Chapter 16.14
SHORELINE ENVIRONMENT DESIGNATIONS

Sections:

16.14.010    Purpose and intent.

16.14.020    Establishment of shoreline environment designations.

16.14.030    Urban conservancy environment.

16.14.040    Shoreline residential environment.

16.14.050    Urban environment.

16.14.060    Shoreline environments and specific shoreline developments.

16.14.070    Unclassified uses.

16.14.010 Purpose and intent.

The basic intent of a shoreline environment designation is to encourage development that will enhance the present or desired character of a shoreline. To accomplish this, segments of shoreline are given an environment designation based on existing development patterns, biophysical capabilities and limitations, and the aspirations of the local citizenry. (Ord. 2089 § 3 (part), 2004)

16.14.020 Establishment of shoreline environment designations.

A. The shoreline master program establishes three shoreline environments for the city of Sumner. These shoreline environments shall include the shorelines of the city of Sumner, including shorelands, surface waters, and bedlands. The three environments are: (1) urban conservancy, (2) shoreline residential, and (3) urban.

B. These shoreline environments shall be those that are mapped and described in detail in the shoreline master program, Chapter 4. (Ord. 2089 § 3 (part), 2004)

16.14.030 Urban conservancy environment.

A. Purpose. The purpose of the urban conservancy environment is to protect and restore ecological functions, including properly functioning conditions for threatened and endangered species under state and federal regulations, and ecological functions in urban and developed settings, while allowing a variety of water-oriented uses. This environment would apply to both privately owned land and publicly owned areas in the shoreline jurisdiction, including city-owned land and Washington Department of Fish and Wildlife land. These public lands may offer conservation and/or restoration opportunities, such as conserving and enhancing riparian forest or re-creating of off-channel habitat for salmonids.

B. Designation Criteria. Areas designated “urban conservancy” should be those areas that are generally not suited for water-dependent uses and that lie in incorporated municipalities, urban growth areas, or commercial or industrial “rural areas of more intense development” and that meet any of the following characteristics:

1. They are suitable for a mix of water-related or water-dependent uses, with other uses that allow a substantial number of people to enjoy the shoreline;

2. They are floodplains or other areas that should not be more intensively developed;

3. They have potential for ecological restoration;

4. They retain important ecological functions, even though partially developed; or

5. They have the potential for development that incorporates ecological restoration.

C. Development Standards.

1. Height Limitations. No new or expanded building or structure shall exceed a building height of 35 feet, except as follows:

a. The height limits shall not apply to cupolas, water tanks, church spires, flagpoles, transmission lines, and radio and television towers and other similar structures.

2. A shoreline variance from the height limitation imposed by this ordinance can be granted if the following conditions are met:

a. The development will not obstruct the view of a substantial number of residences.

b. The overriding considerations of the public interest will be served.

c. The requested variance does not go beyond the minimum necessary to afford relief.

d. The requested variance may be granted only when all the following facts and conditions are found to exist:

i. The requested deviation from the code standards is necessary for the successful physical function of the proposed use;

ii. Reasonable alternatives which result in reduced or no deviation from the height limitations have been considered;

iii. The granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvements in the adjacent shoreline areas and in the zone in which the subject property is situated; and

iv. The proposed variance from the height limitation is consistent with the city’s comprehensive plan.

e. A shoreline variance from the height limitations imposed by this section shall also comply with the variance criteria listed in chapter 16.28 SMC.

D. Setbacks.

1. New Development. Permanent structures, storage, and hard surfaces shall be set back a minimum of 100 or 200 feet from the floodway edge or ordinary high water mark (whichever is further landward). Refer to Figure 4-1, Sumner shoreline master program, for specific setback widths within the urban conservancy environmental designation. Setbacks are measured landward, on a horizontal plane, perpendicular to the shoreline.

2. Water-Dependent Uses and Public Access. Developments associated with water-dependent uses and public access are not required to meet the 200-foot setback. However, where such development can be approved within the 200-foot setback, the placement of structures, storage, and hard surfaces shall be limited to the minimum necessary for the successful operation of the use. In no case shall parking be allowed within the 200-foot setback.

3. New Residential Development on Properties with Existing Residential Dwellings. Properties with a single-family residential dwelling, lawfully constructed as of the effective date of the shoreline master program, and that contain a primary residential structure that has any portion of the structure located within 200 feet of the ordinary high water mark may reduce the setback to 100 feet; provided, that:

a. No portion of the existing primary residential structure located within the 100-foot setback from the ordinary high water mark shall be expanded;

b. Any development shall be an expansion of the existing structure and that the footprint of the primary residential structure shall not be expanded by more than 100 percent, nor shall any portion of the expanded footprint be closer than 100 feet to the ordinary high water mark;

c. The property owner shall record, prior to receipt of a building permit for expansion, a covenant on the property that shall remain in perpetuity that restricts future use of the property to single-family residential;

d. No additional dwelling units may be added to the lot, except in conformance with the Sumner zoning code.

4. New Commercial or Industrial Use on Properties with Existing Residential Dwellings. If the property is converted to an industrial or commercial use, any development shall meet the required 200-foot setback.

5. Riparian Management Zone. Land within the 200-foot setback is considered the urban conservancy “riparian management zone.” Within this zone, removal of vegetation and topsoil is strictly regulated under the clearing and grading provisions in SMC 16.20.080

6. Required Mitigation. Shoreline areas with an urban conservancy designation with a 100-foot setback are required to provide mitigation for impacts to plant and animals as set forth in SMC 16.16.060(G). Public access shall also be provided pursuant to SMC 16.16.190 and chapter 16.20 SMC. (Ord. 2089 § 3 (part), 2004)

16.14.040 Shoreline residential environment.

A. Purpose. The shoreline residential environment is intended to accommodate residential development and associated structures that are consistent with the Shoreline Management Act and the protection and restoration of ecological functions and properly functioning conditions for threatened and endangered species. An additional purpose is to provide appropriate public access and recreation uses.

B. Designation Criteria. A shoreline residential environment designation is appropriate for those shoreline areas inside urban growth areas, incorporated municipalities, or rural areas of more intense development, if they are predominantly single-family or multifamily residential development or are planned and platted for residential development.

C. Development Standards.

1. Height Limitations. No new or expanded building or structure shall exceed a building height of 35 feet, except as follows:

a. The height limits shall not apply to cupolas, water tanks, church spires, flagpoles, transmission lines, and radio and television towers.

2. A shoreline variance from the height limitations imposed by this ordinance can be granted if the following conditions are met:

a. The development will not obstruct the view of a substantial number of residences.

b. The overriding considerations of the public interest will be served.

c. The requested variance does not go beyond the minimum necessary to afford relief.

d. The requested variance may be granted only when all the following facts and conditions are found to exist:

i. The requested deviation from the code standards is necessary for the successful physical function of the proposed use;

ii. Reasonable alternatives which result in reduced or no deviation from the height limitations have been considered;

iii. The granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvements in the adjacent shoreline areas and in the zone in which the subject property is situated; and

iv. The proposed variance from the height limitation is consistent with the city’s comprehensive plan.

e. A shoreline variance from the height limitations imposed by this section shall also comply with the variance criteria listed in chapter 16.28 SMC.

3. Setbacks. Permanent structures, storage, and hard surfaces shall be set back a minimum of 100 feet from the floodway or ordinary high water mark (whichever is further landward). Setbacks are measured landward, on a horizontal plane, perpendicular to the shoreline.

4. Water-Dependent Uses and Public Access. Developments associated with water-dependent use or public access are not required to meet the 100-foot setback. However, where such development can be approved within the 100-foot setback, the placement of structures, storage, and hard surfaces shall be limited to the minimum necessary for the successful operation of the use. In no case shall parking be allowed within the 100-foot setback.

5. Riparian Management Zone. Land within the 100-foot setback is considered the shoreline residential “riparian management zone.” Within this zone, removal of vegetation and topsoil is strictly regulated under the clearing and grading provisions in SMC 16.20.080. (Ord. 2089 § 3 (part), 2004)

16.14.050 Urban environment.

A. Purpose. The purpose of the urban environment is to accommodate high intensity commercial and residential land uses and provide protection and restoration of ecological functions and properly functioning conditions for threatened and endangered species. The urban environment addresses the need to create attractive urban landscapes along shorelines of the state, particularly when public access is required.

B. Designation Criteria. Areas designated urban should not have biophysical limitations to development, such as floodplains, steep slopes, slide hazard areas, or wetlands and should meet one or more of the following:

1. Shorelines used or designated for high intensity commercial, industrial, or multifamily and small lot residential development.

2. Shorelines of lower intensity use, where surrounding land use is urban and urban services are available.

C. Development Standards.

1. Height Limitations. No new or expanded building or structure shall exceed a building height of 35 feet, except as follows:

a. The height limits shall not apply to cupolas, water tanks, church spires, flagpoles, transmission lines, and radio and television towers.

2. A shoreline variance from the height limitations imposed by this ordinance can be granted if the following conditions are met:

a. The development will not obstruct the view of a substantial number of residences.

b. The overriding considerations of the public interest will be served.

c. The requested variance does not go beyond the minimum necessary to afford relief.

d. The requested variance may be granted only when all the following facts and conditions are found to exist:

i. The requested deviation from the code standards is necessary for the successful physical function of the proposed use;

ii. Reasonable alternatives which result in reduced or no deviation from the height limitations have been considered;

iii. The granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvements in the adjacent shoreline areas and in the zone in which the subject property is situated; and

iv. The proposed variance from the height limitation is consistent with the city’s comprehensive plan.

e. A shoreline variance from the height limitations imposed by this section shall also comply with the variance criteria listed in chapter 16.28 SMC.

3. Setbacks. Permanent structures, storage, and hard surfaces shall be set back a minimum of 50 feet from the floodway edge or ordinary high water mark (whichever is further landward). Setbacks are measured landward, on a horizontal plane, perpendicular to the shoreline.

4. Water-Dependent Uses and Public Access. Developments associated with water-dependent uses and public access are not required to meet the 50-foot setback. However, where such development can be approved within the 50-foot setback, the placement of structures, storage, and hard surfaces shall be limited to the minimum necessary for the successful operation of the use. In no case shall parking be allowed within the 50-foot setback.

5. Riparian Management Zone. Land within the 50-foot setback is considered the “riparian management zone.” Within this zone, removal of vegetation and topsoil is strictly regulated under the clearing and grading provisions in SMC 16.20.080.

6. Environmental Mitigation.

a. Development requiring a substantial development permit, conditional use permit, or variance or environmental review under SEPA shall provide a habitat management and mitigation plan as specified in SMC 16.16.060.

b. Development that is exempt from a substantial development permit, conditional use permit, or variance or environmental review under SEPA shall provide for mitigation in a combination of the following ways:

i. Increased riparian management zone on undeveloped area of the property;

ii. Increased building setbacks;

iii. Protection of existing shoreline vegetation contributing to the ecological functions;

iv. Restoration of shoreline vegetation where it has been removed or degraded;

v. Enhancements of shoreline vegetation through additional plantings;

vi. Reduced project scope;

vii. Limitations on construction hours;

viii. Limitations on hours of operation;

ix. Relocation of access; and

x. Other reasonable mitigation measures as approved by the shoreline administrator.

c. Projects may be denied if the proposal will result in significant impacts to the ecological function of the shoreline or properly functioning conditions for threatened and endangered species. (Ord. 2089 § 3 (part), 2004)

16.14.060 Shoreline environments and specific shoreline developments.

Chapters 6 and 7 of the shoreline master program establish policies and regulations (codified in chapters 16.16 and 16.20 SMC) for a range of selected types of shoreline developments and activities. For each of these developments or activities a determination is made on whether it can be permitted by substantial development permit, conditional use permit, or whether it is prohibited in the different shoreline environments. The reader should turn to chapter 16.16 or 16.20 SMC for the specific details of the shoreline environment regulations. However, the following table summarizes this information.

SHORELINE ENVIRONMENT DESIGNATION
		Urban Conservancy	Shoreline Residential	Urban
Development Standard
Setbacks		100/200 ft.	100 ft.	50 ft.
Height Limitations		35 ft.	35 ft.	35 ft.
Specific Shoreline Development
Agriculture1		P	P	P
Boating Facility2
•	Boat Launch Ramps	CU	CU	CU
•	Docks3	CU	CU	CU
•	Dry Boat Storage	CU	CU	CU
•	Marinas	Prohibited	Prohibited	Prohibited
Clearing and Grading		P	P	P
Commercial Development4
•	Water-dependent	CU	Prohibited	P
•	Water-related	CU	Prohibited	P
•	Water-enjoyment	CU	Prohibited	P
•	Nonwater-oriented	P	Prohibited	P
Dredging5		CU	P	P
Dredge Spoil Disposal6		P/CU	P/CU	P/CU
Industrial Development7
•	Water-dependent	CU	Prohibited	P
•	Water-related	CU	Prohibited	P
•	Nonwater-oriented	P	Prohibited	P
Instream Structures		CU	CU	CU
Landfill8		CU	CU	CU
Mining9		Prohibited/CU	Prohibited/CU	Prohibited/CU
Parking10		P	P	P
Recreation Facilities11		CU	P/CU	P/CU
Residential Development12		CU	P	P
Shoreline Modification13
•	Bulkheads	CU/Prohibited	P/Prohibited	P/Prohibited
•	Dikes and Levees	CU/Prohibited	CU/Prohibited	CU/Prohibited
•	Revetments	CU/Prohibited	P/Prohibited	P/Prohibited
Signs14
Transportation15		CU	P/CU	P/CU
Stormwater Facilities16		CU	CU	CU
Utilities17		CU	P/CU	P/CU
Pesticides/Herbicides18		CU	CU	CU
P =    May be permitted (i.e., allowed) subject to substantial development permit conditions and provisions contained in this master program.
CU =    May be permitted (i.e., allowed) as a conditional use.
Prohibited = Not an allowed use in this environment.

Notes:

(1) See SMC 16.20.020 for agriculture-related development-specific developments and activities that are prohibited within shoreline jurisdiction. A buffer of permanent native vegetation is required between areas used for cultivation or intensive grazing and adjacent water bodies and wetlands. The buffer is measured from the ordinary high water mark or wetland boundary and extends a minimum 25 feet and includes the riverbank as described in SMC 16.20.020.

(2) See SMC 16.20.030 for specific developments and activities that are prohibited within shoreline jurisdiction.

(3) Bulk storage of petroleum products on docks is prohibited. See SMC 16.20.050(H).

(4) Over-water development is prohibited, except as provided for in SMC 16.20.100.

(5) See SMC 16.20.110 for requirements associated with dredging in specific locations.

(6) See SMC 16.20.110 for specific developments and activities that are prohibited within shoreline jurisdiction.

(7) Over-water development is prohibited, except as provided for in SMC 16.20.120.

(8) This activity can only be permitted in association with an approved shoreline development. See SMC 16.20.140.

(9) Waterward of the ordinary high water mark, scalping of river bars may be permitted as a conditional use as provided for in SMC 16.20.150.

(10) This activity can only be permitted in association with an approved shoreline development; parking as a primary use is prohibited. See SMC 16.20.160.

(11) Waterward of the ordinary high water mark, no recreational buildings or structures shall be built, except water-dependent and/or water-enjoyment structures as follows: docks, bridges, and viewing platforms. Such uses may be permitted as a conditional use. See SMC 16.20.170.

(12) Over-water development is prohibited. See SMC 16.20.180. In the urban conservancy environment, residential development may be permitted by conditional use, provided a variance is obtained from the shoreline setback requirements identified in chapter 16.14 SMC.

(13) See sections SMC 16.20.190 through 16.20.220 for specific conditions.

(14) Signs shall comply with the specific shoreline environment requirements set forth in SMC 16.20.230 and shall be permitted only in association with an approved shoreline development

(15) See SMC 16.20.240 for specific conditional use requirements and prohibitions.

(16) See SMC 16.20.260 for specific conditional use requirements and prohibitions.

(17) See SMC 16.20.250 for specific conditional use requirements and prohibitions.

(18) See SMC 16.16.120(F) for specific requirements. (Ord. 2089 § 3 (part), 2004)

16.14.070 Unclassified uses.

Uses that are not classified in this chapter may be authorized as conditional uses, provided the applicant can demonstrate compliance with the criteria listed in SMC 16.30.030 and all other applicable policies and regulations of the shoreline master program. (Ord. 2089 § 3 (part), 2004)