Chapter 17.38 — STREAM CORRIDOR DEVELOPMENT

This Chapter provides standards for development adjacent to Jackson Creek and other significant streams throughout the City to:

• A. Provide appropriate buffer areas between proposed development and Jackson Creek and other designated stream corridors, to protect valuable environmental, scenic, and recreational resources; and

• B. Protect the public health, safety, and welfare.

The provisions of this Chapter apply to property adjoining the Jackson Creek, its tributaries and any other significant stream in the City of Jackson.

Land use permit and subdivision applications for projects on parcels that include a 100-year floodplain or are located within 100 feet of a 100-year floodplain shall include all information and materials required by Section 17.70.040 (Application Preparation and Filing) and shall show 100year floodplains, floodways, and base flood elevations in relation to the parcel. This flood information shall be certified by a registered engineer.

• A. Setback requirements. Proposed development shall be designed and constructed to provide the following minimum setbacks from adjacent waterways. See Chapter 17.220 (Definitions, Glossary) for definition of the 100-year floodplain referenced in this Chapter.

  1. Jackson Creek or its tributaries. Proposed structures shall be set back from adjacent streams as follows:

     • a. Structures proposed on parcels with an average depth of 175 feet or more shall be set back a minimum of 50 feet from the edge of the 100-year floodplain of any stream;

     • b. The required stream setback for structures proposed on parcels with an average depth of less than 175 feet shall be determined by the following formula, except that no setback shall be less than 20 feet:

Required setback in feet = 50 - (175 - parcel depth).

For example, a structure proposed on a parcel with a depth of 163 feet would have a required setback of 38 feet (50 - (175 - 163) = 38).

• c. Structures proposed adjacent to streams for which the 100-year floodplain has not been determined or mapped, shall be set back a minimum of 100 feet from the centerline of the stream channel.

• d. Structures proposed adjacent to streams that have been channelized by manmade improvements prior to the adoption and effective date of this Development Code shall

be set back a minimum of 20 feet from the improvements. Channelized shall mean improvements that have altered and replaced the natural alignment of the stream.

2. Setback reduction in RS district. The required setback from the 100-year floodplain of the Jackson Creek, tributaries and other streams may be reduced in the residential zoning districts based on the averaging of the setbacks of structures on adjoining parcels, where 25 percent or more of the parcels in any one block have been improved with structures as of the effective date of this Development Code. In these cases, proposed structures shall be set back from the edge of the 100-year floodplain by no less than the average of the setbacks of the existing structures on the block.

3. Variances. Setback requirements may be decreased if a Variance is approved by the Building Official in compliance with Chapter 17.82 (Variance and Historic Variances). Approval of the Variance shall be based on findings consistent with the purpose and intent of this Chapter and with Chapter 17.82 (Variances and Historic Variances).

4. Bridges and drainage structures. Bridges, crossings, and drainage structures and facilities may be allowed in the required setback if approved by the City Engineer and approvals are obtained from all agencies with permitting authority.

• B. Use of setback areas.

  1. Structures. Fences and other structures, parking access, parking space(s), paved areas (not including trails, paths, walkways, and small sitting areas), or swimming pools, shall not be constructed within required setbacks.

2. Grading and landscaping. Grading or filling (not including trails, paths and walkways, and small sitting areas not exceeding 300 square feet), planting of exotic/nonnative or nonriparian plant species, or the removal of native vegetation except for fire safety, shall not be permitted within a setback area.

   3. Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth tone concrete, and native landscaping.

   4. Allowed projections. Architectural features may extend beyond the wall of the structure and into the setback area in compliance with the following:

      • a. Balconies, bay windows, and other cantilevered features may extend five feet into the setback area;

      • b. Canopies, cornices, eaves, and roof overhangs may extend five feet into the setback area;

      • c. Decks and porches, which may be roofed but is otherwise unenclosed, may extend six feet into the setback area provided any foundation, piers, supports, or other structural connections to the ground comply with the required setback.

• C. Flood hazard areas. Development proposed in areas of flood hazard shall comply with the floodplain regulations in Chapter 17.34 (Floodplain Management).

• D. Drainage easements. Uses and activities set forth in subsection B shall not be permitted within open space easements created for waterways, or within drainage easements established and shown on subdivision maps.