Chapter 17.40
FLOODWAY OVERLAY ZONE
Sections:
17.40.010 Legislative findings.
17.40.030 Floodway overlay zone – Created – Purpose – Boundaries.
17.40.040 Floodway overlay zone – Supplemental.
17.40.050 Planning commission approval required for alternative uses within floodway overlay zone.
17.40.060 Planning commission – Criteria.
17.40.010 Legislative findings.
The city council finds as follows:
A. There exist properties within the city lying within the floodway of the Snoqualmie River which are located within residentially zoned districts.
B. Pursuant to state statute, local flood plain management ordinances must prohibit certain land uses within designated floodways, including the construction of new residential structures and certain repairs, reconstruction or improvement of existing residential structures, collectively referred to as substantial improvements. Federal regulations regarding eligibility for flood insurance also require similar land use restrictions in designated floodways.
C. The city has adopted the land use restrictions in designated floodways required by state and federal regulations in the city’s flood hazard regulation. By virtue of such land use restrictions, construction of new residential structures and substantial improvement of existing residential structures is prohibited on properties within the floodway, notwithstanding that the principally permitted use of such properties under SMC Title 17 is residential.
D. It would promote the public health, safety and welfare to provide for alternate uses for properties within residential districts when application of the land use restrictions of Chapter 15.12 SMC prohibits the construction of new residential structures or substantial improvement of existing structures upon such property, provided, such alternate uses are subject to planning commission review and approval for compatibility with uses and structures in the vicinity, both as to architectural features and as to traffic, parking and other impacts of the alternative use. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).
17.40.020 Definitions.
The following words shall have the following meanings in this chapter:
A. “Alternative use” means a use which is neither principally permitted nor permitted as a conditional use within the residential zoning classification in which the property for which application is made is located.
B. “Flood hazard regulation” means Chapter 15.12 SMC, as it now exists or may hereafter be amended, or any successor regulation regulating land uses within a flood prone area.
C. “Floodway” shall have the same meaning in this chapter as in the flood hazard regulation.
D. “Residential district” means the zoning districts enumerated in SMC 17.15.020. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).
17.40.030 Floodway overlay zone – Created – Purpose – Boundaries.
A. There is hereby created within the city a special purpose zoning classification to be known as the floodway overlay zone. The purpose of the floodway overlay zone is to provide for the authorization of alternative uses of residentially zoned properties within a designated floodway, subject to the provisions of this chapter.
B. The boundaries of the floodway overlay zone or zones within the city shall be those portions of residential districts lying within a floodway. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).
17.40.040 Floodway overlay zone – Supplemental.
The floodway overlay zone is supplemental to the underlying zone classification. When conflict arises between the regulations of this chapter and the underlying zone classification, the provisions of this chapter shall prevail. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).
17.40.050 Planning commission approval required for alternative uses within floodway overlay zone.
A. Within any floodway overlay zone, no alternative use shall be permitted without approval of the planning commission.
B. Applications for alternative uses under this chapter shall be reviewed by the director, who shall make a staff report and recommendation to the planning commission. Applications under this chapter shall be combined with any design review required by this title.
C. The planning commission may approve, approve with conditions or deny the application for alternative use, provided, it shall make its findings and decision in writing, a copy of which shall be provided to the applicant by personal delivery or certified or registered mail, return receipt requested. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).
17.40.060 Planning commission – Criteria.
In reviewing applications for alternative uses, the planning commission shall be guided by the following criteria:
A. The nature, size and scale of alternative uses and structures associated with such uses shall be limited to those which may be conducted in proximity to the permitted residential uses in the neighborhood which the planning commission deems affected by the proposed alternative use, without traffic, noise, light and glare and aesthetic impacts upon such residential area which the planning commission in the exercise of its sound discretion deems to be significantly greater than those of a permitted residential use.
B. By way of illustration only, and not by way of limitation, the following uses may be approved as alternative uses, depending upon application of these criteria to the subject property and the surrounding residential area: business or professional offices; services such as barbers, beauticians, or electronic or small appliance repair; and retail businesses such as art and craft supply, bookstores or art galleries.
C. The structure for the proposed alternative use shall be of a size and architectural design of the same period and style as is generally typical of residential structures in the affected area.
D. Parking and landscaping requirements for approved alternative uses shall be as determined by the planning commission, and may vary from such requirements as may be established for commercial districts. Such requirements shall be included in the planning commission’s findings and decision. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).