HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Attachment A.08: Shoreline Use Regulations8. SHORELINE USE REGULATIONS
This section specifies the uses that are permitted outright, permitted as a Conditional Use,
Unclassified Use or prohibited altogether for each Shoreline Environment. Also
included are special conditions and general requirements controlling specific uses. These
regulations are intended to implement the purpose of each Shoreline Environment
designation adopted with this SMP and will be codified in TMC 18.44. Additional
regulations and performance standards that apply to all Shoreline Environments are
included in Sections 9 -14 of this SMP. These will also be codified in TMC 18.44.
8.1 General Use Regulations
A. All shoreline uses shall meet the requirements listed below.
B. The first priority for City -owned property within the shoreline jurisdiction shall be
reserved for water- dependent uses including but not limited to habitat restoration,
followed by water enjoyment uses, public access, passive recreation, passive open space
uses, or public educational purposes.
C. No hazardous waste handling, processing or storage is allowed within the SMA
shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline
environment and adequate controls are in place to prevent any releases to the
shoreline /river.
D. Overwater structures, shall not cause a net loss of ecological function, interfere with
navigation or flood management, or present potential hazards to downstream properties
or facilities. They shall comply with the standards in the Overwater Structures Section.
E. Parking as a primary use is not permitted, except for existing Park and Ride lots,
where adequate stormwater collection and treatment is in place to protect water quality.
Parking is permitted only as an accessory to a permitted, conditional or unclassified use
in the shoreline jurisdiction.
F. All development, activities or uses unless it is an approved over water, flood
management structure, or shoreline restoration project shall be prohibited waterward of
the OHWM.
8.2 Shoreline Residential Environment -Uses
A. Shoreline Residential Buffer Permitted Uses
The Shoreline Residential River Buffer shall consist of the area identified in the
Shoreline Environment Designation Section of the SMP and the uses shall meet the
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purposes and criteria established therein.
1. Permitted Uses: No uses or structures are permitted in the Shoreline
Residential Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the Over -water
Structures section associated with water dependent uses, public access,
recreation, flood control or channel management. Private, single
residence piers for the sole use of the property owner shall not be
considered an outright use on the shoreline. A dock may be allowed
when the applicant has demonstrated a need for moorage and that the
following alternatives have been investigated and are not available or
feasible:
1). commercial or marina moorage;
2). floating moorage buoys;
3). joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges
e. Public and/or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height or 25
square feet in area or block views to the shoreline from adjacent
properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided a mid -slope vegetated bench and native plantings along the
toe of the levee are incorporated into any redeveloped levee wherever
feasible;
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
1. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
m. Water dependent uses and their structures, as long as there is no net
loss of shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is
four feet and the fence does not extend waterward beyond the top of
the bank; chain link fences must by vinyl coated.
o. Existing essential streets, roads and rights of way may be maintained
or improved;
p. Outdoor storage, only in conjunction with a water dependent use.
a. Support facilities for above or below around utilities or pollution
control, such as runoff ponds. filter systems. detention ponds and
outfall facilities. provided they are located at or below grade and as far
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from the OHWM as technically feasible;
r. Essential public facilities, both above and below ground; and
s. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
t. Patios, or decks not exceeding 18- inches in height, limited to a
maximum 200 square feet and 50% of the width of the river frontage.
Decks or patios must be located landward of the top of the bank and be
constructed to be pervious and of environmentally friendly materials.
2. Conditional Uses: Only the following may be allowed as a Conditional
Use in the Shoreline Residential buffer subject to the requirements,
procedures and conditions established by this proQramTMC 18.62 and
shall be reviewed through a Shoreline Conditional Use Permit:
a. Dredging activities when in compliance with all federal and state
regulations, when necessary for navigation or remediation of
contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for
assuring safe and efficient accommodation of existing navigational
uses and then only when significant ecological impacts are minimized
and when mitigation is provided. Maintenance dredging of established
navigation channels and basins is restricted to maintaining previously
dredged and /or existing authorized location, depth and width.
Dredging of bottom materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
Unclassified US33:
re a
conditions established by TMC 18.6'1: Mass transit facilitiesinvited to river
crossing structures.
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B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline Residential River Buffer. Uses
shall meet the purposes and criteria of the Shoreline Residential Development Zone as
established in the Shoreline Environment Designation section.
1. Permitted Uses: The Shoreline Residential Environment shall contain
residential, recreational and limited commercial uses and accessory uses as
allowed in the underlying zoning district. In addition, the Shoreline
Residential Environment shall allow the following uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking/loading and storage facilities located
to the most upland portion of the property and adequately screened
and/or landscaped in accordance with the Vegetation Protection and
Landscaping section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional uses: All uses listed as conditional uses in the Shoreline Use
Table underlying zone may be allowed subject to the requirements,
procedures and conditions established by this pros? ram. TMC 18.62. A
Shoreline Conditional Use Permit is required.
r Unclassifie Useo: All uses listed as Unclassifie
may be allowed subject to the requirements, procedures and conditions established by
a Shoreline Unclassified Use Permit.
1
8.3 Urban Conservancy Environment Uses
The Urban Conservancy Environment shall consist of the areas identified in the Shoreline
Environment Designations sections of this SMP. Uses shall meet the purposes and
criteria of the Urban Conservancy Environment established therein.
A. Urban Conservancy Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the Urban Conservancy
River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space
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d. Public and/or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and views of the shoreline are not blocked from
adj acent properties;
g. Signs confoiiiiing to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall incorporate a mid
slope vegetated bench wherever feasible;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
by the underlying zoning district;
p. Regional detention facilities that meet the Citv's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, Dining, filter systems and outfalls.
prq.Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
q-r. Outdoor storage, only in conjunction with a water dependent use.
E}-s. Essential public facilities, both above and below ground.
q-t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline Urban Conservancy Environment buffer subject to the
requirements, procedures and conditions established by this program: TMC
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
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Shoreline Urban Conservancy Environment buffer subject to the requirements,
procedures and conditions established by TMC 18.. ias, limited to
river crossing structures only. A Shoreline Unclassified Use Permit shall be required.
B. Urban Conservancy Environment Uses
1. Permitted Uses: All uses permitted in the Urban Conservancy Environment
Buffer and/or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses in the underlying zone
Shoreline Use Table may be allowed subject to the requirements, procedures
and conditions of this nroaram. established by TMC 18.61. A Shoreline
Conditional Use Permit shall be required.
Unclassified Usaa:
be allowed subject to the requirements, procedures and conditions established by TMC
classified Use Pcrrnit shall be required.
significant ecological impacts are minimized and when mitigation is
provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
8.4 High Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the area identified in the Shoreline
Environment Designations section. Uses shall meet the purposes and criteria of established
therein.
1 A. High Intensity Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the High Intensity River
Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space;
d. Public and/or private promenades, footpaths or trails;
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e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and no views of the shoreline are blocked from
adjacent properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall incorporate a
vegetated bench wherever feasible;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds. piping. filter systems and outfalls.
g Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
p_:r. Outdoor storage, only in conjunction with a water dependent use.
r7s. Essential public facilities, both above and below ground.
jt. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline High Intensity Environment buffer subject to the requirements,
procedures and conditions of this program. established by TMC 18.62. A
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is
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provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
requirements, procedures and conditions established by TMC 18.61: Mass
1 B. Shoreline High Intensity Environment Uses
The Shoreline High Intensity Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline High Intensity Environment
Buffer area. Uses shall meet the purposes and criteria of the Shoreline Environment
Designations section.
1. Permitted Uses: All uses permitted in the High Intensity Environment Buffer
and/or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses in the Shoreline Use
Table underlying zone may be allowed subject to the requirements,
procedures and conditions established by this nroe. TMC 18.61. A
Shoreline Conditional Use Pcrmit shall be required.
may be allowed subject to the requirements, procedures end conditions
established by TMC 18.61. A Shoreline Unclassified Use Pen shall be
required.
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