Ordinance
80 - Tulalip Zoning
1.0 PURPOSE
To safeguard
and promote the peace, health, safety and general welfare of the Tulalip
Reservation and its people; to ensure adequate land supply for future
generations through careful planning and zoning; to discourage land
development in areas that pose a potential threat to public health and
the Reservation's fisheries and shellfish resources; to promote and
preserve the unique Indian character, identity and culture of the Tulalip
Indian Reservation as the Tribes permanent homeland; to reduce the potential
for conflict between new residential development and the resource-based
economy of the Tulalip Indian Reservation; to provide for the orderly
use of the Reservation's lands; to provide landowners with consistent
standards for Reservation land use activities by providing certainty
and stability in land use decision-making; and to protect and enhance
the natural beauty and resources of the Tulalip Reservation.
2.0 LEGISLATIVE FINDINGS
The Board
of Directors finds that:
2.1 The
Tulalip Indian Reservation was established pursuant to the Treaty
of Point Elliot as a permanent homeland for the Indian Tribes and
bands that now comprise the Tulalip Tribes of Washington;
2.2 The
Tribes federally approved Constitution and Bylaws provides that the
Tribes jurisdiction shall extend to the territory within the confines
of the Reservation established pursuant to the Treaty of Point Elliot.
2.3 Reservation
surface and ground waters are of critical importance to the Tribes
treaty fishery.
2.4 Reservation
surface and ground waters are intricately related and are of critical
importance to Reservation residents for use as potable water, for
fish and wildlife habitat, and for aesthetic reasons.
2.5 The
Tribes and its members have on-reservation reserved fishing and hunting
rights and the Tribes has reserved water rights.
2.6 Fishing
and hunting are a central focus of the Tribes culture and are of critical
importance to the Tribes economy and the economic well-being of its
members. Many tribal members are dependent upon fishing and hunting
for their livelihood and subsistence.
2.7 Protection
of fish and wildlife, their habitat, resources upon which they depend,
and resources of importance to the tribal hatchery, is essential to
the Tribes goals of preserving and increasing fish and game populations.
The tribal hatchery produces substantial volumes of fish harvested
by tribal members and non-members.
2.8 Reservation
natural stock fisheries, the aquatic resources upon which the fishery
depends for survival, and the tribal hatchery are highly vulnerable
to damage from adverse impacts to reservation waters and wetlands.
2.9 Serious
concerns exist as to the ability of the Reservation's aquifers to
provide adequate quantities of water or to serve the present and future
needs of the Tribes and its members.
2.10
The Reservation is relatively small in size, consisting of a land
area of approximately 22,000 acres, and including Tulalip Bay and
Quilceda Creek;
2.11
The Reservation contains a rural road system, limited developed water
and sewer systems;
2.12
A significant portion of the Reservation contains creek corridors,
wetlands, and soils with seasonal high water tables unsuitable for
conventional septic systems.
2.13
Future tribal and non-tribal population growth will place increasing
demands upon limited Reservation land area suitable for land development.
2.14
Development activities and land uses upon Reservation lands have the
potential to seriously impact and degrade Reservation natural resources,
including surface and ground waters, wetlands, shorelines, fisheries,
the tribal fish hatchery, wildlife, forests, plant life and other
natural resources.
2.15
Future tribal and non-tribal population growth will place increasing
demands upon Reservation natural resources. An integrated system of
land use controls pertaining to all Reservation lands is critically
needed to protect fish and wildlife, their habitat, resources upon
which they depend and resources of importance to the Tribes economy
and the economic well-being of its members and Reservation community.
2.16
Continued protection and enhancement of the essential Indian character
of Reservation and the Reservation community is of vital importance
to the Tribes. Large areas of the Reservation remain undeveloped and
retain their essential Indian character. The limited development that
has occurred on the Reservation has been consistent with and preserves
the essential Indian character of the developed areas and of the Reservation
and the Reservation community as a whole.
3.0 DEFINITIONS
3.1
Accessory Building: A subordinate building which is incidental
to the principal building on the same lot.
3.2
Accessory Use: A use customarily incidental and related to the
principal use on the same lot.
3.3
Animals: Animals means domesticated animals kept either as farmstead
animals for profit or household pets, but does not include game animals
or animals used in religious observance, for purposes of this ordinance.
3.4
Board of Directors or Board: The Board of Directors of the Tulalip
Tribes.
3.5
Buffer: All areas designated as buffers pursuant to Section 23.7
and Section 24.0 and/or any areas designated as buffers in any permit,
subdivision approval or variance issued under this ordinance.
3.6
Building: Any structure having a roof, designed for shelter of
persons, animals or property.
3.7
Building Permit: A permit issued by the Tulalip Tribes and required
under this ordinance prior to the commencement of construction on
any new structure or substantial modification of any existing structure,
and issued by the Tulalip Tribes.
3.8
Bulkhead: Structures erected parallel to and near the high water
mark for the purpose of protecting adjacent uplands from the action
of waves or currents. (Section 23.8.2).
3.9
Commercial Use: The providing of goods or services for compensation.
3.10
Comprehensive Plan: The 1994 Tulalip Comprehensive Plan, as it
now exists or may hereinafter be amended.
3.11
Conditional Use: A use permitted in a zone only after review by
the Planning Commission and the granting of a conditional use permit
imposing such performance standards, conditions and mitigation requirements
as are determined to be appropriate under the authority of this ordinance.
(Section 32.0).
3.12
Correctional Facilities: Any facilities used to house offenders,
prisoners, and convicts, including minimum and maximum security facilities,
juvenile detention facilities and work release facilities.
3.13
Cultural Activities: Those activities which have historically
occurred on the Tulalip Reservation and are important to the continuance
of the Tulalip Tribes' identity and culture.
3.14
Culturally Sensitive Lands: All lands defined, designated, or
determined to be Culturally Sensitive Lands, pursuant to section 24.0
of this ordinance.
3.15
Department of Community Development (DCD): The Tulalip Tribes'
Department of Community Development.
3.16
Department of Environment (DOE): The Tulalip Tribes' Department
of Environment.
3.17
Dock, Pier: A structure extending into the water from the shore,
the purpose of which is to moor vessels and which is permanently attached
to the bottom by means of piling or floating by means of flotation.
(Section 23.8.4)
3.18
Duplex: A building containing two living units designed or used
as a residence for two families.
3.19
Dwelling: A building which is designed or used as a single family
or multiple family residence by the occupants.
3.20
Dwelling unit: A building or portion thereof designed or used
for occupancy by a single family.
3.21
Dwelling, Multi-Family: A building designed or used as a residence
for three or more families.
3.22
Dwelling Single-Family: A building designed or used as a residence
for one and only one family.
3.23
Environmentally Sensitive Lands: All lands designated, or determined
to be Environmentally Sensitive Lands, pursuant to section 23.0 of
this ordinance.
3.24
Excavation: The removal of natural earth material from its original
location.
3.25
Executive Director: Executive Director of the Department of Community
Development, or his or her designee.
3.26
Family: Two or more persons related by blood, marriage, or adoption,
or a group of not more than six persons, not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
3.27
Filling: The depositing of any material on a site which raises
the surface elevation of land or bed of a body of water or stream
above its original natural elevation.
3.28
Floor area: The dimensions of a floor area built for residential
or non-residential uses which shall be measured from the interior
face of exterior walls on the first story and any other story connected
with a fixed stairway or elevator. The measurement includes the floor
area of all accessory buildings measured similarly, but excludes the
floor area required for heating and other mechanical equipment, garaging
of vehicles, enclosed porches, light shafts, corridors and stairwells.
3.29
Garage: A sheltered or enclosed accessory space intended for the
storage of motor vehicles or boats of the residents on the premises
including carports.
3.30
Government Facilities: Any facilities operated or used by a government
entity or public utility for a public or tribal purpose including
buildings and structures which are used for cultural activities (Section
3.11) such as a longhouse or museum.
3.31
Gross Building Area: The total square feet of space in a building
measured from the exterior walls, not including open exterior steps
or ornamental features extending outside of the walks.
3.32
Heavy Industrial Uses: Industrial activities that include the
making of goods from raw materials, assembly, fabrication, processing,
bulk handling and storage, construction and heavy transportation.
3.33
Home Occupation: An occupation carried on within a dwelling or
building accessory to a residence by members of the family dwelling
therein and no more than one non-resident employee under the conditions,
and in accordance with the requirements, of Section 27.0.
3.34
Hydric Soils: A soil that in its undrained condition is saturated,
flooded, or ponded long enough during the growing season to develop
anaerobic conditions that favor the growth and regeneration of hydrophytic
(wetland) vegetation.
3.35
Hydrophytic Vegetation: Plants adapted to live in a wetland.
3.36
Interpretive Facilities: Any facilities providing information
to the public about a site or place including its natural environment,
culture, or history.
3.37
Lake: A year-round open body of water at least 2 acres in size,
which supports wildlife, fish species, and other aquatic life forms.
3.38
Legal Lot: A lot shall be a legal lot if it was either created
under the subdivision requirements of this ordinance, is exempt therefrom,
or is a lawful non-conforming use under section 19.0.
3.39
Light Industrial Uses: Industrial activities that include those
non-manufacturing uses such as research and development, wholesale
trade and distribution, bulk retail businesses, and the assembling,
light storage, and handling of products.
3.40
Lot: A platted parcel or tract of land that meets the setback,
width, open space, and access requirements of this ordinance.
3.41
Lot Area: The total horizontal area within the lot lines.
3.42
Lot, Corner: A lot situated at the intersection of two streets,
private access easements or planned streets provided that the angle
of the streets does not exceed 135 degrees.
3.43
Lot Coverage: That portion of the total lot area that may be covered
by principal and accessory buildings.
3.44
Lot Line, Front: The lot line separating the lot from any street
and right-of-way. In the case of a "panhandle lot", the
front lot line shall be defined by the Executive Director.
3.45
Lot Line, Rear: The lot line opposite and most distant from the
front lot line.
3.46
Lot Line, Side: Any lot line not located at the front or rear
of the lot.
3.47
Lot, Width: The dimension of the lot line at the street, or in
an irregularly shaped lot, the dimension across the lot at the building
line.
3.48
Modular/Mobile Home: A dwelling constructed wholly or in part
in a factory and transported to a site for installation and assembly,
and which require permanent connection to water, sewage disposal facilities,
and electrical utilities. (Section 29.0).
3.49
Mother-in-law Units A dwelling constructed as an accessory dwelling
to the principal structure to be occupied only by family members of
the family residing in the principal structure under the conditions,
and in accordance with the requirements, of section 14.0.
3.50
Non-Conforming Use: A lot, use of land, or use of structure which
existed or was established prior to the effective date of this ordinance,
and which is deemed under the provisions of section 19.0 to be lawful
non-conforming uses.
3.51
Parking Space: A space on a lot within or without a building exclusive
of access drives at least eight and one-half by eighteen feet used
to park a vehicle and having access to a public street or alley. (Section
30.0).
3.52
Planning Commission: The Tulalip Tribes Planning Commission.
3.53
Planned Residential Development (PRD): A pattern of development
which promotes innovative site planning techniques; and preserves
important natural resources, environmentally sensitive lands, and
natural site amenities and which meets the requirements and conditions
of Section 21.0
3.54
Principal Use: The primary or predominant use to which the lot
or building is or may be devoted to which all other uses are accessory.
3.55
Sign: A structure or graphics upon a structure for the display
of advertising or identifying the owner or occupant or use of the
premises.
3.56
Stream, Creek: Flowing body of water, perennial or intermittent,
providing habitat for wildlife, fish species, and other aquatic life
forms.
3.57
Structure: Any man-made assemblage of materials extending above
and/or below the surface of the earth and attached thereto.
3.58
Subdivision: The division or redivision of land into two or more
lots, tracts, parcels, sites, or divisions for the purpose of sale,
lease or transfer of ownership. (Section 36.0).
3.59
Triplex: A building containing three units designed and intended
as a residence for use by three families.
3.60
Use: The purpose land, buildings, or structures now serve or for
which such is occupied or intended.
3.61
Use and Occupancy Permit: A permit issued by the Tulalip Tribes
and required under this ordinance prior to the commencement of any
use identified in section 4.1.2(b).
3.62
Variance: An adjustment made in the application of the specific
regulations of this ordinance to a particular piece of property, where
the criteria, requirements and conditions of section 31.0 are satisfied.
3.63
Wetland: All lands designated, or determined to be wetlands, pursuant
to section 23.5 of this ordinance.
3.64
Yard: An open space on a lot or parcel which is required by this
ordinance to be unoccupied by buildings.
3.65
Yard, Front: A space, unoccupied by buildings at the front of
a lot or parcel. Minimum front yard requirements are defined by the
section of the ordinance for the zone in which the lot is located.
3.66
Yard, Rear: A space, unoccupied by buildings at the rear of a
lot or parcel. Minimum rear yard requirements are defined by the section
of the ordinance for the zone in which the lot is located.
3.67
Yard, Side: A space, unoccupied by buildings at the side of a
lot or parcel. Minimum side yard requirements are defined by the section
of the ordinance for the zone in which the lot is located.
3.68
Zone: A portion of portions of the Tulalip Indian Reservation
designated on the zone map as one, or more, of the zoning categories
established by this ordinance.
3.69
Zoning Map: The Tulalip Official Zoning Map, Tulalip Indian Reservation,
which was adopted on the 8th Day of December, 1994, and certified
as part of this ordinance, and was readopted on the 9th Day of January,
1995, as provided in section 5.0, as the same may be hereinafter amended
by tribal ordinance, and which map sets out the boundaries of the
various zones authorized herein.
4.0 CERTAIN PERMITTED USES AND ACTIVITIES
4.1.1
Building Permit.
(a) It
shall be unlawful for any person to commence work on any structure
on Tulalip reservation without first obtaining and posting any building
permit required by this section.
(b) A
building permit from the Tulalip Tribes shall be required prior to
the commencement of construction on the Tulalip Reservation of:
(i)
Any new structure intended for single family residential, commercial,
multi-family residential, industrial, business park or professional
use, including any accessory building associated with such structures;
and
(ii)
Any significant modification, addition, or alteration to any existing
structure. Repair of an existing structure, except for repairs requiring
structural changes, shall not constitute a significant modification
or alteration for purposes of this subsection.
(c) Any
new building permit required under this section shall be posted in
plain view prior to the commencement of work, and shall remain posted
until a use and occupancy permit is issued or until such permit expires,
whichever is sooner.
4.1.2 Use and Occupancy Permit.
(a) It
shall be unlawful for any person to undertake any use or activity
on the Tulalip Reservation without first obtaining and posting any
use and occupancy permit required by this section.
(b) A
use and occupancy permit shall be required prior to:
(i)
The use and occupation of any structure for which a building permit
is required under this ordinance.
(ii)
Any grading and/or clearing associated with new development on the
Tulalip Reservation excluding excavations for wells, utilities,
cemetery graves, excavations below finished grade for basements
and footings of a structure authorized by a valid permit, landscaping
and growing of crops.
(iii)
Construction or repair of any bulkheads, beach access structures,
or docks erected on each lot or parcel of property on land or tribal
shorelands, waters and abutting uplands within the Reservation.
(iv)
Alterations to a wetland or its buffer including any grading and/or
clearing.
(v)
Commencement of construction or repair of any hydraulic project
or bridge.
(vi)
Erection or repair of signs.
(c) Any
use and occupancy permit issued for a commercial use under this section
shall be permanently posted in a public view on the premises prior
to the commencement of any use or activity authorized in such permit.
4.2 Permit Administration: The Executive Director of the Department
of Community Development or his/her designee:
(a) Shall
require a completed permit application, any required plans and specifications,
and payment of all required fees, prior to reviewing an application
for any permit required under this ordinance;
(b) Shall
review all building permit applications, and any required plans and
specifications, for compliance with the requirements of the Tulalip
Comprehensive Plan and the terms of this ordinance;
(c) After
review, shall issue a permit to any applicant whose proposed activities
and uses meet the requirements of this ordinance, and shall reject
in writing any permit application that does not meet such requirements;
(d) May
require the applicant to provide such information identified in section
36.1(e) as may be necessary to adequately review the permitted activities
or uses for consistency with the goals, text, and policies of the
Tulalip Comprehensive Plan and the provisions of this ordinance;
(e) May
condition (including mitigation) or deny any permit based on significant
adverse impacts to the natural or built environment;
(f) Shall,
prior to issuance of any use and occupancy permit; require that an
inspection be conducted to ensure that such permitted uses and activities
meet the requirements of the Tulalip Comprehensive Plan and this ordinance.
4.3 Conformity with Uniform Codes: All structures on the Tulalip
Indian Reservation shall be built consistent with the most recent editions
of the Uniform Building Code (UBC), Uniform Fire Code, and Uniform Plumbing
Code, published prior to the date of the use and occupancy permit application.
These Uniform Codes shall apply to all work performed on the Tulalip
Reservation except to the extent modified in this ordinance.
5.0 ZONING MAP
5.1.
Certification. Certification. The Tulalip Official Zoning Controls
Map, Tulalip Indian Reservation, adopted the 8th day of December, 1994,
and re-adopted on the 9th day of January, 1995, and the boundaries of
various zones shown thereupon, are hereby adopted as part of this ordinance,
and are incorporated herein by reference. Said map shall be certified
by signature of the Chairman and the Secretary of the Board of Directors,
together with the date of the adoption of this ordinance, under the
following words: “This is to certify that this Tulalip Official
Zoning Controls Map was adopted the 8th day of December, 1994, pursuant
to Ordinance No. 56 and was readopted on the 9th day of January, 1995.”
Upon such certification, said map shall supersede the Tribal Official
Zoning Controls map previously adopted under Ordinance No. 35.
5.2 Amendments. Amendments to the Tulalip Official Zoning Controls
Map, Tulalip Indian Reservation, or adoption of additional zone maps,
shall be made as official control amendments adopted by ordinance in
accordance with the requirements of Ordinance No. 56. Such amendments,
changes or additions shall be entered and certified upon the Tulalip
Official Zoning Controls Map, Tulalip Indian Reservation, promptly after
adoption of such ordinance. Such certification shall be by signature
of the Chairman and the Secretary of the Board of Directors, together
with the date of the adoption of the ordinance making such amendment,
under the following words: “This is to certify that this Tulalip
Official Zoning Controls Map has been amended on ____/____20___ pursuant
to Ordinance No. ___.”
5.3 Location of Zoning Map. Regardless of the existence of purported
copies of the Zoning Map which may from time to time be made or published,
the Zoning Map, which shall be located in the Department of Community
Development, shall be the final authority as to the current zoning status
of land and water areas, buildings, and other structures on the Reservation.
6.0 BOUNDARIES OF ZONES
Unless
otherwise referred to established points, lines, or features, questions
as to the location of the boundaries of zones shall be determined in
accordance with the following rules:
a) The
zone boundaries are the center lines of either streets or alleys unless
otherwise shown.
b) Where
the zone boundaries are not otherwise indicated and where the zones
designated are bounded approximately by lot lines, said lot lines
shall be construed to be the boundary of such zones.
c) In
subdivided property, the zone boundary lines on the Official Zoning
Controls Map shall be determined by use of the scale contained on
such Map. Scaled distances indicated as approximately following Governmental
Section Subdivision lines shall be construed as following such Governmental
Section Subdivision lines.
d) The
zone boundaries shall extend to all Puget Sound tidelands within the
exterior boundaries of the Tulalip Indian Reservation.
7.0 CREATION OF ZONES
7.1.
Zoning Categories To further the objectives and goals of the 1994
Tulalip Comprehensive Plan, and to preserve the integrity of said plan,
and assure its systematic execution, the zones defined as set forth
in sections 8.0 through 21.0 are hereby created, and all lands within
the exterior boundaries of the Tulalip Indian Reservation shall be,
and hereby are, divided into zones, the boundaries of which zones are
delineated, described and depicted upon the Tulalip Official Zoning
Controls Map, Tulalip Indian Reservation, adopted under section 5.0
of this ordinance.
7.2 Uses within Zones. Any use of lands within the exterior boundaries
of the Tulalip Indian Reservation which is not a Permitted Use or Permitted
Accessory Use and Structure within a zone upon a legal lot, a Conditional
Use upon a legal lot for which a conditional use permit has been issued
under this ordinance, a Variance for a use upon a legal lot for which
a variance permit has been issued under this ordinance, or without a
permit required by this ordinance, or in violation of the conditions
or requirements of a permit issued under this ordinance, shall be prohibited
and unlawful.
The maximum
permitted density of development for each zone shall be as shown in
sections 8.0 through 21.0. Development at any greater density than shown
as permitted for a particular zone, shall be prohibited and unlawful.
8.0 CONSERVATION (CS)
8.1
Purpose: To protect and conserve unique areas that contain Environmentally
Sensitive Lands and Culturally Sensitive Lands of importance to the
Tulalip Tribes and the Reservation Community.
8.2 Permitted Uses:
(a) Maintenance
of fish and wildlife habitat
(b) Nature
Parks
(c) Foot
trails
8.3 Conditional Uses:
(a) Interpretive
facilities
(b) Single-family
dwellings
8.4 Permitted Density: 1 dwelling unit per 80 acres
9.0 PRIMARY FORESTRY (PF)
9.1
Purpose: To preserve and protect commercial forest land for long-term
forestry and related uses.
9.2 Permitted Uses:
(a) The
growing, cultivation, and harvesting of trees and activities and equipment
operation incidental thereto
(b) Fish
hatchery and accessory uses
(c) Fish
and wildlife management
(d) Harvesting
of wild crops such as bark, ferns, cones, berries, and mushrooms
(e) The
construction, operation and maintenance of access roads for the management
and protection of the forest lands and the removal of forest products
9.3 Conditional Uses:
(a) Quarrying
and mining of minerals or other earth materials
(b) Government
Facilities
(c) Single
family dwellings
(d) Private
Utilities
9.4 Permitted Density: One dwelling unit per 80 acres.
10.0 SECONDARY FORESTRY (SF)
10.1
Purpose: To preserve and protect commercial forest lands that are
adjacent to rural land development for forestry and related uses.
10.2 Permitted Uses:
(a) The
growing, cultivation, and harvesting of trees and activities and equipment
operation incidental thereto
(b) Fish
and wildlife management
(c) Harvesting
of any wild crop such as bark, ferns, cones, berries, and mushrooms
(d) The
construction, operation and maintenance of a transportation system
for the management and protection of the forest lands and the removal
of forest products
(e) Single-family
dwellings
10.3 Conditional Uses:
(a) Quarrying
and mining of minerals or other earth materials
(b) Government
facilities
(c) Private
Utilities
10.4 Permitted Density: 1 dwelling unit per 20 acres.
11.0 RURAL AGRICULTURE (RA)
11.1
Purpose: To promote agriculture and rural residential uses while
simultaneously respecting important fisheries and wildlife habitat values.
11.2 Permitted Uses:
(a) Single-family
dwellings
(b) Agriculture
including the keeping and raising of livestock and fowl provided they
are fenced and provided the animals and their feed and waste do not
negatively impact environmentally sensitive lands
(c) Home
Occupations in conformance with Section 27.0
11.3 Permitted accessory uses and structures:
(a) Private
garages, barns and storage buildings
(b) Other
uses and structures accessory to a principal residential or agricultural
use
11.4 Conditional Uses:
(a) Mining
and Quarrying
(b) Government
Facilities
(c) Churches
(d) Duplexes
(e) Private
Utilities
11.5 Permitted Density: 1 dwelling unit per 10 acres for single
family residential and two dwelling units per 10 acres for duplexes.
12.0 RURAL RESIDENTIAL (RR)
12.1
Purpose: To preserve the rural character of the outlying and sparsely
populated areas as a transition zone between undeveloped lands and already
developed areas.
12.2 Permitted Uses:
(a) Single-family
dwellings
(b) Parks
(c) Home
occupations in conformance with Section 27.0
12.3 Permitted accessory uses and structures:
(a) Private
garages
(b) Storage
buildings
(c) Other
uses and structures accessory to a principal residential use
(d) Keeping
and raising of livestock and fowl provided they are fenced and provided
the animals, their feed and waste and do not negatively impact environmentally
sensitive lands
12.4 Conditional Uses:
(a) Churches
(b) Mining
and Quarrying
(c) Government
Facilities
(d) Duplexes
(e) Private
Utilities
12.5 Permitted Density: 1 dwelling unit per 10 acres and 2 dwelling
units per 10 acres for duplexes.
13.0 RESIDENTIAL ESTATE (RE)
13.1
Purpose: To preserve the rural character of areas which have a definite
residential potential.
13.2 Permitted Uses:
(a) Single-family
dwellings
(b) Duplexes
(c) Parks
(d) Home
occupations in conformance with Section 27.0
13.3 Permitted accessory uses and structures:
(a) Private
garages
(b) Storage
buildings
(c) Other
uses and structures accessory to a principal residential use
(d) Keeping
and raising of livestock and fowl provided they are fenced and provided
the animal, their feed, and waste do not create objectionable odors
or negatively impact environmentally sensitive lands.
13.4 Conditional Uses:
(a) Churches
(b) Government
Facilities
(c) Private
Utilities
13.5 Permitted Density: 1 dwelling unit per 5 acres for single
family residential and 2 dwelling units per 5 acres for duplexes.
14.0 SUBURBAN RESIDENTIAL (SR)
14.1
Purpose: To provide for residential living at suburban residential
densities in areas which are located near water and sewer utilities.
14.2 Permitted Uses:
(a) Single-family
dwellings
(b) Duplexes
(c) Parks
14.3 Permitted accessory uses and structures:
(a) Private
garages
(b) Storage
buildings
(c) Other
uses and structures accessory to a principal residential use
14.4 Conditional Uses:
(a) Duplexes
and Triplexes
(b) Churches
(c) Home
occupations in conformance with Section 27.0
(d) Government
Facilities
(e) Private
Utilities
14.5 Permitted Density: 2 dwelling units per acre for single
family residential, 4 dwelling units per acre for duplexes, and 6 dwelling
units per acre for triplexes.
15.0 MULTIFAMILY RESIDENTIAL (MF)
15.1
Purpose: To provide for residential living at higher residential
densities in areas which are located near water and sewer utilities.
15.2 Permitted Uses:
(a) Multifamily
dwellings, including apartments, townhouses and condominiums
15.3 Permitted accessory uses and structures:
(a) Storage
buildings
(b) Swimming
pools, Recreation Rooms
(c) Playgrounds
or Recreation grounds
15.4 Conditional Uses:
(a) Churches
(b) Government
Facilities
(c) Private
Utilities
15.5 Permitted Density: 12 dwelling units per acre
16.0 TULALIP BAY PLANNING AREA (TB)
16.1
Purpose: To provide for governmental and community facilities and
for a range of housing types.
16.2 Permitted Uses:
(a) Single-family
dwellings
(b) Government
facilities
(c) Health
care facilities,
(d) Parks
(e) Cemeteries
16.3 Permitted accessory uses and structures:
(a) Private
garages
(b) Storage
sheds
(c) Other
uses and structures accessory to a principal residential use.
16.4 Conditional Uses:
(a) Multifamily
dwellings
(b) Educational
facilities
(c) Churches
(d) Home
occupations in conformance with Section 27.0
(e) Private
Utilities
16.5 Permitted Density: 1 dwelling unit per 5 acres for single
family residential development and 12 dwelling units per acre of multifamily
development.
17.0 RECREATION (R)
17.1
Purpose: To provide area for recreational uses and activities requiring
large tracts of land which may be operated year-round or on a seasonal
basis.
17.2 Permitted Uses:
(a) Golf
courses
(b) Resorts
(c) RV
Parks
(d) Camping
(e) Archery
17.3 Conditional Uses:
(a) Residential
(b) Other
recreational activities
(c) Home
occupations in conformance with Section 27.0
(d) Shooting
Range
(e) Government
facilities
(f) Private
Utilities
17.4 Permitted Residential Density: 1 dwelling unit per 80 acres
18.0 MIXED RESIDENTIAL COMMERCIAL (R/C)
18.1
Purpose: To provide areas for small businesses and neighborhood
commercial services that are not likely to disrupt the functions of
the residential area as a whole.
18.2 Permitted Uses:
(a) Single-family
dwellings
(b) Duplexes
(c) Triplexes
(d) Convenience
stores with and without gas pumps
(e) Neighborhood-scale
retail establishments
(f) Home
occupations in conformance with Section 27.0
18.3 Conditional Uses:
(a) Churches
(b) Government
Facilities
(c) Private
Utilities
18.4 Permitted Residential Density: Density of respective residential
zone applies.
19.0 COMMERCIAL (C)
19.1
Purpose: To provide retail and other commercial services to Reservation
residents and the visiting public.
19.2 Permitted Uses:
(a) Retail
sales
(b) Grocers
(c) Personal
and professional services
(d) Indoor
entertainment and amusement
(e) Hotel/Motel
(f) Restaurants
(g) Offices
(h) Governmental,
cultural, educational, health care facilities
(i) Public
and private utility buildings
(j) Small
appliance repair and similar uses
19.3 Conditional Uses:
(a) RV
Parks
(b) Recreational
and park facilities
(c) Single-family,
duplexes, triplexes
(d) Multifamily
dwellings
(f) Correctional
Facilities
19.4 Permitted Density: 7 dwelling units per acre for single
family residential development, and 12 dwelling units per acre for multifamily
residential development.
20.0 INDUSTRIAL (I)
20.1
Purpose: To provide for industrial uses, business park uses, and
uses with special utility and transportation access requirements while
minimizing negative impacts on adjoining zones and the natural environment.
20.2 Permitted Uses:
(a) Light
Industrial
(b) Wholesale
and retail sales
(c) Indoor
entertainment and amusement facilities
(d) Hotel/Motel
(e) Restaurants
(f) Offices
(g) Governmental,
cultural, educational, health care facilities
(h) Public
and private power plants and utilities
(i) Outdoor
storage
20.3 Conditional Uses:
(a) Heavy
Industrial
(b) Testing
facilities
(c) RV
Parks
(d) Recreational
and park facilities
(e) Single-family,
duplexes, triplexes and multifamily dwellings
(g) Correctional
Facilities
20.4 Permitted Density: 12 dwelling units per acre
21.0 [RESERVED]
22.0 LOT COVERAGE, BUILDING SETBACKS, BUILDING HEIGHTS
22.1
Required maximum lot coverage and building setbacks are listed as follows:
Table
22.1
Lot
Coverage and Building Setbacks
| |
Maximum
Lot
Coverage by
Buildings
|
Minimum
Building Setback
Front Yard |
|
Minimum
Building
Setback Side
Yard |
Minimum
Building
Setback Rear
Yard |
| |
|
Arterial
Street |
Other
Street |
|
|
| Zone |
|
|
|
|
|
| Conservation |
NA |
25'
|
20'
|
10'
|
10' |
|
Prim.
Forestry
|
NA |
25' |
20' |
10' |
10' |
| Sec.
Forestry |
NA |
25' |
20' |
10' |
10' |
| Rural
Ag |
35% |
25' |
20' |
10' |
10' |
| Rural
Res. |
35% |
25' |
15' |
5' |
5' |
| Res.
Estate |
35% |
25' |
15' |
5' |
5' |
| Suburban |
50% |
25' |
10' |
5' |
5' |
| Tulalip
Bay |
50% |
25' |
10' |
5' |
5' |
| Recreation |
50% |
25' |
15' |
5' |
5' |
| Res./Com. |
50% |
25' |
15' |
5' |
5' |
| Commercial |
75% |
25' |
15' |
15' |
15' |
| Industrial |
75% |
25' |
15' |
15' |
15' |
(a) Rear
and side setbacks facing streets, easements, or right-of-ways shall
not be less than the front setback requirement.
(b) No
portion of any structure shall be closer than 5 feet from any other
structure
(c) No
intensive animal breeding or holding structures shall be located less
than 20 feet from any residential property line, right-of-ways, or
road easements.
(d) Permitted
accessory structures not exceeding 7 feet in height may be located
in the rear and side yard setbacks.
(e) Fences
up to 6 feet high may be located in any required setback space. Fences
in excess of six feet in height may not be erected unless a Conditional
Use Permit is first obtained.
(f) The
height of any industrial or commercial building or portion thereof
abutting a residential zone may not exceed the distance to the property
line.
(g) Where
commercial and industrial areas abut residential zones there shall
be view obscuring planting strip of a width sufficient to adequately
screen the industrial uses from the residential area.
(h) No
single family, duplex, or triplex residential structure shall exceed
35 feet in height except upon issuance of a variance.
(i) The
overall height of multifamily buildings shall not exceed the distance
to any property line.
(j) Unless
no other reasonable alternative exists principal structures shall
not be placed closer than 200 feet from Primary Forest land and no
closer than 150 feet from Secondary Forest land.
23.0 ENVIRONMENTALLY SENSITIVE LANDS
23.1
Purpose: Development shall be regulated by this section to preserve
and protect environmentally sensitive lands which are essential to the
health of the Reservation's ground and surface waters for human use
and enjoyment, tribal fisheries and wildlife important to the Tribes
and to protect the public health, safety and general welfare from potential
hazards resulting from development on sensitive lands.
23.2 Definition: Environmentally Sensitive lands include wellhead
protection zones, surface waters such as lakes, ponds, seasonal and
perennial streams, springs, wetlands, and their shorelines and buffer
zones; saltwater shorelines, beaches, bluffs, and all of Tulalip Bay;
slopes over 15% or otherwise subject to slope instability, potential
landslide or significant erosion; special soil types including hydric
soils, soils unsuitable for building foundations and road beds, essential
habitat for animal and/or plants considered culturally important to
the Tribes, especially Fish, Eagles, Hawks, Falcons, Owls, Deer, Bear,
and Cedar and Ironwood (Holodiscus discolor). The area within the berms
of the closed landfill located within original Tulalip allotments T91
and T92 (now T507) is not included within the definition of Environmentally
Sensitive Lands.
23.3 Identification and Mitigation: Any proposed use and occupancy
permit, conditional use permit, variance, or subdivision approval for
development which would impact environmentally sensitive lands shall
be permitted only after the exact location of environmentally sensitive
area(s) has been identified by the proponent of the development proposal,
a review of impacts to the environmentally sensitive area(s) is completed
and buffer requirements or other mitigation necessary for protection
of the sensitive lands have been established by the Executive Director
of the Department of Community Development consistent with this ordinance
and the text, goals, objectives, and policies of the 1994 Tulalip Comprehensive
Plan.
The Tribal
Wetland Inventory map (1993) may be used as a guide to locating streams,
lakes and wetlands on the Reservation, but precise boundaries of these
aquatic resources must be delineated by the applicant or proponent of
the development proposal or action upon request of the Executive Director.
23.4 Review: Notwithstanding any other provision of this ordinance,
the tribal decision maker may prohibit, or condition, development that
will have, or potentially will have, significant adverse environmental
impacts, upon or to environmentally sensitive lands. Conditions may
include mitigation requirements. The Executive Director may require
the development to submit information and studies to allow a full and
complete review of the environmental impacts of such proposals, and
of the effectiveness and sufficiency of conditions and proposed mitigation
measures. The Executive Director may determine to permit such development
only after a thorough review of environmental impacts is completed,
and the Executive Director may impose conditions, mitigation and buffer
requirements that are consistent with this ordinance and the text, goals,
objectives and policies of the 1994 Tulalip Comprehensive Plan.
23.5 Wetlands
23.5.1
Definition "Wetlands" are defined as all lands of the
Tulalip Indian Reservation which are inundated or saturated by ground
or surface 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. Wetlands include,
but are not limited to, marine shorelines, swamps, marshes, bogs, fens,
and open bodies of freshwater. The area within the berms of the closed
landfill located within original Tulalip allotments T91 and T92 (now
T507) is not included within the definition of wetlands.
Wetlands
on the Tulalip Reservation include all areas waterward from the wetland
edge. If the vegetation has been removed, a wetland shall be determined
by the presence of hydric soils. Regulated wetlands do not include artificial
wetlands intentionally constructed from non-wetland sites, including,
but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, stormwater detention facilities, wastewater treatment facilities,
farm ponds, and landscape amenities. Wetlands created, restored, or
enhanced as part of an approved mitigation plan are considered to be
regulated wetlands.
23.5.2
Wetland Categories: The following wetland categories shall be established:
(a) Critical
Value Wetlands (Category I): Those lands which meet any
one of the following six criteria:
(i)
The presence of species (plant, animal, or fish) listed by the Tulalip
Tribes or other resource management agencies as threatened or endangered,
or the presence of critical habitat documented by the Tulalip Tribes
for those species.
(ii)
Regionally rare and unique native wetland communities, including
sphagnum bogs and fens, and estuarine wetlands.
(iii)
Wetlands having direct impact on the protection and production of
Tribal Fisheries enhancement projects as identified by the Tulalip
Department of Environment.
(iv)
Wetlands having cultural and/or spiritual significance to Tulalip
tribal members.
(v)
Irreplaceable wetland systems performing critical ecological functions.
(vi)
Wetlands having exceptional habitat value and diversity as defined
by the following characteristics: (a) those wetlands equal to or
greater than 5 acres in size and having three or more wetland classes,
one of which is open water; or (b) wetlands having 40 to
60 percent permanent open water in dispersed patches with two or
more wetland classes and connected to another habitat area, either
upland or aquatic, via a stream or vegetated corridor.
(b) High
Value Wetlands (Category II): Wetlands classified as "High
Value Wetlands" perform important ecological functions. These
systems include all of those wetlands which do not meet the criteria
for "Critical Value Wetlands", but fulfill any of
the following criteria:
(i)
Wetlands having documented habitat, recognized by the Tulalip Tribes
or other resource management agencies, for sensitive or priority
plant, animal, or fish species.
(Ii)
Wetlands with significant functions which can not be adequately
replicated though creation or restoration efforts.
(Iii)
All riparian wetlands not meeting criteria defined for "Critical
Value Wetlands".
(c) Moderate
Value Wetlands (Category III): Those lands which are of minimum
habitat value, are suitable for restoration or enhancement efforts,
and satisfy no "critical" or "high" value criteria.
Those lands may be characterized by the following features:
(i)
monotypical vegetation of similar age class;
(ii)
hydrologically isolated systems lacking special habitat features
(snags, open water component, nesting habitat, large woody debris,
etc.);
(iii)
areas which are highly disturbed by human interference and/or contaminated
by waste disposal.
23.6 Streams
23.6.1
Definition. "Streams" refer to those areas of the Tulalip
Reservation where surface waters have sufficient flow to produce a defined
channel or bed. A channel or bed does not have to contain water year-round
to indicate the presence of a stream. A "stream" does not
include areas identified as artificial watercourses (constructed stormwater
drainage systems) unless they are used to convey class 1 or 2 streams
that occurred naturally prior to construction of the artificial drainage
network.
(a) Class
1 Stream. "Class 1 stream" means all streams that flow
year round during years of normal rainfall or are used by salmonids.
(b) Class
2 Stream. "Class 2 stream" means all streams that are
intermittent or ephemeral during years of normal rainfall and are
not used by salmonids.
23.7. Buffers
23.7.1
Definition. "Buffers" refer to the zone contiguous with
a sensitive area that is required to protect and maintain the functions
and structural stability of an aquatic environment. The critical functions
of a buffer associated with an aquatic system (riparian buffers) include,
but are not limited to, shading, the existence of organic debris and
course sediments, uptake of nutrients, stabilization of banks, interception
of fine sediments, storage of overflow during high water events, protection
from disturbance by humans and domestic animals, preservation of wildlife,
fish and plant habitat, preservation of wildlife migration corridors,
and room for slight variation of aquatic system boundaries over time
due to hydrologic or climatic effects.
The critical
functions of terrestrial buffers include, but are not limited to, protection
of slope stability, protection from disturbance by human and domestic
animals, attenuation of surface water flows from stormwater runoff and
precipitation, and erosion control.
The required
buffer width for freshwater wetlands or streams shall be dependent upon
the class of the wetland or stream. The following buffer requirements
shall apply to all freshwater wetlands and streams on the Tulalip Reservation:
23.7.2
Freshwater Wetland Buffers
(a) Critical
Value Freshwater Wetlands. Buffer 200 feet. No development shall occur
within a 200 foot undisturbed buffer of natural vegetation around
critical value wetlands. An alteration of buffer requirements may
be approved by the Executive Director based on a watershed analysis
and review by the Department of Environment.
(b) High
Value Wetlands. Buffer 100 feet. No development shall occur within
a 100 foot undisturbed buffer of natural vegetation around high value
wetlands. An alteration of buffer requirements may be approved by
the Executive Director based on a watershed analysis and review by
the Department of Environment.
(c) Moderate
Value Wetlands. Buffer 50 feet. A 50 foot buffer shall be established
around moderate value wetlands. No structures or other impervious
surfaces or septic systems shall be allowed within the 50 foot buffer.
Yards, gardens, decorative shrubs and trees and similar plantings
and activities associated with single family residential development
may be allowed within the 50 foot buffer. An alteration of buffer
requirements may be approved by the Executive Director based on a
watershed analysis and review by the Department of Environment.
23.7.3
Wetland Buffer Enhancement. "Buffer Enhancement" may include,
but is not limited to, planting of appropriate multi-layered native
vegetation (forb-grassy layer, shrub layer, tree layer), restriction
of approved uses within the buffer, and use of appropriate best management
practices to minimize impacts to water quality and resource values.
23.7.4
Wetland Buffer Mitigation. Any wetland created as compensation for
approved wetland alterations shall have the minimum buffer required
for the new classification the created wetland. Enhancement of setback
areas may not be counted as mitigation credits for approved alterations.
Wetlands constructed for management of stormwater runoff are exempt
from buffer requirements.
23.7.5
Uninventoried Wetlands. Uninventoried wetlands shall be evaluated
by the Department of Environment to determine an appropriate rating
for the site. The minimum buffer requirements as listed above shall
apply to the wetland.
23.7.6
Stream Buffers
(a) Class
1 Streams: Class 1 streams shall have a minimum of a 200 foot
buffer of natural vegetation on both sides of the channel. The buffer
width shall be a horizontal distance measured from the ordinary high
water mark of the stream channel. No septic systems shall be placed
within 200 feet of a Class 1 stream.
(b) Class
2 Streams: Class 2 streams shall have a minimum of a 50 foot buffer
of natural vegetation on both sides of the channel. The buffer width
shall be a horizontal distance measured from the ordinary high water
mark of the stream channel. No septic systems, livestock, or building
structures shall be placed within 100 feet of a Class 2 stream.
23.7.7
Streams and Riparian Wetlands. All streams constrained by riparian
wetlands shall apply the wetland buffer requirement unless stream buffer
requirements are more restrictive.
23.7.8
Wetland Alterations: Alterations to a wetland or its buffer shall
be prohibited without a use and occupancy permit. No impervious surfaces
or topographic changes that would adversely affect wetland hydrology
shall be permitted within the approved buffer width.
23.7.9
Approved Activities within Wetlands and Wetland Buffers. Approved
alterations may be allowed with a use and occupancy permit for the following
activities:
(a) Yards,
gardens, decorative shrubs and trees, and similar plants and activities
associated with single family residential development may be allowed
within buffer areas established for moderate value wetlands.
(b) A
wetland or its buffer may be altered to the minimum extent necessary
to gain access to developable property or to use high and moderate
value wetlands when no other reasonable alternative access exists.
Alterations shall require compensation through an approved mitigation
plan before the proposed access or use is allowed.
(c) A
use and occupancy permit to develop trails designed for passive recreation
or educational purposes within a wetland may be issued on a case-by-case
basis by the Executive Director based upon a recommendation from the
Tulalip Department of Environment. Tribal members are allowed access
to, and through, all wetland sites used for spiritual ceremonies.
(d) A
use and occupancy permit for placement of public and private utility
corridors within buffers on all wetland categories and within moderate
value wetlands shall be issued on a case-by-case basis by the Tulalip
Department of Environment. Proposals to place utility corridors within
critical value wetlands or high value wetlands are not encouraged,
and require review by the Executive Director, based on a review by
the Tulalip Department of Environment.
(e) Logging
associated with forestry practices in wetlands and their associated
buffers shall be analyzed on a case-by-case basis for impacts to the
watershed. The analysis shall be completed by the Department of Environment
and shall include recommended buffer widths adjacent to streams and
wetlands to adequately maintain water quality and fish habitat.
23.8 Marine Shorelines:
23.8.1
Definition. "Marine Shorelines" shall include the coastal
area along the Puget Sound to include tidal and intertidal areas, bay
areas, beaches, backshore areas, pocket beaches, accretion beaches,
estuaries, erosional bluffs, feeder bluffs, coastal wetlands, kelp beds,
and other critical saltwater and brackish water habitats associated
with the Puget Sound. The marine shorelines of the Tulalip Reservation
are inventoried as estuarine wetlands and are considered to be critical
resource value lands. However, because the coastal shoreline environments
of the Tulalip Reservation have distinct physical characteristics and
land use concerns different from those associated with the freshwater
wetland systems, specific restrictions governing development in, and
adjacent to, the marine shorelines are identified in this section.
23.8.2
Bulkheads: Replacement, repair, and the construction of new bulkheads
shall be prohibited unless a use and occupancy permit containing conditions
to minimize impacts to shoreline environments has been issued by the
Executive Director.
23.8.3
Beach Access Structures and Mechanisms: Roads, stair structures,
cables and other beach access structures or mechanisms shall be prohibited
unless a use and occupancy permit containing conditions to minimize
impacts to shoreline environments has been issued by the Executive Director.
23.8.4
Docks and Piers: Construction and repair of docks and piers shall
be prohibited unless a use and occupancy permit has been issued by the
Executive Director to minimize impacts to shoreland environments.
23.8.5
Principles and Practices: The following principles and practices
shall be employed in designing and reviewing all development proposals
on shorelands.
(a) Bulkheads
shall be constructed only where there is a proven hazard to developed
property by wave action.
(b) Access
structures shall minimize slope disturbance and care shall be taken
to prevent any further slope instability.
(c) Where
bulky access structures, such as stair towers, are the only alternative
for access, shared access structures shall be encouraged to minimize
disturbance to the beach environment.
(d) All
structures in the shoreline environment shall be constructed of materials
which do not release toxic substances into the water and shall be
designed to blend into the natural shoreland environment.
(e) Any
construction and grading activities in the beach environment shall
not impact shellfish beds.
23.9 Steep Slopes:
All slopes
greater than 15% shall be governed by this section to protect the health,
safety, and welfare of citizens and to protect the environment against
unsafe and unnecessary degradation.
23.9.1
Design and Review: The following principles and practices are to
be employed in designing and reviewing all subdivision and/or development
projects on steep terrain on the Tulalip Reservation.
(a) Where
development is proposed on slopes greater than 15%, the Executive
Director may apply development standards and/or conditions that serve
to mitigate adverse impacts to the natural or built environment. The
Executive Director may require a soil or slope engineering study to
determine adverse impacts. Conditions or requirements may include
special site design, structural standards, erosion control measures,
clearing and grading plans, reduced scale and densities or other measures
necessary to protect life and property.
(b) Site
disturbance shall be severely limited or prohibited on slopes exceeding
45%, or on slopes determined to be unstable and where slope failures
have occurred or are likely to occur. At a minimum, a 50 to 100 foot
building setback from the top of slopes exceeding 45% shall be required.
(c) Clearing
on steep slopes or buffer areas shall be minimized and measures employed
to stabilize and revegetate these slopes shall be taken following
disturbance.
24.0 CULTURALLY SENSITIVE LANDS
24.1
Definition: Important archaeological and spiritual sites, historical
buildings, monuments, cemeteries, and other significant sites contributing
to the local Indian history and important to the continuance of the
Tulalip Tribes' identity and culture.
24.2 Purpose: To preserve and protect those archaeological, historic,
and spiritual sites important to the continuance of the Tulalip Tribes'
identity and culture.
24.3 Identification of Cultural Resources: The Executive Director,
after consultation with the Tribes Cultural Resource Specialist shall
have the authority to map and designate lands as culturally sensitive.
Currently identified culturally sensitive lands are listed in the 1994
Comprehensive Plan, but may also include those areas that are confidential
and known only to Tribal members. The Executive Director may designate
and treat a site as culturally sensitive consistent with the definition
contained in this ordinance regardless of whether it has been previously
mapped and designated as such.
24.4 Confidentiality: A "Map of Culturally Sensitive Lands"
shall be held by the Tulalip Tribes. A map indicating the location of
sites that are confidential and known only to Tribal members shall also
be held by the Tulalip Tribes, subject only to in camera review
by the Planning Commission, Board of Directors or Tribal Court in the
event of appeals.
24.5 Buildings and Structures: A 100-200 foot buffer requirements
may be established by the Executive Director, after consultation with
the cultural resources specialist, for all development proposals adjacent
to historically significant buildings or structures.
24.6 Natural Areas: Those cultural areas that derive their special
significance from their natural character or pristine state shall be
protected from adverse impacts by a buffer to be established by the
Executive Director, after consultation with the cultural resources specialist,
which buffer shall not exceed 500 feet.
24.7 Archaeological Sites: Significant archaeological sites shall
be protected by a buffer to be established by the Executive Director
after consultation with the cultural resources specialist, which buffer
shall not exceed 500 feet.
24.8 Variance: Variances to buffer requirements established in
this section may be granted only after a formal review and recommendation
by the Department of Environment and issuance of a variance by the Executive
Director of the Department of Community Development pursuant to Section
31.0.
25.0 GENERAL CONDITIONS
The following
general conditions shall apply to all lands within the exterior boundaries
of the Tulalip Indian Reservation:
25.1 Construction Practices:
Erosion
measures which are sufficient to prevent sediment transport to surface
waters shall be employed during any construction or grading activities
within the exterior boundaries of the Tulalip Indian Reservation. Where
sensitive lands are impacted by proposed development, stormwater management
and erosion control plans shall be required. Any practices employed
shall meet the Department of Ecology's Stormwater Management Program
guidelines.
25.2 Hydraulic Projects (Excluding Bridges):
No hydraulic
projects, including but not limited to culverts, fill, diversions or
waterwheels, shall occur in any streams, wetlands, or marshes within
the exterior boundaries of the Tulalip Indian Reservation without review
by the Tulalip Department of the Environment and issuance of a use and
occupancy permit by the Executive Director containing conditions that
minimize impacts to fish and wildlife habitat, and drainage and flood
control.
25.5 Bridges: Bridges on the Tulalip Indian Reservation shall
be prohibited unless in conformance with the following procedures:
(a) A
use and occupancy permit issued by the Executive Director shall be
required prior to construction of any bridge within the exterior boundaries
of the Tulalip Indian Reservation.
(b) Bridge
construction shall occur within a time frame identified in writing
by the Tulalip Tribes.
(c) Bridge
maintenance or replacement shall occur only after written consent
has been obtained from the Tulalip Tribes.
26.0 SIGNS
26.1
Signs not in conformance with the standards and limitations contained
this section shall be prohibited in all zones.
26.2 Signs Advertising Commercial or Industrial Activities and Uses:
One free-standing sign and no more than two signs attached to the principal
structure, may be erected for each use within a commercial or industrial
zone. Freestanding signs allowed shall not exceed 16 feet in height
or 350 square feet in size, unless a conditional use permit is first
obtained and conditions imposed that address adverse impacts to aesthetics,
light and glare.
26.3 Signs Identifying Uses within a Shopping Center, Business or
Industrial Park: One freestanding sign identifying an on-premises
complex of commercial, industrial, or business park buildings and uses
such as a shopping center may be erected at each major entrance to the
complex of uses, not to exceed 500 square feet in size. The sign shall
not exceed 16 feet in height, unless a conditional use permit is first
obtained and conditions imposed that address adverse impacts to aesthetics,
light and glare.
26.4 Billboards: No free standing billboards advertising products,
off-reservation business, use, or activity shall be permitted on the
Tulalip Reservations.
26.5 Other Signs One free standing sign and two signs attached
to the principal structure identifying recreational, religious, cultural,
neighborhood commercial, educational, health care or governmental facilities
may be erected in zones where such uses are permitted provided the signs
does not exceed 32 square feet in size. Freestanding signs shall not
exceed 16 feet in height, unless a conditional use permit is first obtained
and conditions imposed that address adverse impacts to aesthetics, light
and glare.
26.6 Obstruction of Vision: No sign shall be placed in a position
that obstructs the vision of any motorist traveling or entering a public
or private right-of-way, or in any way constitutes a traffic hazard.
26.7 Artificial Lighting: Artificial lighting of signs shall
be hooded or shaded so that direct light of lamps will not result in
glare when viewed from surrounding properties or rights-of-way. Flashing
or blinking lights will be permitted by conditional use permit.
26.8 Temporary Signs: Signs advertising temporary activities,
such as the sale and rent of premises, elections, and events shall be
allowed, provided they are removed when the purpose for which the sign
was erected has terminated.
26.9 Prohibition of Signs on Utility Poles: No signs, temporary
or otherwise, shall be allowed on utility poles on the Tulalip Reservation.
27.0 HOME OCCUPATIONS
27.1
Home occupations that do not conform to the limitations in this section
shall be prohibited in all zones.
27.2 Incidental and Subordinate: The use of the dwelling unit
for a home occupation shall be clearly incidental and subordinate to
its use for residential purposes.
27.3 Traffic Limitations: No traffic shall be generated by such
home occupation in greater volumes than 15 Average Daily Trips (ADT)
in any residential neighborhood, and any need for parking generated
by the conduct of such home occupation shall be met off the street.
28.0 MOTHER-IN-LAW UNITS
28.1
Applicability: Mother-in-law units that do not conform to the limitations
in this