lot standards be reduced below the lot standards required by SMC Title 21A (the development code) for the zone classification in which the lot(s) is (are) located.

(5) Lot averaging shall not be used to comply with the minimum lot area requirements of subsection (1) of this section for any lot wholly or partially within the shorelines of the state. (Ord. O99-29 § 1)

25.25.090 Utilities.

Utility facilities may be permitted in the rural environment subject to the utilities requirements (SMC 25.20.140) of the urban environment and the general requirements (SMC 25.25.030) of this chapter. (Ord. O99-29 § 1)

25.25.100 Shoreline protection.

(1) Shoreline protection may be permitted in the rural environment subject to the shoreline protection provisions (SMC 25.20.150) of the urban environment.

(2) Breakwaters shall not be permitted. (Ord. O99-29 § 1)

25.25.110 Excavation, dredging, and filling.

Excavation, dredging, and filling may be permitted in the rural environment subject to the provisions of SMC 25.20.160 of the urban environment provided:

(1) Excavation, dredging, and filling below the ordinary high water mark shall be permitted only:

(a) To serve a water dependent use; or

(b) To mitigate conditions that endanger public safety or fisheries resources; or

(c) As part of and necessary to roadside ditch maintenance that is performed consistent with best management practices promulgated through administrative rules pursuant to the sensitive areas provisions of Chapter 21A.50 SMC and if:

(i) The maintenance does not involve any expansion of the ditch beyond its previously excavated size. This limitation shall not restrict the City’s ability to require mitigation, pursuant to Chapter 21A.50 SMC, or other applicable law;

(ii) The ditch was not constructed or created in violation of law;

(iii) The maintenance is accomplished with the least amount of disturbance to the stream or ditch as possible;

(iv) The maintenance occurs during the summer low flow period and is timed to avoid disturbance to the stream or ditch during periods critical to salmonids; and

(v) The maintenance complies with standards designed to protect salmonids and salmonid habitat, consistent with Chapter 21A.50 SMC.

(2) Channelizing, straightening, or relocating rivers or streams shall not be permitted. (Ord. O99-29 § 1)

25.25.120 Recreation.

Recreational development may be permitted in the rural environment subject to the general requirements (SMC 25.25.030) of this chapter and the recreation provisions (SMC 25.20.170) of the urban environment; provided, that any pier, moorage, float or launching facility constructed in conjunction with a recreational development shall be governed by the pier and moorage regulations for commercial development (SMC 25.25.050) in this chapter. (Ord. O99-29 § 1)