(1) Purpose. The city of Stanwood recognizes that there are certain instances when a temporary use is needed, or which require a temporary structure for a limited period of time. The purpose of this section is to establish provisions authorizing temporary uses and/or structures, for limited periods of time, for the uses set forth herein, and by temporary use permit under the conditions set forth herein, when such uses are consistent with the purposes of this section.

(2) Permitted Temporary Uses and Structures. The following types of temporary uses may be authorized by temporary use permit subject to specific limitations in this section and such additional conditions as may be established by the community development director or his/her designee:

(1) For all residential, commercial and industrial zones, adequate ingress and egress for each parking space shall be provided without moving another vehicle and without backing a distance greater than 50 feet.

(1) Without restricting the permissible limits of the applicable zoning district, the height and scale of any new building shall be compatible with its site and any existing adjoining buildings.

(2) Where adjacent buildings are of different architectural styles in the DMU zoning district, any new structure shall be made compatible through such devices as screens, sight breaks and exterior wall treatment.

(1) Allowed Permitted Activities Defined. Allowed activities are similar to exemptions in that they do not require critical area review. However, unlike exemptions, allowed activities must follow the critical areas standards. Conditions may be applied to the underlying

permit, such as the building permit, to ensure critical area protection.

(1) See SMC 17.114.140 for allowed activities. In addition to the provisions of that section, the following apply:

(1) Stream corridors, name (if named), and stream type based on the State Department of Natural Resources’ Official Water Type Maps and SMC 17.130.050;

(1) Physical public access shall be provided for the following developments in the shoreline area, subject to the following criteria:

(1) After issuance of a grading permit, the director may require modifications of grading plans, specifications, construction phasing and/or operations or impose additional or more stringent standards and requirements, to the extent necessary to protect public health, safety and welfare. Such modifications, standards, or requirements may be necessary because of unusual circumstances or newly discovered site conditions including but not limited to soil type, topography, and weather conditions. Such modifications, standards and requirements may include but are not limited to scheduling, phasing or time restrictions.

(2) A phasing plan may be approved as part of a modified permit for incomplete portions of a grading proposal subject to the following requirements:

(1) Public/semi-public: institutional uses and public services uses only;

(2) Office uses;

(3) Commercial uses: general commercial, commercial recreational, automobile-oriented commercial (gas stations, auto repair shops, tire shops, etc.), home building supply outlets, plant and landscape nurseries, and shopping centers;

(4) Industrial uses: industrial, wholesaling, warehousing, and distribution activities;

(5) Tourist facilities: hotels, bed and breakfast accommodations, and entertainment activities;

(6) Live entertainment. (Ord. 1267 § 13, 2010; Ord. 929 Ch. 10(B)(1), 1995).

(1) Building Placement.

(1) Purpose. Supplemental standards are provided for uses with drive-through facilities to ensure protection from potential traffic hazards. These standards are to be applied in addition to all other applicable standards of this code.

(2) Standards.

(1) Findings.

(2) Retailers. Marijuana retailers may operate in the city pursuant to the following conditions and restrictions:

(3) Additional Restrictions/Limitations. In addition to the requirements and limitations set forth in subsections (1) and (2) of this section, marijuana retailers shall be subject to the following:

(4) Any and all permits for the use or construction of facilities to produce, process or sell marijuana in the city of Stanwood shall bear the following warning:

The sale and use of marijuana are a criminal activity under federal law and may subject any person engaging in such conduct to prosecution under federal law. The issuance of this permit by the City of Stanwood carries out a Washington State regulatory scheme, but does not affect the application of federal law to the permittee.

(1) Findings.

(2) Additional Standards.

(1) Use Requirements.

(2) Public Safety. The chief of police may evaluate the operation of a live entertainment venue upon application for business license and/or during operation of the venue, or upon complaint to determine whether a public safety plan is required. A police officer or officers may, at the discretion of the chief of police, be required to police a dance or other live entertainment event to provide security and/or traffic control. When required, the expense of additional security shall be borne by the applicant, and a public safety plan shall be approved by the chief of police.

(3) Hours Live Entertainment May Be Conducted. Live entertainment may be conducted or operated indoors between the hours of 8:00 a.m. and 2:00 a.m. on any day or night of the week and outdoors between the hours of 10:00 a.m. and 11:00 p.m., except that when a live entertainment venue abuts or is located on the same parcel as a residential occupancy, outdoor entertainment shall end at 10:00 p.m.

(4) Conditions of Premises.

(5) Indecent Entertainment/Adult Entertainment. No indecent dance or live entertainment event (as defined in Chapter 5.32 SMC) shall be given or carried on in any place within the city. All dance and entertainment uses shall be operated in compliance with Chapter 5.32 SMC, Sexually Oriented Businesses.

(6) Penalties for Violations. Violation of this section shall constitute a Class B infraction as defined in SMC Title 13 and subject the violator to enforcement as set forth therein. (Ord. 1538 § 9 (Exh. I), 2024; Ord. 1267 § 12, 2010).

(1) Bed and breakfast businesses shall be conducted in such a manner as to give no outward appearance or manifest any characteristics of a business, except as provided below, that would infringe upon the rights of the neighboring properties to live in a quiet residents-only neighborhood.

(2) Numbers of guest rooms shall be limited to the maximums set in the Tables of Dimensional and Density Requirements, Chapters 17.30 through 17.78 SMC.

(3) Adequate parking per SMC 17.105.140 shall be provided on-site and screened from the view of all neighboring properties.

(4) Safe pick-up and drop-off and loading/unloading areas shall be provided on-site.

(5) Commercial accessory uses shall not be permitted.

(6) Serving of meals shall be limited to overnight guests. No kitchen facilities shall be permitted in guest rooms, except microwave ovens, small refrigerators, and coffee pots.

(7) Adequate utilities, including sewer, water, and electricity, shall be confirmed by the purveyor.

(8) Adequate public roads shall be available or improved by the applicant as determined by the public works director.

(9) Impact to the existing neighborhood shall be minimized to the extent possible by the provision of greater setbacks and landscaping to screen on-site activities. At a minimum, all lot lines abutting residentially developed lots shall be planted with a five-foot wide landscaping strip providing a dense visual barrier of trees and shrubs.

(10) Signage shall be limited to one monument sign meeting the standards of SMC 17.110.080. (Ord. 1110 § 3, 2002).

(1) Adequate parking per SMC 17.105.140 or as required by the hearing examiner shall be provided on-site.

(2) Safe pick-up and drop-off and loading/unloading areas shall be provided on-site.

(3) Commercial accessory uses shall not be permitted.

(4) Adequate utilities, including sewer, water, and electricity, shall be confirmed by the purveyor.

(5) Adequate public roads shall be available or improved by the applicant as determined by the public works director.

(6) Increasing or decreasing any other provision of the zoning code, or imposing any other conditions, as deemed necessary by the hearing examiner to protect the health, safety, and welfare of the surrounding residential neighborhood. (Ord. 1123 § 5, 2002; Ord. 1110 § 3, 2002).

(1) Purpose. Supplemental standards are provided for detached commercial accessory storage uses to ensure that these uses are developed and maintained in a manner consistent with the other allowed uses and structures with the applicable zone designation.

(2) Standards.

(1) Purpose. The city of Stanwood recognizes that there are certain instances when a temporary use is needed, or which require a temporary structure for a limited period of time. The purpose of this section is to establish provisions authorizing temporary uses and/or structures, for limited periods of time, for the uses set forth herein, and by temporary use permit under the conditions set forth herein, when such uses are consistent with the purposes of this section.

(2) Permitted Temporary Uses and Structures. The following types of temporary uses may be authorized by temporary use permit subject to specific limitations in this section and such additional conditions as may be established by the community development director or his/her designee:

(3) The following activities are exempt from requirements to obtain temporary use permit approval:

(4) Duration of Temporary Uses/Structures.

(5) Conditions of Temporary Uses/Structures.

(6) Public Safety. In the event the police chief determines that a police officer should be in attendance at any temporary use, the cost to cover the salary of the extra officer shall be paid by the sponsor/promoter.

(7) Criteria. The community development director or his/her designee may authorize the temporary uses described in subsection (2) of this section after consultation and coordination with all other applicable city departments and other agencies and only when a determination that the following criteria can be met:

(8) Application/Authorization – Penalty for Violation.

(1) “Agricultural activity” means an activity associated with the production of crops, animal husbandry, horticulture, aquaculture, and viticulture, including the normal operation, repair, maintenance of related structures, facilities, implements, and machinery, as well as construction of new farms, buildings, and facilities consistent with this code.

(2) “Animal husbandry” means an agricultural activity in which animals and/or livestock are reared, lodged, bred, or are kept in order to sell the products they produce.

(3) “Aquaculture” means the farming of food fish, shellfish, or other aquatic plants or animals of commercial and/or recreational purposes.

(4) “Crops” means all plants grown for human or animal consumption or use.

(5) “Farms” means property being used for ongoing agricultural activity at the date this chapter is adopted, as well as properties newly converted for agricultural activities consistent with this code.

(6) “Floriculture” means the cultivation and management of ornamental and flowering plants.

(7) “Horticulture” means the cultivation of vegetables, fruit, grains, field crops, floriculture, Christmas trees, and nursery products. The term includes, but is not limited to:

(8) “Livestock” means all animals traditionally or commonly raised on farms, whether now or in the future, and includes such animals as emus, ostriches, buffaloes, llamas, and the like, which are not traditional farm animals, but are raised on farms throughout the nation. “Livestock” does not include dogs, cats, or exotic animals as defined by city ordinance or state statute.

(9) “Viticulture” means cultivation of grapes. (Ord. 1032 § 3, 2002).

(1) Agricultural activities;

(2) Animal husbandry;

(3) Aquaculture;

(4) Christmas tree farming;

(5) Floriculture;

(6) Horticulture;

(7) Production of seed, hay, and silage;

(8) One single-family detached dwelling unit per parcel, together with one accessory unit or other structures accessory to a dwelling unit; and

(9) Viticulture. (Ord. 1032 § 3, 2002).

(1) The minimum parcel size shall be 2.5 acres. Smaller tracts shall be permitted if such tracts were in existence and in agricultural use on the date the ordinance codified in this section is enacted.

(2) The use of the property involves one or more agricultural activity(ies), as defined in SMC 17.102.030.

(3) The applicant pays a registration fee as provided in SMC 3.30.060.

(4) The property owner provides the legal description, street address, and description of the type of agricultural activities associated with the property.

(5) The property owner/farm operator implements agricultural best management practices and submits a notarized statement of intent to implement the practices with a list of the practices.

(6) The property owner provides a site plan that shall include at a minimum:

(1) All existing agricultural activities as defined in SMC 17.102.030, when conducted with agricultural best management practices and this code, are declared to be a permitted activity if granted right-to-farm protection under this code, notwithstanding any other section of this code.

(2) Normal farm machinery and animal noise and odors emanating from a registered farm shall be exempt from Chapter 7.30 SMC, Noise Control.

(3) New development occurring next to registered farms shall provide adequate fencing along adjacent property lines as follows:

(4) Long subdivisions shall provide fencing with a 10-foot wide screen of evergreen trees planted no more than 15 feet on center, and shrubs planted no more than 10 feet on center.

(5) New farms locating adjacent to existing residentially developed properties shall provide the appropriate fence as defined in subsection (3) of this section with the 10-foot buffer as defined in subsection (4) of this section. (Ord. 1523 § 2, 2023; Ord. 1032 § 3, 2002).

(1) Upon receipt of a complete application, the city shall send written notice to adjacent property owners within 300 feet of any portion of the subject property. Notice is deemed properly sent once placed in the U.S. mail, first class, postage prepaid.

(2) Upon receipt of a complete application, the city shall cause a notice of application to be published in an official city newspaper as designated in SMC 1.08.010.

(3) Upon receipt of a complete application, at least one copy of a notice of application shall be posted on the site for each boundary abutting a right-of-way. The notice(s) shall remain posted for a minimum of 14 days prior to issuance of a decision. (Ord. 1032 § 3, 2002).

(1) The following shall constitute the disclosure required by this section when right-to-farm registration is applied for:

Your real property is adjacent to or within 300 feet of property registered as a farm with ongoing agricultural activities. Therefore, you or tenants on your property may be subject to inconveniences or discomforts arising from agricultural activities, including but not limited to NOISE, ODORS, FUMES, DUST, SMOKE, THE OPERATION OF MACHINERY, THE STORAGE AND DISPOSAL OF MANURE, THE LEGAL APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL OR ORGANIC FERTILIZERS, SOIL AMENDMENTS, HERBICIDES AND PESTICIDES, HOURS OF OPERATION, AND OTHER AGRICULTURAL ACTIVITIES.

Agricultural activities conducted on a farm registered under Chapter 17.102 of the Stanwood Municipal Code, and in compliance with agricultural best management practices and with federal, state, and local laws, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activities have a substantial adverse effect on the public health, safety, and welfare or are clearly not related to the small farm activities as determined by the Stanwood Community Development Director.

This disclosure applies to any real property that is subject to a development or building permit as of the date of the permit issuance, or in the case of real property transfers, the disclosure applies to the subject property as of the date of the transfer. This disclosure may not be applicable thereafter if a farm ceases agricultural activities or operations.

(2) Prior to the closing of a transfer of real property within 300 feet of a registered farm, by deed, exchange, gift real estate contract, lease with option to purchase, or any other means of transfer or conveyance (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text as shown in subsection (1) of this section and shall record the same with the county auditor.

(3) Building permits, site development permits, land use permits and approvals, and subdivisions applying to properties within 300 feet of a registered farm shall include the disclosure text shown in subsection (1) of this section as a condition of permit or subdivision approval. Subdivision approvals shall require that the disclosure text be recorded on each affected new parcel with the county auditor. (Ord. 1032 § 3, 2002).

(1) All appeals of right-to-farm decisions shall be made to the hearing examiner. Such appeals must be made in writing and filed with the city clerk’s office per Chapter 18.240 SMC within 14 calendar days from the date of the decision. The decision of the hearing examiner shall constitute a final decision.

(2) The written appeal shall explain in detail the reason(s) for the appeal.

(3) Standing to appeal is limited to the following:

(1) Off-street parking areas are required for all new uses of land so that all activities will have adequate parking for the occupants, employees, visitors, customers, and/or patrons and they will not have to rely on the public rights-of-way for this function.

(2) Off-street loading areas are required for all uses (except residential) to provide adequate space off of the city’s rights-of-way for the temporary parking of motor vehicles (primarily trucks) while loading or unloading goods and merchandise. (Ord. 929 Ch. 10(C)(1), 1995).

(1) No building or structure in any zoning district shall be erected or enlarged, nor shall any building, structure or land be used, designed or arranged for any purpose without provisions for such off-street parking and/or loading facilities as required by this code, nor shall any off-street parking or loading area, whether required by this code or voluntarily provided, be developed other than in the manner set forth herein.

(2) For the purpose of these standards, 146 square feet of land shall be deemed a parking space for one vehicle, including access aisle, except that 153 square feet of paved area or garage space shall be deemed a parking space for one vehicle. The minimum dimensions for each parking space shall be eight and one-half feet wide by 18 feet long. The maximum permitted dimensions for each parking space (except for designated handicapped spaces) shall be 10 feet wide by 20 feet long. On corner or through lots, (a) parking space may not be included within the area of any of required yards lying adjacent to either street, and (b) in no case shall any required off-street parking space be allowed to back out directly onto any major or minor collector road, as designated in the city’s Comprehensive Plan.

(3) The access aisles within any off-street parking area shall be a minimum of 11 feet wide for one-way traffic and a maximum of 24 feet wide for two-way traffic. The primary internal circulation system of an off-street parking lot, where no parking spaces are provided directly off this internal roadway, shall have a maximum width of 30 feet.

(4) All parking spaces and access driveways shall be paved or otherwise surfaced with an all-weather surface, and shall be graded and drained so as to dispose of surface water that might accumulate within or upon such area. No surface water from any parking area shall be permitted to drain onto adjoining property.

(5) Required loading spaces shall not be construed as supplying off-street parking space. In case of a use not specifically mentioned, the requirements for off-street parking facilities for a use that is similar shall apply. This determination shall be made by the planning director. (Ord. 929 Ch. 10(C)(2), 1995).

(1) Off-street parking space required under these standards may be reduced at the time the capacity or use of a building is changed in such a manner that the new use or capacity would require fewer spaces. Such reduction shall not be less than the requirements set forth in these standards except as authorized below.

(2) The planning director may approve an administrative variance from the parking requirements of SMC 17.105.090 or 17.105.140 if a parking study prepared by a licensed transportation engineer documents that sufficient parking for the use is available per the ITE Manual or actual traffic counts on the site or a similar site. (Ord. 1335 § 3, 2013; Ord. 1110 § 3, 2002; Ord. 929 Ch. 10(C)(5), 1995).

(1) The owner of such parking area enters into an agreement with the city of Stanwood providing that the land comprising the said parking area shall not be disposed of, nor the use changed, except in conjunction with the sale of the building that the parking area serves, as long as the facility is required.

(2) The owner agrees to bear the expense of recording the agreement and agrees that said agreement shall bind his heirs, successors, and assigns. (Ord. 929 Ch. 10(C)(6), 1995).

(1) Except as otherwise provided in these standards, off-street parking spaces required herein may be occupied by the occupants, employees, or patrons of the property or by visitors or delivery vehicles incidental to the principal use, but not by vehicles being repaired, stored or displayed for sale or hire.

(2) Any off-street parking space or driveway shall be at least 20 feet in length. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 10(C)(7), 1995).

(1) Places of Public Assembly. Parking spaces already provided to meet off-street parking requirements of retail trade establishments, office buildings, schools, and industrial establishments, and lying within 500 feet of any place of public assembly, and that are not normally in use between the hours of 6:00 p.m. and 12:00 midnight and are made available for other parking, may be used to meet not more than 50 percent of the total requirements of parking spaces.

(2) Mixed-Use Developments. In the case of mixed-uses (such as shopping centers), the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specified in subsection (1) of this section. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 10(C)(10), 1995).

(1) Number of Spaces. To promote a more compact, pedestrian-friendly downtown center in Stanwood, retail trade, personal and business service establishments and offices, night clubs, and health club uses (as contained in the Table of Off-Street Parking Requirements contained in SMC 17.105.140) are exempt from the requirements for off-street parking, provided the property is in the historic east and west end areas as shown below and the use is a permitted use.

(2) Location and Orientation of Parking.

(3) When an existing building is being reused and the existing lot is not large enough to provide needed on-site parking, the planning director may consider allowing parking to be accommodated in an existing city parking lot within 500 feet of the development, subject to availability of parking stalls, as determined by the community development director, or exempt the applicant from the requirement to provide additional parking due to a use change.

(4) The planning director may exempt existing buildings listed on the local, state or federal Register of Historic Places from required parking for a one-time floor area expansion provided (a) the floor area expansion is limited to an area equal to 25 percent of the area of the existing building and (b) existing conforming parking on site shall not be displaced except as otherwise may be allowed.

(5) To efficiently utilize parking resources, joint use parking for adjacent land uses may be allowed when sufficiently analyzed and deemed appropriate by the planning director. The planning director may authorize two or more uses to share parking if the total number of parking spaces provided is equal to the lowest number of required spaces for each use. To insure that a parking area is shared, each property owner must sign a statement in a form acceptable to the city attorney, stating that his/her property is used for parking by the other property. The applicant must file this statement with the Snohomish County assessor’s office to run with the properties. Shared parking may include use of off-site parking in a city lot or parking structure.

(6) The planning director may administratively reduce parking up to an additional 50 percent for projects that, either through adoption of a program or actual parking characteristics of the use, will result in less auto dependence. Such programs or special uses may include implementation of enhanced bike storage facilities, installation of transit shelters, and senior and affordable housing. The burden of proof of how a program or use characteristics will decrease parking demand shall be on the developer. (Ord. 1538 § 8 (Exh. H), 2024; Ord. 1335 § 4, 2013; Ord. 1332 § 10, 2012; Ord. 1249 § 7, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 10(C)(11), 1995).

(1) Screening and Landscaping. Screening and landscaping shall be provided in accordance with the landscape performance standards of this code.

(2) Minimum Distances and Setbacks. No part of any off-street parking area containing five or more vehicle spaces shall be closer than 10 feet to any dwelling, school, hospital, or other institution for human care.

(3) Bumper Guard and/or Bollard Requirements. There shall be provided a bumper guard and/or bollard of either wood, metal or concrete not more than two feet in height and securely anchored into the ground wherever there is required a protective fence or wall. Any such bumper guard and/or bollard shall be located at a sufficient distance so that automobiles will not strike the protective fence or wall. As an alternative, a concrete beam serving the same purpose may be provided.

(4) Off-Street Parking Area Surfacing Requirements. Any off-street parking area shall be surfaced with an asphaltic, bituminous, cement, or other properly bound pavement, or a combination of stone or brick pavers, so as to provide a durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulation from the off-street parking area.

(5) Lighting. All lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises used for residential purposes.

(6) Entrance, Exit, and Maneuvering Space. Vehicular drives providing entrance and exit to the street system from the off-street parking area shall have a minimum pavement width of 22 feet. This requirement shall not apply to single-family detached residences. The right-turn radius on the side of the driveway exposed to entry or exit by right-turning vehicles shall be a minimum of 17 feet. Maneuvering areas shall be sufficient to permit vehicles to enter and leave the parking lot in a forward motion (except for single-family detached dwelling units).

(7) Other Design Requirements.

(1) For all residential, commercial and industrial zones, adequate ingress and egress for each parking space shall be provided without moving another vehicle and without backing a distance greater than 50 feet.

(2) In commercial and industrial zones all parking spaces shall be arranged so that ingress and egress is possible without backing over a sidewalk or sidewalk area unless specifically approved as to safety by the planning director. Turning and maneuvering space shall be located entirely on private property except that the usable portion of an alleyway may be credited as parking aisle space subject to approval as to safety by the planning director.

If a use is not readily classified, then the planning director shall determine the standards which shall be applied. (Ord. 1335 § 5, 2013; Ord. 1268 § 3, 2010; Ord. 1110 § 3, 2002; Ord. 978, 1997; Ord. 972, 1996; Ord. 929 Ch. 10(C)(14), 1995).

(1) On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehousing, goods display, retail trade establishment, hotel, hospital, wholesale operation, or other use similarly involving the receipt and distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services to avoid interference with the public use of the streets of the city.

(2) Each such loading and unloading space shall be an area at least 12 by 50 feet with a 15- foot height clearance, and shall be provided for each 20,000 square feet of gross floor area, except that:

(3) Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and efficiently to and from the roadway serving the property, and the loading/unloading operations can be done without obstructing roadway traffic or any off-street parking area.

(4) No area designated for loading/unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for off-street loading/unloading facilities. (Ord. 929 Ch. 10(C)(15), 1995).

(1) Balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;

(2) Further the objectives of the comprehensive plan;

(3) Protect the public health, safety, and welfare;

(4) Reduce traffic hazards;

(5) Facilitate the creation of an attractive and harmonious community;

(6) Protect property values;

(7) Promote economic development; and

(8) Preserve the right of free speech exercised through the use of signs containing noncommercial messages. (Ord. 1440 § 5, 2017; Ord. 1262 § 1, 2010).

(1) Sign Permit. It shall be unlawful for any person to erect, relocate, or structurally alter any sign or other advertising structure considered a sign, as defined in this code, without first obtaining a sign permit from the community development director. No permit is required for repair, repainting, or maintenance.

(2) Sign Modification Permit. A permit for modification to an existing sign shall be allowed only to:

(3) Electrical Permit. All illuminated signs and any other sign in which electrical wiring and connections are to be used shall require an electrical permit submitted to the building official or designee along with the sign and building permit applications.

(4) Building Permit. All signs that include a sign structure as required by the building official shall require a building permit. (Ord. 1440 § 5, 2017; Ord. 1291 § 1, 2011; Ord. 1262 § 1, 2010).

(1) Name, address, and telephone number of the applicant;

(2) Address of property and location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or constructed;

(3) Position of the sign or other advertising structure in relation to nearby buildings or structures;

(4) Four copies of plans no larger than 11 inches by 17 inches showing color, design, lettering and size of the sign face and treatment of sign edges, casing or cabinets;

(5) Specifications and method of construction and attachment to the building or in the ground; and

(6) When a sign structure is required, the following additional information is required:

(1) Maintenance. No temporary or permanent sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration, including peeling, rust, dirt, fading, discoloration, or holes.

(2) Outdated Signs. No sign or other advertising structure shall advertise a business or product which is no longer in existence. Such signage shall be removed from the premises within 30 days after close of the business or removal of the product.

(3) Restriction of Ingress and Egress from Buildings. No sign or other advertising structure shall be constructed, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

(4) Traffic Hazards. No sign or other advertising structure shall:

(5) Unsafe Signs. No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair, or maintenance.

(6) Glare into Surrounding Area. No sign or other advertising structure shall be illuminated with lights which glare into or upon the surrounding area or any residential premises or distract operators of vehicles or pedestrians on the public right-of-way.

(7) Obscene Signs. No sign or other advertising structure shall display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.

(8) Wind Pressure and Dead Load Requirements. Signs and other advertising structures shall be designed and constructed to withstand a wind speed of 100 miles per hour and to receive dead loads as required in the latest edition of the International Building Code (IBC) or other documents or other codes of the city of Stanwood. (Ord. 1440 § 5, 2017; Ord. 1262 § 1, 2010).

(1) Temporary signs on private property or public property meeting the requirements in SMC 17.110.150 (Temporary signs).

(2) Signs attached to the inside of a window which do not exceed 50 percent of the total window area of the business.

(3) Signs that are an integral part of the historic character of a landmark building or historic district.

(4) Public signs regulating vehicular or pedestrian traffic or designating or giving direction to streets, schools, hospitals, historic sites, or public facilities.

(5) Flags of any government or governmental agency or any patriotic, religious, charitable, civic, educational, or fraternal organization not exceeding 40 square feet in area.

(6) Hand-held signs not set on or affixed to the ground and not exceeding 10 square feet in area.

(7) Memorial or commemorative plaques or tablets denoting a building name and/or date of construction or a location of historic significance and not exceeding four square feet in area.

(8) Signs located on baseball field fencing within city parks. Signs shall be no greater than four feet by eight feet, only up during baseball season, and remain in good condition. The city shall have the right to remove signage that they deem to be in poor condition. (Ord. 1440 § 5, 2017; Ord. 1398 § 24, 2015; Ord. 1311 § 3, 2012; Ord. 1262 § 1, 2010).

(1) Vehicular Signs and Mobile Trailer Signs. No sign or other advertising structure shall be painted on or attached to a motor vehicle used primarily for the display of such sign; provided, that this section shall not prohibit the identification of a business or its products or services on its vehicle(s) operated and parked in a manner appropriate to the normal course of business.

(2) Moving and Flashing Signs.

(3) Flags, Banners, Pennants, and Balloons. Flags, banners, pennants, balloons, and other related advertising shall be prohibited, except under the following conditions:

(4) Roof Signs. No signage of any type shall be allowed on the roof of any structure except when authorized by variance pursuant to SMC 17.110.120.

(5) Billboards and Off-Premises Signs. Billboards and off-premises signs are prohibited. This prohibition includes all surfaces whereon advertising matter is set in view conspicuously and which advertising does not apply to the premises or any use of the premises wherein it is displayed or posted. Existing billboards and off-premises signs must comply with the requirements of SMC 17.110.140. This ban does not apply to authorized noncommercial off-premises signs, such as signs that are for public service or community use, direction, or identification of locations within the city.

(6) Permanent Signs on Vacant Lots, Parcels or Easements. No permanent sign shall be located on a lot, parcel or easement as the principal use of that lot, parcel or easement. Signs may only be established as an accessory use to a principally permitted use. (Ord. 1440 § 5, 2017; Ord. 1262 § 1, 2010).

(1) Freestanding and Monument Signs.

(2) Readerboard and Electronic Signs.

(3) Wall Signs.

(4) Projecting Signs and Blade Signs.

(b) Location/Height/Clearance.

(i) Projecting signs shall be placed at least eight feet above the sidewalk or walkway over which they are extended, and no more than two feet from the face of the wall to which attached, measuring from the point of the sign nearest the wall, unless modified as provided in subsection (4)(b)(iv) of this section.

(ii) Blade signs shall be hung a minimum of eight feet above the sidewalk or walkway with no more than one foot from the soffit or other architectural feature from which they are hung unless modified as provided in subsection (4)(b)(iv) of this section.

(iii) Blade and projecting sign shall be at least one foot away from the curbline and at least 15 feet above any driveway, alley, or thoroughfare over which it is erected.

(iv) Upon written request, the height clearance requirement for projecting and blade signs over sidewalks or walkways may be reduced by the community development director or designee to 84 inches if all the following findings are made:

(A) The projecting or blade sign is mounted on a building existing in the historic east and west end areas prior to September 1, 2010, and the building has a roof line, projecting soffit or eave that is too low to allow clearance of eight feet.

(B) The reduced clearance is the minimum necessary to allow identification of the business entry.

(C) The condition of the building, walkway and landscaping allow reasonable unobstructed clearance that meets minimum Municipal Uniform Traffic Control Device Standards.

(5) “A” Board Signs and Portable Signs.

(6) Feather Banner Signs.

(1) Horizontal over the right-of-way banners are permitted for noncommercial messages for the following events:

(2) Application shall be made for city installation and removal of banners over or within the public right-of-way on a form provided by the city and according to administrative procedures published by the city. Application shall be made a minimum of 14 days prior to the event.

(3) Banners that are displayed on or over the public right-of-way require a sign permit and a temporary encroachment permit. Review of sign and encroachment permits may be combined and issued with one permit and fee.

(4) Sign Standards for Banners.

(5) The applicant shall maintain general liability insurance for property damage and bodily injury or death throughout the term the banner is in place over the roadway in an amount and terms determined by administrative procedures published by the city. (Ord. 1440 § 5, 2017; Ord. 1311 § 4, 2012).

(1) Marquees.

(2) Awnings and Canopies.

(3) Street Clocks.

(1) The community development director may grant a variance to allow the following:

(2) Off-Site Signage. A variance may also be allowed for off-site signage when the business has no other visible alternative for the placement of signage, as determined by the community development director.

(3) Roof Signage. The community development director may grant a variance to allow roof signs when the business has no other alternative for the placement of signage. Such approval shall be granted based on the finding that no alternatives are available to the applicant other than roof signage. If roof signage is permitted, it shall conform to all requirements for signs under this chapter. (Ord. 1440 § 5, 2017; Ord. 1262 § 1, 2010).

(1) Nonconforming On-Site Signage.

(2) Nonconforming Billboards and Off-Premises Signs. Any billboard or off-premises sign legally in existence shall be removed, so as to conform with the provisions of this chapter, within six years of said date. (Ord. 1440 § 5, 2017; Ord. 1291 § 2, 2011; Ord. 1262 § 1, 2010).

(1) No Permit Required. No sign permit is required for temporary signs.

(2) Removal. Temporary signs shall be removed if the sign is in need of repair, is worn, dilapidated or creates a public nuisance.

(3) City Property (Excluding City Right-of-Way). Temporary signs on city-owned property (excluding city right-of-way) are allowed only in conjunction with an approved special event permit.

(4) City Right-of-Way outside of the Roadway. Temporary signs on city right-of-way placed outside of the roadway must comply with the following requirements:

(5) Residential Zones. Temporary signs may be placed on property residentially zoned in accordance with the requirements of this section and the following:

(6) Nonresidential Zones. Temporary signs are allowed on nonresidentially zoned property in accordance with the requirements of this section and the following:

(7) Temporary Signs on Large Properties, Residential or Nonresidentially Zoned Properties. The following temporary signs may be placed on any site at least two acres in size, in accordance with the requirements of this section and the following:

(8) Duration of Temporary Signs. Temporary signs shall be allowed one time only for a period not to exceed six months in any consecutive 12-month period. (Ord. 1440 § 5, 2017).

(1) Architectural style is not to be restricted; however, styles representative of the building styles that have been used throughout the history of Stanwood are strongly encouraged. The evaluation of the exterior appearance and design of any new development or renovation to an existing building shall be based on its relationship to the surrounding environment.

(2) Building Corners. All new multifamily and attached residential buildings or permitted nonresidential buildings located on properties at the intersection of two public streets shall employ one or more of the design elements or treatments to the building corner facing the intersection.

(3) Building materials used on facades shall be durable and in design harmony with any adjoining or adjacent structures.

(4) All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters, and downspouts, but excluding wood stove vents or pipes, are to be recognized as architectural features and are to be treated to match the color of the adjacent material or a complementary color approved by the planning director.

(5) On all multifamily development and attached dwellings, mechanical equipment or other utility hardware to be placed on the roof, ground, or building facades shall be located so as not to be visible from any public ways or adjacent residential areas. Where such limitation is not possible to accomplish because of topography or other unique natural features, the facilities shall be screened from public view with material that is harmonious with the building.

(6) Solid waste disposal and storage areas (in multifamily residential developments and attached dwellings), construction equipment, and building material supply and storage yards, and exterior work areas shall be screened from view from public streets with materials that are harmonious with adjacent buildings. This requirement shall also apply to all existing multifamily developments within three years of the adoption of these provisions.

(7) Fences and freestanding walls seven feet or less in height may be allowed in any required side yard or rear yard, or four feet or less in a required front yard. No fencing will be allowed to obstruct the sight distance for traffic on any roadway and shall be consistent with City of Stanwood Street and Utility Standards section for sight obstruction.

(8) Single-Family Homes in New Subdivisions.

(1) Architectural style is not to be restricted; however, styles representative of the building styles that have been used throughout the history of Stanwood are strongly encouraged. Additionally, architectural styles representative of commercial buildings that existed in western Washington communities from 1890 through the 1920s are also encouraged. The evaluation of the exterior appearance and design of any new development or renovation to an existing building shall be based on its relationship to the surrounding environment (including, but not limited to, roof pitch, window and entry treatment, cornices, lighting fixtures and other detailing). Restoration of existing deteriorated structures built prior to 1950 is encouraged.

(2) New buildings shall be built as close to the street as possible, leaving only enough room for sidewalks, street furniture, approved parking (per SMC 17.105.110(2)(c) in DMU zone only), architecturally integrated design features (as approved by the planning director), and landscaping (except for buildings on corner lots, as set forth in subsection (3) of this section).

(e) Buildings with facades longer than 50 feet must be divided into “modules” that are expressed three dimensionally throughout the building facade. Modules should vary in width.

(3) Building Corners. All new buildings located on properties at the intersection of two public streets shall employ one or more of the following design elements or treatments to the building corner facing the intersection:

(c) Corner Architectural Element. New buildings may satisfy the building corner requirements by including one or more of the following elements that are symmetrical about an axis running diagonally from the corner of the building and bisecting the angle formed by the two building exterior walls.

(i) Bay window or turret;

(ii) Roof deck or balconies on upper stories;

(iii) Building core setback notch or curved exterior surfaces; or

(iv) Sculpture or artwork (either bas-relief or figurative or distinctive use of materials).

(4) Building materials used on exterior walls and roofing shall be durable and in design harmony with any adjoining or adjacent structures.

(5) All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters and downspouts, but excluding wood stove vents or pipes, are to be recognized as architectural features and are to be treated to match the color of the adjacent material or a complementary color approved by the planning director.

(6) Mechanical or HVAC equipment or other utility hardware shall be located in the rear of the building and shall not be installed at ground level along any portion of a building facing a public or internal street and shall be located so as not to be visible from any public ways or adjacent residential areas. Where such limitation is not possible to accomplish because of topography or other unique natural feature, the facilities shall be screened from public view with material that is harmonious with the building. Chain link fencing with slats is not an acceptable screen.

(7) Solid waste disposal and storage areas, construction equipment and exterior work areas shall be screened from view from public streets with materials that are harmonious with adjacent buildings and shall not be located within 20 feet of any public or private street, public sidewalk, or internal pedestrian way. Chain link fencing with slats is not an acceptable screen. This requirement shall also apply to all existing such uses within three years of the adoption of these standards.

(8) Building Details. All new buildings shall include at least three of the following elements on the exterior walls. All major remodeling or renovation projects shall incorporate at least two of the following on the exterior walls that face a public street:

(9) Additional Design Criteria.

(1) Architectural style is not to be restricted; however, styles representative of the building styles that have been used throughout the history of Stanwood are strongly encouraged. In particular, architectural styles representative of commercial buildings that existed in western Washington from 1890 through the 1920s are encouraged. The evaluation of the exterior appearance and design of any new development or renovation to an existing building shall be based on its relationship to the surrounding environment.

(2) Building materials used on exterior walls and roofing shall be durable and in design harmony with any adjoining or adjacent structures.

(3) All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters and downspouts, but excluding wood stove vents or pipes, are to be recognized as architectural features and are to be treated to match the color of the adjacent material or a complementary color approved by the planning director.

(4) Mechanical equipment or other utility hardware to be placed on the roof, ground or exterior walls shall be located so as not to be visible from any public streets or adjacent residential areas. Where such limitation is not possible to accomplish because of topography or other unique natural features, the facilities shall be screened from public view with material that is harmonious with the building.

(5) Solid waste disposal and storage areas, construction equipment, building material supply and storage yards and exterior work areas shall be screened from view from public streets with materials that are harmonious with adjacent buildings. This requirement shall also apply to all existing such uses within three years of the adoption of the standards. (Ord. 1110 § 3, 2002; Ord. 950, 1996).

(1) Architectural style is not to be restricted; however, styles representative of the building styles that have been used throughout the history of Stanwood are strongly encouraged. Additionally, architectural styles representative of commercial buildings that existed in western Washington communities from 1890 through the 1920’s are also encouraged. The evaluation of the exterior appearance and design of any new development or renovation to an existing building shall be based on its relationship to the surrounding environment.

(2) New buildings shall be built using architecturally integrated design features (as approved by the planning director), and landscaping (except for buildings on corner lots, as set forth in subsection (3) of this section). To reduce the imposing nature of any new large building, the exterior walls shall be varied and articulated to provide visual interest.

(3) Building Corners. All new buildings located on properties at the intersection of two public streets shall employ one or more of the following design elements or treatments to the building corner facing the intersection:

(4) Building materials used on exterior walls and roofing shall be durable and in design harmony with any adjoining or adjacent structures.

(5) All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters and downspouts, but excluding wood stove vents or pipes, are to be recognized as architectural features and are to be treated to match the color of the adjacent material or a complementary color approved by the planning director.

(6) Mechanical equipment or other utility hardware to be placed on the roof, ground or exterior walls shall be located so as not to be visible from any public ways or adjacent residential areas. Where such limitation is not possible to accomplish because of topography or other unique natural feature, the facilities shall be screened from public view with material that is harmonious with the building.

(7) Solid waste disposal and storage areas, construction equipment and exterior work areas shall be screened from view from public streets with materials that are harmonious with adjacent buildings. This requirement shall also apply to all existing such uses within three years of the adoption of these standards.

(8) Building Details. All new buildings shall include at least three of the following elements on the exterior walls that face a public street. All major remodeling or renovation projects shall incorporate at least two of the following on the exterior walls that face a public street:

(9) Additional Design Criteria.

(10) For projects located in the DMU district with the PI overlay, if there are conflicts between the design standards of the two zones, the most restrictive shall apply. (Ord. 1538 § 9 (Exh. I), 2024; Ord. 1110 § 3, 2002; Ord. 1036, 1998).

(1) Architectural style is not to be restricted; however, styles representative of the buildings that have appeared throughout the history of Stanwood are strongly encouraged. Additionally, architectural styles representative of commercial buildings that existed in western Washington communities from 1890 through the 1920s are also encouraged. The evaluation of the exterior appearance and design of any new development or renovation to an existing building shall be based on its relationship to the surrounding environment.

(2) Front Setbacks. New buildings shall be built as close to the street as possible, leaving only enough room for sidewalks, street furniture, architecturally integrated design features (as approved by the planning director), and landscaping (except for buildings on corner lots, as set forth in subsection (6) of this section). In the case where access to the building is provided by a private street or access, this subsection shall apply to the frontage abutting the adjoining right-of-way.

(3) Pedestrian Amenities. Sidewalks shall be provided along all rights-of-way at a minimum width of 10 feet, except that where small modifications are necessary for trees, pedestrian or bicycle amenities, or utilities, as approved by the planning director. Pedestrian connections from parking lots shall be made according to SMC 17.105.120(7). In addition, at least one plaza, park, or seating area with benches, tables and chairs, fountain, or public art as described in subsection (11)(g) of this section shall be provided.

(4) Parking. No parking lots shall be permitted between the designated front of the building and the property line, except that “on-street” parking may be provided along rights-of-way. Where a parking garage abuts a right-of-way, the garage shall be architecturally integrated into the building facade or screened with a 10-foot width of varied landscaping as shown in the appendix at the end of these standards.

(5) Building Articulation.

(6) Building Corners. All new buildings located on properties at the intersection of two rights-of-way shall employ one or more of the following design elements or treatments to the building corner facing the intersection:

(7) Blank Walls. No blank walls greater than 15 feet of horizontal distance or 400 square feet total shall be allowed on any facade visible from a right-of-way. Blank walls must be treated with windows, doors, trellises or other design features listed in subsection (11)(c) of this section.

(8) Rooflines shall be varied a minimum of every 60 horizontal feet to provide architectural interest in the building. This may be accomplished through variation in the height of the rooflines, the horizontal projection of the rooflines from the face of the building, the shape or design of the rooflines, or other architectural treatment of the rooflines (e.g., adding cornices in certain areas) or the building materials used in the top band of the building, or any combination thereof.

(9) Relationship to Existing Buildings. If the site proposed to be developed is large, a variety of design techniques shall be used to reduce the potential impact of the mass of exterior walls, including the breaking down of said walls into a number of smaller bays (see illustrations contained within these standards).

(10) Building materials used on exterior walls and roofing shall be durable and in design harmony with any adjoining or adjacent structures. A variation of materials shall be used to assist in breaking up the mass of the buildings. For two-story buildings a minimum of two building materials shall be used; for three-story buildings, a minimum of three materials; and so on.

(11) Building Details. All new buildings shall include at least three of the following elements on the exterior walls that face a right-of-way. All major remodeling or renovation projects shall incorporate at least two of the following on the exterior walls that face a right-of-way:

(12) Colors. Prior to issuance of any building permits, color schemes must be approved by the planning director. A harmonious range of colors shall be used. Permitted colors shall include, but are not limited to: a neutral or earth tone shade such as buff, gray, beige, tan, cream, white or “dulled” color such as barn red, blue gray, forest green or burgundy. Bright colors may be used only for trim and accent.

(13) Projections and Mechanical Details. All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters and downspouts, but excluding wood stove vents or pipes, are to be recognized as architectural features and are to be treated to match the color of the adjacent material or a complementary color approved by the planning director.

(14) Mechanical equipment or other utility hardware to be placed on the roof, ground or exterior walls shall be located so as not to be visible from any rights-of-way or adjacent residential areas. Where such limitation is not possible to accomplish because of topography or other unique natural feature, the facilities shall be screened from public view with a material that is harmonious with the building.

(15) Solid waste disposal and storage areas, construction equipment and exterior work areas shall be screened from view from public streets with materials that are harmonious with adjacent buildings. This requirement shall also apply to all existing such uses within three years of the adoption of these standards.

(16) Additional Design Criteria.

(17) Signs. In addition to the requirements of Chapter 17.110 SMC, Sign Standards, signs shall be architecturally compatible with the style, materials, colors and details of the building. No sign shall be permitted to be erected above the story occupied by the business it advertises. Internally lit cabinet signs are not permitted. (Ord. 1164 § 4, 2004; Ord. 1138 § 5, 2003).

(1) The building site shall be planned to accomplish a desirable transition with the streetscape and provide for adequate planting and safe pedestrian movement between buildings, sidewalks, and parking areas.

(2) Off-street parking areas (except for single-family detached housing) shall be treated with decorative elements, building wall extensions, plantings, berms or other means to minimize the impact of parked vehicles on the view from public streets and adjacent residential areas.

(3) Fencing plans must be part of the site plan process and, to that end, if fencing is proposed to be part of any development, plans must be submitted to the building official for approval.

(4) The design of fences and screening walls shall give specific consideration to relief from the monotony of long, continuous walls or facades by breaking up major lengths with complementary landscaping.

(5) Walkways shall be provided between street sidewalks and building entries and between buildings on a multiple-building site.

(6) The vertical grade of walkways, parking areas, terraces and any other paved areas should provide an inviting and stable appearance for walking and sitting (if seating is to be provided). (Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 950, 1996).

(1) All sites shall be planted with landscaping that meets the standards of Chapter 17.145 SMC.

(2) All landscape plans shall address the functional aspects of landscaping including drainage, erosion control, wind barriers, shade, energy conservation, sound absorption, dust abatement and the reduction of glare.

(3) In locations where plant material will be susceptible to injury from pedestrian, bicycle or motor vehicle traffic, it shall be protected by appropriate curbs, tree guards or other devices.

(4) Where landscaping is used as a screening device, it shall be equally effective in winter and summer.

(5) In areas where plant material will not prosper, other landscaping elements shall be employed. These may include fences or walls, or paving with wood, brick, stone or cobbles. Suitable plant material shall be combined with these elements wherever possible.

(6) In addition, any outside storage must have approved sight-obscuring screening around the storage area, and may include awnings, greenhouses, patio covers, etc.

(7) Refuse.

(1) Without restricting the permissible limits of the applicable zoning district, the height and scale of any new building shall be compatible with its site and any existing adjoining buildings.

(2) Where adjacent buildings are of different architectural styles in the DMU zoning district, any new structure shall be made compatible through such devices as screens, sight breaks and exterior wall treatment.

(3) Development features that may have negative impacts on adjacent properties (i.e., parking lots, off-street loading areas, mechanical equipment, etc.) shall submit plans for buffering these elements from neighboring properties.

(4) In established neighborhoods, the planning director may allow variations in design to conform with existing adjacent buildings and sites if there is no threat to public health, safety, or welfare. Whenever possible, the average standards for the abutting properties shall be the minimum standards for the proposed development. All developed lots or parcels that abut the property proposed for development shall be considered in determining the average standards for development. Where neighborhood design is better served, alternative designs may be considered for the following elements:

(1) All exterior lighting shall balance the need for energy conservation with those of safety, security and decoration.

(2) Where decorative exterior floodlighting is employed, it shall consist of an appropriate composition of brightness relationships and restrained colors to dramatize a setting and extend the hours of such setting’s usefulness. Floodlighting fixtures shall be located and shielded so that their presence is minimized, and no lighting shines directly into the eyes of passing pedestrians, cyclists or motorists.

(3) All exterior lighting shall be part of the architectural and landscape design concept for the development it is intended to serve. Fixtures, standards and all exposed accessories shall be concealed or harmonious with the other building design elements.

(4) Exterior lighting shall not be designed to permit any adverse effect on neighboring properties. (Ord. 950, 1996).

(1) The purpose of this chapter is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values, while also allowing for reasonable use of private property.

(2) This chapter is to implement the goals, policies, guidelines, and requirements of the Stanwood Comprehensive Plan and the Growth Management Act.

(3) The city finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit Stanwood and its residents, and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by critical areas include, but are not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation of flood waters, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, historical, archaeological, and aesthetic value protection, and recreation. These beneficial functions are not listed in order of priority.

(4) By limiting development and alteration of critical areas, this chapter seeks to:

(5) The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management Act and through the application of the 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.

(6) This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property or to prevent the provision of public facilities and services necessary to support existing development and planned for by the community without decreasing current service levels below minimum standards. (Ord. 1164 § 4, 2004).

(1) As provided herein, the director is given the authority to interpret and apply, and the responsibility to enforce, this chapter to accomplish the stated purpose.

(2) The city may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this chapter. (Ord. 1164 § 4, 2004).

(1) Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or any existing regulation, easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical areas shall apply.

(2) Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits, Hydraulic Permit Act (HPA) permits, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter. (Ord. 1164 § 4, 2004).

(1) Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or other provisions of the zoning code or any existing regulation, easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical areas shall apply.

(2) Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter. The city will coordinate conditions with other agencies to the extent feasible within the requirements of these regulations. It is the applicant’s responsibility to obtain all required local, state, and federal authorizations before beginning work. (Ord. 1373 § 19, 2014; Ord. 1164 § 4, 2004).

(1) The city by ordinance or resolution may establish fees for filing of a critical area identification form, critical area review processing, and other services provided by the city as required by this chapter. These fees shall be based on the anticipated sum of direct costs incurred by the city for any individual development or action and may be established as a sliding scale that will recover all of the city costs including the enforcement of these code provisions. The basis for these fees shall include, but not be limited to, the cost of engineering and planning review time, cost of inspection time, costs for administration, and any other special costs attributable to the critical area review process.

(2) Unless otherwise indicated in this chapter, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessment(s), studies, plans, reconnaissance(s), peer review(s) by qualified consultants, and other work prepared in support of or necessary to review the application. (Ord. 1164 § 4, 2004).

(1) The city shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with the best available science and the provisions herein.

(2) Critical areas regulated by the city under this and subsequent chapters include:

(3) All areas within the city meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.

(4) Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations to support the intent of this chapter and ensure protection of the functions and values of critical areas. Adjacent shall mean any activity located:

(1) Best Available Science To Be Consistent with Criteria. The best available science is that 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.

(2) Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat. (Ord. 1164 § 4, 2004).

(1) The provisions of this chapter and Chapters 18.800 through 18.810 SMC shall apply to all lands, all land uses and development activity, and all structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the city. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of this chapter.

(2) The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first ensuring compliance with the requirements of this chapter and Chapters 18.800 through 18.810 SMC, including, but not limited to, the following:

(1) Exemption Request and Review Process. The proponent of the activity may submit a written request for exemption to the planning director that describes the activity and states the exemption listed in this section that applies.

(2) The planning director shall review the exemption request to verify that it complies with this chapter and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the department. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this chapter.

(3) Exempt Activities and Impacts to Critical Areas. Exempt activities do not require submittal of a critical areas report. However, all exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense.

(4) Exempt Activities. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter and Chapters 18.800 through 18.810 SMC; provided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements:

(1) If the application of this chapter or Chapters 18.800 through 18.810 SMC would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section.

(2) Exception Request and Review Process. An application for a public agency and utility exception shall be made to the city planning department and shall include a critical area identification form; critical area report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The planning director shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with the public agency and utility exception review criteria in subsection (4) of this section.

(3) Hearing Examiner Review. The hearing examiner shall review the application and planning director’s recommendation, and conduct a public hearing pursuant to the provisions of SMC 18.230.020. Within the jurisdiction of the Shoreline Management Act the application shall be processed as a shoreline conditional use subject to Ecology concurrence. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the public agency and utility exception criteria in subsection (4) of this section.

(4) Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility exceptions are as follows:

(5) Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. (Ord. 1419 § 12, 2016; Ord. 1373 § 20, 2014; Ord. 1164 § 4, 2004).

(1) If the application of this chapter or Chapters 18.800 through 18.810 SMC would deny all reasonable economic use of the subject property, the city shall determine if compensation is an appropriate action, or the property owner may apply for an exception pursuant to this section.

(2) Exception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include a critical area identification form; critical area report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA documents). The planning director shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with the reasonable use exception criteria in subsection (4) of this section.

(3) Hearing Examiner Review. The hearing examiner shall review the application and conduct a public hearing pursuant to the provisions of SMC 18.230.020. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the reasonable use exception review criteria in subsection (4) of this section.

(4) Reasonable Use Review Criteria. One or more of the following criteria for review and approval of reasonable use exceptions may apply:

(5) Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.

(6) This section shall not be applied within the jurisdiction of the Shoreline Management Act (Chapter 90.58 RCW). (Ord. 1419 § 13, 2016; Ord. 1373 § 21, 2014; Ord. 1164 § 4, 2004).

(1) Allowed Permitted Activities Defined. Allowed activities are similar to exemptions in that they do not require critical area review. However, unlike exemptions, allowed activities must follow the critical areas standards. Conditions may be applied to the underlying

permit, such as the building permit, to ensure critical area protection.

(2) Critical Area Report. Activities allowed under this section and corresponding sections in Chapters 18.800 through 18.810 SMC shall be reviewed and permitted or approved by the city or other agency with jurisdiction, but do not require submittal of a separate critical area identification form or critical area report, unless such submittal was required previously for the underlying permit. The planning director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter and Chapters 18.800 through 18.810 SMC to protect critical areas.

(3) Required Use of Best Management Practices. All allowed 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 observe 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.

(4) Allowed Activities. The following activities are allowed, and do not require submittal of a critical area report:

(1) Allowed Permitted Activities Defined. Allowed activities are similar to exemptions in that they do not require critical area review. However, unlike exemptions, allowed activities must follow the critical areas standards. Conditions may be applied to the underlying permit, such as the building permit, to ensure critical area protection.

(2) Critical Area Report. Activities allowed under this section and corresponding sections in Chapters 18.800 through 18.810 SMC shall be reviewed and permitted or approved by the city or other agency with jurisdiction, but do not require submittal of a separate critical area identification form or critical area report, unless such submittal was required previously for the underlying permit. The planning director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter and Chapters 18.800 through 18.810 SMC to protect critical areas.

(3) Required Use of Best Management Practices. All allowed 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 observe 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.

(4) Allowed Activities. The following activities are allowed, and do not require submittal of a critical area report:

(1) Submittal. Prior to the city’s consideration of any proposed activity not found to be exempt under SMC 17.114.110 or allowed pursuant to SMC 17.114.140, the applicant shall submit to the planning department a complete critical area identification form provided by the city.

(2) Site Inspection. Upon receipt of a project application and a critical area identification form, the director or his/her designee shall conduct a site inspection to review critical area conditions on-site. The director or his/her designee shall notify the property owner of the inspection prior to the site visit. Reasonable access to the site shall be provided by the property owner for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period.

(3) Determination. The director or his/her designee shall gather other information available pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal and if a more detailed critical area report shall be submitted.

(4) Determination Subject to Reconsideration. A determination regarding the apparent absence of one or more critical areas by the director is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received.

(5) If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances. (Ord. 1164 § 4, 2004).

(1) Submittal. Prior to the city’s consideration of any proposed activity not found to be exempt under SMC 17.114.110 or allowed pursuant to SMC 17.114.140, the applicant shall submit to the planning department a complete critical area identification form provided by the city containing at a minimum the information required in SMC 17.114.160(3)(a) through (e). The director may require additional information if needed to make the requested determination.

(2) Site Inspection. Upon receipt of a project application and a critical area identification form, the director or his/her designee shall conduct a site inspection to review critical area conditions on-site. The director or his/her designee shall notify the property owner of the inspection prior to the site visit. Reasonable access to the site shall be provided by the property owner for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period.

(3) Determination. The director or his/her designee shall gather other information available pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal and if a more detailed critical area report shall be submitted.

(4) Determination Subject to Reconsideration. A determination regarding the apparent absence of one or more critical areas by the director is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received.

(5) If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances. (Ord. 1373 §§ 24, 25, 2014; Ord. 1164 § 4, 2004).

(1) Preparation by Qualified Professional. If required by the director in accordance with SMC 17.114.150(3)(b)(iii), the applicant shall submit a critical area report prepared by a qualified professional as defined in this title.

(2) Incorporating Best Available Science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter.

(3) Minimum Report Contents. At a minimum, the report shall contain the following:

(4) Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the director. (Ord. 1164 § 4, 2004).

(1) Preparation by Qualified Professional. If required by the director in accordance with SMC 17.114.150(3)(b)(iii), the applicant shall submit a critical area report prepared by a qualified professional as defined in this title.

(2) Incorporating Best Available Science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter.

(3) Minimum Report Contents.

(4) Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, that meet the substantive requirements of this part, as approved by the director. (Ord. 1373 §§ 26, 27, 2014; Ord. 1164 § 4, 2004).

(1) Limitations to Study Area. The director may limit the required geographic area of the critical area report as appropriate if:

(2) Modifications to Required Contents. The applicant may consult with the planning director or his/her designee prior to or during preparation of the critical area report to obtain city approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.

(3) Additional Information. The planning director may require additional information to be included in the critical area report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required includes, but is not limited to:

(1) Limitations to Study Area. The director may limit the required geographic area of the critical area report as appropriate if:

(2) Modifications to Required Contents. The applicant may consult with the planning director or his/her designee prior to or during preparation of the critical area report to obtain city approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.

(3) Additional Information. The planning director may require additional information to be included in the critical area report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required includes, but is not limited to:

(1) The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.

(2) Mitigation shall be inkind 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 a 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.

(4) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:

(5) The city may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios. Advance mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this section wherein one or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

(6) Timing. Any approved mitigation shall be completed concurrently with project impacts. The community development department may choose to accept a performance bond when seasonal restrictions occur, when availability of the mitigation site is limited, or when on-site construction will impact the critical area.

(7) Mitigation shall be required for all unauthorized impacts. (Ord. 1164 § 4, 2004).

(1) The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas to the maximum extent feasible. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.

(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 a critical area. Off-site or out-of-kind mitigation may be approved only in cases where it provides significant ecological benefit based in a watershed or catchment approach.

(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.

(4) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:

(5) The city may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios. Advance mitigation or approved in-lieu fee mitigation sites, or mitigation banking, are examples of alternative mitigation projects allowed under the provisions of this section wherein one or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

(6) Timing. Any approved mitigation shall be completed concurrently with project impacts. The community development department may choose to accept a performance bond when seasonal restrictions occur, when availability of the mitigation site is limited, or when on-site construction will impact the critical area.

(7) Mitigation shall be required for all unauthorized impacts. (Ord. 1373 § 29, 2014; Ord. 1164 § 4, 2004).

(1) Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

(2) Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met.

(3) Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

(4) Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.

(5) Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

(6) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with SMC 17.114.250. (Ord. 1164 § 4, 2004).

(1) Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

(2) Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met.

(3) Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

(4) Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.

(5) Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

(6) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with SMC 17.114.250. (Ord. 1373 §§ 30, 31, 2014; Ord. 1164 § 4, 2004).

(1) Variances from the standards of this chapter or Chapters 18.800 through 18.810 SMC may be authorized by the city in accordance with the procedures set forth in Chapter 18.330 SMC. The director or hearing examiner shall review the request and make a written finding that the request meets or fails to meet the variance criteria.

(2) Variance Criteria. For deviations from critical areas regulations, a variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:

(3) Conditions May Be Required. In granting any variance, the city may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.

(4) Time Limit. The city shall prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both. Failure to begin or complete such action within the established time limit shall void the variance.

(5) Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application. (Ord. 1164 § 4, 2004).

(1) When a critical area or its buffer has been altered in violation of this chapter or Chapters 18.800 through 18.810 SMC all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner’s or other responsible party’s expense to compensate for violation of the provisions of this chapter.

(2) Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is approved by the city. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection (3) of this section. The planning director shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.

(3) Minimum Performance Standards for Restoration.

(4) Site Investigations. The planning director or his/her designee is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The planning director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.

(5) Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense. Any development carried out contrary to the provisions of this chapter or Chapters 18.800 through 18.810 SMC shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this chapter as provided under SMC Title 13. (Ord. 1164 § 4, 2004).

(1) The boundary at the outer edge of critical area tracts and easements shall be delineated with permanent survey stakes, using iron or concrete markers as established by local survey standards.

(2) The boundary at the outer edge of the critical area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of the site.

(3) These provisions may be modified by the planning director as necessary to ensure protection of sensitive features or wildlife needs. (Ord. 1164 § 4, 2004).

(1) 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 and elections division 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.”

(2) This notice on title shall not be required for a development proposal by a public agency or public or private utility.

(3) The applicant shall submit proof that the notice has been filed for public record before the city approves any site development or construction for the property or, in the case of subdivisions, short subdivisions, planned residential developments, and binding site plans, at or before recording. (Ord. 1164 § 4, 2004).

(1) 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 and elections division 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.”

(2) This notice on title shall not be required for a development proposal by a public agency, unless the property includes a critical areas mitigation site. Mitigation sites and their associated buffers shall be recorded as a notice to title by public agencies.

(3) The applicant shall submit proof that the notice has been filed for public record before the city approves any site development or construction for the property or, in the case of subdivisions, short subdivisions, planned residential developments, and binding site plans, at or before recording. (Ord. 1373 § 32, 2014; Ord. 1164 § 4, 2004).

(1) Unless otherwise required in this chapter, native growth protection areas shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans to delineate and protect those contiguous critical areas and buffers listed below:

(2) Native growth protection areas shall be recorded on all documents of title of record for all affected lots.

(3) Native growth protection areas shall be designated on the face of the plat or recorded drawing in a format approved by the city attorney. The designation shall include the following restrictions:

(4) Larger areas that are accepted by the city for dedication may be placed in a critical area tract. (Ord. 1164 § 4, 2004).

(1) Unless otherwise required in this chapter, native growth protection areas (NGPA) shall be used in development proposals for subdivisions, short subdivisions, planned unit developments, and binding site plans and shall be established by filing of an easement instrument including a legal description and site plan on building permits not involving a plat or similar approval. Said NGPA shall delineate and protect those contiguous critical areas and buffers listed below:

(2) Native growth protection areas shall be recorded on all documents of title of record for all affected lots.

(3) Native growth protection areas shall be designated on the face of the plat or recorded drawing in a format approved by the city attorney. The designation shall include the following restrictions:

(4) Larger areas that are accepted by the city for dedication may be placed in a critical area tract. (Ord. 1373 § 33, 2014; Ord. 1164 § 4, 2004).

(1) When mitigation required pursuant to a development proposal is not completed prior to the city final permit approval, such as final plat approval or final building inspection, the city shall require the applicant to post a performance bond or other security in a form and amount deemed acceptable by the city. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional.

(2) The bond shall be in the amount of 150 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. The bond shall be based on a detailed, itemized cost estimate of the mitigation activity including clearing and grading, plant materials, plant installation, irrigation, weed management, and all other costs.

(3) The bond shall be in the form of a surety bond, performance bond, assignment of savings account, or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the city attorney.

(4) Bonds or other security authorized by this section shall remain in effect until the city determines, in writing, that the permit conditions, code requirements and/or standards bonded for have been met. Once the mitigation installation has been accepted by the community development director or public works director, the bond may be reduced to 20 percent of the original mitigation installation cost estimate and shall become a maintenance surety. Bonds or other security shall be held by the city for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.

(5) Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

(6) Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.

(7) Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law.

(8) Any funds recovered pursuant to this section shall be used to complete the required mitigation.

(9) The provisions of SMC 16.30.030 (Security mechanisms) shall also apply if necessary to ensure adequate protection of the public interest. (Ord. 1398 § 26, 2015; Ord. 1164 § 4, 2004).

(1) Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area:

(2) Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard. On the city’s critical areas maps, these are shown as areas of moderate or steep slopes. Erosion hazard areas are also those areas impacted by shore land and/or stream bank erosion.

(3) Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include, but are not limited to, the following:

(4) Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by:

Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, loose, or soft-saturated soils of low density, typically in association with a shallow groundwater table.

(5) Tsunami Hazard Areas. Tsunami hazard areas are coastal areas and large lake shoreline areas susceptible to flooding and inundation as the result of excessive wave action derived from seismic or other geologic events.

(6) Lahar Hazard Areas. Areas susceptible to mud or debris flows from volcanic eruptions (Glacier Peak).

(7) Other Hazard Areas. Geologically hazardous areas shall also include areas determined by the city to be susceptible to other geological events including mass wasting, debris flows, rock falls, and differential settlement. (Ord. 1164 § 4, 2004).

(1) The approximate location and extent of geologically hazardous areas are shown on the adopted critical area maps (see the Natural Features Element of the Stanwood Comprehensive Plan). The adopted critical area maps include:

(2) These maps are to be used as a guide for city staff, project applicants and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. (Ord. 1164 § 4, 2004).

(1) See SMC 17.114.140 for permitted activities in geologically hazardous areas.

(2) In addition to the standards in SMC 17.114.140, trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

(3) Moderate and Severe Erosion Hazards and Landslide Hazards on Moderate and Steep Slopes. Except as otherwise provided for in this chapter and Chapter 17.114 SMC, only those activities approved and permitted consistent with an approved critical area report in accordance with this chapter shall be allowed in moderate or severe erosion hazard areas or in landslide hazard areas with moderate or steep (severe) slopes.