§ 155.381 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALTERATION. The addition to, removal of or from, or physical modification of any exterior part or portion of a landmark, or identified building.
   BANK FULL STAGE. The elevation at which water overflows the natural banks of the stream.
   BIOENGINEERING. A method of erosion control and landscape restoration using live plants, such as willows.
   BUILDING ENVELOPE. The land area, outside of all required setbacks, which is available for construction of a primary structure on a particular property.
   DELINEATION. An analysis of a resource by a qualified professional that determines its boundary according to an approved methodology.
   EXCAVATION. Removal of organic or inorganic material (such as, soil, sand, sediment, muck) by human action.
   FILL. Deposition of organic or inorganic material (such as, soil, sand, sediment, muck, debris) by human action.
   IMPERVIOUS SURFACE. Any material (such as, rooftops, asphalt, concrete) which reduces or prevents absorption of water into soil.
   LAWN. Grass or similar materials usually maintained as a ground cover of less than six inches in height. For purposes of this subchapter, LAWN is not considered native vegetation regardless of the species used.
   MITIGATION. A means of compensating for impacts to a significant natural resource or its buffer including: restoration, creation or enhancement. Some examples of MITIGATION actions are construction of new wetlands to replace an existing wetland that has been filled, replanting trees, removal of nuisance plants and restoring stream-side vegetation where it is disturbed.
   NATIVE VEGETATION. Plants identified as naturally occurring and historically found within the city.
   NATURAL RESOURCE ENHANCEMENT. A modification of a natural resource to improve its quality.
   NATURAL RESOURCE OVERLAY. Designation given to all significant wetlands and riparian corridors delineated on the Significant Natural Resources Map.
   NON-CONFORMING.
      (1)   A structure or use that does not conform to the standards of this chapter, but has been in continuous existence from prior to the date of adoption of this chapter up to the present.
      (2)   NON-CONFORMING USES are not considered violations and are generally allowed to continue, although expansion, re-construction or substantial improvements are regulated.
   QUALIFIED PROFESSIONAL. An individual who has proven expertise and vocational experience in a given natural resource field. A QUALIFIED PROFESSIONAL conducting a wetland delineation must appear on the state’s Division of State Lands Consultants List.
   REVIEW AUTHORITY. The City of North Plains.
   RIPARIAN CORRIDOR. A Goal 5 resource that includes the water areas, fish habitat, riparian areas and wetlands within the riparian corridor boundary. In the city, RIPARIAN CORRIDOR boundaries are measured as follows:
      (1)   The unnamed tributary of McKay Creek: 50 feet from the top of bank or from the edge of a delineated significant wetland, whichever is further landward; and
      (2)   McKay Creek: 75 feet from the top of bank or from the edge of a delineated significant wetland, whichever is further landward.
   SIGNIFICANT NATURAL RESOURCE. Significant wetlands and riparian corridors within the city’s urban growth boundary and designated on the Significant Natural Resources Map.
   SIGNIFICANT WETLAND. A wetland mapped on the city’s Local Wetlands Inventory which meets the primary criteria of the state’s current edition of the Division of State Lands Administrative Rules for Identifying Significant Wetlands. The final boundary of a SIGNIFICANT WETLAND is established through a wetland delineation using the required methodology and suggested methodologies of the current edition of the U.S. Army Corps of Engineers Wetland Delineation Manual.
   STATE AND FEDERAL NATURAL RESOURCE AGENCY. State’s Division of State Lands, State’s Department of Fish and Wildlife, U.S. Army Corps of Engineers, U.S. Department of Agriculture Natural Resources Conservation Service, U.S. Fish and Wildlife Service and U.S. Environmental Protection Agency.
   STREAM. A channel, such as McKay Creek or the unnamed tributary of McKay Creek, that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
   STRUCTURE. A building or other major improvement that is built, constructed or installed, not including minor improvements, such as fences, utility poles, flagpoles or irrigation system components that are not customarily regulated through zoning ordinances.
   SUBSTANTIAL IMPROVEMENT.
      (1)   Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
         (a)   Before the improvement or repair is started; or
         (b)   If the structure has been damaged and is being restored, before the damage occurred.
      (2)   For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
      (3)   The term does not, however, include either:
         (a)   Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
         (b)   Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
   TOP OF BANK. A distinct break in slope between the stream bottom and the surrounding terrain, which corresponds with the bank full stage of the stream.
   VARIANCE. A grant of relief from the requirements of this subchapter, which permits activity in a manner that would otherwise be prohibited by this subchapter.
   WETLAND.
      (1)   Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
      (2)   WETLANDS are generally regulated by the state’s Division of State Lands and the U.S. Army Corps of Engineers.
(Prior Code, § 16.75.005)