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Title 17E
Chapter 17E.060
Section 17E.060.170
 

Title 17E Environmental Standards

Chapter 17E.060 Shoreline Regulations

Article III. General Provisions: Part I. General Development Requirements

Section 17E.060.170 Critical Areas
  1. The City of Spokane critical areas ordinances in Title 17E SMC and referenced in SMC 17E.060.090(E), effective January 6, 2008, as now constituted or hereafter amended, are herein incorporated into the Shoreline Master Program except as noted below:
    1. If provisions of the critical areas ordinances and other parts of the SMP conflict, the provisions most protective of the ecological resources shall apply, as determined by the City.
    1. Provisions of the critical areas ordinances that are not consistent with the Act, chapter 90.58 RCW, and supporting WAC chapters shall not apply in shoreline jurisdiction; and
    1. The provisions of the City of Spokane critical areas ordinances do not extend shoreline jurisdiction beyond the limits specified in this SMP. For regulations addressing critical area buffer areas that are outside shoreline jurisdiction, see the City of Spokane critical areas ordinances.
  1. The provisions of the City of Spokane critical areas ordinances, Title 17E SMC, shall apply to any use, modification, or development within the shoreline jurisdiction whether or not a shoreline permit or letter of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the critical areas ordinances and the entire SMP.
  1. For development within critical areas within shoreline jurisdiction, the following shall apply:
    1. Any use, modification, or development within critical areas shall result in a no net loss of ecological functions.
    1. Project proposals shall adhere to the applicable submittal requirements as specified in the critical areas ordinances and the shoreline regulations.
    1. Any use, modification, or development shall include the requirements for mitigation sequencing as specified in SMC 17E.060.230.
    1. Where mitigation is required, a mitigation plan shall be submitted pursuant to the submittal requirements described within critical areas ordinances; and
    1. Any use, modification, or development within two or more critical area types shall be required to adhere to the standards that are the most protective of the ecological function of the subject shoreline or critical area.
  1. Any use, modification, or development within geologically hazardous areas shall comply with the requirements in critical areas ordinances and the following:
    1. New development or the creation of new lots that would cause foreseeable risk from geological conditions to people or improvements during the life of the development shall not be allowed.
    1. New development or the creation of new lots that would require structural shoreline stabilization over the life of the development shall not be allowed. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses where no alternative locations are available and when no net loss of ecological functions will result. The stabilization measures shall conform to WAC 173-26-231; and
    1. Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be allowed in strict conformance with WAC 173-26-231 requirements and then only if no net loss of ecological functions will result.

Date Passed: Monday, November 3, 2008

Effective Date: Monday, July 26, 2010

ORD C34326 Section 2