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Ordinance 3676-19
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Ordinance 3676-19
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5/21/2019 10:47:20 AM
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Ordinances
Ordinance Number
3676-19
Date
5/15/2019
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necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the <br /> expense of the property owner. <br /> 1. Exempted actions. <br /> a. Emergencies that threaten the public health, safety and welfare, as verified by the city. <br /> Emergency actions that create an impact to a critical area or its buffer shall use reasonable <br /> methods to address the emergency; in addition,they must have the least possible impact to <br /> the critical area and/or its buffer; <br /> 2. Legally constructed structures and improvements in existence on the date the ordinance <br /> codified in this chapter becomes effective that do not meet the buffer requirements of this <br /> chapter may be remodeled, reconstructed, expanded or replaced; provided,that the new <br /> construction or related activity does not further encroach into a critical area or the portion of the <br /> reconstruction, and expansions shall be subject to all other requirements of the zoning code; <br /> b3. Existing and ongoing agricultural activitye in agricultural zones in occurring prior to and since <br /> January 3, 1990the date this chapter becomes effective; provided, however, at such time as <br /> the property ceases to be used for agricultural activities and a development activity is <br /> proposed,the property shall be brought into compliance with the provisions of this chapter; <br /> and further provided,that existing ditches and drain tiles are not expanded in a manner that <br /> will drain wetlands in existence as of the date this chapter becomes effective.This exemption <br /> does not apply to filling or alteration of wetlands not in agricultural use as of January 3, 1990 <br /> the date this chapter becomes effective.The city encourages the use of best management <br /> practices or farm conservation plans to reduce impacts of agricultural practices on critical <br /> areas; <br /> c4. Normal and routine maintenance of legally constructed irrigation and drainage ditches; <br /> provided,that this exemption shall not apply to any ditches used by salmonids; <br /> d6. Normal and routine maintenance of agricultural ponds, livestock watering ponds and fish <br /> ponds; provided,that such activities shall not involve the conversion of any wetland or <br /> stream not used for such purposes prior to and since January 3, 1990on the date this chapter <br /> becomes effective; <br /> e6. Entirely artificial structures or wetlands intentionally constructed by humans from upland <br /> areas for purposes of stormwater drainage or water quality control, or ornamental landscape <br /> ponds,which are not part of a mitigation plan required by this chapter; <br /> mitigation sequencing provisions in Section 37.120.A: <br /> a. Category Ill and IV wetlands less than one thousand square feet in arca that meet all of the <br /> 4. The wetland is not associated with a riparian corridor; <br /> feet in arca that meet all of the following criteria: <br /> EMC Title 19.37 (Critical Areas) Page 5 <br />
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