Chapter 16.52
SHORELINE USES AND DEVELOPMENTS

Sections:

16.52.010    General.

16.52.020    Residential development.

16.52.030    Recreational development.

16.52.040    Boating facilities.

16.52.050    Parking.

16.52.060    Transportation.

16.52.070    Utilities.

16.52.010 General.

The following general requirements shall apply to all shoreline uses in all SEDs:

A. In addition to the requirement of this chapter, uses and developments shall also comply with the regulations established in Chapter 16.54 BLMC, Shoreline Modifications.

B. All shoreline uses and developments shall comply with the applicable requirements established by Chapter 16.56 BLMC, General Shoreline Regulations.

C. All new shoreline uses and developments shall be designed and located to avoid the need for future shoreline stabilization or flood protection.

D. Uses shall be preferred which are consistent with the control of pollution, prevention of damage to shoreline ecological functions, and are unique to or dependent upon the shorelines. In establishing preferred uses, preference will be given to the following in descending order:

1. Water-dependent uses.

2. Water-related uses.

3. Water-enjoyment uses.

4. Nonwater-oriented use. (Ord. 1491 § 14, 2014).

16.52.020 Residential development.

A. Single-family residences and associated appurtenances are not water-dependent but are a preferred use of the shorelines when such development is planned and carried out in a manner that protects shoreline functions and processes consistent with the no net loss provisions of the shoreline code.

B. Other shoreline uses and modifications which are considered accessory or appurtenances to residential development that are identified as separate shoreline uses or modifications in the SMP (such as piers and docks; bulkheads; utilities; fill; and clearing and grading) are subject to the regulations established in Chapters 16.54 and 16.56 BLMC in addition to any special conditions relating to residential development established in this section.

C. Residential development is prohibited in the park, natural, and aquatic SEDs.

D. Multifamily residential development is prohibited in the shoreline residential SED.

E. Residential development is prohibited over water, including floating homes.

F. Residential development is prohibited within the 100-year floodplain.

G. Residential development shall retain and protect the natural vegetation of the shoreline area, or restore and enhance natural vegetation according to the vegetation conservation standards in BLMC 16.56.060.

H. New residential lots may only be permitted in the shoreline residential and shoreline multifamily SEDs when the following standards are met:

1. The lots created shall not require hard or soft structural shoreline stabilization measures or flood hazard reduction measures in order for reasonable development to occur, as documented in a geotechnical report.

2. The residence shall be built in conformance with all applicable bulk, dimensional, and performance standards established by the shoreline code.

3. Adequate water, sewer, road access, and utilities shall be provided.

4. The intensity of development shall be consistent with the city’s comprehensive plan.

5. The layout, configuration, and development of the lots shall be done in a manner that assures no net loss of ecological functions.

I. Land divisions of five or more waterfront lots and multifamily developments of five or more units shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that provides area sufficient to ensure usable access to and along the shoreline for all residents of the development and the general public as required in BLMC 16.56.120.

J. Land divisions shall establish a prohibition of single-owner piers and docks on the face of the plat. An area for joint use moorage may be approved if it meets all requirements in BLMC 16.54.030. (Ord. 1491 § 14, 2014).

16.52.030 Recreational development.

A. Nonwater-oriented high intensity recreational activities are prohibited in the shoreline residential, shoreline multifamily, natural, and aquatic SEDs.

B. Water-enjoyment and water-related uses are prohibited in the aquatic SED.

C. Recreational uses and development shall protect and/or restore the natural vegetation of the shoreline area in accordance with the vegetation conservation standards in BLMC 16.56.060.

D. All permanent nonwater-oriented recreational structures and facilities shall be located outside the 100-year floodplain.

E. Trail planning, construction, and maintenance shall adhere to the following criteria:

1. Trails and related facilities shall, to the extent feasible, be placed on existing levees, road grades, utility corridors, or any other previously disturbed areas; and

2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; and

3. Viewing platforms, interpretive centers, picnic areas, benches, and access to them shall be designed and located to minimize disturbance; and

4. Trails and related facilities shall minimize the use of impervious surface and provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams.

F. Public over-water structures that are designated for public access may be expanded in size subject to the following:

1. The existing structure is not large enough to support the water-dependent use.

2. All new dock portions shall be grated.

3. The length of the dock is the minimum necessary to accommodate the intended public usage of the dock.

4. Designed and located so as not to constitute a hazard to navigation or other public uses of the water. (Ord. 1491 § 14, 2014).

16.52.040 Boating facilities.

A. Boating facilities, boating ramps, piers, and docks are prohibited in the natural SED.

B. Boat ramps are prohibited in the shoreline residential and shoreline multifamily SEDs.

C. Piers and docks associated with boating ramps shall comply with the design standards established in BLMC 16.54.030(E) and (G).

D. Boat ramp facilities shall comply with the following:

1. The length of the ramp shall be the minimum necessary to safely launch vessels; provided, that in no case shall the ramp extend beyond a point where the water depth is seven feet below the OHWM.

2. The ramp shall be constructed using segmented pads and flexible connections that leave space for natural beach substrate and can adapt to changes in shoreline profile.

3. The ramp shall be located a minimum of 25 feet from existing designated swimming area.

4. Parking areas for boat trailers serving the boat ramp facility may be maintained but shall not be enlarged to provide additional boat trailer parking. (Ord. 1491 § 14, 2014).

16.52.050 Parking.

A. Parking as a primary use shall be prohibited within the shoreline residential, shoreline multifamily, park, natural, and aquatic SEDs.

B. Parking or storage of recreational vehicles or travel trailers as a primary use shall be prohibited in all shoreline environment jurisdictions. (Ord. 1491 § 14, 2014).

16.52.060 Transportation.

A. Transportation facilities are prohibited in the natural SED.

B. All transportation facilities in shoreline areas shall be:

1. Constructed and maintained to cause the least possible adverse impacts on shoreline environment to the extent feasible.

2. Located and designed to prevent or to minimize the need for shoreline protective measures such as riprap or other bank stabilization, fill, bulkheads, or substantial site grading.

3. Related to and necessary to support permitted uses.

C. Transportation facilities shall include provisions for pedestrian and bicycle circulation.

D. All shoreline areas disturbed by construction and maintenance of transportation facilities shall be replanted and stabilized with native, drought-tolerant, self-sustaining vegetation by seeding, mulching, or other effective means immediately upon completion of the construction or maintenance activity. Such vegetation shall be maintained and monitored until established.

E. Vegetation and street trees shall be selected and located so as to not impair existing visual access to the water.

F. Clearing of vegetation within transportation corridors shall be the minimum necessary for infrastructure maintenance and public safety. The city shall give preference to mechanical means rather than the use of herbicides for roadside brush control. (Ord. 1491 § 14, 2014).

16.52.070 Utilities.

A. The following utility uses and developments are prohibited in the shoreline residential, shoreline multifamily, park, natural, and aquatic SEDs:

1. Nonwater-oriented utility production and processing facilities which include:

a. Water system treatment plants;

b. Sewage treatment plants; and

c. Electrical energy generating plants and substations.

2. Radio towers.

3. Solid waste disposal sites and facilities.

B. Personal wireless services facilities are prohibited in the natural and aquatic SEDs.

C. All utility facilities shall be designed and located to minimize harm to shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned shoreline uses.

D. Utility transmission facilities and lines shall comply with the following standards:

1. Placed underground consistent with the standards of the serving utility.

2. Demonstrate the infeasibility of existing routes or alternative locations outside of the shorelines jurisdiction.

3. Cross areas of shoreline jurisdiction by the shortest, most direct route which causes the least harm to the shoreline.

4. Be located and designated so as to avoid or minimize the use of any structural or artificial shoreline stabilization, flood protection works, or filling of aquatic areas. Boring, rather than open trenching, is the preferred method of utility water crossing.

5. Be located in existing rights-of-way and utility easements whenever possible.

E. Utility developments shall be located and designated so as to avoid the use of any structural or artificial shore modification works whenever feasible.

F. Utility facilities requiring withdrawal or discharge to water from streams or lakes shall be designed, operated, and maintained to preserve the shoreline environment and result in no net loss of ecological functions.

G. Utilities that are accessory and incidental to a shoreline use shall be reviewed under the provisions of the use to which they are accessory.

H. Utility development shall, through coordination with local government agencies, provide for compatible, multiple use of sites and rights-of-way.

I. Utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner.

J. Clearing of vegetation for the installation or maintenance of utilities shall be kept to a minimum and upon project completion any disturbed areas shall be restored to their pre-project condition.

K. Personal wireless facilities shall use concealment strategies to minimize the appearance of antennas and other equipment from the water, public pedestrian walkways, and public use areas. (Ord. 1491 § 14, 2014).