Chapter 16.50
SHORELINE USES

Sections:

16.50.010    General shoreline uses.

16.50.020    Interpretation of shoreline use table.

16.50.030    Shoreline use table and conditions.

16.50.040    Aquaculture.

16.50.050    Public boat launching facilities and marinas.

16.50.060    Public access.

16.50.070    Recreation.

16.50.080    Utility facilities.

16.50.085    Transportation uses.

16.50.090    Residential uses.

16.50.100    Channel migration zone on Swamp Creek.

16.50.010 General shoreline uses.

A. All uses in the shoreline jurisdiction must comply with all City code provisions and with the Kenmore Shoreline Master Program. For a use to be permitted in the shoreline, it must be a permitted use in the underlying zone, and must be listed as a permitted or conditional use in KMC 16.50.030. This section may not authorize a land use that is not allowed by the underlying zoning, but may add restrictions or conditions or prohibit specific land uses within the shoreline jurisdiction.

B. Uses not specifically addressed in this table may be permitted as conditional uses in the shoreline jurisdiction, provided the use meets the criteria for a shoreline conditional use permit.

C. When there is a conflict between permitted land uses, preference for shoreline uses shall first be given to water-dependent uses, then to water-related uses, then to water-enjoyment uses, and finally to non-water-oriented uses.

D. Uses existing as of March 30, 2012, that do not conform to these regulations may be continued subject to the provisions of this chapter. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.020 Interpretation of shoreline use table.

A. The shoreline use table in KMC 16.50.030 indicates whether a specific use is allowed within each of the shoreline environments and whether it is permitted outright or allowed only as a shoreline conditional use. The process through which a use or development may be permitted is defined under procedures in Chapter 16.75 KMC.

B. In the table, shoreline environments are listed at the top of each column and the specific 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, the use may be permitted within the shoreline environment if the underlying zoning also allows the use.

2. If the letter “C” appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review procedures specified in Chapter 16.75 KMC, and only if the underlying zoning allows the use.

3. If the letter “X” appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment.

4. If a number appears after the letter “P” or “C” in the box at the intersection of the column and the row, additional use criteria apply. The use may be permitted subject to the appropriate review process in this section only if the specific use criteria indicated with the corresponding number immediately following the table are satisfied, and only if the underlying zoning allows the use. If more than one number appears at the intersection of the column and row, both numbers apply.

5. If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed within that shoreline environment subject to different sets of limitations or criteria depending on the review process indicated by the letter, the specific development criteria indicated in the development condition with the corresponding number immediately following the table, and only if KMC Title 18 allows the use. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.030 Shoreline use table and conditions.

A. Shoreline Use Table.

Shoreline Use Table 

KEY

P – Permitted Use

C – Shoreline Conditional Use

DOWNTOWN WATERFRONT

SHORELINE RESIDENTIAL

URBAN CONSERVANCY

NATURAL

AQUATIC

Aquaculture

Aquaculture uses

X

X

X

X

C1

Commercial Development

 

 

 

 

 

General services

P2, X2

X

P2, 3, X2

X

C2

Business services

P2, X2

X

P2, 3, X2

X

C2

Retail

P2, X2

X

P2, 3, X2

X

C2

Mining

X

X

X

X

X

Principal use parking

X

X

X

X

X

Government Services

Government services

P4

P4

P4

P4

C4

Manufacturing

Manufacturing uses

P2

X

X

X

X

Park/Recreation

Recreational/cultural

P5

P6

P6

P7

C5

Marinas (recreational boat moorage)

P8

X

P

X

P

Public boat launch

P

X

P, C9

X

P

Golf course

X

X

C

X

X

Residential Development

Dwelling units, single detached

X

P

P

C

P10

Dwelling, multiple-family

P2

P

P2

X

X

Mobile home park

X

C

X

X

X

Group residences

P2

P

P

C

X

Accessory uses

P

P

P

C

X

Temporary lodging

P2

X

X

X

X

Regional Land Uses

Airport/heliport or helistop

C, X17

X

X

X

C, X17

Ferry terminal

C

X

X

X

C

Highway and street, except for in-water uses

C11

C11

C11

C11

C11

Commuter parking

C16

X

X

X

X

Wastewater treatment facility and municipal water production, except for in-water uses

C8, 12

C8, 12

X

X

X

Regional stormwater management facilities

P13

P13

P13

P13

X

Utilities

 

 

 

 

 

Utility facility, except for in-water uses

P13

P13

P13

P13

X

In-Water Structural Uses

In-water wastewater treatment facility, in-water municipal water production facility

X

C12

C12

C12

C12

In-water utility facilities

X

C13

C13

C13

C13

In-water and overwater highway and street facilities

X

C11, 14

C11, 14

C11, 14

C11, 14

In-water fish and wildlife management, except aquaculture

X

C

C

C

C

Signs

Signs

P15

P15

P15

P15

P15

B. Shoreline Use Criteria (Footnotes to Shoreline Use Table in Subsection A of This Section).

1. Aquaculture may be allowed only in Lake Washington and only under the following conditions:

a. Aquaculture operations are located at least 500 feet from the Shoreline Residential and Downtown Waterfront Environments.

b. Aquaculture operations waterward of the Natural Environment and Urban Conservancy Environment are limited to activities that do not require structures, facilities or mechanized harvest practices.

2. Water-dependent and water-related commercial and manufacturing uses shall be permitted. Public access improvements consistent with this chapter are required for all commercial and manufacturing uses, unless precluded by public safety considerations. Non-water-dependent and non-water-related residential, commercial, and manufacturing uses shall be permitted only if the use meets the standards of subsections (a), (b), (c) and (d) below:

a. The development is:

(1) Part of a mixed use development that includes a water-dependent use and in which at least 50 percent of the land area within the shoreline jurisdiction on the project site is in a water-dependent use or water-related use (including uses accessory to a water-dependent use that are fully incidental and subordinate to the water-dependent use), dedicated public access, or substantial shoreline habitat enhancement consistent with KMC 16.60.010; or

(2) A new or expanding development in a commercial zone along the Swamp Creek shoreline north of Northeast Bothell Way, where the existing development does not conform with current stream buffer provisions of the Kenmore SMP and where the proposed development would substantially increase the width and enhance the habitat quality of the buffer along Swamp Creek;

b. The non-water-oriented uses are located on land; and

c. The development provides a significant public benefit to help achieve any of the following shoreline element goals:

(1) Economic development for uses that are water-dependent;

(2) Public access;

(3) Water-oriented recreation;

(4) Multimodal, water-dependent transportation circulation;

(5) Conservation or restoration of critical areas, scenic vistas, or fish and wildlife habitat; or

(6) Preservation of historic properties;

d. The development does not include the following uses, which are prohibited in the shoreline: funeral home/crematory; veterinary clinic; cemetery/columbarium/mausoleum; automotive repair; automotive services; stable/kennel/cattery; hospital; outdoor advertising service; miscellaneous equipment rental; automotive rental and leasing; gasoline service stations; fuel dealers; auction houses; livestock sales; amusement park; drive-in theater; public agency or utility yard; and propane/compressed natural gas/liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users.

3. New commercial uses may be permitted only if allowed in the underlying zoning, and if public access is provided and the project includes ecological enhancement consistent with KMC 16.60.010. Existing non-water-dependent commercial uses may be expanded, provided the expansion complies with all development standards and the project includes ecological enhancement consistent with KMC 16.60.010.

4. Only the water-dependent portion of the use shall be allowed in the shoreline environment, except as provided in this section for utility uses.

5. In Downtown Waterfront and Aquatic Environments, water-oriented recreational uses including parks and public access trails and facilities may be allowed; provided, that in the Downtown Waterfront minor non-water-oriented accessory uses such as children’s play equipment, picnic tables, or outdoor exercise course equipment may also be allowed if they meet the other requirements of this chapter. All other recreational uses shall be prohibited.

6. In Urban Conservancy and Shoreline Residential Environments, parks and trails shall be allowed. All other recreational uses shall be prohibited.

7. In the Natural Environment, water-oriented passive and low-impact recreational uses shall be allowed. All other recreational uses shall be prohibited.

8. Wastewater treatment facilities, and municipal water production uses, except for in-water uses, shall be allowed only on Lake Washington shorelines. The listed wastewater treatment facilities, municipal water production facilities, and marinas are prohibited on shorelines of the Sammamish River and Swamp Creek.

9. A boat launch that accommodates motorized vehicles for launching vessels is a conditional use in the Urban Conservancy Environment. Facilities for hand launching of nonmotorized vessels may be allowed as permitted uses.

10. New overwater residences are prohibited except for live-aboards. They may be allowed; provided, that:

a. They are for single-family use only;

b. They are located in a marina that provides shower and toilet facilities on land and there are no sewage discharges to the water;

c. Live-aboards do not exceed 10 percent of the total slips in the marina;

d. They are owner-occupied vessels; and

e. There are on-shore support services in proximity to the live-aboards.

11. New highway and street construction is allowed only if:

a. There is no feasible alternate location;

b. Pedestrian, bicycle and public transport needs are addressed; and

c. When located in the Natural Environment, the use is low-intensity transportation infrastructure; parking facilities are prohibited in the Natural Environment unless supporting a water-dependent use.

12. The water-dependent and in-water portions of wastewater treatment and municipal water production facilities may be allowed as a conditional use.

13. Utility facilities may be located within the shoreline jurisdiction if there is no feasible alternate location, the alternative would result in unreasonable and disproportionate cost, or the facility is necessary to serve adjacent shoreline uses.

14. Highway and street infrastructure that must be located in water or over water, such as bridges and bridge supports, may be permitted; provided, that the priorities of the Kenmore shoreline restoration plan are considered in designing mitigation for impacts from the project.

15. Signs may be permitted subject to the provisions of the underlying zoning and provided:

a. Signs shall not be erected nor painted on trees, rocks or other natural features.

b. Glare from artificial lighting of signs shall be shielded or directed away from adjacent properties and the water.

c. Signs waterward of the ordinary high water mark adjacent to the Downtown Waterfront Environment shall be permitted only to the extent necessary for the operation of a permitted water-dependent use, provided no such sign shall be larger than five square feet.

d. In the Shoreline Residential, Urban Conservancy and Natural Environments, signs are not allowed except for signs of not more than five square feet within public parks or trails.

e. Signs to protect public safety or prevent trespass may be allowed and should be limited in size and number to the maximum extent practical.

16. Commuter parking may only be allowed if it is designed to serve a passenger ferry system.

17. Helistops and heliports are prohibited in all environments.

C. Accessory Uses.

1. Any principal use permitted in a specific shoreline environment either outright or as a special use or conditional use shall also be permitted as an accessory use outright or as a conditional use.

2. Uses prohibited as principal uses but customarily incidental to a use permitted in a shoreline environment may be permitted as accessory uses only if clearly incidental and necessary for the operation of a permitted principal use unless expressly permitted or prohibited as accessory uses. Examples of accessory uses include parking, offices, and outdoor storage areas. For purposes of this section, landfill, water-based airports, heliports and helistops shall not be considered to be accessory to a principal use and shall only be permitted as provided in the applicable shoreline environment.

3. Unless specifically stated otherwise in the regulations for the applicable environment, accessory uses that are non-water-dependent and non-water-related, even if accessory to water-dependent or water-related uses, shall be permitted over water according to subsection A of this section only if either:

a. The over-water location is necessary for the operation of the water-dependent or water-related use; or

b. The lot has a depth of less than 50 feet of dry land.

4. Parking shall not be permitted over water unless it is accessory to a water-dependent or water-related use located on a lot with a depth of less than 50 feet of dry land and the director determines that adequate on-site or off-site dry land parking within 800 feet is not reasonably available.

5. Piers, floats, pilings, breakwaters, drydocks and similar accessory structures for moorage shall be permitted as accessory to permitted uses subject to the development standards unless specifically prohibited in the applicable shoreline environment.

6. Accessory uses shall be located on the same lot as the principal use; provided, that when the accessory use is also permitted as a principal use in the shoreline environment applicable to an adjacent lot, the accessory use may be located on that adjacent lot. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.040 Aquaculture.

A. Any structure used for aquaculture that is placed waterward of the ordinary high water mark shall be placed so as not to:

1. Be a significant hazard to navigation;

2. Cause significant damage to neighboring properties;

3. Be a significant hazard to divers and boaters who may frequent the area.

B. Any byproducts of the aquatic resources facility which are discharged into the water shall not degrade the quality of the recipient water body.

C. Aquaculture shall be installed with minimum disturbance to banks and channels and shall not cause extensive erosion or accretion along adjacent shorelines.

D. Aquaculture facilities should be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.050 Public boat launching facilities and marinas.

Public boat launching facilities and marinas, including docks serving more than four single-family residences, shall meet the following standards:

A. The facility shall be designed and operated so that there is no net loss of ecological function in the shoreline. Where the facility is developed in conjunction with restoration of like habitat areas, improvements in one area may be applied to mitigate impacts that would result from new facilities;

B. The streets serving the proposed facility must be adequate to accommodate traffic generated by such a facility safely and conveniently;

C. The facility shall provide adequate parking in accordance with underlying zoning requirements. Long-term parking areas shall be located away from the water. Short-term loading areas, however, may be located near berthing areas;

D. The marina shall be sited and designed to protect rights of navigation;

E. The marina must have provisions available for cleanup of accidental spills of contaminants;

F. Lavatory facilities connected to a sanitary sewer and adequate to serve the marina shall be provided;

G. Self-service sewage pumpout facilities or the best available method of disposing of sewage wastes and appropriate disposal facilities for bilge wastes shall be provided at marinas having in excess of 3,500 lineal feet of moorage or slips large enough to accommodate boats larger than 20 feet in length, and shall be located so as to be conveniently available to all boats. An appropriate disposal facility for removal of bilge wastes shall be either a vacuum apparatus, or oil-absorbent materials and waste receptacles;

H. Untreated sewage shall not be discharged into the water at any time. Treated sewage shall not be discharged while boats are moored;

I. Public access shall be provided in accordance with KMC 16.50.060;

J. The design shall be compatible with adjacent development;

K. Covered moorage may only be permitted for vessel repair facilities; and

L. Extended moorage on waters of the State without a lease or permission is prohibited. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.060 Public access.

Public access shall be required for public projects and development on public lands (KMC 16.45.010(B)(16)), commercial and manufacturing uses (KMC 16.50.030(B)(2)), boating facilities and marinas (KMC 16.50.050), multifamily development (KMC 16.50.090(A)(1)), and land divisions of more than four lots (KMC 16.50.090(A)(2)). For development on private property, public access shall be required when such development would either generate or increase demand for public access and/or would impair existing legal access opportunities or rights.

A. Where public access is required, it shall:

1. Connect to other public and private public access and recreation facilities on adjacent parcels along Lake Washington and the Sammamish River shorelines whenever feasible;

2. Be sited to ensure public safety;

3. Be open to the general public and accessible directly from a public right-of-way or by an easement granted to the City for public access;

4. Enhance access and enjoyment of the shoreline and provide features in scale with the development such as, but not limited to:

a. View points;

b. Places to congregate in proportion to the scale of the development;

c. Benches and picnic tables;

d. Beach or water access for boats; and

e. Pathways for pedestrians and bicycles.

B. Where public access is required, the area dedicated and improved for public access shall be roughly proportional to the scale and character of the proposed development and its impacts.

C. Where public access is required, the director shall prepare written findings demonstrating that the conditions imposed are consistent with the principles of nexus and rough proportionality, the Act and all relevant constitutional and other legal limits on regulation of private property.

D. Public access improvements shall be designed to be compatible with the purpose and intent of the shoreline environment in which they are constructed.

E. Trails and other public access improvements are subject to the standards for recreational uses in KMC 16.65.020 and the vegetation management standards in KMC 16.60.020(B).

F. The provisions of this section do not apply to the following:

1. Short plats of four or fewer lots;

2. Where public access is demonstrated to be infeasible due to reasons of incompatible uses, safety, security, or impact to the shoreline environment; or

3. Where constitutional or other legal limitations apply. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.070 Recreation.

A. Recreational development in all environments must meet the following standards:

1. The construction of swimming facilities, docks, piers, moorages, buoys, floats, and launching facilities waterward of the ordinary high water mark shall be governed by the regulations relating to docks, piers, moorage, buoys, floats, or launching facility construction in KMC 16.55.050.

2. Swimming areas shall be separated from boat launch areas and marinas, to the maximum extent practical.

3. New or expanded swimming facilities shall only be permitted if there is an ongoing water quality testing program guided by a monitoring plan approved by the director to ensure public safety.

4. Public access trails within the shoreline shall be regulated by the provisions of KMC 16.50.060.

B. In the Natural Environment, recreational uses shall meet the following standards:

1. Vehicular access, parking and restrooms should be located outside the shoreline jurisdiction; if infeasible to locate outside of the shoreline jurisdiction, such facilities shall be located as far from the shoreline as is feasible;

2. Trails should be designed primarily for pedestrian access, including access by wheelchair where appropriate, and should be no larger than is necessary to accommodate expected pedestrian traffic;

3. Removal of vegetation for recreational uses shall be the minimum necessary to provide pedestrian access and limited visual access to the shoreline;

4. Public contact with unique and fragile areas shall be permitted where possible without destroying the natural character of the area; and

5. Viewing, studying, and recording water and nature may be accommodated by platforms, benches or shelters, consistent with public safety and security. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.080 Utility facilities.

The following standards apply to utility uses within the shoreline environment:

A. Stormwater and sewage outfalls may be permitted in shoreline environments if upland treatment and infiltration to groundwater, streams or wetlands is not feasible per WAC 173-26-020 and there is no impact on salmon migratory habitat;

B. Water intakes shall not be permitted near fish spawning, migratory, or rearing areas;

C. Water intakes shall comply with Washington Department of Fish and Wildlife fish screening criteria, and to the maximum extent practical, intakes shall be placed at least 30 feet waterward of the ordinary high water mark;

D. Cable crossings for telecommunications and power lines and pipelines for oil, gas, water and other utilities shall:

1. Use the best available technology to protect health, safety, and the environment;

2. Be routed through sites that are already free of vegetation, such as existing roadways, or attached to existing bridges, to the greatest extent feasible;

3. Avoid critical aquatic habitat to the greatest extent feasible;

4. If crossing beneath a streambed, utilities shall be designed to avoid streambed mobilization and adverse impacts on groundwater flow, be placed in a sleeve or conduit that allows replacement without need for additional excavation, and return grades to existing or better condition that provides for normal floodwater flow; and

5. Provide mitigation for impacts to shoreline ecological functions. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.085 Transportation uses.

A. Non-water-dependent transportation uses shall be located as far landward as possible.

B. Bridges, when necessary, should span open water and floodways.

C. Roadways and bridges should be designed to avoid placement of fill or structures that would restrict floodplain capacity or limit channel migration. If transportation facilities are anticipated to impact floodplains or channel migration zones, mitigation sequencing as specified in Chapter 18.55 KMC shall be employed to avoid and mitigate for impacts.

D. Construction of private bridges should be minimized, and shared access should be required whenever feasible, including when subdivision would create new lots requiring access by bridge.

E. Transportation uses shall employ mitigation sequencing specified in Chapter 18.55 KMC to avoid and mitigate for impacts to critical areas.

F. Lighting from parking areas shall be screened from illuminating fish and wildlife habitat areas and their buffers; provided, that lighting necessary for safe operation of a permitted water-dependent use may be allowed, but should be screened to the extent possible from illuminating fish and wildlife habitat areas and their buffers. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.090 Residential uses.

A. Public access to the shoreline shall be required for the following residential developments:

1. Multiple-family dwelling unit developments, including mixed use developments that contain multiple-family dwelling units; and

2. New subdivisions of more than four lots.

B. Residential accessory uses must meet the following standards:

1. Non-water-dependent accessory structures other than below-grade swimming pools shall be limited to a 150-square-foot footprint.

2. Below-grade swimming pools shall be sited and designed so that they do not adversely affect the flow of groundwater or endanger unstable slopes.

3. Accessory structures shall be sited to preserve visual access to the shoreline from adjacent properties and public rights-of-way to the maximum extent practical.

4. Non-water-dependent accessory structures and facilities such as sheds, gazebos, swimming pools, and driveways shall not be located in vegetation conservation areas described in Chapter 16.60 KMC.

5. Foot ramps, stairs, and paths to a dock or beach may be allowed in the vegetation conservation areas described in Chapter 16.60 KMC, but shall be limited to the minimum necessary to provide pedestrian access.

6. Private boat ramps serving a single residence shall not be located in vegetation conservation areas described in Chapter 16.60 KMC. [Ord. 12-0334 § 3 (Exh. 1).]

16.50.100 Channel migration zone on Swamp Creek.

A. The channel migration zone shall include:

1. The 500-year floodplain of Swamp Creek within shoreline jurisdiction; and

2. All area within 112.5 feet of Swamp Creek.

B. Within the channel migration zone:

1. There shall be no subdivision of land within the channel migration zone except for the purpose of creating permanent, nonbuildable open space tracts.

2. Fill shall not be allowed that impairs channel migration within the channel migration zone.

3. No new development is allowed where future stabilization, including bank stabilization as well as structural flood hazard reduction, would be necessary.

4. Existing structures can be protected but must use natural stabilization unless proven by a scientifically and technically valid study that the natural stabilization measures will not work.

5. Existing legal uses in the Swamp Creek floodplain can be repaired and maintained; provided, that such actions do not cause significant ecological impacts, increase flood hazards to other uses, and are consistent with other relevant laws.

6. Before new structural flood hazard reduction measures in shoreline jurisdiction can be approved, it must be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are not feasible, that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss of ecological function, and that appropriate vegetation conservation actions are undertaken.

C. A project proponent may have a channel migration zone study completed by a qualified professional hydrogeologist to be reviewed by the City. If the study demonstrates that the entirety of the development property is outside of the channel migration zone, then this section will not further apply to the project. [Ord. 12-0334 § 3 (Exh. 1).]