Title 18 - Unified Development Ordinance

18.365.080 Allowable Uses.

1. A.
   “Active stream zone” allowable uses should utilize best management practices to minimize disturbance to and impacts on the stream corridor and include:

   1. 1.
      Sanitary sewer line crossings.
   2. 2.
      Other utilities crossings as approved by the Director.
   3. 3.
      Roadway crossings, limited to minimum required to provide access for orderly development.
   4. 4.
      Crossings for foot, bicycle, golf cart, and similar uses.
   5. 5.
      Flood control structures.
   6. 6.
      Stream restoration projects and bioengineered bank stabilization.
   7. 7.
      Storm sewer pipe discharge.
   8. 8.
      Stream gauging and water quality monitoring.
   9. 9.
      Pump stations and structures required to transport water from the stream.

1.   
   Crossing the active stream zone shall be minimized, crossing at skewed angles shall be avoided, and the length and area disturbed shall be restricted, to the maximum extent feasible.

2. B.
   “Stream corridor” allowable uses shall utilize best management practices to minimize disturbance or impacts to the stream corridor and include:

   1. 1.
      All activities allowed in the “active stream zone.”
   2. 2.
      Paved or unpaved paths for foot, bike, golf carts, and other similar uses. Paths must be constructed near natural grade to minimize clearing, filling and grading.
   3. 3.
      Utility installations are allowed provided it is demonstrated installing the utility outside the stream corridor isn’t feasible. Storm sewer pipes may discharge into the active stream zone or stream corridor if appropriate measures to prevent erosion and scouring are taken. Utility easements will be dedicated on the subdivision plat, or by separate document after platting if Director approval is obtained for the utility location. The Director may establish minimum standards for utility construction in the stream corridor.
   4. 4.
      Other uses approved by the Director that meet the intent of this Chapter.

      Allowable uses in the stream corridor are limited to low-impact passive uses that require little or no disturbance, grading, clearing, or filling of the existing native vegetation, and are related to recreation, public enjoyment, and protection of the stream and stream corridor. These uses may include small non-habitable structures ancillary to the approved use. Examples of allowable structures include play equipment, gazebos and picnic shelters. Allowable uses do not include parking facilities.

   5. 5.
      Recreational fields, public parklands and golf course fairways may encroach into the stream corridor, reducing the stream corridor width up to one-half the width indicated in Section 18.365.040, provided the following guidelines are followed:

      1. a.
         Recreational fields, public parklands and golf course fairways, which reduce the stream corridor, will be required to compensate for that reduction by providing additional stream corridor width within the project sufficient to provide the same net stream corridor area that would result from enforcement of the stream corridor widths in Section 18.365.040.
      2. b.
         Golf course fairway crossings will be given the following additional latitude.

         1. 1.
            Fairway crossings within the stream corridor are allowed if the crossing does not exceed 120 feet (measured perpendicular to the fairway direction) and the number of crossings is limited to 2 per 1000 feet of stream.
         2. 2.
            Fairway crossings within the stream corridor shall be maintained as either unmowed native grasses and trees or as “low rough,” which permits grasses mowed to about 1 ½ to 2 inches. Additional stabilization may be required immediately adjacent to the stream banks where “low rough” is established.
         3. 3.
            Designers are encouraged to limit the size and number of stream crossings, to minimize stream crossing impacts on wooded areas, and to orient stream crossings perpendicular to the stream.
   6. 6.
      Existing agricultural uses.
   7. 7.
      Low impact enhancements to the stream corridor for purposes of stormwater treatment as allowed under 16.210 of this Code.
3. C.
   Private lakes and other impoundments for recreational, aesthetic, or irrigation purposes are allowed within the active stream zone and stream corridor with the following criteria:

   1. 1.
      Lakes and other impoundments shall be constructed in accordance to 15.10 and all State and Federal regulations.
   2. 2.
      Pre-existing private lakes within a development are allowed when the developer provides certification from a licensed engineer either that the preexisting or reconstructed outlet works, dam structure, and other hydraulic functions of the lake meet current Federal, State and City requirements.
   3. 3.
      Where an existing or new private lake or pond is created, the stream corridor terminates at the normal pool level where storm water discharges into the body of water and resumes 10 feet below the toe of the dam embankment. Where private lakes are removed or filled as part of development, the stream shall be restored through that area and the stream corridor shall be created through the existing private lake area. See Section 18.365.040.D for additional requirements.

(History: Ord. ZRR-2675 §10, 2008; ZRR-2382 §1, 2002)

Effective on: 1/1/1901