Chapter 23.10
SHORELINE MASTER PROGRAM
Sections:
23.10.005 Organization.
Part I. Introduction
23.10.010 User guide.
23.10.015 Objectives of this master program.
23.10.020 Adoption authority.
23.10.025 Applicability.
23.10.030 Relationship to other codes and ordinances.
23.10.035 Procedures.
23.10.040 Policies and regulations.
23.10.045 Definitions.
Part II. Goals and Policies
23.10.050 User guide.
23.10.055 Adoption by reference.
23.10.060 Shoreline use element goals and policies.
23.10.065 Economic development element goal and policies.
23.10.070 Circulation element goal and policies.
23.10.075 Public access element goal and policies.
23.10.080 Recreational element goal and policies.
23.10.085 Conservation element goal and policies.
23.10.090 Historical/cultural element goal and policies.
23.10.095 Urban design element goal and policies.
Part III. Environmental Designations
23.10.100 User guide.
23.10.105 Adoption criteria.
23.10.110 Map adopted by reference.
Part IV. Use Regulations
23.10.115 User guide.
23.10.120 Shoreline uses, developments and activities.
23.10.125 Flexibility with a shoreline conditional use permit.
23.10.130 General regulations – Environmentally sensitive areas and critical areas.
23.10.135 General regulations – Historical and archeological resources.
23.10.140 General regulations – Parking.
23.10.145 General regulations – Public access.
23.10.150 Use regulations – Detached dwelling units.
23.10.155 Use regulations – Mixed-use commercial.
23.10.160 Use regulations – Moorage structures and facilities.
23.10.165 Use regulations – Railroads.
23.10.170 Use regulations – Ferry terminals.
23.10.175 Use regulations – Utilities, government facilities, and transportation systems.
23.10.180 Use regulations – Public parks and public recreation facilities.
23.10.185 Use regulations – Public access pier or boardwalk.
23.10.190 Use regulations – Bulkheads and similar structures.
23.10.195 Use regulations – Breakwaters and similar structures.
23.10.200 Special regulations – Dredging.
23.10.205 Special regulations – Filling.
23.10.210 General regulations – Land surface modification.
23.10.215 Special regulations – Authority of the city.
23.10.220 Special regulations – Nonconformance.
Part V. Appendices
23.10.230 Map of shoreline environments and jurisdictions.
23.10.235 Calculating average grade level.
23.10.240 Calculating average parcel depth.
23.10.245 Calculating waterward view corridor.
23.10.250 Interpretations of this master program.
23.10.005 Organization.
This chapter is divided into the following five parts, consistent with the material to be included within a master program as established in Chapter 173-16 WAC:
A. Part I, ECDC 23.10.010 through 23.10.045, contains basic and general information regarding the shoreline master program.
B. Part II, ECDC 23.10.050 through 23.10.095, contains the city's goals and policies with respect to the seven program elements established in Chapter 173-16 WAC.
C. Part III, ECDC 23.10.100 through 23.10.110, contains information regarding the different shoreline environments to be found within the city.
D. Part IV, ECDC 23.10.115 through 23.10.220, contains regulations that apply to the various uses, developments, and activities that are regulated under the shoreline master program.
E. Part V, ECDC 23.10.230 through 23.10.250, contains appendices pertaining to this chapter. [Ord. 3318 § 3, 2000].
Part I. Introduction
23.10.010 User guide.
This part, ECDC 23.10.010 though 23.10.045, contains basic information regarding the applicability of the shoreline master program, the relationship of the shoreline master program to other documents, and how to use the shoreline master program. It also contains the definitions that will be used throughout the shoreline master program. [Ord. 3318 § 3, 2000].
23.10.015 Objectives of this master program.
This master program, in harmony with the Shoreline Management Act of 1971, is based on the philosophy that the shorelines of the state and our city are among the most valuable and fragile resources that we possess. The Shoreline Management Act made clear that there is a great public concern regarding the use, protection, restoration, and preservation of these shorelines, which concern is the premise of this master program. In recognition of private property rights, local public opinion, existing realities, and the necessary coordination between several levels of government, this program represents an approach toward the enhancement of shorelines rather than the restriction of their use. [Ord. 3318 § 3, 2000].
23.10.020 Adoption authority.
This chapter, Chapter 23.10 of the Edmonds Community Development Code, is hereby adopted as the shoreline master program for the city of Edmonds. It is adopted under the authority of Chapter 90.58 RCW and Chapter 173-16 WAC, as now or hereafter amended. [Ord. 3318 § 3, 2000].
23.10.025 Applicability.
Pursuant to RCW 35.21.160, the regulations of this chapter apply to all shorelines of statewide significance within the city and to the waters and underlying land of the Puget Sound extending to the middle of Puget Sound from the shoreline of the city between the northern and southern limits of the city. These regulations do not apply to any portion of a 100-year floodplain in the city that does not otherwise meet the definition of shoreline. [Ord. 3318 § 3, 2000].
23.10.030 Relationship to other codes and ordinances.
A. General. Most of the uses, developments, and activities regulated in this chapter are also covered by the Edmonds Community Development Code and various other provisions of city, state and federal laws. The applicant must comply with all applicable laws, prior to commencing any use, development, or activity of any property governed by this title.
B. Relationship to Other Plans. The shoreline master program has been developed as both a policy plan and a regulatory program. As such, the shoreline master program is a part of and was developed to be consistent with the city of Edmonds comprehensive plan and its component elements.
C. Relationship to the Edmonds Community Development Code. The Edmonds Community Development Code, Ordinance 2182, as amended, establishes specific and detailed regulations for most of the uses, development, and activities regulated in this chapter. The Edmonds Community Development Code and this chapter are intended to operate together to produce coherent and thorough shoreline regulations. Uses, developments and activities must comply with both the Edmonds Community Development Code and shoreline master program in all cases. If there is a conflict between the two, the more restrictive applies. [Ord. 3318 § 3, 2000].
23.10.035 Procedures.
Please see Chapters 20.55 and 20.100 ECDC for the procedures that the city will use to administer, implement and enforce the shoreline master program within the city, including the procedures that apply to substantial development permits, shoreline conditional use permits, and shoreline variances. [Ord. 3318 § 3, 2000].
23.10.040 Policies and regulations.
It is the intent of the city that regulations contained within Part IV (ECDC 23.10.115 through 23.10.220) of this chapter are mandatory in nature and that a use, development, or activity is not allowable unless it specifically complies with each applicable provision within Part IV. The goals and policies in Part II (ECDC 23.10.050 through 23.10.095) of this chapter are intended to form the policy for shoreline uses, developments, and activities, as the basis of the regulations in Part IV and to assist the city in determining whether to grant, modify and grant, or deny each proposed use, development, or activity. [Ord. 3318 § 3, 2000].
23.10.045 Definitions.
A. Adoption by Reference. The definitions in Chapter 90.58 RCW and Chapters 173-16 and 173-27 WAC as now or hereafter amended are hereby adopted by reference and apply in this chapter of the Edmonds Community Development Code unless, from the context, another meaning is clearly intended. If there is a difference in definition of a term between Chapter 90.58 RCW and Chapters 173-16 and 173-27 WAC, the more detailed definition shall be applied, unless the difference constitutes an inconsistency, in which case the definitions supplied by Chapter 90.58 RCW shall apply.
B. Additional Definitions. In addition to the definitions adopted by reference above, the following definitions apply throughout this chapter of the Edmonds Community Development Code unless, from the context, another meaning is clearly intended:
005. “Abandoned” means knowing relinquishment of right or claim to the subject property or structure on that property.
010. “Accessory” means a use, activity, structure or part of a structure which is demonstrably subordinate and incidental to the main activity or structure on the subject property.
015. “Accessory building” means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot.
020. “Alteration(s)” means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another.
025. “Applicant” means a person who applies for any permit or approval to do anything governed by this code and who is either the owner of the subject property, the authorized agent of the owner, or the city.
030. “Appurtenance” means a structure or development which is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and also of the perimeter of any marsh, bog, or swamp. “Normal appurtenances” shall be defined in accordance with WAC 173-27-040(1)(g).
035. “Average grade level” means:
a. “Upland” means the average elevation of the topography prior to any development activity, at the center of all exterior walls of a building or structure.
Formula: Average Grade Level =
(Mid-pt Elev. x Length of Wall Seg.) + (Mid-pt Elev. x Length of Wall Seg.)...
(Length of Wall Segment) + (Length of Wall Segment)...
(See Part V, ECDC 23.10.235)
b. “Waterward” means the elevation of the ordinary high water mark.
040. “Average parcel depth” means the average of the distances from the ordinary high water mark to the street providing direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. (See Part V, ECDC 23.10.240)
045. “Average parcel width” means the average of the distances between side property lines as measured along the ordinary high water mark and the front property line.
050. “Backfill” means material placed into an excavated area, pit, trench or behind a constructed retaining wall, rockery or foundation.
055. “Boat launch or ramp” means graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device.
060. “Buoy” means a floating object anchored to the bottom of a water body.
065. “Breakwater” means an offshore structure generally aligned parallel to shore, sometimes shore-connected, that provides protection from waves.
070. “Building” means any structure having a roof, excluding all forms of vehicles even though immobilized.
075. “Bulkhead” means a retaining wall whose primary purpose is to hold or prevent the backfill from sliding while providing protection against light-to-moderate wave action.
080. “City” means the city of Edmonds, a municipal corporation.
085. “Commercial use” means an activity with goods, merchandise, or services for sale or rent.
090. “Comprehensive plan” means Ordinance 3030 as amended or, if repealed, its successor document, listing the goals and policies regarding land use within the city.
095. “Contour line” means a line on a map or on the earth representing a specific elevation above sea level or an elevation relative to a specific datum point.
100. “Critical areas” means fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, streams, and wetlands.
105. “Cross-section (drawing)” means a visual representation of a vertical cut through a structure or any other three-dimensional form.
110. “Dedication” means the deliberate appropriation of land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted.
115. “Development permit” means any permit or approval under this code or the ECDC that must be issued before initiating a use or development activity.
120. “Dock” means a structure designed to protrude overwater or float upon the water, and which is attached to the shoreline and is used for moorage or other water-related activity such as swimming or diving.
125. “Dredging” means removal of earth and other materials from the bottom of a body of water or from a wetland.
130. “Dredging spoils” means the earth and other materials removed from the floor of a body of water or wetland by the dredging process.
135. “Dry land” means the area of the subject property landward of the ordinary high water mark.
140. “Dwelling unit” means a building providing complete housekeeping facilities for one family. Dwelling unit does not include recreational vehicles or mobile homes.
145. “Dwelling unit, attached” means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or uses above or below it.
150. “Dwelling unit, detached” means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use.
155. “Dwelling unit, stacked” means a dwelling unit that has one or more horizontal walls in common with or adjacent to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses.
160. “ECDC” means the “Edmonds Community Development Code.”
165. “Easement” means land which has specific air, surface or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property.
170. “Edmonds Community Development Code (ECDC)” means Ordinance 2182 as amended or, if repealed, its successor document.
175. “Enhancement” means alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancements are to be distinguished from resource creation or restoration projects.
180. “Environmentally sensitive areas” means an area designated and mapped by a city under WAC 197-11-908, as now or hereafter amended. Certain categorical exemptions do not apply within environmentally sensitive areas (WAC 197-11-305 and 197-11-908, as now or hereafter amended).
185. “Erosion and deposition” means the removal of soils and the placement of these removed soils elsewhere by natural forces such as wind or water.
190. “Excavate(tion)” means the mechanical removal of soils and/or underlying strata.
195. “Feasible” means capable of being done, executed, affected or accomplished; reasonable assurance of success.
200. “Ferry terminal” means a combination of waterward and upland improvements providing the interface between public/private waterborne transportation and public/private ground transportation.
205. “Fill” means the placement of soil, sand, rock, gravel, existing sediment or other material (excluding solid waste) to create new land, tideland, or bottom land along the shoreline waterward of the ordinary high water mark or on wetland or upland areas in order to raise the elevation.
210. “Fill material” means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground.
215. “Float, recreational” means an offshore platform/buoy used for water-dependent activities such as, but not limited to, swimming and diving.
220. “Gabions” means structures composed of masses of rocks, rubble or masonry held tightly together, usually by wire mesh, so as to form blocks or walls; sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties.
225. “Government facility” means a use consisting of services and facilities operated by any level of government, excluding those listed separately in this code.
230. “Grading” means the physical manipulation of the earth's surface and/or drainage pattern in preparation for an intended use or activity.
235. “Haines Wharf” means Lots 7 through 11 in the plat of Meadowdale Tidelands.
240. “Hotel” means any building containing five or more separately occupied rooms that are rented out for sleeping purposes. A central kitchen and dining room and interior accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.
245. “Improvement” means any structure or manmade feature.
250. “Inner harbor line” means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution (see Part V, ECDC 23.10.230).
255. “Land surface modification” means the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in ECDC 18.45.030(E) shall not be deemed to be land surface modifications.
260. “Landscaping” means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation.
265. “Landward” means upland from the ordinary high water mark.
270. “Lot” means a single tract of land legally created as a separate building site with frontage on a street or access easement. For purposes of this code the area of the lot used to calculate lot area shall be the area of the lot which is upland of the OHWM and adjoining lots under common ownership which were created without subdivision or short subdivision approval from applicable city or county governments. This lot area shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements.
275. “Marine launcher” means a mechanical device that can hoist vessels off trailers and transport them into the water and often associated with dry land moorage facilities.
280. “Master plan” means a complete development plan for the subject property showing placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation.
285. “Mean sea level” means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers.
290. “Minor appurtenant building” means minor buildings associated with overwater structures including but not limited to the following: storage buildings less than 150 square feet in area, ferry terminal passenger shelter, covered moorage, etc.
295. Mixed-Use Commercial. “Mixed-use developments” are shoreline developments which combine more than one separate but related activity into a coordinated package. Activities usually include one or more water-dependent uses with non-water-dependent uses. Drive-in businesses are not permitted.
300. “Moorage” means a place to tie up or to anchor a waterborne craft.
305. “Mooring buoy” means a floating object anchored to the bottom of a water body that provides tie up capabilities for waterborne craft.
310. “Moorage facility” means a pier, dock, dolphin, buoy or other structure providing docking or moorage space for waterborne craft.
315. “Motel” means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names.
320. “Multimodal terminal (facility)” means a terminal (facility) designed for the co-location of transportation loading and unloading by multiple forms of transportation including land, water or rail.
325. “Nonconformance” means any use, structure, lot, condition, activity, or any other feature or element of private property or the use or utilization of private property that does not conform to any of the provisions of this code or that was not approved by the city through the appropriate decision-making process required under this code.
330. “Office (use)” means a place of employment in a building or separately defined space within a building providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: medical, dental, or other health care; veterinary; banks, loan companies and similar financial institutions.
335. “Off-street parking” means motor vehicle parking facilities within the lot area of a private lot or public lot established for that purpose.
340. “Official newspaper of the city” means the publication designated by ordinance or resolution to contain official newspaper publications for the city government.
345. “Official notification boards of the city” means the bulletin boards in the public areas of the city of Edmonds Community Services Building, the Edmonds Main Post Office Branch, and the Edmonds Public Library.
350. “OHWM” means ordinary high water mark (see ECDC 23.10.045(360)).
355. “Open space” means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils.
360. “Ordinary high water mark” means as defined in RCW 90.58.030(2)(b), as now or hereafter amended.
365. “Oriented” means facing or directed toward.
370. “Outer harbor line” means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution (see Part V, ECDC 23.10.230).
375. “Parking area” means any area designed and/or used for parking of vehicles.
380. “Parking space” means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.
385. “Pedestrian orientation” pertains to facilities which encourage pedestrian movement and are designed and oriented toward use by pedestrians.
390. “Pier” means a fixed structure which abuts the shoreline and is used for moorage or other water-related activities such as fishing, swimming and diving.
395. “Planning division” means the planning division of the community services department of the city of Edmonds.
400. “Planning manager” means the manager of the planning division of the city of Edmonds or the acting manager of that division.
405. “Planning official” means the manager of the planning division or his/her designee.
410. “Port” means a special purpose unit of local government created for the purpose of managing port-related lands, facilities and activities. For the purposes of this document, “port” refers to the port of Edmonds and its facilities and operation.
415. “Property line” means those lines enclosing a lot, its developable area and those lines defining a recorded vehicular access easement. The following are categories of property lines:
a. “Front property line” is any property line that is adjacent to a street or easement more than 20 feet in width, except that the Burlington Northern right-of-way shall not be considered a front property line.
b. “Rear property line” is any property line that is farthest from and essentially parallel to a front property line except on a lot which contains two or more front property lines.
c. “Side property line” is any property line other than a front property line or a rear property line.
d. Ordinary High Water Mark. See ECDC 23.10.045(360) for definition.
420. Public Access. “Shoreline public access” is the physical ability of the general public to reach and touch the water's edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails (including disabled), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and other similar facilities or locations.
425. “Public access pier or boardwalk” means an elevated structure or floating structure which is constructed waterward of the ordinary high water mark and intended for public use.
430. “Public park” means an area provided by a unit of government to meet the active or passive recreational needs of people in the water and on the upland shoreline.
435. “Public right-of-way” means land dedicated to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels and or public waterborne transportation. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices.
440. “Public use area” means a portion of private property that is dedicated to public use and which contains one or more of the following elements: benches, tables, lawns, gardens, piers, exercise or play equipment or similar improvements or features. These elements are to provide the public with recreational opportunities in addition to the right to traverse or stand in this area.
445. “Public utility” means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, waste water treatment, storm water treatment, electric power, telephone, cablevision, gas, and transportation for persons and freight.
450. “Railroad right-of-way” means the land occupied by a railroad for its tracks, yard, buildings, and related structures.
455. “Required yard” means those areas adjacent to and interior from the property lines and involving the following designations (if two required yards are coincidental, the yard with the greater dimensions shall predominate):
a. Front: That portion of a lot adjacent to and parallel with any front property lines and at a distance therefrom equal to the required front yard depth.
b. Rear: That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth.
c. Side: That portion of a lot adjacent to and parallel with the side property line and at a distance therefrom equal to the required side yard depth. All yards not otherwise categorized shall be designated side yards.
d. Ordinary high water mark yard: That portion of a lot adjacent to and parallel with the ordinary high water mark and at a distance landward therefrom equal to the required ordinary high water mark yard depth.
460. “Restaurant” means a building where food is sold to the public for on-premises consumption or to go. It may include alcoholic beverage service only if under a Class “C,” “D,” or “H” state liquor license.
465. “Retail establishment” means a commercial enterprise which provides goods or services directly to the consumer and whose goods are available for immediate purchase and removal from the premises by the purchaser or whose services are traditionally not permitted within an office use.
470. “Shoreline conditional use” means a use or development which is specifically listed by this master program as a conditional use within a particular shoreline environment or a use which is not addressed by this master program within any shoreline environment.
475. “Shoreline Management Act (SMA)” means Chapter 90.58 RCW as now or hereafter amended.
480. “Shoreline master program (SMP), this” means the ordinance of the city of Edmonds adopted under authority of Chapter 90.58 RCW.
485. “Shoreline variance” means a procedure to grant relief from the specific bulk, dimensional or performance standards set forth in this master program, and not a means to allow a use not otherwise permitted within a shoreline environment.
490. “Silt or sediment” means the soil particles mobilized and deposited by the processes of erosion and deposition.
495. “Street” means the public or private right-of-way or access easement which provides vehicular access to more than three lots.
500. “Structure” means anything which is built or constructed; an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner. Not included are fences less than six feet in height, retaining wall, rockeries, and similar improvements of a minor character less than three feet in height.
505. “Structural alterations” means any change in a supporting member of a building or structure.
510. “Subject property” means the entire lot, series of lots or parcels on which a development or use is or will locate and that is otherwise subject to the provisions of this code. For the purposes of this chapter, land leased from the Department of Natural Resources, which is contiguous to the applicant's property, shall also be considered the “subject property.”
515. “Use, development and/or activity” means “development” as that term is defined in Chapter 90.58 RCW. “Use” also means the nature of the activities taking place on private property or within structures thereon.
520. “Vehicle holding area” means any area designated by the city or state for holding vehicles prior to loading onto a ferry.
525. “Water-dependent use” means a use or a portion of a use which is dependent on the water by reason of the intrinsic nature of its operations and can not exist in any other location. Examples of water-dependent uses may include ferry and passenger terminals, marinas and sewer outfalls.
530. “Water-enjoyment use” means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers, scuba diving facilities and other improvements facilitating public access to shorelines of the state; and general water-enjoyment uses may include but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed-use commercial; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the master program.
535. “Water-oriented use” refers to any combination of water-dependent, water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority under the SMA. “Non-water-oriented” serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multifamily residential development, department stores and gas stations.
540. “Water-related use” means a use or a portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:
a. Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
b. The use provides a necessary service supportive of the water-dependent commercial activities and that the proximity of the use to its customers makes its services less expensive and/or more convenient.
545. “Waterward” means toward the body of water.
550. “Wetlands” means as defined in Chapter 90.58 RCW. [Ord. 3318 § 3, 2000].
Part II. Goals and Policies
23.10.050 User guide.
This part, ECDC 23.10.050 though 23.10.095, establishes goals and policies for uses, developments and activities on the shorelines of the city. These goals and policies are categorized under the topic headings established in Chapter 173-16 WAC, as now or hereafter amended. [Ord. 3318 § 3, 2000].
23.10.055 Adoption by reference.
The city hereby adopts the policies enunciated in RCW 90.58.020, as now or hereafter amended. [Ord. 3318 § 3, 2000].
23.10.060 Shoreline use element goals and policies.
A. Goals. The goals of the city are to:
1. Allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development which meet the goals and policies of the Shoreline Management Act.
2. Provide performance and development standards for shoreline uses which achieve compatibility among activities.
3. Reserve shoreline and water areas particularly suited for specific and appropriate uses, especially water-oriented and water-dependent uses, for such uses whether they are existing or potential.
4. Establish and implement policies and regulations for shoreline use consistent with the Shoreline Management Act of 1971. These policies and regulations should insure that the overall land use patterns in shoreline areas are compatible with existing shoreline environment designations and will be sensitive to and not degrade habitat and ecological systems and other shoreline resources.
5. Ensure that proposed shoreline uses are distributed, located and developed in a manner that will maintain or improve the health, safety and welfare of the public.
6. Ensure that proposed shoreline uses do not minimize the rights of others or infringe upon the rights of private ownership.
7. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and functions as a result of past activities or catastrophic events.
8. Ensure that planning, zoning and other regulatory and nonregulatory programs governing lands adjacent to shoreline jurisdictions are consistent with SMA policies and regulations and the provisions of this SMP.
9. Encourage increased accessibility to the shoreline for a variety of users and activities.
B. Policies.
1. “Environmentally sensitive areas” and “critical areas” are to be protected and regulated consistent with the city's environmental review and critical areas regulations contained in Chapters 20.15A and 20.15B ECDC.
2. New uses and developments in shoreline areas that have established desirable development patterns should be designed to be compatible with those areas; provided the existing uses are consistent with the Shoreline Management Act and this document.
3. In shoreline areas without established development patterns and which are not unique or fragile, the city should allow for a wide range of development options consistent with the Edmonds Community Development Code within established limits to protect the public interest.
4. Overwater structures other than ferry terminal passenger shelters, docks, piers, walkways, breakwaters and other similar structures should be prohibited with the exception of minor appurtenant buildings, buoys, divers resting floats, and art sculpture.
5. Water-dependent uses should have priority over non-water-dependent uses in the shoreline area. Nonetheless, uses such as drydocks, boat yards, and similar marine enterprises are incompatible with the character of the majority of the shoreline area and should be limited to specific designated areas.
6. Uses in shoreline areas should not degrade water quality nor disrupt any more than is essential the land covered by water and the land area adjacent to the ordinary high water mark.
7. The pattern and distribution of land and water uses should be controlled and encouraged in order to enhance the shoreline natural systems, protect against their damage, and provide for their public use and enjoyment.
8. Multiple use of shorelines should be encouraged, with particular emphasis on the use of shorelines in “urban environments” which lends to the marine atmosphere of the Edmonds waterfront and which provides for shoreline use and enjoyment by large numbers of people for the purpose of discouraging the usurpation of the limited urban waterfront by any single use activity.
9. Shoreline use should be compatible with its site, in harmony with adjacent uses, and consistent with long-range comprehensive planning for waterfront use.
10. Uses which adversely alter or degrade the defined shoreline “natural systems” should be prohibited.
11. The rehabilitation of “natural systems” (e.g., the improvement in water quality, removal of beach obstructions, etc.) should be encouraged when opportune.
12. a. Shoreline use and development should be provided for through a process of review and analysis that gives priority to:
i. The protection and enhancement of the shoreline natural system;
ii. The provision for shoreline-dependent uses;
iii. The provision for shoreline-oriented uses; and
iv. The accommodation of necessary uses that are neither shoreline-dependent nor shoreline-oriented.
b. The priority system will recognize, but not be limited to, the following criteria:
i. Protect and enhance natural systems:
(A) Biological:
(1) Fish spawning, nursing, feeding areas, (beach, marshland, aquatic vegetation, submerged land) – critical area – for migrating fish;
(2) Waterfowl and water associated bird nesting, resting, feeding and nursery areas;
(3) Shellfish life – supporting areas;
(4) Upland mammal breeding, rearing and feeding areas;
(5) Upland plant growth areas (greenbelts, etc.);
(6) Aquatic (non-fish and non-shellfish) marine organisms life supporting areas; and
(7) Other.
(B) Geological:
(1) Bluff and landslide areas;
(2) Beaches and tidelands – shoals and coves;
(3) Marshland and slough areas;
(4) Streams and ravines;
(5) Below low water submerged lands – canyons, cliffs, rock reefs, sand or mud flats, etc.; and
(6) Other.
ii. Provide for shoreline-dependent uses, such as:
(A) Ferry and passenger terminals;
(B) Terminal and transfer facilities for marine commerce and industry;
(C) Marine and fresh water construction, dismantling and repair;
(D) Marinas – boats;
(E) Intakes and outfalls;
(F) Boat launch facilities;
(G) Shoreline recreation – including parks, bike and walking trails, beaches, etc.;
(H) Water-related recreation – including scuba diving, waterway trail system, fishing, and small craft boating;
(I) Marine and limnological research, interpretative and education;
(J) Piers and related facilities for the loading and unloading of petroleum products; and
(K) Other uses of like intensity and dependency. [Ord. 3318 § 3, 2000].
23.10.065 Economic development element goal and policies.
A. Goal. It is a goal of the city to encourage port facilities, tourist facilities, mixed use, commercial and light industrial development in specific and limited shoreline areas which enhance the public's access to the shoreline. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses. Where possible, the owner of uplands abutting pedestrian waterfront activities should be encouraged to provide public art and cultural amenities that promote aesthetic considerations.
B. Policies.
1. Mixed-use commercial and light industrial uses in the shoreline area should be permitted only where compatible with existing or planned shoreline and upland development, or where legal parcels of land can be aggregated to minimize the impacts from the mixed-use commercial or light industrial use.
2. Mixed-use commercial and light industrial uses should be permitted only where infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial or light industrial development.
3. Permitted mixed-use commercial and light industrial development in shoreline areas should enhance opportunity for the public to take advantage of shoreline amenities. Uses that support or enhance the opportunity for public access and compliment the cultural arts related to the shoreline should be encouraged. This might include uses wherein the public can view and enjoy the aesthetic qualities of the shoreline and vista beyond.
4. Development should only be permitted in any “environmentally sensitive area” or “critical area,” where the impacts to these areas are mitigated.
5. In shoreline areas where large tracts of land can be aggregated, some degree of flexibility is appropriate to allow for innovative and planned site design within parameters established by the city.
6. Incentives should be provided to encourage public and cultural art amenities on private property.
7. Economic benefits derived from wildlife, marine and fish habitats, public access, recreational scuba diving and tourism should be recognized and retained.
8. Priority should be given to those mixed-use commercial or light industrial uses which are water-dependent.
9. The potential adverse effects of mixed-use commercial and light industrial development on other activities should be minimized through local performance standards.
10. New shoreline light industrial and commercial development should be limited to that which is classified as water-dependent, water-related, or water-enjoyment uses and non-water-oriented uses which are not accessory to a water-oriented use should be discouraged and/or prohibited.
11. The recreational opportunities along the shoreline should be developed as an economic asset in a manner that will enhance the public enjoyment of the shorelines and in-water-related activities.
12. Commercial activities in shoreline areas should be operated with minimum adverse impact on the quality of the environment of the shoreline and adjacent areas.
13. A broad support that fosters arts-related enterprises and environment as a unifying theme in the commercial downtown waterfront area should be encouraged. [Ord. 3318 § 3, 2000].
23.10.070 Circulation element goal and policies.
A. Goals.
1. It is the goal of the city to provide for the safe and efficient movement of people and goods within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area with minimum disruption to the shoreline environment and minimum conflict between the different users.
2. It is the goal of the city to provide for emergency services access to the shoreline area.
B. Policies.
1. Railroad Avenue, Dayton Street, Main Street, Admiral Way, and Sunset Avenue, which provide access to and through the city's accessible downtown shoreline area, should be designed and regulated to safely accommodate the vehicular, bicycle and pedestrian traffic using these corridors, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Railroad Avenue and Admiral Way.
2. Whenever practicable, safe pedestrian and bicycle movement on and off roadways in the shoreline area should be encouraged as a means of personal transportation and recreation.
3. Where new streets are needed to serve uses in the shoreline area, these streets should be the minimum size necessary to provide safe and efficient vehicular, pedestrian and bicycle access, including access for emergency vehicles, to the properties to be served.
4. Public waterborne transportation linked to public and private forms of ground transportation should be encouraged to minimize auto usage, and to eliminate barriers between public waterborne transportation and ground transportation in conformance with the Americans with Disabilities Act.
5. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be provided for on publicly owned land and encourage the provision of such facilities on private property.
6. The provision for recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be encouraged on private property.
7. All transportation planning should be coordinated to provide efficient use and transfer between modes while minimizing the adverse environmental impacts of such facilities.
8. Circulation and transportation systems should be located, designed and developed with respect to existing and/or planned rail, highway and ferry facilities.
9. Public transit systems should be linked to the urban waterfront. [Ord. 3318 § 3, 2000].
23.10.075 Public access element goal and policies.
A. Goals.
1. It is a goal of the city to provide the maximum reasonable opportunity for the public to view and enjoy the amenities of the shoreline area, while assuring that such access does not contribute to intrusions upon private property, nuisance, personal danger, or over-burdening of fragile natural resources.
2. Prepare and implement a comprehensive public access plan that incorporates public access into new shoreline development and unifies individual public access elements into an organized system.
B. Policies.
1. The city should use street ends and other publicly owned or controlled land within the shoreline area as a means of providing additional safe public access to shoreline areas. When these types of areas are developed, the city should also provide for some associated limited off-street parking or public transportation connection in order to minimize impacts to surrounding properties.
2. The city should develop signage and informational programs which identify and explain unique scenic and cultural opportunities. Furthermore, the city should develop public information brochures and publications for distribution which identify all locations for public access to the shorelines, and underwater activities with information about each site location.
3. The city should maintain public shorelines, waterways and tidelands in public ownership for continued public access and use.
4. The city, where practicable, should acquire key shoreline parcels that become available; such parcels are those integral to necessary expansion of existing prime beach areas.
5. With principal access to tidelands existing at public beaches to the north and south, the city, where practicable, should acquire and develop safe convenient intermediate public access for pedestrian access and water access to and use of public tidelands and beaches.
6. Public pedestrian access for neighborhood use should be encouraged.
7. Art and cultural amenities should be provided along waterfront pedestrian corridors wherever practicable.
8. Public access will be considered in the review of all private and public developments (including land division) with the exception of one- and two-family dwelling units.
9. Developments, uses and activities on or near the shoreline should not impair or detract from the public's access to the water.
10. Public access should be provided as close as possible to the water's edge without adversely affecting a sensitive environment and, if feasible, should be designed with provisions for disabled and physically impaired persons.
11. Public access afforded by shoreline street ends, public utilities and rights-of-way should be preserved, maintained and enhanced.
12. Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy.
13. Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of vegetation which partially impairs views.
14. Visual access should be maintained, enhanced and preserved on shoreline street ends, public utilities and rights-of-way and within public “view corridors” as designated by the city. [Ord. 3318 § 3, 2000].
23.10.080 Recreational element goal and policies.
A. Goal. It is the goal of the city to provide substantial recreational opportunities for the public in shoreline areas through the preservation and expansion of these opportunities through programs such as acquisition, development and maintenance.
B. Policies.
1. The city should continue to acquire and develop park land within shoreline areas. The city should also, where feasible, develop street ends within the shoreline area to provide for public recreation. The nature and extent of recreational opportunities provided within the various lands in the shoreline area owned or controlled by the city depends on the nature of the area involved, the amenities and natural resources to be found in that area, the location of the area and the needs of the community.
2. Large or intensive private developments within the shoreline area should provide some public recreation amenities, in addition to public pedestrian access along the water's edge.
3. The city should consider both active and passive in-water, shoreline and upland recreational needs in development of recreational areas to meet local and regional needs.
4. The city should acquire, develop, expand and maintain public recreation facilities to meet public demand for recreation use and enjoyment of the water and shoreline.
5. Recreation facilities in the shoreline area should be restricted to those dependent upon a shoreline location, or those benefiting from a shoreline or in-water location that are in the public interest.
6. Public recreation facilities should be designed, developed and maintained to respect the shoreline environment, and minimize the degradation of the shoreline and its natural systems.
7. Public information and education programs, and attendant enforcement procedures, should be developed and implemented to help prevent the violation of private property rights and the abuse of the shoreline and its natural ecological system. [Ord. 3318 § 3, 2000].
23.10.085 Conservation element goal and policies.
A. Goal. It is the goal of the city to protect and enhance unique and fragile areas of flora and fauna and scenic vistas to help assure the continued availability of these resources for future generations. This element is concerned with the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, linear park systems, waterway trail systems, estuarine areas for fish and wildlife protection, beaches and other valuable natural or aesthetic features. Assure preservation of the unique, fragile and scenic shoreline resources by carefully preserving the non-renewable resources and managing for the continued utilization of renewable resources. Provide for the preservation of the natural shoreline resources through the protection of existing and potential public recreational areas.
B. Policies.
1. The city should work to maintain these environmentally sensitive and critical areas for present and future generations, such as the Union Oil Marsh, the historically contiguous wetland east of SR-104, and the Edmonds Underwater Park.
2. Development in shoreline areas should be managed so that adverse impacts on aquatic and land plants and animals are minimized.
3. Where practicable, steps should be taken to enhance the shoreline area as a spawning ground for salmon and other species of fish and aquatic marine life.
4. Irreplaceable shoreline resources should be preserved for continued public enjoyment.
5. The scenic and aesthetic qualities of shorelines and vistas should be preserved through development standards.
6. Beneficial use of shoreline resources should be provided for while respecting the natural shoreline environment.
7. Where practicable, restoration of damaged shoreline features and systems should be encouraged.
8. Limited improvements in public recreation areas should be permitted where such improvements would enhance public access to and public education and understanding of the value of the shoreline resource (an example of which is the Edmonds Underwater Park). [Ord. 3318 § 3, 2000].
23.10.090 Historical/cultural element goal and policies.
A. Goal. Identify, protect, preserve and restore important archaeological, historical, art and cultural sites located within the shoreline jurisdiction area for educational and scientific uses and enjoyment of the natural amenities by the general public.
B. Policies.
1. Wherever practicable, shoreline development should recognize the former and current use of much of the city's shoreline area for such uses as boatyards, railroads, ferry landings, logging, and industrial sites.
2. The large, relatively undisturbed area known as the “Union Oil Marsh” should be preserved for, among other reasons, its educational and scientific value.
3. Educational projects and programs should be encouraged that foster a greater appreciation of the importance of shoreline management, maritime activities, environmental conservation, cultural arts and maritime history.
4. Important archaeological, historical and cultural sites located within the shoreline jurisdiction area should be identified, protected, preserved and restored for educational and scientific uses and enjoyment of the natural amenities by the general public.
5. Historical/cultural sites should be acquired through purchase or gift, so as to insure their protection and preservation.
6. Where practicable, buildings, sites and areas having historic, cultural, educational, or scientific value to the community should be protected and restored.
7. Where practicable, all buildings, sites, and areas which are placed on the State or Federal Historic Register should be preserved, protected and restored.
8. Where practicable, significant archeological features and data should be protected for scientific study and public observation. [Ord. 3318 § 3, 2000].
23.10.095 Urban design element goal and policies.
A. Goal. It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, and enhances the waterfront.
B. Policies.
1. The shoreline area within and south of the north boundary of the Brackett's Landing North Park, to the south city limits (generally the urban mixed-use shoreline environment) is one of the most scenic areas of the city. It also, to a large extent, establishes the visual identity of Edmonds. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity for the public to enjoy the scenic quality of the shoreline.
2. Projects should be encouraged to provide “street furniture,” public art, related interpretative signage, landscaping and other amenities within or adjacent to the right-of-way of Railroad Avenue and Admiral Way to complement a pedestrian promenade along the shoreline.
3. New and remodeled developments should provide public view corridors adjacent to either the north or south property line to enhance public visual access to the Puget Sound and to provide for a visual link between the downtown and its waterfront roots. The location of the view corridor should be coordinated with the development of adjacent properties in order to maximize public visual access to the Puget Sound. Properties with significant frontage on the shoreline should consider providing view corridors in multiple locations so as to maximize public visual access to the shoreline.
4. Projects should minimize the amount of vehicular parking in the urban mixed-use I and II shoreline environments through use of joint use parking agreements (where permitted), “in-lieu of” parking arrangements, and by locating employee parking off-site and outside the urban mixed-use I and II shoreline environments.
5. Projects should be designed to locate vehicular parking away from the shoreline, bulkhead, or areas of pedestrian circulation.
6. Developments should provide conveniently situated bicycle parking on site. [Ord. 3318 § 3, 2000].
Part III. Environmental Designations
23.10.100 User guide.
This part, ECDC 23.10.100 though 23.10.110, establishes the different environmental designations for the various shoreline areas of the city. Part IV of this chapter then establishes different regulations that apply in these different environmental designations. [Ord. 3318 § 3, 2000].
23.10.105 Adoption criteria.
A. General. Different areas of the city's shoreline have radically different natural characteristics and development patterns. As a result, different environmental designations are needed to properly regulate shoreline uses, developments and activities.
B. Environmental Designations. The city establishes the following environmental designations based on the characteristics and factors listed:
1. Conservancy Environment. These are characteristically large undeveloped or sparsely developed areas exhibiting some natural constraints such as wetland conditions, frequently containing a variety of flora and fauna and in a natural or semi-natural state. The two types of areas which are appropriate for this classification, are as follows:
|
Environment Designation |
Description of Boundaries |
|
I |
Saltwater and upland areas generally lying waterward of the western boundary of the “urban railroad environment,” from the waterward extension to the outer harbor line of the south property line of the Brackett's Landing South Park, excluding the waterward extension of the Main Street right-of-way and the “Haines Wharf” site, to the northern city limits. |
|
II |
Freshwater areas lying waterward of the ordinary high water mark on Lake Ballinger. |
2. Natural Environment. These are characteristically large undeveloped or sparsely developed areas exhibiting some natural constraints such as wetland conditions, frequently containing a variety of flora and fauna and in a natural or semi-natural state. The natural environment is intended to preserve and restore those natural resource systems existing relatively free of human influence and those shoreline areas possessing natural characteristics intolerant of human use or unique historical, cultural or educational features. These systems require severe restrictions on the intensities and types of uses permitted so as to maintain the integrity of the shoreline environment. This environment designation is intended to:
a. i. Maintain diverse natural resource systems, including wetlands, associated with or within the area of shoreline jurisdiction, particularly Puget Sound; and
ii. Prevent the loss or degradation of the functional value of natural resources including primary food chain productivity, wildlife habitat, flood attenuation, water quality improvements, and vegetation community diversity; and
iii. Protect areas with unique or diverse natural characteristics from disruptive activities including human and domestic animal intrusion.
b. Generally these areas are to include all natural diverse wetland and riparian habitat areas within shoreline management jurisdiction. These include, but are not limited to:
i. The Union Oil Marsh and the historically contiguous wetland to the east of State Route 104.
ii. The Shell Creek wetland and lower riparian zone, and the wetlands which are now isolated on the east side of the railroad tracks, which are partially or entirely within 200 feet of the ordinary high water mark (OHWM) of Puget Sound.
3. Suburban Residential Environment. These are areas typified by single-family residential development in areas where topography, transportation systems, and development patterns make it extremely unlikely that more intensive use would be appropriate. The areas which are appropriate for this classification are as follows:
|
Environment Designation |
Description of Boundaries |
|
I |
The upland area adjacent to and east of the eastern boundary of the “urban railroad environment” which is zoned RS-20. |
|
II |
The upland area adjacent to and east of the eastern boundary of the “urban railroad environment” which is zoned RS-12. |
|
III |
The upland area adjacent to and east of the eastern boundary of the “urban railroad environment” which is zoned RS-6. |
|
IV |
The upland area adjacent to the shoreline of Lake Ballinger. |
4. Urban Mixed-Use Environment. These areas have been intensely developed with a mix of commercial uses, port facilities, multimodal transit facilities, railroad facilities and limited light industrial uses. Generally these areas would include the upland and waterward areas of the shoreline from the southern city limits to the south property line of the Brackett's Landing South Park, including the “Main Street Ferry Terminal” and “Haines Wharf” sites. The areas which are appropriate for this classification are as follows:
|
Environment Designation |
Description of Boundaries |
|
I |
The upland area and waterward area from the southern extension of the Dayton Street right-of-way, to the southern boundary of the present Port of Edmonds property. |
|
II |
The upland area and waterward areas from the southern boundary of the present Port of Edmonds property to the southern city limits, the upland and waterward areas beginning at the southern line of the Dayton Street right-of-way to the southern property line of the Brackett's Landing South Park and its waterward extension, and including the Main Street right-of-way and its waterward extension and the “Haines Wharf” site. |
5. Urban Railroad Environment. This area has been historically developed and used as a dedicated railroad right-of-way and contains limited improvements which are designed to aid in the transportation of goods and passengers by rail. This shoreline environment area generally contains very few areas of undisturbed natural shoreline. The area is defined as that area within the Burlington Northern Santa Fe Railroad right-of-way as established on the date of the adoption of this master program, from the northern right-of-way line of Main Street to the northern city limits. [Ord. 3318 § 3, 2000].
23.10.110 Map adopted by reference.
The map identified in Part V, ECDC 23.10.230, is hereby adopted as the official map of the city designating the various shoreline environments within the city. These designations may be changed, from time to time, by the city council, with the approval of the Department of Ecology in a manner consistent with other amendments to the shoreline master program. This map also generally shows the landward limit of the area within the city that is subject to the jurisdiction of the Shoreline Management Act and this chapter; provided, however, that this map in no way increases or decreases the areas subject to the Shoreline Management Act and this chapter which are:
A. The Puget Sound and all underlying lands extending to the center of the Sound; and
B. All uplands within 200 feet of the ordinary high water mark of the Puget Sound; and
C. Lake Ballinger and all underlying lands; and
D. All uplands within 200 feet of the ordinary high water mark of Lake Ballinger; and
E. All marshes, bogs, and swamps as associated with shorelines of the state as defined in WAC 173-22-040, as now or hereafter amended. [Ord. 3318 § 3, 2000].
Part IV. Use Regulations
23.10.115 User guide.
This part, ECDC 23.10.115 though 23.10.220, contains regulations that apply to all uses, developments and activities in the shoreline area. This part also establishes which uses, developments and activities are permitted in which shoreline environments. [Ord. 3318 § 3, 2000].
23.10.120 Shoreline uses, developments and activities.
A. General. The chart in subsection B of this section establishes which uses, developments, and activities are permitted in which of the shoreline environments. This chart also establishes which uses, developments and activities require the issuance of a conditional use permit.
B. Chart. The following chart establishes the uses, developments, and activities which may take place or be conducted within the various shoreline environments as well as the required permit for each. Those uses, developments and activities listed are allowed only if consistent with all pertinent provisions of this part. If a use, development or activity is not listed in the following chart, it is not permitted, except as provided in ECDC 23.10.115 through 23.10.220, or as provided in RCW 90.58.030.
C. WDNR Management. The Washington State Department of Natural Resources (WDNR) manages state-owned aquatic land (SOAL) under the Aquatic Land Act chapters (Chapters 79.90 through 79.96 RCW) and its implementing regulations (Chapter 332-30 WAC), as now or hereafter amended. In the Edmonds vicinity SOAL includes any unsold tidelands, shorelands, and bedlands of Puget Sound and Lake Ballinger. Those proposing to use these lands need a use authorization from WDNR.
Activities that require a use authorization include, but are not limited, to:
1. Dredging of any tide, shore or bedlands and/or spoil disposal, if spoils are to be disposed of in the aquatic environment;
2. Placement of any new or reconstruction of wharves, ferry terminals, petroleum re-handling/off-loading sites, marinas, or other facilities that may impact SOAL;
3. Placement or removal of breakwaters, whether wood or rip-rap;
4. Utilities in the aquatic environment, i.e., sewer outfalls, cable crossings, etc.;
5. Mooring buoys and or docks for individual use; and
6. Log salvage operations or other uses that may impact SOAL.
|
SHORELINE ENVIRONMENT USES |
Urban Railroad Environment |
Urban Mixed 1 Shoreline Environment |
Urban Mixed 2 Shoreline Environment |
Suburban Residential I Shoreline Environment |
Suburban Residential II Shoreline Environment |
Suburban Residential III Shoreline Environment |
Suburban Residential IV Shoreline Environment |
Conservancy I Shoreline Environment |
Conservancy II Shoreline Environment |
Natural |
|
Detached residential |
NP |
NP |
NP |
SDP/* |
SDP/* |
SDP/* |
SDP/* |
NP |
NP |
NP |
|
Attached or stacked residential |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Mixed-use commercial |
NP |
SDP |
SDP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Moorage structures and facilities |
NP |
SDP |
SDP |
NP |
NP |
NP |
SDP |
SCUP |
SCUP |
NP |
|
Railroads |
SDP |
SDP |
SDP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Ferry terminal |
SCUP |
SCUP |
SCUP/†|
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Public parks and public recreational facilities |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SCUP |
|
Utilities, government facilities, roads, etc. |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SCUP |
|
Public access pier or boardwalk |
SCUP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SDP |
SCUP |
|
Bulkheads and similar structures |
SCUP |
SDP |
SDP |
NP |
NP |
NP |
SCUP |
SCUP |
SDP/° |
NP |
|
Breakwaters and similar structures |
SCUP |
SDP |
SDP |
NP |
NP |
NP |
SCUP |
SCUP |
SDP |
SCUP |
|
Dredging |
SCUP |
SDP |
SDP |
NP |
NP |
NP |
SDP |
SDP |
SDP |
SCUP |
|
Filling |
SCUP |
SDP |
SDP |
SDP |
NP |
SDP |
SDP |
SDP |
SDP |
SCUP |
|
Land surface modification |
SCUP |
SDP |
SDP |
≤500 CY = SDP/* >500 CY = SDP |
≤500 CY = SDP/* >500 CY = SDP |
≤500 CY = SDP/* >500 CY = SDP |
≤500 CY = SDP/* >500 CY = SDP |
SDP |
SDP |
SCUP |
|
SDP: Shoreline substantial development permit. SCUP: Shoreline conditional use permit. NP: Not permitted/prohibited. NP*: May be permitted as an accessory to public parks if approved through a SCUP. *: This use is exempt from shoreline substantial development permit requirements if this is for construction of only one detached unit built by an owner, lessee, or contract purchaser who will be occupying the residence, in accordance with WAC 173-27-040(g), as amended. °: Construction of the normal protective bulkhead common to single-family residences is exempt from shoreline substantial development permit requirements, in accordance with WAC 173-27-040(c), as amended. †: Except those properties which comprise the “Haines Wharf” site. note: Hydraulic permits may also be required from the State Department of Fisheries and Wildlife for development or activities located waterward of the ordinary high water mark. |
||||||||||
[Ord. 3318 § 3, 2000].
23.10.125 Flexibility with a shoreline conditional use permit.
In addition to the uses, developments and activities listed in ECDC 23.10.120 as permitted in the various shoreline environments, any use, development or activity which is not “prohibited” may be approved through the issuance of a shoreline conditional use permit if all the following conditions are met:
A. The use, development or activity is compatible with existing and permitted uses, developments or activities within the same shoreline environment.
B. No increase in structure height is approved under this section.
C. No industrial use is approved under this section.
D. The proposed use, development or activity complies with the criteria set forth in WAC 173-27-160(1)(a) through (1)(e), as now or hereafter amended. [Ord. 3318 § 3, 2000].
23.10.130 General regulations – Environmentally sensitive areas and critical areas.
A. Location.
1. Environmentally sensitive areas include steep slopes; marshes, bogs, and swamps; floodplains; streams; spawning beaches; and other areas exhibiting serious constraints on development and/or significant possibility of biotic productivity.
2. Critical areas include fish and wildlife habitat conservation areas; frequently flooded areas; geologically hazardous areas; streams; and wetlands.
B. Development Limitations. All uses, developments, and activities on sites containing environmentally sensitive areas and/or critical areas must comply with all applicable local, state, and federal laws pertaining to development in these areas. In addition, the site must be specifically designed so that the hazards from or impact on the environmentally sensitive area and/or critical area will be mitigated.
C. Additional Authority. In addition to any other authority the city may have, the city is hereby authorized to condition or deny a proposed use, development, or activity or to require site redesign because of hazards associated with the use, development or activity on or near an environmentally sensitive and/or critical area, and/or the effect of the proposal on the environmentally sensitive area and/or critical area. [Ord. 3318 § 3, 2000].
23.10.135 General regulations – Historical and archeological resources.
A. General. Uses, developments, and activities on sites of historical or archeological significance or sites containing things of historical or archeological significance must not unreasonably disrupt or destroy the historical or archeological resource.
B. Resource Recovery. Whenever possible, things of historical or archeological significance should be properly explored, categorized, and recovered by qualified individuals prior to any disruptive development, use or activity occurring on the subject property. If items of historical or archeological significance are discovered after a use, development or activity has commenced, all activity must cease until proper disposition, including resource recovery, can be made of the significant items.
C. Site Design. The city may require that a site be redesigned or that development be postponed for a definite or indefinite period if this is reasonably necessary to protect a historic site or items of historic, archeological or cultural significance. [Ord. 3318 § 3, 2000].
23.10.140 General regulations – Parking.
A. Off-Street Parking Required. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property. Specific parking standards for uses are identified in Chapter 17.50 ECDC, as now or hereafter amended.
B. Access. The city will determine the number, location, and design of all curb cuts and other points of ingress and egress between the subject property and public rights-of-way.
C. Design and Layout. Parking layouts must be designed efficiently to use the minimum amount of space necessary to provide the required parking and safe and reasonable access. Whenever possible, parking should be located out of the shoreline area. Parking should not be located between the building or buildings on the subject property and the shoreline. Exterior parking areas, other than for detached dwelling units must be attractively landscaped with vegetation that will not obstruct views of the shoreline from adjacent public areas or adjacent public rights-of-way. [Ord. 3318 § 3, 2000].
23.10.145 General regulations – Public access.
A. Except as provided in subsections B through D of this section, shoreline substantial developments or conditional uses shall provide public access where any of the following conditions are present:
1. Where development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact.
2. Where development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact.
3. Where a use which is not a priority shoreline use under the Shoreline Management Act will locate on a shoreline of the state, the use or development shall provide public access to mitigate this impact.
4. Within the Edmonds shoreline jurisdiction, where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact.
The shoreline permit file shall describe the impact, the required public access conditions, and how the conditions address the impact.
B. An applicant need not provide public access where one or more of the following conditions apply:
1. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means;
2. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions;
3. The cost of providing the access, easement or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development;
4. Unacceptable environmental harm will result from the public access which cannot be mitigated; or
5. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated.
C. In order to meet any of the conditions in subsections (B)(1) through (B)(5) of this section, the applicant must first demonstrate and the city determine in its findings that all reasonable alternatives have been exhausted, including but not limited to:
1. Regulating access by such means as maintaining a gate and/or limiting hours of use;
2. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and
3. Developing provisions for access at a site geographically separated from the proposal such as street end, vista or trail system.
D. Exceptions. The following uses, developments, and activities are exempt from providing public pedestrian access under this section:
1. The construction, repair, remodeling and use of one detached single-family dwelling unit, as well as the construction, remodeling, repair, and use of bulkheads, docks and other uses, developments and activities incidental to the use of the subject property as a detached single-family residence.
2. All use, development and activity in conservancy environments, or environmentally sensitive areas where the city determines that access would create distinct and unavoidable hazards to human safety or be contrary to city policies regarding the protection of unique and fragile environments.
E. Public Use Facilities.
1. In addition to the public pedestrian areas required by subsection A of this section, the applicant may propose and/or the city may require that benches, picnic tables, a public access pier or boardwalk, or other public use facilities be constructed on the subject property.
2. If public use facilities are required or proposed, the city will determine the size, location and other regulations (design considerations) for it on a case-by-case basis.
F. Timing. The public pedestrian access required by this section must be completed and available at the time of occupancy or completion of work; provided, however, that the city may on a case-by-case basis defer the physical availability of public access in the following cases:
1. If shoreline development without public pedestrian access exists on both sides of the subject property and the city determines that the size, location and topography or the subject property does not warrant making public waterfront access available until additional adjacent waterfront access can be obtained.
2. If pre-existing legal or nonconforming improvements on the subject property physically preclude the provision of public waterfront access within a reasonable period of time.
G. Easements Recorded. In each case where public pedestrian access is required, whether it is physically available at the end of development or deferred until a later date, all owners of the subject property must record a public pedestrian easement, in a form approved by the city attorney, establishing the right of the public to access, use and traverse that portion of the subject property.
H. Signs and Regulations. The city shall require the posting of signs, obtained from the city at the city's cost, designating public pedestrian access. The planning manager or his/her designee is authorized to establish reasonable rules and regulations governing the publics use of public pedestrian access and use areas under this chapter. Where appropriate, these rules and regulations shall be included within the document recorded under subsection G of this section.
I. Development uses and activities shall be designed and operated to avoid blocking, reducing or adversely interfering with the public's physical and visual access to the water and shorelines.
J. Public access provided by shoreline street ends, public utilities and rights-of-way shall not be diminished (RCW 35.79.035 and 36.87.130).
K. Public access sites shall be connected directly to the nearest public street and shall include provisions for disabled and physically impaired persons, where feasible.
L. Required public access sites shall be fully developed and available for the public use at the time of occupancy of use or activity.
M. Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, at a minimum. Said recording with the county auditor's office shall occur at the time of permit approval (RCW 58.17.110).
N. Minimum width of public access easements shall be 25 feet, unless the administrator determines that undue hardship would result. In such cases, easement width may be reduced only to the minimum extent necessary, as determined by the administrator, to relieve the hardship, provided the larger easement is not need for emergency access.
O. Future actions by the applicant successors in interest or other parties shall not diminish the usefulness or value of the public access provided.
P. Visual access shall be maintained, enhanced and preserved on shoreline street ends, public utilities and rights-of-way and within public view corridors as designated by the city. [Ord. 3318 § 3, 2000].
23.10.150 Use regulations – Detached dwelling units.
A. General. This section contains regulations pertinent to the development and use of a detached dwelling unit. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments detached dwelling units are permitted.
B. Permitted Use.
1. The principal use permitted is the use of the subject property for a detached single-family dwelling unit.
2. In addition to the principal use listed above, “normal appurtenances” as specified in WAC 173-27-040(1)(g), as now or hereafter amended and as modified by ECDC 23.10.045 (B)(030), as normally associated with a detached dwelling unit and residential occupancy are also permitted, including grading of the subject property which does not exceed 499 cubic yards. This chapter also contains specific regulations on bulkheads and other shoreline protective structures, moorage facilities, and other uses, developments and activities which may be conducted accessory to the principal use.
3. In addition to the uses listed above in subsections (B)(1) and (B)(2) of this section, in the suburban residential I, II and III environments, the installation of storm drainage lines to convey storm water resulting from the use of the subject property as a detached dwelling unit, down the face of a slope for dispersal into the existing storm drainage system within the railroad right-of-way shall be considered a normal ancillary development activity, provided the subject property owner has received written permission from the railroad and subject to approval by the city engineer.
C. Lot Size.
1. The minimum lot sizes established below are based on the entire area of the subject property landward of the ordinary high water mark, not just the portion of the subject property within the jurisdiction of the Shoreline Management Act and this chapter.
2. Except for pre-existing lots, the minimum lot size for a detached dwelling units is as follows:
a. In the suburban residential I shoreline environment, the minimum lot size is 20,000 square feet of lot area landward of the ordinary high water mark.
b. In the suburban residential II and IV shoreline environments, the minimum lot size is 12,000 square feet of lot area landward of the ordinary high water mark.
c. In the suburban residential III shoreline environments, the minimum lot size is 6,000 square feet of lot area landward of the ordinary high water mark.
D. Required Yards – Overwater Structures Prohibited. The regulations of this subsection establish the required setbacks for all buildings and other major structures associated with this use. No building or other major structure may be located within the following required setbacks:
|
Environment/ Setback |
Street |
Rear |
Side |
|
Suburban Residential I |
25 feet |
25 feet* |
10 feet min./ total 35 feet |
|
Suburban Residential II |
25 feet |
25 feet* |
10 feet |
|
Suburban Residential III |
20 feet |
15 feet* |
5 feet |
|
Suburban Residential IV** |
15 feet |
35 feet* |
10 feet |
|
* The rear setback for accessory buildings covering less than 600 square feet of the site may be located within five feet of the rear property line. ** A 35-foot setback is required from the OHWM in all suburban residential IV environments. |
|||
E. Height. In all suburban residential shoreline environments, the height of a detached dwelling unit may not exceed 25 feet above average grade level and accessory buildings may not exceed 15 feet above average grade level. [Ord. 3318 § 3, 2000].
23.10.155 Use regulations – Mixed-use commercial.
A. General. This section contains regulations pertinent to the development and use of mixed-use commercial facilities upland from the ordinary high water mark. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments mixed-use commercial developments are permitted.
B. Permitted Uses. In the urban mixed-use I and II shoreline environments, the following are permitted uses, developments and activities:
1. The principal uses permitted are mixed-use commercial activities and developments, excluding medical, dental and veterinary clinics and drive-in businesses.
2. In addition to the principal uses listed above, accessory uses, developments, and activities normally associated with mixed-use commercial development are also permitted. This chapter also contains regulations on bulkheads and other shoreline protective structures, moorage facilities, marinas, and other uses, developments and activities which may be conducted accessory to the principal use.
C. Lot Size. In the urban mixed-use I and II shoreline environments there is no minimum lot size.
D. Required Yards. The regulations of this subsection establish the required yards for all buildings and other major structures associated with this use. No building or other major structure may be located within the following required yards:
|
Environment/Setback |
Street |
OHWM1 |
Side2 |
|
Urban Mixed-Use I |
0 feet |
15 feet landward of bulkheads for buildings. 60 feet landward of bulkheads for parking.3 |
0 feet |
|
Urban Mixed-Use II |
0 feet |
15 feet landward of bulkheads for buildings.4 60 feet landward of bulkheads for parking. |
0 feet |
|
1The yards/setbacks shown under the column “OHWM” refer to bulkheads. If a bulkhead is not present, the ordinary high water mark shall be used. 2 See subsection E of this section for view corridor requirements. 3In the urban mixed-use I environment, the 60-foot landward setback for parking may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet (i.e., the setback for parking shall be no less than 40 feet from the bulkhead). 4Existing buildings may be reconstructed within their existing footprint provided there is at least a 25-foot walkway waterward of the OHWM. |
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A minimum 15-foot setback is required from lot lines adjacent to suburban residential shoreline environments (RS and RM zoning districts). This area must be fully landscaped and include a minimum six-foot high fence or hedge.
E. Required View Corridors. The regulations of this subsection establish the required view corridors for all buildings and other major structures associated with this use. No building or other major structure may be located within the following required view corridors:
1. Landward of the ordinary high water mark, a view corridor must be maintained across 30 percent of the average parcel width. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas, and landscaping will be allowed; provided, that they do not obscure the view from the adjacent public right-of-way to and beyond the Puget Sound. This view corridor must be adjacent to either the north or south property line, whichever will result in the widest view corridor given development on adjacent properties. If the subject property has shoreline frontage in excess of 1,000 feet, the city may require a maximum of one-third of the required view corridor to be placed in a location between the north and south property lines, in a location which will provide for the greatest unobstructed view of the Puget Sound.
2. Waterward of the ordinary high water mark, view corridors which are required pursuant to this section must be maintained starting at a width equal to the adjacent upland view corridor and expanding in a conical fashion 30 degrees from the prolongation of the view corridor waterward of the OHWM (see ECDC 23.10.245).
F. Overwater Structures Prohibited. The location of structures over water shall be prohibited except as provided below:
1. In the urban mixed-use I shoreline environment, the following overwater structures are permitted:
a. Moorage structures and facilities as regulated in ECDC 23.10.160.
b. Public access as regulated in ECDC 23.10.145.
c. Gas and oil sales; provided, that the building shall not exceed 15 feet in height and 150 square feet in area.
d. Live bait sales and storage; provided, that the building shall not exceed 15 feet in height above the top of the dock and 600 square feet in area.
e. Boat gear storage lockers not to exceed 18 square feet in area and three feet in height. Only one storage locker is permitted per boat slip. This provision does not apply under covered moorage structures.
2. In the urban mixed-use II shoreline environment, the following overwater structures are permitted:
a. Moorage structures and facilities as regulated in ECDC 23.10.160.
b. Public access as regulated in ECDC 23.10.145.
c. Boat gear storage lockers not to exceed 18 square feet in area and three feet in height. Only one storage locker is permitted per boat slip. This provision does not apply under covered moorage structures.
G. Height.
1. Upland of the OHWM:
a. The maximum permitted height of structures in the urban mixed-use I and II shoreline environments is 30 feet above average grade level, except as specified below:
i. Bridges and overpasses may exceed the maximum height limit with a shoreline variance.
2. Waterward of the OHWM:
a. The maximum permitted height of structures in the urban mixed-use I shoreline environment is:
i. Accessory structures for the sales of gas, oil, and live bait shall not exceed 15 feet above the height of the dock or pier.
ii. Boat gear storage lockers shall not exceed three feet in height above the height of the dock or pier. Only one storage locker is permitted per boat slip. This provision does not apply under covered moorage structures.
iii. Moorage structures and facilities as regulated in ECDC 23.10.160.
iv. Ferry terminals as regulated in ECDC 23.10.170(D).
b. The maximum permitted height of structures in the urban mixed-use II shoreline environment is:
i. Moorage structures and facilities as regulated in ECDC 23.10.160.
ii. Boat gear storage lockers shall not exceed three feet in height above the height of the dock or pier.
iii. Ferry terminals as regulated in ECDC 23.10.170(D). [Ord. 3318 § 3, 2000].
23.10.160 Use regulations – Moorage structures and facilities.
A. General. This section contains regulations pertinent to the development and use of moorage structures and facilities. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments moorage structures and facilities are permitted.
B. Permitted Use.
1. The principal use permitted in this section is moorage of watercraft.
2. In the suburban residential IV and conservancy I and II shoreline environments, accessory uses are not permitted in conjunction with this use.
3. Moorage structures and facilities located in the urban mixed-use II shoreline environment may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward views from these public uses.
4. In the urban mixed-use shoreline environments, the following accessory uses are permitted as part of this use:
a. Boat and motor sales and leasing.
b. Boat repair and service, including dry docks, boat yards and similar activities.
c. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view.
d. Pumping facilities to remove effluent from boat holding tanks.
e. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the urban mixed-use I shoreline environment, and, that stacked storage is not permitted in the urban mixed-use II shoreline environment.
f. Meeting and special event rooms.
g. Gas and oil sales for boats, if:
i. All storage tanks are underground and located upland of the ordinary high water mark; and
ii. The use has facilities to contain and clean up gas and oil spills.
This accessory use (gas and oil sales) may be conducted within an overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck.
h. Boat launch ramps that meet the following requirements:
i. The ramp is paved with concrete.
ii. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant.
iii. Access to the ramp is not directly from the adjacent public right-of-way.
iv. The design of the site is specifically approved by the city.
i. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than eight 55-gallon drums. Waste oil and hazardous storage tanks which exceed these standards must be placed underground.
5. This chapter also contains regulations on bulkheads and other shoreline protective structures and other uses, developments and activities which may be conducted accessory to the principal use.
C. Minimum Lot Size. There is no minimum lot size for this use; provided, however, that the subject property must be large enough and be of sufficient dimensions to comply with the site design and other requirements of this chapter.
D. Limitation on Uses in the Suburban Residential IV and Conservancy I and II Shoreline Environments.
1. In the suburban residential IV and conservancy I and II shoreline environments, moorage structures and facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of moorage structures and facilities in these shoreline environments is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory.
2. In the conservancy I shoreline environment, moorage structures and facilities may not provide moorage for more than two boats; provided, however, that waterfront lots in this environment are encouraged to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility.
E. Size of Moorage Structures. Moorage structures may not be larger than is necessary to provide safe and reasonable moorage for the boats to be moored. The city will specifically review the size and configuration of each proposed moorage structure to help insure that:
1. The moorage structure does not extend waterward beyond the point necessary to provide reasonable draft for the boats to be moored and shall not extend beyond the outer harbor line; and
2. The moorage structure is not larger than is necessary to moor the specified number of boats; and
3. The moorage structure will not interfere with the public use and enjoyment of the water or create a hazard to navigation; and
4. The moorage structure will not adversely affect nearby uses; and
5. The moorage structure will not have a significant long-term adverse effect on aquatic habitats.
F. Overwater Structures – Required Yards.
1. No structure regulated under this section, other than moorage structures and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. Other sections of this chapter contain regulations on bulkheads and other shoreline protective structures and breakwaters which may be accessory to this use and located waterward of the ordinary high water mark.
2. The required yards for structures landward of the ordinary high water mark are as established in the various shoreline environments.
3. Waterward of the ordinary high water mark, the required setbacks in the suburban residential IV and conservancy I and II shoreline environments are as follows:
a. If the subject property provides moorage for not more than two boats, the following setbacks apply:
i. No moorage structure on private property may be within 25 feet of a public park.
ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property.
iii. The side property line setback is 10 feet.
b. If the subject property provides moorage for more than two boats, the following setbacks apply:
i. No moorage structure on private property may be within 100 feet of a public park.
ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property.
iii. The side property line setback is 10 feet.
4. Waterward of the ordinary high water mark, the required setbacks in the urban mixed-use I and II shoreline environments are as follows:
a. No moorage structure on private property may be within 100 feet of a public park.
b. No moorage structure may be within 25 feet of another moorage structure not on the subject property.
c. The side property line setback is 10 feet.
G. Height of Structures. Waterward of the ordinary high water mark, pier and dock height may not exceed a height of three feet above water level, except that pilings may extend a reasonable amount above dock height to provide for tidal conditions.
H. Moorage Structures Waterward of the Inner Harbor Line. If the moorage structure will extend waterward of the inner harbor line, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use.
I. Certain Substances Prohibited. No part of a moorage structure or other components that may come into contact with the water (Puget Sound or Lake Ballinger) may be treated with or consist of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies.
J. Certain Moorages Prohibited.
1. Aircraft moorage, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions.
2. Covered moorage. [Ord. 3318 § 3, 2000].
23.10.165 Use regulations – Railroads.
A. General. This section contains regulations pertinent to the development of railroad facilities. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments railroad facilities are permitted.
B. Permitted Use.
1. The principal use permitted in this section is the use of the subject property by the railroad for its tracks (i.e., single main tracks, double main tracks and team tracks), yards and buildings but especially for its main line.
2. In shoreline environments where this use is permitted the following accessory uses, structures and facilities are permitted as part of this use:
a. Subgrade and roadbed.
b. Railroad track/road crossing signals.
c. Slide fences.
d. Railroad signals.
e. Bridges (i.e., pedestrian overpass bridges, vehicular overpass bridges and pipeline overpass bridges).
f. Railroad signage (e.g., speed, track, whistle, etc.).
g. Drainage facilities, including culverts.
h. Railroad crossings.
i. Buildings for housing of maintenance people not to exceed 600 square feet in area.
j. Storage of items for maintaining the area.
k. Underpasses.
l. Pedestrian safety fencing, provided it does not exceed four feet in height above grade and is not constructed of solid sight-obscuring material. If the proposed fence is to exceed either four feet in height, or is constructed of solid sight obscuring material, then a shoreline conditional use permit is required.
3. This chapter also contains specific regulations on bulkheads and other shoreline protective structures, and other uses, developments and activities which may be conducted accessory to the principal use.
C. Minimum Lot Size. There is no minimum lot size for this use; provided, however, that the subject property must be large enough and be of sufficient dimensions to comply with the site design and other requirements of this chapter.
D. Required Yards – Overwater Structures Prohibited. The regulations of this subsection establish the required setbacks for all buildings and other major structures associated with this use. No building or other major structure may be located within the following required setbacks:
1. Accessory buildings shall be located on the landward side of the railroad tracks and a minimum of five feet from the property line.
E. Height.
1. In the urban railroad shoreline environment, the maximum permitted height of structures is 25 feet above grade level, except as specified in subsection (E)(2) of this section.
2. In the urban mixed-use I and II shoreline environments, the maximum permitted height of structures is 30 feet above grade level, except as specified below:
a. Accessory buildings shall not exceed 15 feet in height above average grade level.
b. Bridges and overpasses may exceed the maximum height limit.
c. Slide fences shall not exceed six feet in height.
d. Signal devices and signage shall be determined on a case-by-case basis according to the goals and policies of the Shoreline Management Act, Chapters 173-16 and 173-27 WAC, and Chapters 20.10 and 20.55 ECDC. [Ord. 3318 § 3, 2000].
23.10.170 Use regulations – Ferry terminals.
A. General. This section contains regulations pertinent to the development of ferry terminals. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments ferry terminals are permitted.
B. Permitted Uses.
1. Ferry terminal and associated uses, structures and activities.
2. This chapter also contains specific regulations on bulkheads and other shoreline protective structures, and other uses, developments and activities which may be conducted accessory to the principal use.
C. Minimum Lot Size. There is no minimum lot size for this use; provided, however, that the subject property must be large enough and be of sufficient dimensions to comply with the site design and other requirements of this chapter.
D. Height.
1. The maximum permitted height of structures waterward of the OHWM shall not exceed 35 feet above OHWM, except as provided below:
a. Structures related to the loading of pedestrian passengers shall be permitted to exceed the maximum permitted height limit.
b. Buildings and structures which house pedestrian passengers, employees and equipment storage shall be permitted to be 20 feet above the height of the ferry loading dock.
2. The maximum permitted height of structures landward of the OHWM shall not exceed 30 feet above average grade level, except as provided below:
a. Bridges and overpasses may exceed the maximum height limit. [Ord. 3318 § 3, 2000].
23.10.175 Use regulations – Utilities, government facilities, and transportation systems.
A. General. This section contains regulations pertinent to the development and use of utilities, government facilities and transportation systems. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments utilities, government facilities and transportation systems are permitted.
B. Permitted Uses.
1. Except as specified in this section, this section allows for the development and use of various structures, components and facilities necessary or convenient to the use and operation of a wide range of quasi-public and public utilities, government services and facilities, roadways, and other transportation systems.
2. Public parks and recreation facilities are regulated separately in this chapter and are not regulated under this section.
3. Ferry terminals and their associated structures and activities are regulated separately in this chapter and are not regulated under this section.
4. Maintenance, storage and production facilities are not permitted in shoreline areas.
5. This chapter also contains specific regulations on bulkheads and other shoreline protective structures, and other uses, developments and activities which may be conducted accessory to the principal use.
C. Limitations on Locations.
1. Except for public pedestrian access mandated or permitted by this chapter and utility lines, infrastructure, roadways and similar components necessary to serve development within the shoreline area, utilities, government services and facilities, and transportation systems may not be located within shoreline areas unless this location is reasonably necessary for the efficient operation of the utility, government facility or services or transportation system.
2. Utilities, government facilities and transportation systems may not be located waterward of the ordinary high water mark or anywhere in conservancy shoreline environments unless no practicable alternative exists and this location is essential to the operation of the utility, government service or facility or transportation system.
D. Placement and Design.
1. When permitted within shoreline areas, utilities, government services and facilities and transportation systems must be placed and designed to minimize negative aesthetic impacts upon shoreline areas.
2. Except where this would not be feasible, all utility lines, pipes, conduits, meters, vaults and similar infrastructures and appurtenances must be placed underground consistent with the standards of the serving utility.
E. Certain Pipelines Prohibited. Except for gas or oil pipelines, city-approved sanitary sewer, storm water outfall lines, or other conveyance systems for on-site drainage collection systems for approved boat wash-down to special on-site treatment facilities otherwise permitted in this section, no pipeline for the transmission of any substance that would be hazardous to the aquatic environment may be constructed within the shoreline area.
F. Height, Bulk, Lot Size and Dimensional Requirements. The permitted height, bulk, lot size and other dimensional requirements for utilities, government facilities and services, and transportation systems will be made by the city on a case-by-case basis based on the following factors as applicable:
1. The standards established by the serving utility.
2. The standards established by the city for the structure or component in question.
3. The impact of the structure or component on the shoreline area.
4. The height, bulk and other dimensional requirements established for other uses in the various shoreline environments by this chapter. [Ord. 3318 § 3, 2000].
23.10.180 Use regulations – Public parks and public recreation facilities.
A. General. This section contains regulations pertinent to the development and use of public parks and recreation facilities. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments public parks and recreational use facilities are permitted.
B. Permitted Uses.
1. This section allows for the development and use of a broad range of public parks. The level and scope of the development, nature and extent of amenities, and type and intensity of activities in and for each park will be determined by the city based on the physical environment, location, surroundings and needs and demands of the community.
2. This chapter also contains specific regulations on bulkheads and other shoreline protective structures, and other uses, developments and activities which may be conducted accessory to the principal use.
C. Lot Size and Dimensions. The city will determine the required minimum lot size as well as the maximum bulk and dimensions of buildings and other site components on a case-by-case basis consistent with other provisions of this section and the city's adopted parks and recreation open space plan.
D. Height. The maximum permitted height of structures is as follows:
1. In the conservancy I shoreline environment, structures may not exceed the following height limitations:
a. Upland of the ordinary high water mark – 25 feet above average grade level.
b. Waterward of the ordinary high water mark – 35 feet above ordinary high water mark (OHWM).
2. In all suburban residential environments, structures may not exceed a height of 25 feet above average grade.
3. In the urban mixed-use environments, structures may not exceed a height of 30 feet above average grade.
4. In all other shoreline environments where public parks and recreational facilities are permitted, structures may not exceed a height of 25 feet above average grade level.
E. Special Consideration in Conservancy and Natural Shoreline Environments. In the conservancy and natural shoreline environments, park and recreational facility development must be sensitive to and protective of the unique or fragile natural systems found in these areas. Development of park facilities in these environments must be the minimum necessary in order to support low intensity passive use and enjoyment of these areas. Physical access to these areas must be limited to boardwalks, public access piers or other similar components which define the nature and extent of physical intrusion and are less disruptive to the natural environment. [Ord. 3318 § 3, 2000].
23.10.185 Use regulations – Public access pier or boardwalk.
A. General. This section contains regulations pertinent to the development and use of public access piers or boardwalks along the shoreline or through associated wetlands. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments public access piers or boardwalks are permitted.
B. Permitted Uses.
1. This section allows for the development and use of public access piers or boardwalks to provide public access to and along the shoreline or associated wetlands.
2. This chapter also contains specific regulations on bulkheads and other shoreline protective structures, and other uses, developments and activities which may be conducted accessory to the principal use.
C. Minimum Lot Size. There is no minimum lot size for this use; provided, however, that the subject property must be large enough and be of sufficient dimensions to comply with the site design and other requirements of this chapter.
D. Overwater Structures – Required Yards. Side property lines are five feet, unless the structure is designed to connect with waterfront public access on an adjacent property.
E. Height of Structures. Waterward of the ordinary high water mark, pier or boardwalk decks may not exceed a height of 15 feet above OHWM.
F. Certain Substances Prohibited. No part of a public access pier or boardwalk or other component that may come into contact with the water or wetland may be treated with or consist of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies.
G. Special Considerations in Conservancy and Natural Shoreline Environments. In the conservancy and natural shoreline environments, a public access or boardwalk must be sensitive to and protective of the unique and fragile natural systems found in these areas. Physical access must be limited to these structures by use of railings and similar devices which define the limit of intrusion into these unique shoreline environments. [Ord. 3318 § 3, 2000].
23.10.190 Use regulations – Bulkheads and similar structures.
A. General. This section contains regulations pertinent to the development and use of bulkheads and other shoreline protective structures. These regulations are founded on the goals and policies established in Part II of this Chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments bulkheads and other shoreline protective structures are permitted.
B. Permitted Uses. This section allows for the construction and use of walls, rockeries and similar structures that are constructed essentially parallel to the shoreline at the water's edge to prevent erosion of the shoreline.
C. Allowable Reasons. A bulkhead or other shoreline protective structures may be constructed only if:
1. It is needed to prevent significant erosion of the shoreline; and
2. The use of vegetation will not sufficiently stabilize the shoreline to prevent significant erosion.
D. Prohibited Locations. Bulkheads and other shoreline protective structures may not be constructed within a marsh, bog, or swamp or between a marsh, bog, or swamp and the primary body of water (Puget Sound or Lake Ballinger).
E. Design Considerations. Bulkheads and other shoreline protective structures must be designed to minimize the transmittal of wave energy to other properties.
F. Placement. Bulkheads and other shoreline protective structures may not be placed waterward of the ordinary high water mark, unless:
1. It is to stabilize a fill approved under ECDC 23.10.205; or
2. There has been severe and unusual erosion within one year immediately preceding the application for the bulkhead or other similar protective structure. In this event, the city may allow the placement of the bulkhead or other similar protective structure to recover the dry land area lost by this erosion.
G. Change in Configuration of the Land. Except as otherwise specifically permitted in this chapter, alteration of the horizontal or vertical configuration of the land must be kept to a minimum.
H. Backfill. The extent and nature of any backfill proposed landward of a bulkhead or other shoreline protective structure must be approved by the city. [Ord. 3318 § 3, 2000].
23.10.195 Use regulations – Breakwaters and similar structures.
A. General. This section contains regulations pertinent to the development and use of breakwaters. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments breakwaters are permitted.
B. Permitted Uses. This section allows for the construction and use of offshore structures used to inhibit wave action to create safe boat moorage. Only floating or open pile breakwaters are permitted.
C. Allowable Reasons. The city will permit the construction and use of a breakwater only if:
1. The breakwater is essential to the safe operation of a moorage facility; and
2. The city determines that the location, size, design and accessory components of the moorage facility to be protected by the breakwater provide a public benefit and are within the public interest; and
3. Any undesirable effects or adverse impacts upon the environment or upon nearby waterfront properties from the breakwater are clearly outweighed by the benefits to the public provided by the moorage facility to be protected by the breakwater.
D. Professional Design and Supervision Required. All breakwaters must be designed and constructed under the supervision of a civil engineer or similarly qualified professional. As part of the application, the engineer or other professional designing the breakwater must certify that it is designed to meet the requirements of this chapter and accomplish the purpose of the breakwater using the best available science, and that the breakwater is also designed to have the minimum feasible adverse impacts upon the environment, nearby waterfront properties and navigation.
E. Public Use Required. Unless physically infeasible or undesirable from a public use or safety standpoint, public access to and along, and public use (e.g., sitting, picnicking, fishing, etc.) of the breakwater must be provided.
F. Certain Substances Prohibited. No part of a moorage structure or other components that may come into contact with the water (Puget Sound or Lake Ballinger) may be treated with or consist of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. [Ord. 3318 § 3, 2000].
23.10.200 Special regulations – Dredging.
A. General. This section contains regulations pertinent to dredging activities. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments dredging is permitted.
B. Permitted Uses. This section allows for the displacement and removal of materials from the bottom of Lake Ballinger and the tidelands of the Puget Sound.
C. Allowable Reasons. The city will permit dredging only if:
1. No unique or significant natural area of flora or fauna will be destroyed; and
2. The dredging will not result in erosion of the shoreline or undermine the stability of neighboring properties; and
3. Either:
a. The application for the dredging is filed by a public agency to improve navigability, public recreation or public safety; or
b. The application is to create a public use or recreation area; or
c. The application is for dredging to remove silt or sediment deposited because of severe and unusual erosion or resulting from the existence of a bulkhead on nearby property; or
d. The application is to provide sufficient draft for boat moorage.
D. Disposition of Dredging Spoils. Dredging spoils may not be deposited into Lake Ballinger or into Puget Sound, except at disposal sites approved by appropriate state and federal agencies. Dredging spoils may not be deposited onto shoreline areas, except as follows:
1. Dredging spoils may be used as fill or landscape material for a development in the shoreline area that is otherwise approved by the city under this chapter. This fill material must be of a type and nature that it will provide proper structural stability and will not create any undesirable effects or adverse impacts upon the environment or neighboring properties.
2. The city may permit dredging spoils to be temporarily deposited in the shoreline area for transfer and removal to an approved disposal site. The dredging spoils may not be stored in the shoreline area longer than is reasonably necessary and must be stored in a manner that will protect the environment and neighboring properties from undesirable effects and adverse impacts.
E. Revegetation. The applicant must reestablish any beneficial vegetation that is disrupted or destroyed during dredging, unless this requirement would directly conflict with the conditions of an approved dredging permit.
F. Minimum Dredging Necessary. The extent of the dredging must be the minimum necessary to reasonably accomplish the purpose for the dredging under subsection (C)(3) of this section. [Ord. 3318 § 3, 2000].
23.10.205 Special regulations – Filling.
A. General. This section contains regulations pertinent to the use of fill. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in ECDC 23.10.120 to determine in which shoreline environments fill is permitted.
B. Permitted Uses. This section allows for the creation of dry upland areas by the placement of soil, sand, rock, gravel, existing sediment or other material (excluding solid waste) to create new land, tideland, or bottom land along the shoreline waterward of the ordinary high water mark or on wetland or upland areas in order to raise the elevation.
C. Allowable Reasons. The city may permit fill only if:
1. No unique or significant natural area of flora or fauna will be destroyed; and
2. The fill will not result in erosion of the shoreline or undermine stability of neighboring properties; and
3. Either:
a. The application is filed by a public agency to improve navigability, public recreation or public safety; or
b. The application is to create a public use or public recreation area.
4. Fill is an essential component of an otherwise approved project.
D. Fill Material. The fill material must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic materials that would be detrimental to water quality or existing habitats.
E. Use of Vegetation. The applicant must stabilize exposed fill areas with vegetation.
F. Minimum Fill Necessary. The extent of the fill must be the minimum necessary to reasonably accomplish the purpose for the fill under subsection (C)(3) of this section.
G. Professional Design and Supervision. The city may require that the fill be designed and supervised by a civil engineer or similarly qualified professional. The city may require this professional to certify that the fill meets the following requirements:
1. The fill is designed and executed to minimize adverse impacts on neighboring properties and the environment, and is fully integrated into an otherwise approved facility.
2. The fill is designed and executed to provide permanent structural integrity for the fill and surrounding areas. [Ord. 3318 § 3, 2000].
23.10.210 General regulations – Land surface modification.
A. General. The regulations of this section apply to proposed land surface modifications landward of the ordinary high water mark. See ECDC 23.10.195 through 23.10.205 for regulations that apply to land surface modifications waterward of the ordinary high water mark (breakwaters, dredging and filling) and ECDC 23.10.190 regarding land surface modification incidental to the construction of a bulkhead or other shoreline protective structures.
B. Land Surface Modification Landward of the Ordinary High Water Mark. Land surface modifications landward of the ordinary high water mark may be permitted only if no unique or significant natural area of flora or fauna will be destroyed and only for the following purposes:
1. The land surface modification is proposed by a public agency to improve public safety, recreation or access, or is intended to improve a condition of the natural environment.
2. The land surface modification is part of a development on the subject property and is to improve access to a pier, dock, or beach.
3. The land surface modification is necessary to provide public pedestrian access or a public use area.
4. The land surface modification is necessary for the structural safety of a structure.
5. There has been severe and unusual erosion within the one-year period immediately preceding the application and the land surface modification is to restore the shoreline to its configuration prior to this erosion.
C. Land Surface Modification Landward of the Ordinary High Water Mark. Land surface modification landward of the ordinary high water mark is only permitted if it is necessary for an approved development or use of the subject property or if it is incidental to landscaping for an existing use on the subject property.
D. Additional Regulations. All land surface modifications landward of the ordinary high water mark must comply with the following requirements:
1. The land surface modification must be the minimum necessary to accomplish the underlying reason for the land surface modification.
2. Care must be taken to not create any direct or indirect adverse impacts on any adjoining property or the shoreline of statewide significance.
3. All surfaces exposed during land surface modification must be revegetated or otherwise covered as quickly as possible to minimize erosion.
4. During land surface modification activities techniques should be employed to prevent erosion and runoff onto adjacent properties or into the shoreline of statewide significance.
5. Except as is necessary during construction, dirt, rocks, and similar materials may not be stockpiled on the subject property. If stockpiling is necessary during construction, it must be located as far as possible from the shoreline and strictly contained to prevent erosion and runoff.
6. Materials that will be deposited on the subject property must be clean and not contain organic or inorganic substances that could pollute or otherwise be detrimental to water quality or aquatic or shoreline habitats.
7. The city may require that land surface modifications be engineered and/or supervised by an engineer or similarly qualified professional.
8. The city may require that land surface modifications be restricted to limited times of the year.
E. Land Surface Modifications in Conservancy or Natural Shoreline Environments. Notwithstanding any other provision of this section, land surface modifications in conservancy or natural environments should not be allowed unless:
1. It is necessary to rehabilitate a stream, wetland, or otherwise improve or enhance the natural environment; or
2. It is proposed by a public agency as part of development or use of the subject property. [Ord. 3318 § 3, 2000].
23.10.215 Special regulations – Authority of the city.
A. Land Outside the Jurisdiction of the Shoreline Management Act. In addition to the authority described above, if a proposed use, development or activity includes areas both inside and outside the jurisdiction of the Shoreline Management Act, the city may impose conditions or restrictions on the use, development or activity outside the jurisdiction of the Shoreline Management Act if necessary to bring the areas of the development within the jurisdiction of the Shoreline Management Act into compliance with the Act, Chapters 173-16 and 173-27 WAC and Chapters 20.10 and 20.55 ECDC. [Ord. 3318 § 3, 2000].
23.10.220 Special regulations – Nonconformance.
Where nonconforming development exists, the following definitions and standards shall apply:
A. “Nonconforming development” means a shoreline use or structure which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program or policies of the act;
B. Nonconforming development may be continued; provided, that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity;
C. A nonconforming development which is moved any distance must be brought into conformance with the applicable master program;
D. If a nonconforming development is damaged to an extent not exceeding 75 percent replacement cost of the original structure, it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged, so long as restoration is either:
1. Completed within one year of the date of damage, or
2. Completed within one year of the date of issuance of all required permits, so long as applications for such permits are submitted within six months of the date of damage and are pursued in a timely manner;
E. If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, any subsequent use shall be conforming. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire;
F. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed; and
G. An undeveloped lot, tract, parcel, site, or division which was established prior to the effective date of the act or the applicable master program but which does not conform to the present lot size or density standards may be developed so long as such development conforms to other requirements of the applicable master program and the act. [Ord. 3318 § 3, 2000].
Part V. Appendices
23.10.230 Map of shoreline environments and jurisdictions.
These maps follow this chapter. [Ord. 3318 § 3, 2000].
23.10.235 Calculating average grade level.
Reserved. [Ord. 3318 § 3, 2000].
23.10.240 Calculating average parcel depth.
Reserved. [Ord. 3318 § 3, 2000].
23.10.245 Calculating waterward view corridor.
Reserved. [Ord. 3318 § 3, 2000].
23.10.250 Interpretations of this master program.
Reserved. [Ord. 3318 § 3, 2000].