Chapter 15.44 SHORELINE MANAGEMENT

Chapter 15.44
SHORELINE MANAGEMENT

Sections:

I. General Provisions and Administration

15.44.010 Definitions.

15.44.020 Administrator.

15.44.030 Shoreline board.

15.44.040 Appeal.

15.44.050 Interpretation.

15.44.060 Public hearing rules.

15.44.070 Existing requirements for permits and certificates.

II. Permits and Variances

15.44.080 Required permits.

15.44.090 Substantial development permits.

15.44.100 Conditional use permits.

15.44.110 Variances.

15.44.120 Permit application.

15.44.130 Permit fees.

15.44.140 Shoreline substantial development permits.

15.44.150 Conditional use permits and variances.

15.44.160 Revocation of permit.

15.44.170 Notification required for non-permit-required forms of development.

III. Use Regulations and Standards

15.44.180 Applicability.

15.44.190 Uses not permitted in the shorelines of the city.

15.44.200 Conservancy environment – General requirements for developments.

15.44.210 Conservancy environment – Residential development.

15.44.220 Conservancy environment – Subdivisions.

15.44.230 Conservancy environment – Shoreline protection.

15.44.240 Conservancy environment – Filling and excavation.

15.44.250 Conservancy environment – Recreation.

15.44.260 Conservancy environment – Agricultural practices.

15.44.270 Conservancy environment – Aquaculture.

15.44.280 Rural environment – General requirements for developments.

15.44.290 Rural environment – Residential development.

15.44.300 Rural environment – Subdivision.

15.44.310 Rural environment – Shoreline protection.

15.44.320 Rural environment – Filling and excavation.

15.44.330 Rural environment – Recreation.

15.44.340 Rural environment – Agricultural practices.

15.44.350 Rural environment – Aquaculture.

15.44.360 Urban environment – General requirements for developments.

15.44.370 Urban-general and urban-residential categories – Uses permitted.

15.44.380 Urban-general and urban-residential categories – Single-family residential.

15.44.390 Urban-general and urban-residential categories – Subdivisions.

15.44.400 Urban-general and urban-residential categories – Shoreline protection.

15.44.410 Urban-general and urban-residential categories – Filling and excavation.

15.44.420 Urban-general and urban-residential categories – Recreation.

15.44.430 Urban-general – Permitted development.

15.44.440 Urban-general – Commercial development.

15.44.450 Urban-general – Multifamily residential development.

15.44.460 Urban-general – Industrial development.

IV. Penalties and Enforcement

15.44.470 Penalties.

15.44.480 Enforcement.

I. General Provisions and Administration

15.44.010 Definitions.

Unless otherwise provided herein the definitions of RCW 90.58.030 and WAC 173-16-030 shall apply.

“Floodway” means those areas designated as a floodway on the Flood Insurance Rate Map (FIRM) of the Federal Emergency Management Agency (FEMA).

“100-year flood plain” means that area described in the FEMA map, attached to the ordinance codified in this chapter, used to define the environments of this master program.

“Shoreline of statewide significance” means the Middle Fork of the Snoqualmie River and that area 200 feet landward from the edge of the floodway and associated marshes, bogs, swamps and river deltas which lies within the boundaries of the city.

“Shorelines” means the South Fork of the Snoqualmie River and all that area 200 feet landward from the ordinary high water mark or the edge of the floodway, whichever is greater, and associated marshes, bogs, swamps and river deltas of the South Fork of the Snoqualmie River which lies within the boundaries of the city, and the Middle Fork of the Snoqualmie River and all that area 200 feet landward from the edge of the floodway and associated marshes, bogs, swamps and river deltas of the Middle Fork of the Snoqualmie River which lies within the boundaries of the city.

“Uplands” means those areas not within the shorelines.

“Water-related use” means a principal use which is not intrinsically dependent on a location abutting the ordinary high water mark but which:

1. Promotes the public’s enjoyment of or access to the water, or

2. Gains a cost savings or revenue-differentiating advantage, which is not associated with land rents or costs, from being located within the shorelines that could not be obtained at an upland location. Such uses include but are not limited to residential development, restaurants, or uses which provide public access or limited public access to the shoreline. (Ord. 823 § 2 (Ch. 3), 1990).

15.44.020 Administrator.

A. The community development director shall serve as the shorelines administrator. The administrator shall administer the shoreline permit and notification systems, and shall be responsible for coordinating the administration of shoreline regulations with zoning enforcement, building permits, and all other regulations regulating land use and development in the city.

B. The administrator shall be familiar with regulatory measures pertaining to shorelines and their use, and, within the limits of his or her authority, shall cooperate in the administration of these measures. Permits issued under the provisions of this shoreline regulation shall be coordinated with other land use and development regulatory measures of the city. The administrator shall establish procedures that advise all parties seeking building permits or other development authorization of the need to consider possible shoreline applications. It is the intent of the city, consistent with its regulatory obligations, to simplify and facilitate the processing of shoreline substantial development permits.

C. The shorelines administrator may designate other community development department personnel to perform the duties of the shorelines administrator except for the issuance of permits. (Ord. 917 § 1, 1993: Ord. 823 § 2 (Ch. 2 § 1), 1990).

15.44.030 Shoreline board.

A. The examiner shall perform the duties assigned to the shoreline board. Required open record public hearings shall be scheduled within the last 10 days of the 30-day local review period provided in the permit procedure. Decisions shall be rendered as soon as possible after the 30-day period lapses and not more than 15 days thereafter.

B. Meetings shall comply with the provisions of RCW 90.58.140 and may be called by the examiner or city administrator.

C. The examiner’s decision shall be considered the final decision of the city for the purposes of appeal under NBMC 15.44.040. (Ord. 1172 § 7, 2002; Ord. 1053 § 19, 1998: Ord. 823 § 2 (Ch. 2 § 2), 1990).

15.44.040 Appeal.

Shoreline substantial development permits, variances and conditional use permits may be appealed. Appeals from the final decision of the city with regard to shoreline permits shall be governed by Chapter 90.58 RCW. The effective date of the city’s decision with regard to a shoreline substantial development permit and Ecology’s decision with regard to conditional use permits and variances shall be the date of filing with the Department of Ecology pursuant to RCW 90.58.140. (Ord. 823 § 2 (Ch. 2 § 9), 1990).

15.44.050 Interpretation.

It is the policy of the city to apply shoreline regulations in such manner as to carry out the objectives of the Shoreline Management Act and the master program. When various ordinances or laws are in conflict, the most restrictive law or ordinance shall apply. (Ord. 823 § 2 (Ch. 2 § 10), 1990).

15.44.060 Public hearing rules.

Any public hearing conducted pursuant to this regulation shall be held according to these rules. The date, time, place and matter of the hearing shall be advertised in the official newspaper at least 10 days but not more than 20 days in advance of the date of the hearing. Public hearings may be continued to a specific time and place and no further notice, except for posting notice at City Hall, is required. Where specific property is involved, a hearing notice containing the same information as the newspaper notice shall be sent at least 10 days but not more than 20 days prior to the hearing date to record owners of the property involved and the record owners of all properties, as shown on the King County assessor’s roll, within 300 feet of all property lines of the specific property or properties involved in the hearing. In addition, notice of all hearings involving spe-

cific property shall contain a common and a legal description of the property involved. Public records shall be kept for all hearings. (Ord. 823 § 2 (Ch. 2 § 11), 1990).

15.44.070 Existing requirements for permits and certificates.

Nothing in these regulations shall obviate any other requirement to obtain any permit, certificate, license, or approval from any state agency, the city or other local agency. (Ord. 823 § 2 (Ch. 2 § 14), 1990).

II. Permits and Variances

15.44.080 Required permits.

Certain forms of development or activity occurring within the area of shoreline jurisdiction require a shoreline substantial development permit, conditional use permit and/or variance prior to commencement of construction or beginning the activity. The permit procedure shall be as explained in Chapter 90.58 RCW and amendments to that chapter shall automatically cause a similar amendment to this regulation. (Ord. 823 § 2 (Ch. 2 § 3 (part)), 1990).

15.44.090 Substantial development permits.

Those forms of development for which substantial development permits are required are defined by the Act as follows:

“Substantial development” shall mean any development of which the total cost or fair market value exceeds $2,500, or any development which materially interferes with the normal public use of the water or shorelines of the state; except the following shall not be considered substantial developments for the purpose of these regulations:

A. Any development of which the total cost or fair market value, whichever is higher, does not exceed $2,500, if such development does not materially interfere with the normal public use of the shoreline.

B. Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements.

C. Construction of the normal protective bulkhead common to single family residences.

D. Emergency construction necessary to protect property from damage by the elements.

E. Construction and practices normal or necessary for farming, irrigating and ranching activities, including agricultural service roads and utilities on wetlands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures, including but not limited to head gates, pumping facilities, and irrigation channels.

F. Construction or modification of navigational aids such as channel markers and anchor buoys.

G. Construction on wetlands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to Title 173 WAC.

H. The marking of property lines or corners on state owned land.

I. Operation and maintenance of any system of dikes, ditches, drains or other facilities existing on the effective date of the 1975 amendatory act that were created, developed or utilized as a part of an agricultural drainage or diking system.

J. Any project with a certification from the governor pursuant to Chapter 80.50 RCW. (Ord. 823 § 2 (Ch. 2 § 3 (A)), 1990).

15.44.100 Conditional use permits.

A. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the master program. With provisions to control undesirable effects, the scope of uses within each of the three environments can remain flexible. Uses not listed within the three environments may be classified as conditional uses and may be permitted after consideration by the shoreline board that such uses will meet standards that make the use compatible with other permitted uses within the area.

B. Conditional use permits will be granted only after the applicant can demonstrate all of the following:

1. The use will cause no unreasonably adverse effects on the environment or other adjacent uses.

2. The use will not unduly interfere with public use of public shorelines.

3. Design of the site will be compatible with the surroundings, the master program, and the city’s zoning requirements.

4. The proposed use will not be contrary to the general intent of the master program and the city’s comprehensive land use plan.

5. The public interest will not suffer any substantial detrimental effect from the proposed use.

6. Other uses not classified in the master program may be authorized as conditional uses provided the applicant demonstrates the criteria set forth in subsections 1 through 5 above and that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the master program.

C. Should the shoreline board approve the request, the specific conditions of approval, i.e., any specific required structures, designs, or actions of the applicant, will be written on the permit issued to the applicant. Conditional use permits must be approved by the Department of Ecology and do not take effect until such approval is obtained and appeal periods have expired. (Ord. 823 § 2 (Ch. 2 § 3 (B)), 1990).

15.44.110 Variances.

A. Variance deals with specific requirements of the master program and its objective is to grant relief when there are practical difficulties or unnecessary hardship in carrying out the strict letter of the master program. The property owner must show that if he complied with the provisions he cannot make any reasonable use of his property. The fact that he might make a greater profit by using his property in a manner contrary to the intent of the program is not sufficient reason for a variance.

B. A variance may be granted by the shoreline board only after the applicant demonstrates all of the following:

1. The hardship which serves as the basis for granting a variance is specifically related to the property of the applicant.

2. The hardship results from the application of the requirements of the Shoreline Management Act and master program and not from, for example, deed restrictions or the applicant’s own actions.

3. The variance granted will be in harmony with the general purpose and intent of the master program.

4. Public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied.

C. Variances must be approved by the Department of Ecology and do not take effect until such approval is obtained and appeal periods have expired.

D. Applicants for either a variance or conditional use permit will adhere to the procedures set forth in applicable ordinances of the city. (Ord. 823 § 2 (Ch. 2 § 3 (C)), 1990).

15.44.120 Permit application.

Once an applicant has determined a permit is required for a contemplated project, he shall apply on forms provided by the administrator. The permit form shall include as a minimum the following information:

A. Name, address, and telephone number of applicant and the relationship of the applicant to the property owner (e.g., owner, agent, purchaser, lessee).

B. Name, address, and telephone number of property owners.

C. Names and addresses of property owners, as shown on the records of the King County assessor, owning property within 300 feet of the boundaries of the property lines in mailing label format.

D. Legal description of property.

E. Common description of property.

F. Name of associated shoreline or wetland.

G. Drawings or text sufficient to fully explain the intended project, which information must include:

1. Indication of size and placement of all structures, including bulkheads.

2. Indication of size, grade, and profile of all roads or other vehicular passageways.

3. Indication of all water supplies and sewage disposal facilities.

4. Relation of all physical development to the associated shoreline or wetlands.

5. Scale drawings of all bridges or other structures to be built in, on or over streams, marshes, swamps or lakes.

H. A vicinity map showing:

1. The site location.

2. If development within the shoreline involves excavation or soil removal, the disposal site.

3. A general description of land use and development within 1,000 feet of the property lines.

I. The intended starting and completion dates.

J. The reason, if any, why this project requires a shoreline location as opposed to a nonshoreline location.

K. If a variance is being requested, the application shall contain the applicant’s reasons why the variance shall be granted.

L. If a conditional use is being requested, the application shall contain the applicant’s reasons why the conditional use should be granted.

M. A wetland analysis which identifies on the site bogs, marshes, other sensitive areas and related information to assist the administrator in identifying development impacts.

N. Other materials as may be required by WAC 173-14-110 as now or as it may hereafter be amended. The administrator may require such additional information as may assist in coordinating the shorelines program with other land use and development programs of the city.

On the day the applicant submits the completed form along with the application fee, the official permit procedure begins. The administrator shall not accept incomplete permit applications. (Ord. 823 § 2 (Ch. 2 § 4), 1990).

15.44.130 Permit fees.

All applications for a substantial development permit, conditional use permit, or variance shall be accompanied by such fee or fees as shall be established by the city council from time to time in its schedule of city fees. (Ord. 823 § 2 (Ch. 2 § 5), 1990).

15.44.140 Shoreline substantial development permits.

A. After the administrator has determined that a complete application, as defined by NBMC 15.44.120, has been submitted and the administrator accepts it, the city shall cause public notices of the application to appear in the city’s official newspaper. At least two notices shall appear one week apart and contain the information required by WAC 173-14-070 and such other notice as the administrator deems appropriate. The administrator shall also mail notice of the application to all property owners, at the addresses shown on the records of the King County assessor, within 300 feet of the property lines of the entire property involved in the application and post notices in three conspicuous places on the property at City Hall.

B. Starting from the day of the publication of the second public notice, a 30-day comment period will commence during which the administrator shall evaluate the application, collect all relevant data, and solicit communications from persons and agencies wishing to express views on the application. The administrator shall examine each application for consistency with the shoreline master program.

C. The administrator shall consider the data collected pursuant to subsection B of this section, as well as other information relevant to his decision, and make a decision to approve, approve with conditions or deny the application within 15 days of the close of the comment period.

D. The administrator shall transmit the decision and findings to the applicant and the Department of Ecology.

E. Upon the date of filing of a shoreline substantial development permit with the Department of Ecology, a 30-day appeal period will commence, during which appeals to the city’s decision may be made.

F. Should there be no appeal to the decision at the end of the 30-day period, if the city’s decision was to approve or approve with conditions, and if no other permits are needed, the project may proceed.

G. Should there be an appeal, the project applied for may not begin until appeals are settled and required waiting periods have passed as provided in Chapter 90.58 RCW. (Ord. 1172 § 8, 2002: Ord. 1053 § 20, 1998: Ord. 823 § 2 (Ch. 2 § 6 (A)), 1990).

15.44.150 Conditional use permits and variances.

A. After the administrator has determined that a complete application, as defined by NBMC 15.44.120, has been submitted and accepts it, the city shall cause public notices of the application to appear in the city’s official newspaper. At least two notices shall appear one week apart and contain the information required by WAC 173-14-070 and such other notice as the administrator deems appropriate. The administrator shall also mail notice of the application to all property owners, at the addresses shown on the records of the King County assessor, within 300 feet of the property lines of the entire property involved in the application and post notices in three conspicuous places on the property and at City Hall.

B. Starting from the day of the publication of the second public notice, a 30-day comment period will commence during which the administrator shall evaluate the application, collect all relevant data, and solicit communications from persons and agencies wishing to express views on the application. The shoreline board shall schedule a public hearing during the last 10 days of the 30-day comment period.

C. The administrator shall examine the application for consistency with the shoreline master program. Ten days prior to the end of the 30-day comment period, the administrator shall forward staff recommendations to the shoreline board for hearing as set forth in NBMC 15.44.030.

D. The administrator shall transmit the decision and findings of the shoreline board to the applicant and Department of Ecology.

E. Upon the date of filing with the Department of Ecology, a 30-day review period will commence, during which the department shall approve, approve with conditions or deny the application. The department shall transmit its final decision to the city and the applicant within 30 days of submittal of the application by the city to the department.

F. Upon receipt of the Department of Ecology’s decision by the city, a 30-day appeal period will begin, during which time appeals to Ecology’s decision may be appealed to the State Shoreline Board.

G. Should there be no appeal to the decision at the end of the 30-day period, if the Department of Ecology’s decision was to approve or approve with conditions, and if no other permits are needed, the project may proceed.

H. Should there be an appeal, the project applied for may not begin until appeals are settled and required waiting periods have passed as provided in Chapter 90.58 RCW. (Ord. 1172 § 9, 2002: Ord. 823 § 2 (Ch. 2 § 6 (B)), 1990).

15.44.160 Revocation of permit.

The administrator, pursuant to RCW 90.58.140(8), may revoke the permit and halt the project if conditions written on the permit are not fulfilled, are violated or if any other of

these regulations are violated. The decision of the administrator may be appealed to the shoreline board. (Ord. 823 § 2 (Ch. 2 § 7), 1990).

15.44.170 Notification required for non-permit-required forms of development.

A. There are certain forms of development and activity that may occur within the area of jurisdiction, but which do not need substantial development permits. Notification of intent to perform some of these non-permit-required forms of development and activity must be given to the administrator. Such notification shall be by letter, transmittal with other permit or license requirements. Such notification must include: the name of the person or persons intending to perform the subject development or activity, the name of the property owner, the nature of the proposed development or activity, the location of the property, and the anticipated starting and ending dates of the project. This notice must arrive in the office of the administrator at least one week prior to the anticipated starting date. Those forms of development or activity subject to this notification provision and acceptable notification are as follows:

1. Construction of single family residences as provided under Section 15.44.090G above (building permit application shall be compliance).

2. Herbicide, insecticide, or other dangerous chemical application (copies of licenses required by the Department of Agriculture or written notice shall be compliance.)

3. The destruction of any building (city demolition permit application shall be compliance.)

4. The removal of natural vegetation from 1/10 acre or more (grading permit application or other written notice shall be compliance.)

B. Failure to give such notice shall be a violation of this regulation. The burden of providing this notice rests jointly on the operator or contractor and the property owner. (Ord. 823 § 2 (Ch. 2 § 8), 1990).

III. Use Regulations and Standards

15.44.180 Applicability.

The following uses, definitions, regulations, conditions and standards shall govern the interpretation and application of shoreline policies and programs in the city. These regulations and standards only shall apply to new developments and construction within the shoreline; existing structures and facilities shall not be required to meet these standards. In addition, all uses shall be compatible with and in compliance with applicable zoning ordinances and other ordinances generally governing development in the city. (Ord. 823 § 2 (Ch. 2 § 12 (part)), 1990).

15.44.190 Uses not permitted in the shorelines of the city.

The following defined uses are not permitted in the shorelines of the city.

A. Forest Management Practices. Forest management practices are those methods used for the protection, production and harvesting of merchantable timber.

B. Marinas. Marinas are facilities which provide boat launching, storage, supplies and services for small pleasure craft.

C. Mining Practices. Mining is the removal of naturally occurring materials from the earth for economic use.

D. Port and Water Related Industry. Ports are centers for water-borne traffic.

E. Solid Waste Disposal. Solid waste disposal is the collection, transportation, and disposal of solid wastes as defined in RCW 70.95.030(16).

F. Piers. A pier or dock is a structure built over or floating upon the water, used as a landing place for marine transport or for recreational purposes. (Ord. 823 § 2 (Ch. 2 § 12 (A)), 1990).

15.44.200 Conservancy environment – General requirements for developments.

A. Commercial facilities (except for commercial recreation facilities), industrial and multi-family residential uses shall be prohibited.

B. Only aquaculture facilities which are water dependent shall be allowed waterward of the ordinary high water mark.

C. All development shall be required to provide adequate surface water retention/detention facilities in compliance with city development standards.

D. Parking facilities for commercial recreational development shall maintain a shoreline setback of 100 feet from the ordinary high water mark.

E. Signs, except directional and educational signs and signs to protect the public health, safety and welfare, are not allowed.

F. If utilities are installed in the shoreline:

1. A shoreline conditional use permit shall be required if constructed within 100 feet of the ordinary high water mark,

2. An erosion control plan shall be submitted and approved prior to beginning construction or maintenance of the utilities, and

3. A revegetation plan for those areas that will be disturbed during construction or maintenance shall be submitted and approved prior to construction or maintenance.

G. The planning commission with regard to shoreline substantial development permits and the shoreline board with regard to conditional use permits or variances may place conditions on developments in the conservancy environment. (Ord. 823 § 2 (Ch. 2 § 12 (B) (1)), 1990).

15.44.210 Conservancy environment – Residential development.

Single-family residential development and accessory structures may be allowed provided they maintain a shoreline setback of 50 feet from the edge of the floodway. (Ord. 823 § 2 (Ch. 2 § 12 (B) (2)), 1990).

15.44.220 Conservancy environment – Subdivisions.

All subdivisions and short subdivisions within the conservancy environment shall comply with this section.

A. The average lot area for single-family developments in the conservancy environment shall be two acres; provided, the average lot area may be reduced to 35,000 square feet when:

1. Public access is provided to the shoreline along the entire accessible shoreline within the property,

2. All lots are served by an approved public sewage disposal system, and

3. All lots are served by public water.

B. All lots within a new subdivision or short subdivision with densities based on an average lot size of two acres shall cluster the allowable number of units on one acre parcels and shall restrict the remaining area to open space, gardening/agriculture and/or non-commercial recreation.

C. All lots within a new subdivision or short subdivision with densities based on an average lot size of 35,000 square feet shall cluster the allowable number of units on 15,000 square foot parcels and restrict the remaining area to open space, gardening/agriculture and/or non-commercial recreation.

D. Any lot created prior to the adoption of these regulations that is located wholly or partially within the shoreline shall be considered a legal building site and shall not be required to comply with subsection A above; provided, that such lot(s) shall be subject to the city’s substandard lot provisions.

E. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space or other similar required conditions of land subdivisions or development unless the minimum lot size has been reduced pursuant to subsection A above. (Ord. 823 § 2 (Ch. 2 § 12 (B) (3)), 1990).

15.44.230 Conservancy environment – Shoreline protection.

Shoreline protection may be allowed in the conservancy environment provided the protection does not endanger other legally constructed improvements and only to protect:

A. Public improvements; or

B. Legally constructed residences and their legally constructed accessory structures. (Ord. 823 § 2 (Ch. 2 § 12 (B) (4)), 1990).

15.44.240 Conservancy environment – Filling and excavation.

Filling and excavation may be allowed in the conservancy environment provided:

A. Landfill or excavation below the ordinary high water mark shall be allowed only to mitigate conditions which endanger public safety or fisheries resources, and when technical information demonstrates water circulation, aquatic life and water quality will not be impaired.

B. Channelizing, straightening or relocating rivers or streams shall not be allowed.

C. Excavation and landfill of marshes, swamps or bogs shall not be allowed.

D. Landfill shall be prohibited within the floodway unless the applicant demonstrates that the landfill will not cause a reduction of the capacity of the floodway to discharge the 100-year flood.

E. Landfill shall provide compensating storage on site and shall not increase flood hazard downstream. (Ord. 823 § 2 (Ch. 2 § 12 (B) (5)), 1990).

15.44.250 Conservancy environment – Recreation.

Recreational development may be allowed in the conservancy environment provided:

A. The recreational development will not require any significant filling, excavation or regrading involving more than 25% of that portion of the site within the shoreline.

B. The construction of public swimming pools and gyms and other indoor recreational facilities is prohibited. (Ord. 823 § 2 (Ch. 2 § 12 (B) (6)), 1990).

15.44.260 Conservancy environment – Agricultural practices.

Agricultural practices may be allowed in the conservancy environment provided:

A. Any barn, shed or other structure constructed in conjunction with the allowed agricultural activity shall not be constructed within the floodway.

B. Agricultural activity along the shoreline shall conform to the management practices developed pursuant to the Federal Water Pollution Control Act of 1972, as now or hereafter amended. (Ord. 823 § 2 (Ch. 2 § 12 (B) (7)), 1990).

15.44.270 Conservancy environment – Aquaculture.

Aquaculture (the culture or farming of aquatic life) may be allowed in the conservancy environment provided:

A. Any structure placed waterward of the ordinary high water mark shall be placed so as not to:

1. Be a hazard to navigation; or

2. Cause or increase flooding on neighboring properties.

B. Any by-products of the aquaculture facility which are discharged into the water shall meet applicable discharge standards.

C. Aquacultural facilities shall be installed with minimum disturbance to banks and existing channels.

D. The aquaculture operation shall not materially damage any significant wildlife habitat or recreation site.

E. Parking for aquaculture facilities shall maintain a shoreline setback of 100 feet from the ordinary high water mark. (Ord. 823 § 2 (Ch. 2 § 12 (B) (8)), 1990).

15.44.280 Rural environment – General requirements for developments.

A. Commercial (except for commercial recreation facilities), industrial and multi-family uses shall be prohibited.

B. Only water dependent aquaculture facilities shall be allowed waterward of the ordinary high water mark.

C. Signs, except directional and educational signs and signs to protect the public health, safety and welfare, are not allowed.

D. If utilities are installed in the shoreline:

1. A shoreline conditional use permit shall be required if constructed within 100 feet of the ordinary high water mark,

2. An erosion control plan shall be submitted and approved prior to beginning construction or maintenance of the utilities, and

3. A revegetation plan for those areas that will be disturbed during construction or maintenance shall be submitted and approved prior to construction or maintenance.

E. The planning commission with regard to shoreline substantial development permits and the shoreline board with regard to conditional use permits and variances may place conditions on developments within the rural environment.

F. All development shall be required to provide adequate surface water retention/detention facilities in compliance with city development standards. (Ord. 823 § 2 (Ch. 2 § 12 (C) (1)), 1990).

15.44.290 Rural environment – Residential development.

15.44.300 Rural environment – Subdivision.

All subdivisions and short subdivisions within the rural environment shall comply with this section.

A. The average lot area for single-family developments in the rural environment shall be five acres; provided the average lot area may be reduced to 35,000 square feet when:

1. Public access is provided to the shoreline along the entire accessible shoreline within the property,

2. All lots are served by an approved public sewage disposal system, and

3. All lots are served by public water.

B. All lots within a new subdivision or short subdivision with densities based on an average lot size of five acres shall cluster the allowable number of units on one acre parcels and shall restrict the remaining area to open space, gardening/agriculture and/or non-commercial recreation.

15.44.310 Rural environment – Shoreline protection.

Shoreline protection may be allowed in the rural environment provided the protection does not endanger other legally constructed improvements and only to protect:

A. Public improvements; or

B. Legally constructed residences and their legally constructed accessory structures. (Ord. 823 § 2 (Ch. 2 § 12 (C) (5)), 1990).

15.44.320 Rural environment – Filling and excavation.

Filling and excavation may be allowed in the rural environment provided:

B. Channelizing, straightening or relocating rivers or streams shall not be allowed.

C. Excavation and landfill of marshes, swamps or bogs shall not be allowed.

D. Landfill shall be prohibited within the floodway unless the applicant demonstrates that the landfill will not cause a reduction of the capacity of the floodway to discharge the 100-year flood.

E. Landfill shall provide compensating storage on site and shall not increase flood hazard downstream. (Ord. 823 § 2 (Ch. 2 § 12 (C) (5)), 1990).

15.44.330 Rural environment – Recreation.

Recreational development may be allowed in the rural environment provided:

A. The recreational development will not require any significant filling, excavation or regrading involving more than 25% of that portion of the site within the shoreline.

B. The construction of public swimming pools and gyms and other indoor recreational facilities is prohibited. (Ord. 823 § 2 (Ch. 2 § 12 (C) (6)), 1990).

15.44.340 Rural environment – Agricultural practices.

Agricultural practices may be allowed in the rural environment provided:

A. Any barn, shed or other structure constructed in conjunction with the allowed agricultural activity shall not be constructed within the floodway.

15.44.350 Rural environment – Aquaculture.

Aquaculture (the culture or farming of aquatic life) may be allowed in the rural environment provided:

A. Any structure placed waterward of the ordinary high water mark shall be placed so as not to:

1. Be a hazard to navigation; or

2. Cause or increase flooding on neighboring properties.

B. Any by-products of the aquaculture facility which are discharged into the water shall meet applicable discharge standards.

C. Aquacultural facilities shall be installed with minimum disturbance to banks and existing channels.

D. The aquaculture operation shall not materially damage any significant wildlife habitat or recreation site.

E. Parking for aquaculture facilities shall maintain a shoreline setback of 100 feet from the ordinary high water mark. (Ord. 823 § 2 (Ch. 2 § 12 (C) (8)), 1990).

15.44.360 Urban environment – General requirements for developments.

A. Development shall not be permitted waterward of the ordinary high water mark.

B. Surface parking and retention/detention facilities may be located within the floodway and/or shoreline setback; provided, that these uses shall not impede flood flows or reduce the capacity of the floodway to discharge the 100-year flood.

C. If utilities are installed in the shoreline:

1. An erosion control plan shall be submitted and approved prior to beginning construction or maintenance of the utilities; and

2. A revegetation plan for those areas that will be disturbed during construction or maintenance shall be submitted and approved prior to construction or maintenance.

D. The planning commission with regard to shoreline substantial development permits may recommend and the shoreline board with regard to conditional use permits and variances may place conditions on commercial, industrial or multi-family residential applications in the urban environment. (Ord. 823 § 2 (Ch. 2 § 12 (D) (1)), 1990).

15.44.370 Urban-general and urban-residential categories – Uses permitted.

The following uses are permitted in both the urban-general and urban-residential portions of the urban environment. (Ord. 823 § 2 (Ch. 2 § 12 (D) (2) (part)), 1990).

15.44.380 Urban-general and urban-residential categories – Single-family residential.

Single-family residential development may be allowed in both the urban-general and the urban-residential environments provided:

A. Single-family development shall not be allowed waterward of the ordinary high water mark.

B. Single-family development and accessory structures shall maintain a shoreline setback of 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that in the urban-residential category when the dike provides 100-year protection the setback shall be (a) 30 feet from the riverside top of the dike for plats that were developed or received final plat approval prior to the approval of these amended regulations and (b) 50 feet from the riverside top of the dike for plats that have not received final plat approval prior to approval of these amended regulations. (Ord. 823 § 2 (Ch. 2 § 12 (D) (2) (a)), 1990).

15.44.390 Urban-general and urban-residential categories – Subdivisions.

All subdivisions, short subdivisions and planned unit developments may be allowed in the urban environment provided:

A. Any lot located wholly or partially within the shoreline shall comply with city substandard lot regulations.

B. Submerged land within the boundaries of any waterfront parcel may be used to compute lot area, lot dimensions, yards, open space or other similar required conditions of land subdivision or development.

C. Public access shall be provided to the shoreline along the entire accessible shoreline within the property.

D. All lots shall be served by public sewers.

E. All lots shall be served by public water. (Ord. 823 § 2 (Ch. 2 § 12 (D) (2) (b)), 1990).

15.44.400 Urban-general and urban-residential categories – Shoreline protection.

Shoreline protection may be allowed in the urban environment provided:

A. Shoreline protection to replace existing shoreline protection shall not be located farther waterward than the shoreline protection it is replacing.

B. On lots where the directly abutting lots have legally established shoreline protection, shoreline protection may be installed no further waterward than is necessary to tie in with the shoreline protection on the abutting lots, and shall to the extent feasible follow the natural contours of the water body.

C. A bulkhead, the toe of which is located below the ordinary high water mark, may not be considered to be a normal protective bulkhead common to a single family residence unless it is replacing an existing bulkhead consistent with subsection A of this section or it is necessary to place it below the ordinary high water mark consistent with subsection B of this section.

D. Shoreline protection shall be allowed only when it has been demonstrated that shoreline protection is necessary for the protection of existing legally established structures and public improvements.

E. Shoreline protection shall not have adverse impacts on the property of others.

F. Shoreline protection shall not be used to create new lands.

G. Shoreline protection shall not significantly interfere with normal surface and/or subsurface drainage into the water body.

H. Shoreline protection shall be designed so as to not substantially interfere with visual access to the water.

I. Shoreline protection shall be designed so as to not create a need for shoreline protection elsewhere. (Ord. 823 § 2 (Ch. 2 § 12 (D) (2) (c)), 1990).

15.44.410 Urban-general and urban-residential categories – Filling and excavation.

Filling and excavation may be permitted in the urban environment provided:

A. Landfill may be allowed below the ordinary high water mark only when necessary to mitigate conditions which endanger public safety, and when technical information demonstrates water circulation, aquatic life and water quality will not be substantially impaired.

B. Landfill shall be prohibited within the floodway unless the landfill will not cause a reduction of the capacity of the floodway to discharge the 100-year flood.

C. Excavation and landfill shall not be allowed in marshes, bogs or swamps.

D. Landfill shall provide compensating on-site storage and shall not increase flood hazard downstream. (Ord. 823 § 2 (Ch. 2 § 12 (D)(2)(d)), 1990).

15.44.420 Urban-general and urban-residential categories – Recreation.

Recreational development may be permitted in the urban environment; provided, that indoor recreation facilities shall maintain a shoreline setback of either 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that where the dike provides 100-year protection the setback shall be 50 feet from the riverside top of the dike. (Ord. 823 § 2 (Ch. 2 § 12(D)(2)(e)), 1990).

15.44.430 Urban-general – Permitted development.

Commercial and industrial development and multi-family residences shall be permitted in the urban-general portion of the urban environment, but not in the urban-residential portion of the urban environment. (Ord. 823 § 2 (Ch. 2 § 12(D)(3) (part)), 1990).

15.44.440 Urban-general – Commercial development.

Commercial development may be allowed in the urban-general portion of the urban environment provided structures shall maintain a shoreline setback of either 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that where the dike provides 100-year protection the setback shall be 50 feet from the riverside top of the dike. This shoreline setback may be reduced if the water-related development provides limited public access (actual physical access from the land to the ordinary high water mark or wetlands abutting the ordinary high water mark, which access is limited to specific groups of people or regularly prescribed times) or public access. Commercial development within the shoreline must met the following:

A. The commercial activity shall prevent the release of contaminants into the adjoining water bodies in order to comply with the water quality standards promulgated under the provisions of Chapter 90.48 RCW and city development standards.

B. A performance bond of sufficient size to substantially defray the cost of a clean-up or rehabilitation effort may be required.

C. Outside storage of equipment, vehicles, materials or supplies shall maintain a shoreline setback of 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that when the dike provides 100-year protection the setback shall be 50 feet from the riverside top of the dike. (Ord. 823 § 2 (Ch. 2 § 12(D)(3)(a)), 1990).

15.44.450 Urban-general – Multi-family residential development.

Multi-family residential development may be allowed in the urban-general portion of the urban environment provided:

A. Multi-family residential development shall not be allowed waterward of the ordinary high water mark.

B. Multi-family development shall maintain a setback of 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that when the dike provides 100-year protection the setback shall be 50 feet from the riverside top of the dike. (Ord. 823 § 2 (Ch. 2 § 12(D) (3)(b)), 1990).

15.44.460 Urban-general – Industrial development.

A. Industrial development may be allowed in the urban-general portion of the urban environment provided:

1. The industrial-commercial activity shall prevent the release of contaminants into the adjoining water bodies in order to comply with the water quality standards promulgated under the provisions of Chapter 90.48 RCW and city development standards.

2. A performance bond of sufficient size to substantially defray the cost of a clean-up or rehabilitation effort may be required.

B. Outside storage of equipment, vehicles, materials or supplies shall maintain a shoreline setback of 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that when the dike provides 100-year protection the setback shall be 50 feet from the riverside top of the dike.

C. Industrial development shall maintain a shoreline setback of either 50 feet from the ordinary high water mark or 20 feet from the edge of the floodway, whichever is greater; provided, that when the dike provides 100-year protection the setback shall be 50 feet from the riverside top of the dike. This shoreline setback may be reduced if the water related development provides public access. (Ord. 823 § 2 (Ch. 2 § 12 (D) (3) (c)), 1990).

IV. Penalties and Enforcement

15.44.470 Penalties.

Any violation of this chapter shall be remedied based on the provisions as set forth in NBMC 20.10.100. (Ord. 1088 § 3 (part), 1999: Ord. 823 § 2 (Ch. 2 § 13 (part), 1990).

15.44.480 Enforcement.

Any violation of this chapter shall be remedied based on the provisions as set forth in NBMC 20.10.100. (Ord. 1088 § 3 (part), 1999: Ord. 823 § 2 (Ch. 2 § 13 (part), 1990).

15.44

Existing Shoreline Environments

City of North Bend Shoreline Master Program – Description of Environment Boundaries

Note: All areas listed are within North Bend city limits. In areas on the South Fork of the Snoqualmie River where the dike provides 100-year protection, the edge of the floodway is the riverside top of the dike. Location of the floodway is based on boundaries delineated in Panel 357 of the Flood Insurance Rate Map for King County, September 29, 1989, published by the Federal Emergency Management Agency.

Conservancy Environment: The entire floodway of the South Fork of the Snoqualmie River, except that portion between North Bend Way and North Bend Boulevard South which lies west of Ribary Creek, and except that portion from SE Orchard Drive south to the city limits. That area within 200 feet east of the eastern edge of the floodway of the South Fork of Snoqualmie River, from SR-202 north to the city limits. That area within 200 feet west of the western edge of the floodway of the South Fork of the Snoqualmie River, from the Burlington Northern railroad tracks north to the city limits.

Rural Environment: That area within 200 feet west of the western edge of the floodway of the South Fork of the Snoqualmie River, from North Bend Way north to the Burlington railroad tracks.

Urban General Environment: That area within 200 feet west of the western edge of the floodway of the South Fork of the Snoqualmie River, from North Bend Way south to the city limits. All portions of the floodway of the South Fork of the Snoqualmie River which lie west of Ribary Creek, from North Bend Way south to North Bend Boulevard South. That area within 200 feet east of the eastern edge of the floodway of the South Fork of the Snoqualmie River, from SR-202 (North Bend Boulevard North) south to SE Orchard Drive.

Urban Residential Environment: That area within 200 feet east of the eastern edge of the floodway of the South Fork of the Snoqualmie River, from SE Orchard Drive south to the city limits. That area within 200 feet west of the western edge of the floodway of the Middle Fork of the Snoqualmie River. Those areas from SE Orchard Drive south to the city limits, which lie within 200 feet west of the western edge of the floodway of the South Fork of the Snoqualmie River or are portions of the floodway of the South Fork of the Snoqualmie River.

Proposed Shoreline Environments

Note: All areas listed are within North Bend city limits. Location of the floodway(s) and floodway fringe(s) for the South Fork-Snoqualmie River and Middle Fork-Snoqualmie River is delineated in Panel Numbers 743, 744, 1056 and 1057 of the Flood Insurance Rate Maps for King County, dated May 16, 1995, and published by the Federal Emergency Management Agency. Panels 743, 1056, and 1057 cover the South Fork; Panels 744 and 1057 cover the Middle Fork. Maps are on file with the department of community development at North Bend City Hall. Left bank and right bank are described from looking downstream at the river.

Dikes exist along both forks of the Snoqualmie River in and near North Bend. On the South Fork, they are continuous on both banks, from south of the southern city limits to the King County-Snoqualmie Valley Trail extension downstream from SR-202. In many areas, the dikes represent the edge of the floodway. On the Middle Fork, dikes are less continuous but also affect floodway locations.

Conservancy Environment: The entire floodway of the South Fork-Snoqualmie River, except those portions of said floodway:

1. Within from North Bend Way downstream to SR-202, within the “Schweingruber Triangle” (bounded by the South Fork; NW 8th, and East North Bend Way), which lie at a point beginning 50 feet west of the riverside top-of-dike and up to a point 100 feet east of Ribary Creek’s top-of-bank (left bank of South Fork);

2. From SR-202 downstream to North Bend Way that are west of Ribary Creek (left bank of South Fork);

3. From the southern city limits downstream to a horizontal line intersecting SE Orchard Drive (right bank of South Fork).

Also within the Conservancy Environment: Lands 100 feet from either side of the top-of-bank(s) of Ribary Creek, from North Bend Way downstream to NW 8th Street. Lands within 200 feet east of the eastern edge of the floodway of the South-Fork Snoqualmie River, from SR-202 (north crossing) downstream to the city limits (right bank). Lands within 200 feet west of the western edge of the floodway of the South-Fork Snoqualmie River, from the King County Snoqualmie Valley Trail downstream to the city limits (left bank).

Rural Environment: Lands within 200 feet west of the western edge of the floodway of the South Fork-Snoqualmie River, from North Bend Way north the King County Snoqualmie Valley Trail extension, excluding lands designated Urban General west of 200 feet of the floodway within the “Schweingruber Triangle” area (left bank-South Fork).

Urban General Environment: Lands within 200 feet west of the western edge of the floodway of the South Fork-Snoqualmie River, from a horizontal line intersecting SE Orchard Drive downstream to North Bend Way (left bank). Lands within 200 feet east of the eastern edge of the floodway of the South Fork-Snoqualmie River, from a horizontal line intersecting SE Orchard Drive downstream to SR-202 (northern crossing) (right bank-South Fork); and lands 200 feet west of the floodway boundary (riverside top-of-dike) extending to NW 8th Street and to the Ribary Creek Conservancy area within the “Schweingruber Triangle” (left bank-South Fork).

Urban Residential Environment: Lands within 200 feet east of the floodway of the South Fork-Snoqualmie River, from the southern city limits downstream to a horizontal line intersecting SE Orchard Drive (right bank-South Fork); lands at the southern city limits which lie within the floodway or are 200 feet west of the floodway, in a small wedge-shaped area (left bank). Lands within 200 feet west of the western edge of the floodway of the Middle Fork-Snoqualmie River. (Ord. 995, 1996; Ord. 823, 1990).