HomeMy WebLinkAboutCOW 2011-06-27 Item 4A - Shoreline Master Program - Ordinance - Attachment A.08: Shoreline Use Regulations 8. SHORELINE USE REGULATIONS
This section specifies the uses that are permitted outright, permitted as a Conditional 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 ReLyulations
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 Interpretation of Use Matrix
A. The shoreline use table in Section 83 indicates whether a specific use is allowed
within each of the shoreline environments and whether it is bennitted outriaht or allowed
on1v as a shoreline conditional use.
B. Shoreline environments are listed in the table at the ton of each column and the
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sDecific uses are listed along the left -hand side of each horizontal row. The cell at the
intersection of a column and a row indicates whether a use may be allowed in a specific
shoreline environment and whether additional use criteria apply. The table should be
interpreted as follows:
1. If the Letter 'P appears in the box at the intersection of the column and the row,
theuse may be nermitted within the shoreline environment if the underlvina zoninc->
also allows the use.
2. if the letter "U appears in the box at the intersection of the column and the row.
the use may be allowed within the shoreline environment sub iect to the
shorelineconditional use review procedures specified in Section. 14.3 of this SNIP.
3. If the letter `X" apnears in the box at the intersection of the colwnn and the row,
the use is prohibited in that shoreline environment.
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Section 8. i
SHORELINE USE MATRIX
P May be allowed subject to development Shoreline Urban High Aquatic
standards and permitting requirements set Residential Conservancy Intensity Environme
forth in this SMP. nt
C May be allowed as a Shoreline
Conditional Use.
X The use or activity is prohibited in Buffer Non- Buffer( Non- Buffer( Non
shoreline jurisdiction environment. (1) Buffer 2) Buffer 3) Buffer
AGRICULTURE
Farming and farm- related activities X I X X I P I X I X X
COMMERCIAL (4)
General I X I X X I P(8) I X P(8) P(5)
Automotive services, gas (outside pumps
allowed), washing, body and engine repair X X X C(8) X C(8) X
shops (enclosed within a building)
Contractors storage yards X X I X C(8) X I C(8) X
Water- oriented uses P P I P P I P P P J I
CIVICANSTITUTIONAL 1
General X P I X P I X P I X
ESSENTIAL.PUBLIC FACILITY
C C C C C C P(5)
(Water,: Dependent)
ESSENTIAL" PUBLIC. FACILITY
C C C C C C C(5)
(Non -water Dependent) (9)
FLOOD HAZARD MANAGEMENT
Flood hazard reduction I P I P I P P I P I P I P
Shoreline stabilization I P I P I P P I P I P I P
INDUSTRIAL (7)
General X X I P(5) P(8) P(5) I P(8) I P(5)
Animal rendering X X X C(8) X X I X
Cement manufacturing X X X C(8) X C(8) I X
Hazardous substance processing and handling
hazardous waste treatment and storage X X X X X X X
facilities (on or off -site) (6)
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P May be allowed subject to development Shoreline Urban High Aquatic
standards and permitting requirements set Residential Conservancy Intensity Environme
forth in this SMP. nt
C May be allowed as a Shoreline
Conditional Use.
X The use or activity is prohibited in Buffer Non- Buffer( Non- Buffer( Non
shoreline jurisdiction environment. (1) Buffer 2) Buffer 3) Buffer
Rock crushing, asphalt or concrete hatching or
mixing, stone cutting, brick manufacture,
marble works, and the assembly of products X X X C (8) X C(8) X
from the above materials
Salvage and wrecking operations X I X X C(8) I X I C(8) I X
Tow -truck operations, subject to all additional X
State and local regulations X X X C(8) X P(8)
Truck terminals X X X P(8) X P(8) X
Water- oriented uses X X P P P P P
MINING
General I X X X I X I X I X X
Dredging I X X X I X I X I X C
PARKING ACCESSORY
Parking areas limited to the minimum
necessary to support permitted or conditional X P X P X P X
uses
RECREATION
Recreation facilities (commercial indoor) I X I X X P I X I P(11) I X
Recreation facilities (commercial outdoor) X X C(12) C X X I X
Recreation facilities, including boat launching
(public) P(1) P C(12) C P(3) P P(5)
RESIDENTIAL SINGLE FAMILY/MULTI= FAMILY
Dwelling X(10) I P I X P I X X I X
Houseboats I X I X X I X I X I X I X
Live aboards I X X X I X X I X I P
TRANSPORTATION
General C I C I C I C I C C C(5)
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P May be allowed subject to development Shoreline Urban High Aquatic
standards and permitting requirements set Residential Conservancy Intensity Environme
forth in this SMP. nt
C May be allowed as a Shoreline
Conditional Use.
X The use or activity is prohibited in Buffer Non- Buffer( Non- Buffer( Non
shoreline jurisdiction environment. (l) Buffer 2) Buffer 3) Buffer
Park ride lots X I X X I C(9) X C(9) X
UTILITIES
General (9) I C P I C I P C I P_ I C
Hydroelectric and private utility power X
X X X X X X
generating plants
*This table is a summary. Individual notes modify standards in this table. Detailed use
standards are found in the text of the SMP. Permitted or conditional uses listed herein
may also require a shoreline substantial development permit and other permits.
(1) Additional permitted uses found at Section 8.4.A are allowed in the buffer.
(2) Additional permitted uses found at Section 8.5.A are allowed in the buffer.
(3) Additional permitted uses found at Section 8.6.A are allowed in the buffer.
(4) Commercial uses mean those uses that are involved in wholesale, retail, service and
business trade. Examples include office, restaurants, brew pubs, medical, dental and
veterinary clinics, hotels, retail sales, hotel /motels, and warehousing.
(5) Permitted only if water dependent.
(6) Subject to compliance with state siting criteria RCW Chapter 70.105
(See also Environmental Regulations, Section 10, SMP).
(7) Industrial uses mean those uses that are facilities for manufacturing, processing,
assembling and/or storing of finished or semi finished goods with supportive office
and commercial uses. Examples include manufacturing processing and/or
assembling such items as electrical or mechanical equipment, previously
manufactured metals, chemicals, light metals, plastics, solvents, soaps, wood,
machines, food, pharmaceuticals, previously prepared materials; warehousing and
wholesale distribution; sales and rental of heavy machinery and equipment; and
internet data centers.
(8) Non water oriented uses may be allowed as a permitted use where the City
determines that water dependent or water enjoyment use of the shoreline is not
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feasible due to the configuration of the shoreline and water body.
(9) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible
alternative to locating the use within shoreline jurisdiction.
(10) Additional development may be allowed consistent with Section 14.5.B.6. A
shoreline conditional use permit is required for water oriented accessory structures
that exceed the height limits of the Shoreline Residential environment.
(11) Limited to athletic or health clubs.
(12) Permitted only if water oriented.
8.42 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
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 Sig Ge Section 9.13 of this SMP:
h. Maintenance or redevelopment of levees for flood control purposes,
provided they are designed to meet the applicable levee regulations of
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this SMP
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.
q. Support facilities for above or below ground utilities or pollution
control, such as funeff pen filter- systems, —de —perms
outfall facilities or other facilities that must have a phvsical connection
to the shoreline to provide their SUDDort function, provided they are
located at or below grade and as far from the OHWM as technically
feasible;
r. Water oriented essential public facilities, both above and below
ground;
s. Non -water oriented essential. public facilities, both above and below
ground, provided that it has been documented that no feasible location
is available outside of the buffer:
s-. t. 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.
11'a deck or patio will have an environmental impact in the shoreline
buffer, then commensurate m.:it.ii4ation. shall be reaui.red.
ii:v.F 1-? SCl n ptlf use o€ceel�txie l r�stel- �?ir
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 program:
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
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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.
d. Fill minimally necessary to suimort water dependent uses. 1)ubl.ic
access. or for the alteration or expansion of a transportation facility of
statewide siLrii.ficance currently located on the shoreline when it is
demonstrated that alternatives to fill are not feasible.
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 thee Shoreline Residential D e ent Zone a s
establishe i 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 subject to the
requirements, procedures and conditions established by this program.
8.53 Urban Conservancv 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.
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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;
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
adjacent properties;
g. Signs conforming to the Sign Go Section. 9.13 of this SMP;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the applicable
levee regulations of this SMP;
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 City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls vested as of the effective
date of this Pro -ram or if no feasible alternative location exists.
q. Support facilities for above or below ground utilities or pollution control,
such as Funoff ,.,efids filter s detention ponds an outfall facilities
or other facilities that must have a Phvsical connection to the shoreline to
Provide their sunDort function, provided they are located at or below
grade and as far from the OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Water oriented eEssential public facilities, both above and below
ground;
t. Non -water oriented essential Public facilities, both above and below
eround. Provided that it has been documented that no feasible Location
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is available outside of the buffer
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:
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
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.
d. Fill imiurnally necessary to sunnort water dependent uses, public
access, or for the alteration or exnan.sio.n of a t.ransnortation facility of
statewide si;znifcance currently located on the shoreline when it is
demonstrated that alternatives to 7 111 are not feasible.
B. Urban Conservancy Environment Uses
1. Permitted Uses: All uses permitted in the Urban Conservancy Environment
Buffer and/or the shoreline use matrix may be
allowed.
2. Conditional Uses: All uses listed as Conditional Uses may be allowed subject
to the requirements, procedures and conditions of this program.
8.64 Hieh 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.
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
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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;
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 Co Section 9.1.3 of this SMP;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the applicable
levee regulations of this SMP;
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 vested as of the effective
date of this Droi-) or if no feasible alternative location exists;
q. Support facilities for above or below ground utilities or pollution control,
such as funeg pon t;lf stem detention po nds a or other
facilities that must have a Dhvsical connection to the shoreline to Drovide
their support function, outfall facilities, provided they are located at or
below grade and as far from the OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Water oriented eEssential public facilities, both above and below
ground;
t. Non -water oriented essential Dublic facilities. both above and below
ground. provided that it has been documented that no feasible location
is available outside of the buffer;
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t-.u. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
tz F i-' t t 1� r th e t _'n i es,-it,vrr numose 2. Conditional Uses: Only -t 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.
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
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.
d. Fill nvnimally necessary to su nort water dependent uses, public
access, or for the alteration or cxpan.sion of a transportation facility of
statewide sinnihcance currently located on the shoreline when it is
demonstrated that alternatives to :61.1 are not feasible.
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 shoreline use matrix may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses may be allowed subject
to the requirements, procedures and conditions established by this program.
8.7 Aquatic Environment -Uses
The Actuatic Environment consists of all water bodies within the Citv limits and its
potential_ annexation area under the iurisdiction of the Shoreline Manag7ement Act
waterward of the ordinary hi6 water mark. The aquatic environment includes the water
surface together with the underlvin4 lands and the water column.
Aquatic Environment Uses
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I Permitted Uses: The following uses are permitted in the Aquatic
Environment. Uses and activities within the Aquatic Environment must be
colrivatible with the adioini.ng shoreline environment
a. Shoreline Restoration Proiects.
b. Over -water structures subiect 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 ecoloaical
restoration:.
c. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the applicable levee
regulations of this SNIP:
d. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
e. Water dependent commercial and industrial development, if penmitted by
the underlving zoning district:
f. Boats moored at a dock or marina. No boats may be moored on tidelands
or in the river channel. No live aboards ueimitted;
S. Fill for ecological restoration.
2. Conditional Uses: Only the following may be allowed as a Conditional. Use in
the Shoreline Aquatic Environment buffer subiect to the requirements,
procedures and conditions established by this program:
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
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 comoly with all :federal
and state regulations.
c. Fill >n.inimally necessary to support water dependent uses, public access, or
for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that
alternatives to .fill are not feasible;
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