Chapter 25.20 URBAN ENVIRONMENT

Chapter 25.20
URBAN ENVIRONMENT

Sections:

25.20.010 Purpose.

25.20.020 Designation criteria.

25.20.030 General requirements.

25.20.040 Forest management practices.

25.20.050 Commercial development.

25.20.060 Signs.

25.20.070 Residential development – Multifamily.

25.20.080 Residential development – Single-family.

25.20.090 Residential development – Accessory structures.

25.20.100 Residential development – Piers, moorage, or launching facilities – Conditions.

25.20.110 Residential development – Piers, moorage, or launching facilities – Accessory to multifamily development.

25.20.120 Residential development – Piers, moorage, or launching facilities – Accessory to single-family residence.

25.20.130 Subdivisions.

25.20.140 Utilities.

25.20.150 Shoreline protection.

25.20.160 Excavation, dredging and filling.

25.20.170 Recreation.

25.20.010 Purpose.

The purpose of designating the urban environment is to ensure optimum utilization of the shorelines of the state within urbanized areas by permitting intensive use and by managing development so that it enhances and maintains the shorelines of the state for a multiplicity of urban uses. The urban environment is designed to reflect a policy of increasing utilization and efficiency of urban areas, to promote a more intense level of use through redevelopment of areas now under-utilized and to encourage multiple use of the shorelines of the state if the major use is water dependent or water related while at the same time safeguarding the quality of the environment. (Ord. O99-29 § 1)

25.20.020 Designation criteria.

Designation criteria for the urban environment shall be:

(1) Shorelines of the state used or designated for high intensity commercial, industrial, or recreational use;

(2) Shorelines of the state of lower intensity use, where surrounding land use is urban and urban services are available;

(3) Shorelines of the state used or designated for multifamily residential development;

(4) Shorelines of the state used for port activities;

(5) Shorelines of the state developed for residential purposes and where surrounding land use is urban and urban services are available;

(6) Shorelines of the state to be designated urban environment shall not have biophysical limitations to development such as floodplains, steep slopes, slide hazard areas and/or marshes, bogs, or swamps. (Ord. O99-29 § 1)

25.20.030 General requirements.

(1) Nonwater related development and residential development shall not be permitted waterward of the ordinary high water mark.

(2) Except in those cases when the height requirements of the underlying zones are more restrictive, no structure shall exceed a height of 35 feet above average grade level. This requirement may be modified if the view of a substantial number of residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is agricultural, water related or water dependent.

(3) All development shall be required to comply with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC to control runoff and to provide adequate surface water and erosion and sediment control during the construction period.

(4) Development shall maintain the first 50 feet of property abutting a natural environment as required open space.

(5) Parking facilities except parking facilities associated with detached single-family and agricultural development shall conform to the following minimum conditions:

(a) Parking areas serving a water related or a nonwater related use must be located beneath or upland of the development that the parking area serves.

(b) Any outdoor parking area perimeter, excluding entrances and exits, must be maintained as a planting area with a minimum width of five feet.

(d) One live shrub of one-gallon container size or larger for each 60 linear inches of planting area shall be required.

(e) Additional perimeter and interior landscaping of parking areas may be required, at the discretion of the director, when it is necessary to screen parking areas or when large parking areas are proposed.

(6) Water quality treatment in compliance with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC shall be required where stormwater runoff would degrade or add to the pollution of recipient waters or adjacent properties.

(7) The regulations of this chapter have been categorized in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations.

(8) Development proposed in shorelines of the state shall maintain setbacks, provide easements, or otherwise develop the site to permit a trail to be constructed or public access to continue where:

(a) There is a proposed trail; or

(b) Part of the site is presently being used and has historically been used for public access.

(9) Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below 32.5 feet mean sea level.

(10) The regulations of this chapter are in addition to other adopted ordinances and rules. Where conflicts exist, that which provides more protection to sensitive areas shall apply, except that water dependent uses shall adhere to the applicable regulations and policies of the City’s shoreline master program. (Ord. O99-29 § 1)

25.20.040 Forest management practices.

Forest management practices are not permitted in the urban environment. (Ord. O99-29 § 1)

25.20.050 Commercial development.

Commercial development may be permitted in the urban environment subject to the general requirements (SMC 25.20.030) of this chapter, and provided:

(1) The commercial activity is permitted in the underlying zone classification.

(2) Water dependent commercial development shall not be required to maintain a shoreline setback.

(3) Water related commercial development shall maintain a shoreline setback of either 20 feet from the ordinary high water mark or 10 feet from the edge of the floodway, whichever is greater. This shoreline setback may be reduced either to 10 feet from the ordinary high water mark or to the edge of the floodway, whichever is greater, if the water related development provides limited public access or public access.

(4) Nonwater related commercial 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. This shoreline setback may be reduced either to 20 feet from the ordinary high water mark or to 10 feet from the edge of the floodway, whichever is greater, if the nonwater related development provides limited public access. This shoreline setback may be reduced either to 10 feet from the ordinary high water mark or to the edge of the floodway, whichever is greater, if the nonwater related development provides public access.

(5) Piers, moorages, floats and launching facilities may be permitted accessory to commercial development, provided:

(a) The structure will serve a water dependent or water related use;

(b) The structure does not constitute a hazard to navigation. (Ord. O99-29 § 1)

25.20.060 Signs.

Signs may be permitted in the urban environment subject to the provisions of the underlying zoning, provided:

(1) No sign that is not constructed parallel to and flush against the side of a building shall be permitted that is more than 72 inches in height as measured from the average grade level.

(2) Signs painted upon or constructed parallel to and flush against the side of a building shall not extend beyond the wall or above the roof line against which they are constructed.

(3) Signs shall be stationary, nonblinking, and nonrevolving.

(4) Signs shall have no auxiliary projections or attachments.

(5) Signs shall not be erected nor maintained upon trees, or drawn or painted upon rocks or other natural features.

(6) Artificial lighting of signs shall be directed away from adjacent properties and the water.

(7) Signs waterward of the ordinary high water mark shall be permitted only to the extent necessary for the operation of a permitted overwater development provided no such sign shall be larger than five square feet. (Ord. O99-29 § 1)

25.20.070 Residential development – Multifamily.

Multifamily residential development may be permitted in the urban environment subject to the general requirements of SMC 25.20.030, provided:

(1) Multifamily development is permitted in the underlying zone;

(2) Multifamily residential development shall not be permitted waterward of the ordinary high water mark;

(3) Setbacks. Multifamily residential development shall maintain a minimum setback of 50 feet from the ordinary high water mark, except that:

(a) If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway;

(b) If development is proposed on shorelines, including one or more sensitive areas, as defined in Chapter 21A.15 SMC, such development shall be done in accordance with regulations and procedures set forth in Chapter 21A.50 SMC. (Ord. O99-29 § 1)

25.20.080 Residential development – Single‑family.

Single-family residential development may be permitted in the urban environment subject to the general requirements of SMC 25.20.030, provided:

(1) Single-family development is permitted in the underlying zone classification;

(2) Single-family development, including floating homes, shall not be permitted waterward of the ordinary high water mark;

(3) Setbacks. Single-family residential development shall maintain a minimum setback of 20 feet from the ordinary high water mark, except that:

(a) If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to locate past the upland edge of the floodway;

(4) A farmhouse permitted under the reasonable use exception provisions of Chapter 21A.50 SMC shall be exempt from the setback requirements of this section. (Ord. O99-29 § 1)

25.20.090 Residential development – Accessory structures.

Accessory structures to the residence may be placed within the required shoreline setback, provided:

(1) No accessory structure, except swimming pools, shall cover more than 150 square feet total;

(2) No accessory structure shall obstruct the view of the neighboring properties;

(3) No accessory structure shall exceed eight feet in height. (Ord. O99-29 § 1)

25.20.100 Residential development – Piers, moorage, or launching facilities – Conditions.

Any pier, moorage, float or launching facility authorized by SMC 25.20.070 through 25.20.120 shall be subject to the following conditions:

(1) No structure may be located nor extend further waterward of the ordinary high water mark than one-fourth the total distance from the shoreline associated with the structure to the opposite shoreline. This total distance shall be measured from the point where the authorized structure abuts the ordinary high water mark to the nearest opposite high water mark as measured along a straight line; provided, when the structure does not abut the ordinary high water mark, the distance from one ordinary high water mark to the opposite ordinary high water mark shall be measured along the shortest straight line passing through the center of that structure that commences from the property associated with such a structure.

(2) No covered pier, covered moorage, covered float, or other covered structure is permitted waterward of the ordinary high water mark, except that submerged, freestanding mechanical boat lifts associated with single-family residential piers and recreational watercraft may be covered with a canopy, provided:

(a) No canopy shall be more than 25 feet in length or wider than 15 feet;

(b) No portion of the canopy shall exceed a height of 10 feet above the ordinary high water line (OHWL);

(d) The highest portion of the canopy shall be located below the topographical grade of existing homes on surrounding properties;

(e) Canopies shall be made out of canvas or other such nontoxic materials;

(f) Canopies shall be of a solid color and should be of a shade that is non-obtrusive;

(g) The canopy shall be included in the square footage calculations for piers, as enumerated in SMC 25.20.120(5); and

(h) Only one boat lift canopy per single-family residence shall be allowed.

(3) No pier, moorage, float, or overwater structure or device shall be located closer than 15 feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to by the property owners in a contract recorded with the King County division of records and elections, a copy of which must accompany an application for a building permit or a shoreline permit; such joint use piers may be permitted up to twice the surface area allowed by this title.

(4) All piers, moorages, floats or other such structures shall float at all times on the surface of the water or shall be of open pile construction, provided no portion of the structure shall, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water, except as provided in subsection (2)(b) of this section.

(5) No pier, including finger pier, moorage, float, or overwater structure or device shall be wider than 50 percent of the lot with which it is associated.

(6) No dwelling unit may be constructed on a pier. (Ord. O99-29 § 1)

25.20.110 Residential development – Piers, moorage, or launching facilities – Accessory to multifamily development.

Piers, moorages, floats, and launching facilities may be permitted accessory to multifamily developments, or as common use facilities associated with a subdivision or planned unit development provided:

(1) No more than one pier for each 100 feet of shorelines of the state associated with the multifamily development, subdivision, short subdivision or planned unit development is permitted.

(2) The total number of moorage spaces shall be limited to one moorage space for every two dwelling units in the multifamily development, subdivision or planned unit development provided no more than 20 moorage spaces shall be permitted.

(3) The maximum waterward intrusion of any portion of any pier shall be 80 feet, provided this intrusion may be increased four feet for each additional moorage space over 10 moorage spaces to a maximum of 120 feet.

(4) The minimum width of each pier shall be five feet.

(5) Moorage piles not constructed in conjunction with a pier are limited by the following conditions:

(a) All piles shall be placed so as not to constitute a hazard to navigation.

(b) No pile shall be placed more than 80 feet waterward of the ordinary high water mark.

(6) Launching ramps and lift stations are limited by the following conditions:

(a) No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark.

(b) Launching rails or ramps shall be anchored to the ground through the use of tie-type construction. Asphalt or concrete ramps or other ramps that solidly cover the water body bottom are not permitted.

(c) No more than two common use launching ramps for each 100 feet of shorelines of the state associated with the multifamily development, short subdivision, subdivision, or planned unit development permitted.

(7) Common use floats are limited by the following conditions:

(a) One float per multifamily development, short subdivision, subdivision, or planned unit development is permitted.

(b) No portion of a float shall be placed more than 80 feet waterward of the ordinary high water mark.

(8) Excavated moorage slips shall not be permitted accessory to multifamily development or as common use facilities accessory to subdivisions, short subdivisions, or planned unit developments. (Ord. O99-29 § 1)

25.20.120 Residential development – Piers, moorage, or launching facilities – Accessory to single‑family residence.

Piers, moorages, floats, or launching facilities may be permitted accessory to a single-family residence, provided:

(1) Private, single residence piers for the sole use of the property owner shall not be considered an outright use on City of Sammamish shorelines. A pier may be allowed when the applicant has demonstrated a need for moorage and that the following alternatives have been investigated and are not available or feasible:

(a) Commercial or marina moorage;

(b) Floating moorage buoys;

(2) No more than one pier for each residence is permitted.

(3) On lots with less than 50 feet of waterfront only joint use piers shall be permitted; except when both lots abutting the subject lot have legally established piers, then the lot with less than 50 feet of waterfront may be permitted an individual pier.

(4) The maximum waterward intrusion of any portion of any pier shall be 80 feet, or the point where the water depth is 13 feet below the ordinary high water mark, whichever is reached first.

(5) The total surface area of piers, moorages, floats and/or launching facilities, or any combination thereof, shall not exceed 600 square feet; provided, that no float shall have more than 150 square feet of surface area.

(6) Moorage piles are limited by the following conditions:

(a) All piles shall be placed so as to not constitute a hazard to navigation.

(b) No pile shall be placed more than 80 feet waterward of the ordinary high water mark.

(d) No more than two moorage piles per residence are permitted.

(7) Launching ramps and lift stations are limited by the following conditions:

(a) No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark.

(b) All portions of a launching ramp or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark.

(c) Launching rails shall be anchored to the ground with the use of tie-type construction. Asphalt or concrete ramps or other ramps that solidly cover the water body bottom are not permitted.

(d) No more than one launching rail per single-family residence is permitted.

(8) Floats are limited by the following conditions:

(a) One float per residence is permitted.

(b) No portion of a float shall be placed more than 80 feet waterward of the ordinary high water mark.

(d) No float shall have more than 150 square feet of surface area.

(9) Excavated moorage slips are limited by the following conditions:

(a) One moorage slip per residence is permitted.

(b) No moorage slip shall be excavated more than six feet below the ordinary high water mark.

(c) No moorage slip shall have more than 525 square feet of surface area as measured from the tops of the banks and the ordinary high water mark.

(10) A residence may have either a pier or an excavated moorage slip, but not both. (Ord. O99-29 § 1)

25.20.130 Subdivisions.

(1) Any existing lot that does not comply with the density and dimensions standards of Chapter 21A.25 SMC and located wholly or partially within the shorelines of the state shall be subject to the following provisions:

(a) If the adjoining property is not under the same ownership as such lot, then the lot shall be considered a separate building site.

(b) If the adjoining property is under the same ownership as such lot, then the lot shall not be considered a separate building site until the lot is combined with adjoining property under the same ownership in such a way as to comply with the density and dimensions standards of Chapter 21A.25 SMC.

(2) 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 subdivision or development, except, where specifically authorized by ordinance, such lands may be used in area computations as an incentive to encourage common open space waterfront areas.

(3) All newly created lots wholly or partially within the shoreline shall be of uniform size and dimension, whenever possible. (Ord. O99-29 § 1)

25.20.140 Utilities.

Utility facilities may be permitted in the urban environment subject to the general requirements section (SMC 25.20.030) of this chapter, provided:

(1) Utility and transmission facilities shall:

(a) Avoid disturbance of unique and fragile areas;

(b) Avoid disturbance of wildlife spawning, nesting, and rearing areas;

(2) Utility distribution and transmission facilities shall be designed so as to:

(a) Minimize visual impact;

(b) Harmonize with or enhance the surroundings;

(d) Utilize to the greatest extent possible natural screening.

(3) The construction and maintenance of utility facilities shall be done in such a way so as to:

(a) Maximize the preservation of natural beauty and the conservation of resources;

(b) Minimize scarring of the landscape;

(d) Protect trees, shrubs, grasses, natural features, and topsoil from drainage;

(e) Avoid disruption of critical aquatic and wildlife stages.

(4) Rehabilitation of areas disturbed by the construction and/or maintenance of utility facilities shall:

(a) Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats;

(b) Utilize plantings compatible with the native vegetation.

(5) Solid waste transfer stations shall not be permitted within the shorelines of the state. (Ord. O99-29 § 1)

25.20.150 Shoreline protection.

Shoreline protection may be permitted in the urban environment, provided:

(1) Shoreline protection to replace existing shoreline protection shall be placed along the same alignment as the shoreline protection it is replacing, but may be placed waterward directly abutting the old structure in cases where removal of the old structure would result in construction problems.

(2) On lots where the abutting lots on both sides have legally established bulkheads, a bulkhead may be installed no further waterward than the bulkheads on the abutting lots; provided, that the horizontal distance between existing bulkheads on adjoining lots does not exceed 100 feet. The director may, upon review, permit a bulkhead to connect two directly adjoining bulkheads, for a distance up to 150 feet.

(3) In order for a proposed bulkhead to qualify for the RCW 90.58.030(3)(e)(iii) exemption from the shoreline permit requirements and to insure that such bulkheads will be consistent with this program as required by RCW 90.58.140(1), the department shall review the proposed design as it relates to local physical conditions and the City’s shoreline master program and must find that:

(a) Erosion from waves or currents is imminently threatening a legally established residence or one or more substantial accessory structures; and

(b) The proposed bulkhead is more consistent with the City’s shoreline master program in protecting the site and adjoining shorelines than feasible, nonstructural alternatives such as slope drainage systems, vegetative growth stabilization, gravel berms, and beach nourishment, is not feasible or will not adequately protect a legally established residence or substantial accessory structure; and

(c) The proposed bulkhead is located landward of the ordinary high water mark or it connects to adjacent, legally established bulkheads as in subsection (2) of this section; and

(d) The maximum height of the proposed bulkhead is no more than four feet in height on lakes.

(4) Shoreline protection shall not be considered an outright permitted use and shall be permitted only when it has been demonstrated that shoreline protection is necessary for the protection of existing legally established structures and public improvements.

(5) Shoreline protection shall not have adverse impact on the property of others.

(6) Shoreline protection shall not be used to create new lands.

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

(8) Automobile bodies or other junk or waste material that may release undesirable material shall not be used for shoreline protection.

(9) Shoreline protection shall be designed so as not to constitute a hazard to navigation and to not substantially interfere with visual access to the water.

(10) Shoreline protection shall be designed so as not to create a need for shoreline protection elsewhere.

(11) Bulkheads must be approved by the Washington State Department of Fisheries.

(12) Bulkheads shall be constructed using an approved filter cloth or other suitable means to allow passage of surface and groundwater without internal erosion of fine material. (Ord. O99-29 § 1)

25.20.160 Excavation, dredging and filling.

Excavation, dredging, and filling may be permitted in the urban environment, only as part of an approved overall development plan not as an independent activity provided:

(1) Any fill or excavation regardless of size, shall be subject to the provisions of SMC 16.15.090;

(2) Landfill may be permitted below the ordinary high water mark only when necessary for the operation of a water dependent or water related use, or when necessary to mitigate conditions that endanger public safety;

(3) Landfill or excavations shall be permitted only when technical information demonstrates water circulation, littoral drift, aquatic life and water quality will not be substantially impaired;

(4) Landfill or disposal of dredged material shall be prohibited within the floodway;

(5) Wetlands such as marshes, swamps, and bogs shall not be disturbed or altered through excavation, filling, dredging, or disposal of dredged material unless the manager determines that either:

(a) The wetland does not serve any of the valuable functions of wetlands identified in U.S. Army Corps of Engineers 33 CFR 320.4(b), including but not limited to wildlife habitat and natural drainage functions; or

(b) The proposed development would preserve or enhance the wildlife habitat, natural drainage, and/or other valuable functions of wetlands as discussed in U.S. Army Corps of Engineers 33 CFR 320.4(b) and would be consistent with the purposes of this title;

(6) Excavations on beaches shall include precautions to prevent the migration of fine grain sediments, disturbed by the excavation, onto adjacent beach areas and excavations on beaches shall be backfilled promptly using material of similar composition and similar or more coarse grain size;

(7) No refuse disposal sites, solid waste disposal sites, or sanitary fills of putrescible or nonputrescible material shall be permitted within the shorelines of the state;

(8) Excavation or dredging below the ordinary high water mark shall be permitted only:

(a) When necessary for the operation of a water dependent or water related use; or

(b) When necessary to mitigate conditions that endanger public safety or fisheries resources; or

(c) As part of and necessary to roadside ditch maintenance that is performed consistent with best management practices promulgated through administrative rules pursuant to the sensitive areas provisions of Chapter 21A.50 SMC and if:

(i) The maintenance does not involve any expansion of the ditch beyond its previously excavated size. This limitation shall not restrict the City’s ability to require mitigation, pursuant to Chapter 21A.50 SMC, or other applicable laws;

(ii) The ditch was not constructed or created in violation of law;

(iii) The maintenance is accomplished with the least amount of disturbance to the stream or ditch as possible;

(iv) The maintenance occurs during the summer low flow period and is timed to avoid disturbance to the stream or ditch during periods critical to salmonids; and

(v) The maintenance complies with standards designed to protect salmonids and salmonid habitat, consistent with Chapter 21A.50 SMC; provided, that this paragraph shall not be construed to permit the mining or quarrying of any substance below the ordinary high water mark;

(9) Disposal of dredged material shall be done only in approved deep water disposal sites or approved contained upland disposal sites;

(10) Stockpiling of dredged material in or under water is prohibited;

(11) Maintenance dredging not requiring a shoreline permit(s) shall conform to the requirements of this section;

(12) Dredging shall be timed so that it does not interfere with aquatic life;

(13) The City may impose reasonable conditions on dredging or disposal operations including but not limited to working seasons and provisions of buffer strips, including retention or replacement of existing vegetation, dikes, and settling basins to protect the public safety and shore users’ lawful interests from unnecessary adverse impact;

(14) In order to insure that operations involving dredged material disposal and maintenance dredging are consistent with this program as required by RCW 90.58.140(1), no dredging may commence on shorelines without the responsible person having first obtained either a substantial development permit or a statement of exemption; provided, that no statement of exemption or shoreline permit is required for emergency dredging needed to protect property from imminent damage by the elements;

(15) Operation and maintenance of any existing system of ditches, canals, or drains are exempt from the shoreline permit requirement. (Ord. O99-29 § 1)

25.20.170 Recreation.

Recreational development may be permitted in the urban environment subject to the general requirements (SMC 25.20.030) of this chapter, and provided:

(1) The recreational development is permitted in the underlying zone.

(2) Swimming areas shall be separated from boat launch areas and marinas.

(3) The development of underwater sites for sport diving shall not:

(a) Take place at depths of greater than 80 feet;

(b) Constitute a navigational hazard;

(c) Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site.

(4) The construction of swimming facilities, piers, moorages, floats, and launching facilities below the ordinary high water mark shall be governed by the regulations relating to pier and moorage construction in the commercial development section (SMC 25.20.050) of this chapter.

(5) Public boat launching facilities or marinas may be developed, provided the traffic generated by such a facility can be safely and conveniently handled by the streets serving the proposed facility.

(6) Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination of the shorelines of the state.

(7) All service facilities within and associated with marinas shall have provisions to prevent and control contaminants from entering the water. Provisions shall be available for cleanup of accidental spills of contaminants.

(8) Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies.

(9) Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area.

(10) Water viewing, nature study, recording, and viewing shall be accommodated by space, platforms, benches, or shelter, consistent with public safety and security. (Ord. O99-29 § 1)