Ord 99-355
ORDINANCE NO. 99-355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 18
OF THE FEDERAL WAY ZONING CODE, I ADOPTING
SPECIFIC AMENDMENTS TO THE SHORELINE
REGULATIONS AND ADOPTING A SHORELINE MASTER
PROGRAM TO INCLUDE IN THE FEDERAL WAY
COMPREHENSIVE PLAN AND TO REPLACE THE
ADOPTED KING COUNTY ORDINANCE (Title 25).
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A.
WHEREAS amendments to the Federal Way City Code (FWCC) text and
Shoreline Master Program Map are authorized pursuant to the authority of the Shoreline
Management Act of 1971, RCW Ch 90.58 as amended, and the Shoreline Management
Guidelines, WAC Ch 173-14; and
B.
WHEREAS the Federal Way City Council has considered proposed changes
to the FWCC regarding specific shoreline management regulations; and
C.
WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission as a priority item for its review and
recommendation; and
D.
WHEREAS the Federal Way Planning Commission, having considered the
Proposal at public hearings during 1998 on April 1 st pursuant to FWCC Section 22-523,
ORD # 99-1')')
, PAGE 1
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and all public notices having been duly given pursuant to FWCC Section 22-528; and
E.
WHEREAS the public was given opportunities to comment on the Proposal
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during the Planning Commission review; and
F.
WHEREAS the City of Federal Way SEPA responsible official issued a
Declaration of Nonsignificance on April 10, 1998; and
G.
WHEREAS following the public hearings, the Planning Commission submitted
to the Land Use and Transportation Committee of the City Council its recommendation in
favor of proposed shoreline text amendments adding sections to the FWCC as noted
previously; and
H.
WHEREAS the Federal Way Land Use and Transportation City Council
Committee met on May 27, June 2, August 3, and October 26, 1998 to consider the
recommendation of the Planning Commission and has moved to forward the Proposal, with
amendments, to the full City Council; and
I.
Whereas the Council adopted the Ordinance December 1, 1998 with the
understanding that the Department of Ecology would review the Ordinance prior to it's
being final, and
H.
Whereas the Department of Ecology reviewed the Ordinance and submitted
wording changes that were reviewed by the Federal Way Land Use and Transportation
Committee on November 4, 1999 and has moved to forward those wording changes to the
full Council for adoption; and
J.
WHEREAS there was sufficient opportunity for the public to comment on the
ORD # 99-355
, PAGE 2
Proposal; NOW, THEREFORE,
THE CITY COUNCIL OF TH!;:CITY OF FEDERAL WAY, WASHINGTON,
. ..'. '. t
DOES HEREBY ORDAIN AS FOLLOWS: ..
Section 1. Findinas. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
1.
The Federal Way City Council adopted the Federal Way Comprehensive Plan
in order to comply with the State's Growth Management Act; and
2.
The Federal Way Comprehensive Plan contains policies that call for the
adoption of a new Shoreline Management Plan; and
3.
The Federal Way SEPA responsible official has issued a Declaration of
Nonsignificance on April 1, 1998; and
4.
The proposed code amendments would notadverselyaffectthe public health,
safety or welfare; and
5.
The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following
ORD # 99-355
. PAGE 3
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the
Proposal:
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1.
The Proposa' IS consistent with the following Comprehensive Plan goals and
policies contained in the Natural Environment chapter:
NEG10 Create a new shoreline master program that is consistent with
community values, land use and environmental protection.
NEP44 The City should create a new Shoreline Master Program that is
consistent with State law, and the policy direction of the Natural
Environment and Land Use chapters of this Plan.
NEP45 The Shoreline Master Program should recognize the unique
recreational and natural habitat of the City's shorelines,
2,
The Proposal bears a substantial relationship to the public health,
safety and welfare because it implements policies aimed at protecting
the City's natural environment and promotes site sensitive development
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is
amended to provide as set forth in Attachment A and; The Federal Way
Comprehensive Plan is amended to provide for as set forth in Attachment B and by
this reference these Attachments are incorporated therein,
Section 4, The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or
portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of the ordinance, or the
ORD # 99-355
, PAGE 4
validity of its application to other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior
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to the effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in
force five (5) days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
16th
day of NovpmhPT
, 1999.
CITY OF FEDERAL WAY
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MAYOR, ONALD L GINTZ
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CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~lIN'DE:~
FILED WITH THE CITY CLERK: 11/15/99
PASSED BY THE CITY COUNCIL: 11/16/99
ORD # 99-355
, PAGE 5
PUBLISHED: 11/20/99
EFFECTIVE DATE: 11/21/99
ORDINANCE NO. 99-35.5
ORD#
, PAGE 6
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ARTICLE III. SHORELINE
MANAGEMENT* (Reyised)
'Cross reference(s)--Regulations regarding structures built over water, § 8-54; requirements for drainage
review, § 21-87; supplementary zoning district regulations, § 22-946 et seq.
State law reference(s)--Shoreline management act, RCW 90.58.030.
DIVISION I. GENERALLY
Sec. 18-161. Purpose and authority.
The city adopts these regulation under the authority of the Shoreline Management Act of
1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch. 173-14.
(Ord. No. 90-38, § 1(24.10),2-27-90)
See. 18 162. Shot dine masler program.
(a) Tl,c eit) adepts b) rcfcIenec the fðlle.,ing pertien3 efKiI,g CðttIít) Ordinm,ec Nõ.
3692, Shðtcline Master Plðgraffi (gðals, ðbjeeti .e3 and pðlieie3), efte eðp) ef ..hieh is eft file
..ith the effiee eftbe eit) clerk.
(I)
(2)
(3)
Mastel prðgram clcn.eftts.
ShðreIiI,e eft. iretdllents.
Shõtcline use aeti.ities.
(b) The cit) adòpt3 b) rcfcleftee pðrtiðft3 efthe Kiftg Cðttnt) Còde, Title 25, ShorcliI,e
Maftagetuent as fõlle..s, ðfte eel') of ..låeh i3 ðft file ..itb the eil) clerk.
(I)
(2)
(3)
(4)
(5)
(6)
Chapter 25,EJ4, Pmpð3e, title, seðpe.
CLapler 25.08, Ddilåtiðfi3.
Chapter 25.12, Eft. ironment élc3ignatiðfi3.
CI,a]5ter25.16, UrbMcn.irõ/tluent.
Chapter 25.20, Rtttal er.. ifðllffiefit.
CI"']51el 25.24, Cefi3cr.m,C) eft,imltll,ent.
(7) Cha]5let 25.28, Þiatural en. ifðhft,ellt.
(Ord. lie. 99 :;8. ¡ ICI.:8.18, 21.°8.29). 2:7 ')0)
Sec. 18-+63 162. Jurisdiction.
(a) The provisions of this article shall apply to all development proposed within the areas
defined as shorelines in RCW 9058.0ó130(2')( d), and shorelines of statewide significance in RCW
90.58.030(2)(e). The approximate location of these shorelines shall be designated on maps
maintained by the department of community development; however, the property owner or
applicant shall be responsible for detennining the exact locati.fn of the shoreline when a permit is
filed.
(b) No development shall be undertaken by any person on the shorelines of the state
without obtaining a shoreline permit from the department of community development; provided,
that a permit shall not be required for development exempted from the definition of substantial
development in WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and
(lO).
(Ord. No. 90-38. § 1 (24.30.1 0.24.30.20),2-27-90)
Sec. 18-163. Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this chapter. Chapter
22. RCW Chapter 90.58. and WAC 173-26 shall applv.
Access: Public access means actual unobstructed access ayailable to the general public
from land to the ordinarv high water mark or to the wetland directlv abutting the ordinarv high
water mark.
Access: Limited Dublic access means:
1,
Actual phvsical access from land to the ordinary high water mark or to the
wetland directly abutting the ordinary high water mark. such access being limited
to specific groups of people or to certain regularlv prescribed times' or
2.
Visual access available to the general public to the shoreline and adiacent
waterbodv. such access being specifically provided for in the development of the
site.
Averaze ç¡rade level means the average of the natural or existing topographv at the center
of all exterior walls of a building or structure to be placed on a site: provided. that in the case of
structures to be built over water. average grade level shall be the elevation or ordinary high
water.
Bach'hare means a benn. together with associated marshes or meadows. on marine
shores landward of the ordinary high water mark which is normal above high tide level and has
been gradually built UP by accretion.
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Beach lèedinf! means landfill deposited on land. or in the water. to be distributed by
natural water processes for the purpose of supplementinl! beach material.
Berm means one or several linear mounds of sa,p&;1:1d gravel generally paralleling the
shore at. or landward of. the ordinary high water mark. ,:Ùêh are normally stable because of
material size or vegetation.
Breakwater means an off-shore structure. either floating or not. which mav or mav not be
connected to the shore. such structure being designated to absorb and/or reflect back into the
water body the energy of the waves.
Bulkhead means a solid or open pile of rock concretc. steel. timber. other materials. or a
combination of these materials erected generally parallel to and near the ordinarv high water
mark for the purpose of protecting adjacent shorelands and uplands from waves or currents.
Class / beach means a beach or shore having dependable. geologicallv full v developed.
and normallv dry backshore above high tide.
Class 1/ beach means a beach or shore having only marginally. geologically partially
developed. and not dependably dry backshore above high tide.
Class /// beach means a beach or shore having no dry backshore available at high tide.
Environment. or master orOf!ram environment. or shoreline environment means the
categories of shorelines of the state established by the Citv of Federal Way shoreline
management master program to differentiate between areas whose features imply differing
objectives regarding their use and future development.
Float means a structure or device which is not a breakwater and which is moored.
anchored. or otherwise secured in the waters of Federal Wav. and which is not connected to the
shoreline.
Groin means a barrier type structure extending from the backshore into the water across
the beach. The purpose of a groin is to interrupt sediment movement along the shore.
Jettv means an artificial barrier used to change the natural littoral drift to protect inlet
entrances from clogging by excess sediment.
Liftoral drili means the natural movement of sediment along marine or lake shorelines by
wave breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the
shoreline and are not considered priority uses under the SMA Examples includc professional
offices. automobile sales or repair shops. mini-storage facilities. multi-family residential
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development. department stores. and gas stations.
....
Strimdine setback means a straight line drawn between the points on the primary
t.ûildi,r,gs having the greatest proiection-(including appurtenant structures such as decks)
wateiward on the two adjacent properties.
Water-devendent means a use or portion of a use which can not exist in anv other location
and is dependent on the water by reason of the intrinsic nature of its operations. Examples of
water dependent uses may include ship cargo tenninalloading areas. ferry and passenger
terminals. barge loading facilities. ship building and drv docking. marinas. aquaculture. float
plane facilities and sewer outfalls.
Water-eniovrnent 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 enjovment 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 qualifv as a water-
enjoyment use. the use must be open to the general public and the shoreline oriented space within
the proiect 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 and other
improvements facilitating public access to shorelines of the state; and general water-enjoyment
uses mav include. but are not limited to. restaurants. museums aquariums. scientific/ecological
reserves. resorts and mixed-use commercial; Provided. that such uses confonn to the above
water-eniovment specifications and the provisions of the master program.
Water-oriented means anv combination of water-dependent. water-related. and/or water-
enjoyment uses and serves as an all-encompassing definition for priori tv uses under the SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic vitalitv is dependent uPon a water-front location
because:
(a) of a functional requirement for a waterfront location such as the arrival or shipment of
materials bv water or the need for large quantities of water or.
(b) the use provides a necessarv service supportive of the water-dependent commercial
activities and the proximitv of the use to its customers makes its services less expensive
and/or more convenient. Examples include professional services serving primarilv water-
dependent activities and storage of water-transported foods.
DIVISION 2. SHORELINE REGULA nON
Sec. 18-164. Environmental designations.
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Sec. 18-164.01. Purpose.
Thc ur ose of these desi nations is to differentiate between areas whose eo ra hical
hydrological, topographi.cal, or other features imply differing objectives regarding the use and
future deve,opment of the shorelines of the city. ' "
Each environment designation represents a particular emphasis in the tvpe of uses and the
extent of develo ment that should occur within it. The environmental desi nation s stem is
desi ned to encoura e uses in each environment that enhance or are com atible with the
character of the environment. while at the same time requiring reasonable standards and
restrictions on develo ment so that the character of the environment is not adversel im acted.
Sec. 18-164.02. Names of environment desi!!nations.
In order to accomplish the purpose of this title. environmental designations have been
established to be known as follows:
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2."
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Natural environment.
Conservancv residential environment.
Rural environment.
Urban environment.
Sec. 18-164.03 Limits of environment desi!!nations.
2."
Each environment designation shall consist of:
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The entire water body from its centerline or point. including all water below the
surface. the land below the water bodv the sDace above the water bodv and the
shorelands associated with the water bodv,
The shoreline areas where severe biophvsical constraints such as floodplains.
steep slopes. slide hazard areas. and wetlands do not cover the entire associated
shoreland. Proposed development in the remaining area mav be pennitted
consistent with the character of the surrounding land use. the phvsical capabilities
of the shorelands. and applicable citv land use plans and policies.
Sec. 18-164.04 Establishment of desi!!nations.
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2."
The written descriptions of the boundaries of the shoreline environment
designations as adOPted by ordinance in the possession of the department shall
constitute the officiallel!al descriPtions of the boundaries of those environment
designations.
The official maps prepared pursuant to WAC 173-16 and 173 .26 in the possession
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of the department shall constitute the official descriptions of the limits of all
shore lands in the Citv of Federal Wav as defined bv RCW 90.58.030 and section
18.163 of this chapter.
1.,
The department mav. from time to time as new or improved information becomes
available modifv the official maps described in subsection 2 of this section
consistent with state guidelines to more accuratelv represent. clarify. or interpret
the true limits of the shorelines defined herein.
Sec. 18-164.05. Location of boundaries.
1.,
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1,
Boundaries indicated as following streets. highwavs. roads. and bridges shall be
deemed to follow the centerline of such facilities unless otherwise specified.
2.,
Boundaries indicated as following railroad lines and transmission lines shall be
deemed to follow the centerline of such rights-of-wav or easements unless
otherwise specified.
Where different environmental designations have been given to a tributary and the
main stream at the point of confluence the environmental designation given to the
main stream shall extend for a distance of200 feet UP the tributary.
In case of uncertaintv as to a wetland or environment boundary. the director of
communitv development seryices shall determine its exact location pursuant to
the criteria of WAC 173-22-055 and RCW 90.58.030. and the provisions of this
chapter.
Sec. 18-165. Urban environment.
Sec. 18-165.01. Purpose.
The purpose of designating the urban environment is to ensure optimum utilization of the
shorelines of the state within urbanized areas bv permitting intensive use and bv managing
development so that it enhances and maintains the shorelines of the state for a multiplicit~ of
urban uses. The urban environment is designed to reflect a policy of increasing utilization and
efficiency of urban areas. to promote a more intense level of use through redevelopment of areas
now under utilized. and to encourage multiple use of the shorelines of the citv if the maior use is
water dependent or water related. while at the same time safeguarding the aualitv of the
environment.
Sec. 18-165.02. Desi2:nation criteria.
Designation criteria for the urban environment shall be:
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Shorelines of the city used or designated for otIìce and commercial and high
intensity recreational use.
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Shorelines of the city of lower intensity use. where surrounding land use is urban
and urban services are available.
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Shorelines of the city used or designated for multifamily residential develooment.
1,
Shorelines of the citv developed for residential purposes and where surrounding
land use is urban and urban services are available.
2.,
Shorelines of the city to be designated urban environment shall not have
bioohvsicallimitations to develooment such as floodolains. steep slooes, slide
hazard areas, and wetlands.
Sec. 18-165.03. General ReQuirements,
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Development waterward of the ordinarv high water mark is prohibited except
water dependent recreational uses and DubUc utilities.
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No structure shall exceed a height of 35 feet above average grade level. This
reQuirement may be modified if the view of anv neighboring residences will not
be obstructed, if permitted outright bv the aoolicable orovisions of the underlying
zoning, and if the proposed develooment is water related or water dependent.
All develooment shall be required to provide adeQuate surface water retention and
sedimentation facilities during the construction period.
Development shall maintain the first 50 feet of property abutting a natural
environment as required open space.
Parking facilities, exceot parking facilities associated with detached single-family
development. shall confonn to the following minimum conditions:
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Parking facilities serving individual buildings on the shoreline shall be
located landward from the principal building being served, EXCEPT when
the oarking facility is within or beneath the structure and adequately
screened, or in cases when an alternate location would have less
environmental impact on the shoreline.
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Anv outdoor parking area perimeter, excluding entrances and exits, must
be maintained as a olanting area with a minimum width of five feet.
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Parking as a orimarv use shall be orohibited. 0 .CI ..¡¡t~1 ¡¡fit! ,.-ithin
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shordi¡,c itlliscliction.
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Parking in shoreline iurisdiction shall directlv serve a permitted shoreline
use.
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One live tree with a minimum height of four feet shall be required for each
30 linear feet of planting area.
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One live shrub of one-gallon container size. or larger. for each 60 linear
inches ofnlanting area shall be required.
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Additional perimeter and interior landscaping of parking areas mav be
required. at the discretion of the director. when it is necessarv to screen
parking areas or when large parking areas are proposed.
In addition to anv requirements imposed bv Chanter 21 of this code. collection
facilities to control and separate contaminants shall be required where stormwater
runoff from impervious surfaces would degrade or add to the pollution of
recipient waters of adiacent properties.
The regulations of this chanter have been categorized in a number of sections.
regardless of the categorization of the various regulations. all development must
comnlv with all applicable regulations.
Sec. 18-165.04. Residential development.
Single familv and multiple familv residential development mav be permitted in the urban
environment subiect to the general requirements of Chanter 22. Article XI Divisions 3 and 4.
and the following:
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Single familv or multiple familv residential development is permitted in the
underlving zone classification.
Residential development is prohibited waterward of the ordinary high water mark.
Setbacks.
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Simde family residential development shall maintain a minimum setback
behind the stringline setback. or 50 feet from the ordinarv high water
mark. whichever is greater. excePt in the following cases:
.L.
If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to
phvsical constraints of the lot. then the director of community
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development services can reduce the setback to the minimum
necessary in order to build a sins:!le family home, but in no case,
less than 30 feet from the ordinary high water mark. For the
purposes of this section. "physical constraints" includes but is not
limited to that constraint created bv the installation and location of
a new septic svstem when public sewer service is not available.
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If the property is developed with a single familv home beyond the
stringline setback or within 50 feet of the ordinary high water mark
if there are no adiacent residences, then the residence can only be
added to if the addition will not make the structure any more
nonconforming as to its setback and the height of the addition
within the setback area is not increased. or the applicant may
request a shoreline variance and conditional use permit.
1,
If single family residential development is proposed on a lot where
properties adiacent to both sides ofthe lot are deyeloped in single
familv residences located less than 50 feet from the ordinary high
water mark, then the proposed residential development may be
located the same distance from the ordinarv high water mark as the
adiacent residences ( using stringline method) or 30 feet from the
ordinary high water mark. whichever is greater.
1,
If the residential development is proposed on shorelines that
include one or more sensitive areas. as defined in Chapter 22 of
this code. such development shall maintain setbacks in accordance
with the regulations and procedures set forth in Article XIV of
Chapter 22.
Mulli{amilv residential development shall maintain a setback behind the
stringline setback. or 75 feet from the ordinary high water mark,
whichever is greater. except in the following cases:
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If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to
phvsical constraints of the lot. then the setback can be reduced to
the minimum necessary in order to build a single family home. but
in no case less than 30 feet of the ordinary high water mark.
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If the property is developed with a single or multifamilv structure
beyond the stringline setback or within 75 feet of the ordinary high
water mark if there are no adjacent single or multifamily structures,
then the structure can only be added to ¡fthe addition will not
make the structure any more nonconforming as to its setback and
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the height of the adition within the structure is not increased or the
applicant may request a shoreline yariance and conditional use
permit.
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If the residential deyelopment is proposed on shorelines that
include one or more sensitiye areas: as defined in Chapter 22 of
this code. such deyelopment shall maintain setbacks in accordance
with regulations and procedures set forth in Article XIV of Chapter
22.
1.,
Residential accessory structures may be placed within the required shoreline
setback. proyided:
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No accessory structure. except swimming pools. shall coyer more than 150
square feet.
h.,
No accessory structure shall obstruct the yiew of the neighboring
properties.
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No accessory structure shall exceed eight feet in height.
Sec. 18-165.05. Residential piers. moora!!e. or launchin!! facilities. Conditions.
Any pier. moorage. float. or launching facility authorized bv sections 18.165.04 through
18.165.06 shall be subiect to the following conditions:
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Residential piers are prohibited on the Puget Sound shoreline.
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No dwelling unit may be constructed on a pier.
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Excayated moorage slips shall not be pennitted accessory to single family
residences. multifamily deyelopment. or as common use facilities accessory to
subdiyisions and short subdivisions.
1.,
No coyered pier. coyered moorage. coyered float. or other covered structure is
pennitted waterward of the ordinary high water mark.
No pier. moorage. float. or over water structure or device shall be located closer
than 15 feet from the side property line extended. except that such structures may
abut property lines for the common use of adiacent property owners when
mutually agreed to by the property owners in a contract recorded with King
County. a COpy of which must accompanv an application for a building pennit or
a shoreline permit; such joint use piers may be pennitted UP to twice the surface
area allowed by this title.
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All piers. moorages. floats. or other such structures shall float at all times on the
surface of the water. or shall be of open Dile construction Drovided no Dortion of
the structure shall. during the course of the normal fluctuations of the elevation of
the water bodv. Drotrude more than five feet above the surface of the wat,er,
Sec. 18-165.06. Residential Diers. moora!!e. or launchin!! facilities. Accessory to residential
develoDment.
Piers, moorages, floats. or launching facilities may be Dermitted accessory to a single
familv residence, multifamilv develoDment, or as common use facilities associated with a
subdivision. in accordance with this chaDter and the following limitations:
1,
1,
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Private sinr:le residence Diers for the sole use of the DroDertv owner shall not be
pennitted outright on Citv of Federal Way shorelines.
A Dier mav be allowed when the aDDlicant has demonstrated a need for moorage
and has demonstrated that the following alternatives have been investigated and
are not available or feasible:
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Commercial or marina moorage.
Floating moorage buoys.
Joint use moorage Dier.
No more than one Dier for each residence is Dennitted. On lots with less than 50
feet of waterfront. on Iv joint use Diers shall be Dennitted exceDt when both lots
abutting the subject lot have legallv established Diers then the lot with less than 50
feet of waterfront mav be Dermitted an individual Dier.
Multivle (amilv residence Diers and Diers associated with a subdivision as a
common use facility shall not exceed the following:
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No more than one Dier for each 100 feet of shoreline associated with the
multifamilv develoDment. subdivision. or short subdivision is Dermitted.
The total number of moorage SDaces shall be limited to one moorage SDace
for every two dwelling units in the multifamily develoDment, subdivision.
or short subdivision.
Pier alld moorage size.
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The maximum waterward intrusion of anv Dortion of any pier shall be 36
feeL or the Doint where the water deDth is 13 feet below the ordinarv high
water mark whichever is reached first. Drovided:
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If a pier is a common use pier associated with a multiple familv
development or subdivision this intrusion may be increased four
feet for each additional moorage space over six moorage spaces to
a maxin-31m of 76 feet.
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The maximum width of each pier shall be eight feet.
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No float shall have more than 100 square feet of surface area.
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The total surface area of piers, moorages. floats. and/or launching
facilities or any combination thereof. associated with a single family
residence shall not exceed 500 square feet.
~
No pier. including finger pier. moorage. float. or over water structure or
device. shall be wider than 25 percent of the lot with which it is
associated.
Moorage viles. Moorage piles not constructed in conjunction with a pier are
limited bv the following conditions:
!!,.
All piles shall be placed so as to not constitute a hazard to navigation.
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No pile shall be placed more than 80 feet waterward of the ordinary high
water mark.
f.,
All moorage piles shall be placed in a water depth not to exceed 13 feet
below the ordinary high water mark.
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No more than two moorage piles per residence are pennitted.
Launching ramps and lift stations require a shoreline conditional use vennit and
are limited bv the following conditions:
!!,.
No portion of a launching ramp or lift station shall be placed more than 60
feet waterward of the ordinary high water mark.
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All portions of a launching ramp or lift station shall be placed at a depth
not to exceed eight feet below the ordinary high water mark.
f.,
Launching rails or ramps shall be anchored to the ground through the use
of tie-type construction. Asphalt. concrete, or other ramps which solidly
cover the water body bottom are prohibited.
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No more than one launching rail per single family residence is pennitted.
L
and no more than two common use launching ramps for each 100 feet of
shoreline associated with a multifamilv deyelooment. short subdivision. or
subdivision.
Floats are limited under the following conditions:
ih
One float per single family residence. multifamily development. short
subdivision. or subdivision is oennitted.
~
No portion of a float shall be placed more than 36 feet waterward of the
ordinary high water mark.
~
Retrieval lines shall not float at or near the surface of the water.
st
No float shall have more than 100 square feet of surface area.
Sec. 18-165.07. Utilities.
Utilitv facilities may be oennitted in the urban environment subject to the requirements of
this chapter. provided:
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Utility and transmission facilities shall:
ih
Avoid disturbance of unique and fragile areas.
~
A void disturbance of wildlife spawning. nesting. and rearing areas.
~
Overhead utility facilities shall not be pennitted in public Darks.
monuments. scenic. recreation. or historic areas.
Utility distribution and transmission facilities shall be designed so as to:
Minimize yisual impact.
Harmonize with or enhance the surroundings.
Not create a need for shoreline protection.
Utilize to the greatest extent possible natural screening:.
The construction and maintenance of uti lit v facilities shall be done in such a way
so as to:
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Maximize the preservation of natural beautv and the conservation of
resources.
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Minimize scarring ofothe landscape.
£.,
Minimize siltation and erosion.
fl
Protect trees. shrubs. grasses. natural features. and topsoil from drainage.
~
A void disruption of critical aquatic and wildlife stages.
Rehabilitation of areas disturbed bv the construction and/or maintenance of utility
facilities shall:
<h
Be accomplished as rapidlv as possible to minimize soil erosion and to
maintain plant and wildlife habitats.
12,
Utilize plantings compatible with the natiye yegetation.
Solid waste transfer stations shall not be pennitted within the shorelines of the
state.
Sec. 18-165.08. Office and commercial development.
Office development mav be allowed in the urban environment subiect to the requirements
of this chapter, provided:
L
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1,
The office or commercial use or activitv is pennitted in the underlving zoning
classification.
Office and commercial development shall maintain a setback behind the stringline
setback. or 75 feet from the ordinary high water mark. whichever is greater.
except in the following cases:
If the propertv is developed with a structure within 75 feet of the ordinary
high water mark. then the structure can onlv be added to if the addition
will not make the structure any more nonconfonning as to its setback.
If a development is proposed on shorelines that include one or more
sensitive areas. as defined in Chapter 22 of this code, such development
shall maintain setbacks in accordance with regulations and procedures set
forth in Article XIV of Chapter 22.
Piers. moorages. floats. and launching facilities will not be pennitted in
-14-
coni unction with office or commercial development; unless thev are developed as
part of on-site public access to the shoreline.
Sec. 18-165.09. Shoreline protecti~n..
Shoreline protection mav be permitted in the urban environment. provided:
1,
b
Bulkheads shall not be considered an outright permitted use on the Puget Sound
shoreline. In order for a proposed bulkhead to be pennitted on the Puget Sound
shoreline. or for a lake shore bulkhead to qualifv for the RCW 90.58.030(3)(e)(iii)
exemption from the shoreline permit requirements. the City of Federal Way shall
review the proposed bulkhead design as it relates to local physical conditions and
the Citv of Federal Wav shoreline master program and must find that:
1!,
Erosion from waves or currents presents a clear an imminent threat to a
legallv established residence. one or more substantial accessory structures.
or public improvements;
12,
The proposed bulkhead is more consistent with the intent of the City of
Federal Way shoreline master program in protecting the site and adioining
shorelines than other nonstructural alternatives such as slope drainage
svstems. vegetative growth stabilization. gravel benns. and beach
nourishment. and that such alternatives are not technically feasible or will
not adequatelv protect a legallv established residence or substantial
accessory structure;
£,
The proposed bulkhead is located landward of the ordinary high water
mark; and
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The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters. or four feet in
height on lakes.
A shoreline protection proiect replacing an existing bulkhead shall be placed
along the same alignment as the shoreline protection it is replacing. subiect to the
following:
1!,
Q,
When a bulkhead has deteriorated such that the ordinary high water mark
has been established by the presence and action of water landward of the
existing bulkhead. then the replacement bulkhead must be located at or as
near as possible to the actual ordinary high water mark.
When an existing bulkhead is being repaired by the construction of a
-15-
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vertical wall fronting the existing wall. it shall be constructed no further
waterward of the existing bulkhead than is necessary for construction of
new footings.
. .
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Beach nourishment and bioengineered erosion control proiects mav be
considered a normal protective bulkhead when anv structural elements are
consistent with the above requirements. and when the proiect has been
approved bv the Department of Fish and Wildlife.
Shoreline protection shall not have adverse impact on the propertv of others and
shall be designed so as not to create a need for shoreline protection elsewhere.
!h
Shoreline protection shall not significantlv interfere with normal surface
and/or subsurface drainage into the water bodv and shall be constructed
using an approved filter cloth or other suitable means to allow passage of
surface and groundwater without intemal erosion of fine material.
~
Shoreline protection shall not be used to create new lands. except that
groins mav used to create or maintain a public Class I beach if they
complv with all other conditions of this section.
!;.
Groins are pennitted onlv as Dart of a public beach management program.
Jetties and breakwaters are not pennitted.
Sec. 18-165.10. Recreation.
Recreational development mav be permitted in the urban environment subiect to the
general requirements of this chaPter. provided:
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1.,
The recreational development is pennitted in the underlving zone.
Swimming areas shall be separated from boat launch areas.
The development of underwater sites for sport diving shall not:
Take place at depths of greater than 80 feet.
Constitute a navigational hazard.
Be located in areas where the nonnal waterborne traffic would constitute a
hazard to those people who mav use such a site.
The construction of swimming facilities. piers. moorages. floats. and launching
facilities below the ordinarv high water mark shall be governed bv the regulations
-16-
of sections 18.165.05 and 18.165.06 of this chapter.
i,
Public boat launching facilities may be developed. provided:
1h
The traffic generated bv such a facility can be safely and conveniently
handled bv the streets serving the proposed facility.
Q,
The facility will not be located on a Class I beach.
§.,
Upland facilities constructed in conjunction with a recreational development shall
be setback and/or sited to avoid contamination of the shorelines of the city.
L.
Public pedestrian and bicvcle pathwavs shall be permitted adjacent to water
bodies.
~
Public contact with unique and fragile areas shall be permitted where it is possible
without destroying the natural character of the area.
2,
Water viewing. nature study. recording, and viewing shall be accommodated by
space. platforms, benches, or shelter consistent with public safetvand securitv.
Sec. 18-165.11. Salmon and Steelhead Habitats
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Structures which prevent the migration of salmon and steelhead are prohibited
3ha:Il nôt be aile ..ed in the portions of the water bodies used bv fish. Fish bvpass
facilities shall allow the upstream migration of adult fish. Fish bypass facilities
shall prevent fry and juveniles migrating downstream from being trapped or
harmed
Landfills shall not intrude into salmon and steelhead habitats. except as provided
in regulation 3.
Landfills may intrude into salt water areas used bv salmon and steelhead for
migration corridors. rearing, feeding and refuge onlv where the proponent obtains
a conditional use permit (CUP) and demonstrates all of the following conditions
are met:
a. The landfill is for water-dependent or water-related use.
b. An alternative alignment or location is not feasible:
c. The proiect is designed to minimize its impacts on the environment:
-17-
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d. The facility is in the public interest: and
e. If the proiect will create significant unavoidable adverse impacts. the impacts
,-are mitigated bv creating in-kind replacement habitat near the project. Where in-
. kind replacement mitigation is not feasible. rehabilitating degraded habitat may be
required as a substitute.
'l
Unless the applicant demonstrates that bioengineering techniques will not be
successful. bulkheads and other shoreline protection structures are prohibited in
salmon and steelhead habitat.
2.,
Where bulkheads and other shoreline protection structures are allowed. the toe of
the bulkhead or structure shall be located landward of the ordinary high water
mark except as provided in regulation 6 below. Where an existing bulkhead or
structure cannot be removed because of environmental. safety. or geological
concems. the least environmentallv impacting altemative shall be used. Any
replacement bulkhead or shoreline protection structure shall be as close to the
existing structure as possible.
~
Bulkheads. breakwaters. ietties. groins and other shoreline protection structures
may intrude into salmon and steelhead habitats only where the proponent
demonstrates all of the following conditions are met:
a. An altemative alignment or location is not feasible:
b. The project is designed to minimize its impacts on the environment:
c. The facility is in the public interest: and
d. If the project will create significant unavoidable adverse impacts. the impacts
are mitigated bv creating in-kind replacement habitat near the proiect. Where in-
kind replacement mitigation is not feasible. rehabilitating degraded habitat mav be
required as a substitute.
Docks. piers. pilings and floats may be located in water areas used bv salmon and
steelhead for migration corridors. rearing. feeding and refuge. proyided the
facilities use open piling construction. Approach fills shall be located landward of
the ordinary high water mark. Docks. piers. pilings and floats shall not be located
in other salmon and steelhead habitats. The proiect shall be designed to minimize
its impacts on the environment.
Open pile bridges are the preferred water crossing structures over salmon and
steel head habitats. If a bridge is not feasible. one of the following water crossing
structures mav be approved if the impacts are acceptable: temporarv culverts,
bottomless arch culverts, elliptical culverts or round culverts. These structures are
listed in prioritv order, with the first having the highest preference and the last the
lowest pr~ereDce. In order for a lower prioritv struc~ure to be ~erm.itted, tl1:.Ã..
applicant must show the h¡¡!her pnontv structures are not feasible: The'proJect
, shall be designed to minimize its impacts on the environment
2,
Bridges and in-water utilitv corridors mav be located in salmon and steelhead
habitat provided the proponent shows that all of the following conditions are met:
a. An alternative alignment is not feasible;
b. The proiect is located and designed to minimize its impacts on the
environment:
c. Anv alternative impacts are mitigated: and
d. Anv landfill is located landward of the ordinarv high water mark. Open piling
and piers required to construct the bridge mav be placed waterward of the
ordinarv high water mark, if no alternative method is feasible,
Notwithstanding regulation 4, when installing in-water utilities, the installer mav
place native material on the bed and banks of the water bodv or wetland to
reestablish the preconstruction elevation and contour of the bed. The proiect shall
be designed to minimize its impacts on the environment
ill
Dredging which will damage shallow water habitat used bv salmon and steelhead
for migration corridors, rearing, feeding and refuge shall not be allowed unless the
proponent demonstrates all of the following conditions are met:
a, The dredging is for a water-dependent or water-related use;
b. An alternative alignment or location is not feasible:
c. The project is designed to minimize its impacts on the environment;
d. The facilitv is in the public interest; and
e. [fthe project will ere ate significant unavoidable adverse impacts, the impacts
are mitigated bv creating in-kind replacement habitat near the proiect Where in-
kind replacement mitigation is not feasible, rehabilitating degraded habitat mav be
required as a substitute.
LL
Dredging and the removal ot" bed materials below the water line is prohibited
within salmon and steelhead spawning areas.
-19-
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In-water dredge spoil disposal sites shall not be located in salmon and steelhead
habitats.
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Laridfilling. dredging. channelization sand other activities which negativelv
impact habitat values are prohibited in wetlands. ponds. and side channels which
provide refuge or other habitat for salmon or steelhead.
Within salmon and steel head habitats. permanent channel changes and
realignments are prohibited.
Aquaculture uses shall not be established in salmon and steelhead habitat. except
for areas that are on Iv used for migration corridors. This regulation onlv applies
to in-water aquaculture uses. not upland aquaculture uses.
The removal of aquatic and riparian vegetation within or adiacent to salmon and
steelhead habitats shall be minimized. Trees which shade side channels. streams.
rivers. ponds and wetlands used bv salmon and steelhead shall be maintained.
Areas of disturbed earth shall be revegetated.
Unless removal is needed to prevent hazards to life and propertv or to enhance
fish habitat. large woodv debris below the ordinary high water mark shall be left
in the waterwav to provide salmon and steelhead habitat.
Outfalls within or upstream of salmon or steelhead spawning areas shall be
designed and constructed to minimize disturbance of salmon and steelhead
spawning beds.
Sec. 18-166. Rural environment.
Sec. 18-166.01. Purpose.
The purpose of designating the rural environment is to restrict intensive development.
function as a buffer between urban areas. and maintain open spaces and opportunities for
recreation uses within the ecological carrying capacitv of the land and water resource. New
developments in a rural environment should reflect the character of the surrounding area bv
limiting intensitv. providing pennanent open space. and maintaining adequate building setbacks
from the water to prevent shoreline resources from being destroved for other rural tvpes of uses.
Sec. 18-166.02. Desi!!:nation criteria.
Designation criteria for the rural environment shall be:
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Shorelines of the citv used or designated for residential development at a density
of three units oer acre or less.
~
Shorelil)eS of the city developed for residential purposes where surrounding land
use is residential in character without all urban services.
.:L
Shorelines of the city to be designated rural shall not have limitations to
dcyelopment due to sensitive areas such as f1oodplains. steep slopes. slide hazard
arcas. and/or wetlands.
Sec. 18-166.03. General requirements.
The general requirements for development within a rural environment shall be the same
as those for the urban environment. section 18.165.03.
Sec. 18-166.04. Residential deyelooment.
Single family residential development may be permitted in the rural environment subject
to the general requirements of the residential provisions of section 18.165.04 of the urban
environment.
Sec. 18-166.05. Residential piers, mooral!e, or launchinl! facilities.
Piers. moorages. floats. or launching facilities mav be permitted accessory to a single
family residence in accordance with sections 18.165.05 and 18.165.06 of the urban environment.
Sec. 18-166.06. Subdivisions.
The lot standards enumerated in this section apply to any lot that has buildable area
within the shorelines of the citv. Buildable area means that area of the lot. exclusive of anv
required open space. yards. or setbacks upon which a structure may be constructed.
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The minimum required area of a lot in the rural environment shall be five acres:
provided. however:
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The minimum lot area may be reduced to 15.000 square feet when:
.L All lots are part of an approved subdivision or short subdivision.
~ All lots are served by public water.
.:L All lots are served by an approved sewage disposal system.
:l All lots are served by paved streets.
i, All lots have a minimum width of 100 feet.
~
Any lot located wl1ollv or partially within the shorelines of the city sl1all be
-21-
subiectto the substandard lot provisions of Chapter 22, Article IV.
1,
Submerged land within the boundaries of any waterfront parcel shall not be used
to compute lot area, lot dimensions, :Jards, open space, or other similar required
conditions of land subdivision or development.
Sec. 18-166.07. Utilities.
Utility facilities may be permitted in the rural environment subiect to the utilities
requircments of the urban environment and the general requirements of section 18. J 65.03.
Sec. 18-166.08. Shoreline protection.
Shoreline protection may be pemitted in the rural environment subject to the shoreline
protection provisions ofseetionI8.165.09 of the urban environment.
Sec. 18-166.09. Recreation.
Recreational development may be pemitted in the rural environment subiect to the
general requirements of this chapter and the recreation provisions section 18.165, I 0 of the urban
environment.
See 18-166.10. Salmon and Steelhead Habitat
Salmon and steel head habitat shall be protected under section 18.165. 10(1-18).
See, 18-167. Conservancy residential environment
Sec. 18-167.01. Purpose.
Conservancy residential areas are intended to maintain their existing character. This
designation is designed to protect conserve, and manage existing natural features and resources.
The preferred uses are those nonconsumptive of the physical and biological resources of the area.
Sec. 18-167.02. Desie:nation criteria.
Designation criteria for the conservancy environment shall be:
1,
Shoreline areas, regardless of the underlying zoning, which have environmentally
sensitive areas as aQuifer rechan!e areas. fish and wildlife habitat freQuentlv
/looded areas. f!eolor!icallv hazardous areas. streams. and wetlands as defined in
Federal IVaI' Cirv Code Secrion J 8.28.
~
Shoreline areas that have poor drainage.
.22.
1,
Shoreline areas which are free from extensive development.
1.,
Shoreline areas of high scenic value.
Sec. 18-167.03. General requirements.
The general requirements for development within a conserYancv environment shall be the
same as those for the urban environment section 18.165.03.
Sec. 18-167.04. Residential deyeloDment.
Single familv residential development may be permitted in the conserYancv environment
subiect to the general requirements of Chapter 22 Article XL and the residential provisions of
section 18.165.04 of the urban environment; provided single familv residential development shall
maintain a minimum setback of 50 feet from the ordinary high water mark. except that:
L
If the development is proposed on shorelines including one or more sensitive
areas. as defined in Chapter 22. Article XIV. such development shall be done in
accordance with that article.
2..,
Anv pier. moorage. float. or launching facilitv permitted accessory to single
family development. or a common use facilitv accessory to a subdivision or short
subdivision. shall be subiect to the pier. moorage. float. and launching facilitv
provisions of section 18-165.06 of the urban environment; provided no such
authorized structure shall be located within 200 feet of anv other structure.
Sec. 18-167.05. Subdivisions.
The lot standards enumerated in this section apply to any lot that has buildable area
within the shorelines of the city. Buildable area means that area of the lot exclusive of any
required open space. yards. or setbacks uPon which a structure mav be constructed.
L
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The minimum required area of a lot in the conservancy environment shall be five
acres. provided however:
!h
The minimum lot area may be reduced to 35000 square feet when:
L All lots are part of an approved subdivision or short subdivision.
~ All lots are served by public water.
1, All lots are served bv an approved sewage disposal system.
1., All lots are served bv paved streets.
2 All lots have a minimum width of 100 feet.
Any lot located wholly or partially within the shorelines of the city shall be
subject to the substandard lot provisions of Chapter 22. Article IV.
-23-
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Submerged land within the boundaries of anv waterfront Darcel shall not be used
to comoute lot area, lot dimensions, vards. ooen soace, or other similar required
conditions of land subdivision or develooment.
Sec. 18-167.06. Utilities.
Utilitv facilities mav be oermitted in the conservancv environment subject to the utilities
requirements of the urban environment and the general requirements of this chaoter.
Sec. 18-167.07. Shoreline protection.
Shoreline orotection mav be oermitted in the conservancv residential environment
subject to the shoreline orotection orovisions section 18.165,09 of the urban enyironment.
Sec. 18-167.08. Recreation.
Recreational develooment mav be oermitted in the conservancv residential environment
subject to the general requirements of this chaoter and the recreation orovisions section
18.165.10 of the urban environment.
Sec. 18-167.09. Salmon and Steelhead Habitat
Salmon and steelhead habitat shall be orotected under section 18,165.10 (] -18t
Sec. 18-168. Natural environment.
Sec. 18-168.01. Purpose.
The ourpose of designating the natural environment is to oreserve and restore those
natural resource svstems existing relativelv free of human influence. These svstems require
severe restrictions of intensities and tvoes of uses oermitted so as to maintain the integritv of the
natural environment.
Sec. 18-168.02. Desie:nation criteria.
Desie:nation criteria for the natural environment shall be:
1,
A shoreline area that orovides food. water. or cover and orotection for anv rare.
endangered, or diminishing soecies.
L
A seasonal haven for concentrations of native animals fish, or fowl. such as a
migration route, breeding site, or spawning site.
¿
Shoreline areas considered to best represent the basic ccosvstem and geologic
-24-
tvpes which are of particular scientific interest.
~
Shoreline areas which best represent undisturbed natural areas.
.i,
Shoreline areas with established histories of scientific research.
~
Those shoreline areas having an outstanding or unique scenic feature in their
natural state.
"L
In addition to the above criteria. the following should be considered when
designating natural environments:
1h
12,
Areas where human influence and development are minimal.
Areas capable of easilv being restored to a natural conditions.
Saltwater wetlands.
Class I beaches.
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Sec. 18-168.03. Residential development.
Single familv residential development mav be permitted in the natural environment
subiect to the general requirements of Chapter 22 Article XI. and the single familv provisions.
section 18.165.04 of the urban environment; provided. single familv residential development
shall maintain a minimum setback of 100 feet from the ordinary high water mark. except that:
.L
If development is proposed on shorelines including one or more sensitive areas. as
defined in Chapter 22. Article XIV. such development shall be done in accordance
with regulations and procedures set forth in that article.
Sec. 18-168.04. Residential piers. mooral!:e. or launchinl!: facilities.
Piers. moorages. floats. or launching are prohibited 3hll1l ftðt be Derluittcd in a natural
environment.
Sec. 18-168.05. Subdivisions.
1,
.L
The minimum required area in the natural environment shall be five acres.
b
The minimum required lot width in the natural environment shall be 330 feet.
Anv lot located whollv or partiallv within the shorelines of the citv shall be
considered a legal building site. provided that such lot shall be subject to the
substandard lot provisions of Chapter 22. Article IV.
-25-
1.,
Submerged land within the boundaries of any waterfront parcel shall not be used
to compute lot area, lot dimensions. yards. open space. or other required
conditions of land subdivision or development.
Sec. 18-168.06. Shoreline protection.
Shoreline protection is vrohibited s!rall"ð! be IX! ",Wed in the natural environment.
Sec. 18-168.07. Recreation.
Recreational development may be permitted in the natural environment subiect to the
general requirements of this chapter, provided:
b
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The recreational development will not require anv significant filling. excavation.
or regrading involving more than 15 percent of that portion of the site within the
shorelines of the city.
The construction of indoor swimming pools. gyms. and other indoor recreational
facilities is prohibited.
Piers. moorages. floats. or launching facilities constructed in conjunction with
recreational development shall not be pennitted, except that floating walkways or
other similar over water pedestrian structures facilitating access to observation
points or viewing areas mav be pennitted.
Sec. 18-168.08. Salmon and Steelhead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 (\ -18),
DIVISION 3. PROCESS
Sec. 18-«;4 169. Application and public notice.
An application for a substantial development pennit shall be made to the department of
community development on fonns prescribed by the department. Upon submittal of a complete
application, and required fees, the department shall instruct the applicant to publish notices of the
application at least once a week on the same day of the week for two consecutive weeks in a
newspaper of general circulation within the city. The applicant shall also provide additional
public notice as prescribed in process IV, section 22-431 et seq.
(Ord. No. 90-38, § 1(~4.40), ~-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross reference(s)--?rocess IV review requirements. § 22-431 et seq.
-26-
Sec. 18-l65 170. Procedure for reyiew.
The substantial development permit shall be reviewed under the provisions of process III,
section 22-386 et seq. and the director of community development services shall be the final
approval authority for the permit.
(Ord. No. 90-38, § 1(24.50),2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross rererenee(s)--Process III review requirements, § 22-386 et seq.
Sec. 18-M6 171. Shoreline variance.
(a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional or
performance standards set forth in the shoreline master program, and where there is an
extraordinary or unique circumstance relating to the property such that the strict implementation
of the shoreline master program would impose unnecessary hardship on the applicant or thwart
the policies of the Shoreline Management Act.
(b) When a variance is requested, the substantial development pennit and the variance
shall be reviewed under the provisions of process IV, section 22-431 et seq., and the hearing
examiner shall be the final approval authority.
(c) A variance from the standards of the master program may be granted only when the
applicant can demonstrate that all the following conditions will apply:
(1 )
(2)
(3)
(4)
(5)
(6)
That the strict requirements of the bulk, dimensional or performance standards set
forth in the master program precludes or significantly interferes with a reasonable
use of the property not otherwise prohibited by the master program;
That the hardship described above is specifically related to the proper1y, and is the
result of unique conditions such as irregular lot shape, size, or natural features,
and the application of the master program, and not for example, from deed
restriction or the applicant's own actions;
That the design of the project will be compatible with other pennitted activities in
the area and will not cause adverse effects to adjacent properties or the shoreline
environment;
That the variance authorized does not constitute a grant of special privilege not
enjoyed by other properties, and will be the minimum necessary to afford relief;
That the public interest will suffer no substantial detrimental effect;
That the public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the variance when the proposal is for development
located waterward of the ordinary high-water mark. or within marshcs, bogs or
-27-
swamps; and
(7)
That consideration has been given to the cumulative effect oflike actions in an
area where similar circumstances exist, and whether this cumulative effect would
be consistent with shoreline policies or would have substantial adverse effects on
the shoreline.
(d) Shoreline variances may not be used to pennit a use that is specifically prohibited in
an environment, or to vary uses permitted within an environmental designation.
(Ord. No. 90-38, § 1(24.60.10--24.60.40),2-27-90; Ord. No. 97-291, § 3. 4-1-97)
Cross reference(s)--Process IV review requirements, § 22-431 et seq.
Sec. 18-l6't 172. Conditional uses.
(a) Conditional use pennits are allowed to provide greater flexibility in varying the
application of the use regulations of the shoreline master program in a manner which will be
consistent with the policies ofRCW ch. 90.28, particularly where denial of the application would
thwart the policies of the Shoreline Management Act.
(b) When a conditional use is requested, the substantial development pennit and the
conditional use shall be reviewed under the provisions of process ¥ IV, section 22-476 et seq.,
and the city council shall be the final approval authority.
(c) Conditional uses have unique and special characteristics which require a special
degree of control to make the uses compatible with other existing or pennitted uses in the same
environment, and to assure that the use is in the public interest. In authorizing a conditional use
permit, special conditions may be attached to the pennit by the city council to prevent
undesirable effects or mitigate environmental impacts of the proposed use.
(d) Conditional use pennits shall be authorized only when they are consistent with the
following criteria:
(1)
(2)
(3)
(4)
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The proposed use is consistent with the policies ofRCW 90.58.020 and the
policies of the master program;
The use will not interfere with normal public use of surface waters;
The use will cause no unreasonable adverse effects on the shoreline Of
surrounding properties or uses, and is compatible with other permitted uses in the
area;
The public interest will suffer no substantial detrimental effect;
(5)
Consideration has been given to cumulative impact of additional request for like
actions in the area.
(e) Other uses not set forth in the shoreline master program may be authorized through a
conditional use permit if the applicant can demonstrate that extraordinary circumstances preclude
reasonable use of the property; however, uses specifically prohibited by the master program may
not be authorized.
(Ord. No. 90-38, § 1(24.70.10--24.70.50),2-27-90)
Cross reference(s)--Process III review requirements, § 22-476 et seq.
Sec. 18-MS 173. Final approval of substantial de. dopment shoreline permits.
(a) The director of community development shall notify the following agencies or persons
within five days of the final approval ofa substantial development pennit and any variances or
conditional uses granted:
(I)
(2)
(3)
(4)
(5)
Thc applicant;
The state department of ecology;
The state attorney general;
Any person who has submitted written comments on the application;
Any person who has requested notification in writing prior to final approval of the
pennit.
(b) No work may commence on a site requiring a sub3t!lfltial de. dopn,cnt shoreline
pennit until 3B 21 days following the date of reeeiptfiling of the 3tlbstahtial de. dôpmcnt
shoreline permit by the state department of ecology, and written notification has been received
from the department of ecology that the review appeal period has been eôfl,pkted initiated.
(Ord. No. 90-38, § 1 (24.80. I 0,24.80.20), 2-27-90)
Sec. 18-M9 174. Combined hearing authority.
In those cases when development proposed in the shorelines may require a public hearing
under the authority of other chapters of this Code, the hearings may be combined.
(Ord. No. 90-38, § 1(24.90),2-27-90)
Sec. 18-l-W 175. Alteration or reconstruction of nonconforming use or development.
(a) ApplicaIions tor substantial development or building permits to modify a
nonconforming use or development may be approved only if:
(I)
The modifications will make the use or development less nonconforming; or
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(2)
The modifications will not make the use or development more nonconforming.
(b) A use or development, not conforming to existing regulations, which is destroyed,
deteriorated, or damaged more than 75 percent of its fair market value may be reconstructed only
consisten, ;"ith regulations set forth in this article.
(Ord. No. 90-38, § 1(24.100),2-27-90)
Scc. 18-170.176. Shoreline cllyironment rcdcsie:nation.
A, Shoreline environments designated by the master Drogram may be redesignated by the
City Council upon finding that such redesif?nation will be consistent with:
I. The Dolicies of Section 2 of the Shoreline Management Act of 1971.
2. The goals, obiectives and policies of the master Drogram:
3, The desif?nation criteria of the shoreline environment designation requested.
SHORCODE WPD
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