Chapter 16.10


16.10.010    Applicability of RCW and WAC definitions.

16.10.020    Applicant.

16.10.030    Access, public.

16.10.032    Accessory structure.

16.10.035    Accessory use.

16.10.040    Aquaculture.

16.10.050    Associated wetlands.

16.10.070    Backfill.

16.10.080    Berm.

16.10.090    Breakwater.

16.10.100    Bulkhead.

16.10.105    Channel migration zone.

16.10.107    Commercial development.

16.10.110    Critical areas.

16.10.115    Critical freshwater habitat.

16.10.120    Department.

16.10.130    Development.

16.10.140    Director.

16.10.150    Dock.

16.10.160    Dredging.

16.10.170    Ecological functions.

16.10.180    Fill.

16.10.185    Fish and wildlife habitat area of importance.

16.10.190    Float.

16.10.200    Floating home.

16.10.210    Floodplain.

16.10.220    Floodway.

16.10.230    Grading.

16.10.235    Government services.

16.10.240    Groin.

16.10.250    Hatchery.

16.10.260    Height.

16.10.270    Jetty.

16.10.275    Live-aboard.

16.10.280    Marina.

16.10.285    Manufacturing uses.

16.10.290    Nonconforming structure.

16.10.300    Nonconforming use.

16.10.310    No net loss.

16.10.320    Non-water-oriented uses.

16.10.330    Normal protective bulkhead common to single-family residences.

16.10.340    Open space, required.

16.10.350    Ordinary high water mark.

16.10.355    Park/recreation recreational/cultural uses.

16.10.360    Pier.

16.10.370    Port.

16.10.380    Recreational development.

16.10.390    Redesignation.

16.10.395    Residential development.

16.10.400    Restoration.

16.10.410    Riprap.

16.10.420    Sediment.

16.10.430    Shall.

16.10.440    Should.

16.10.445    Shoreline buffer.

16.10.450    Shorelands.

16.10.460    Shoreline environment.

16.10.470    Shoreline Master Program.

16.10.480    Shoreline modifications.

16.10.500    Shoreline stabilization.

16.10.510    Shorelines.

16.10.520    Shorelines of statewide significance.

16.10.530    Shorelines of the State.

16.10.540    Sign.

16.10.550    Significant vegetation removal.

16.10.560    Solid waste.

16.10.570    Substantial development.

16.10.580    Utilities and utility facilities.

16.10.590    Water-dependent use.

16.10.600    Water-related use.

16.10.610    Water-enjoyment use.

16.10.620    Water-oriented use.

16.10.630    Water transmission pipeline.

16.10.640    Wetlands.

16.10.010 Applicability of RCW and WAC definitions.

The definitions contained in this chapter, KMC Title 18 (zoning code), Chapter 90.58 RCW and Chapter 173-26 WAC shall apply within the shoreline jurisdiction. The definitions in Chapter 90.58 RCW and Chapter 173-26 WAC shall apply in shorelines if there is a conflict with the definitions contained in this title and KMC Title 18. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.020 Applicant.

“Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.030 Access, public.

“Public access” means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on waters of the State, and to view the water and the shoreline from adjacent locations. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.032 Accessory structure.

“Accessory structure” means a structure that is incidental to the principal structure. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.035 Accessory use.

“Accessory use” means a use that is incidental to a principal use. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.040 Aquaculture.

“Aquaculture” means the culture or farming of fin fish, shellfish, algae or other plants or animals in fresh or marine waters. Excluded from the definition of aquaculture are related commercial or industrial uses such as wholesale or retail sales, or final processing, packing, or freezing. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.050 Associated wetlands.

“Associated wetlands” means wetlands that are in proximity to tidal waters, lakes, rivers or streams that are subject to the Shoreline Management Act and either influence or are influenced by such waters. Factors used to determine proximity and influence include, but are not limited to: location contiguous to a shoreline water body, formation by tidally influenced geohydraulic processes, presence of a surface connection, including through a culvert or tide gate, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.070 Backfill.

“Backfill” means the placement of earth material behind a retaining wall or structure. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.080 Berm.

“Berm” means one or several linear mounds of sand and gravel at or landward of the ordinary high water mark which are normally stable because of material size or vegetation. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.090 Breakwater.

“Breakwater” means an offshore structure, either floating or not, which may or may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.100 Bulkhead.

“Bulkhead” means a solid or open pile wall of rock, concrete, steel or timber or other materials or a combination of these materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting adjacent wetlands and uplands from waves or currents. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.105 Channel migration zone.

“Channel migration zone” means the area within which a river channel is likely to move over a period of time, and is therefore subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion, and shifts in the location of stream channels. Channel relocation and stream meander areas as defined at KMC 18.55.750 are channel migration zones. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.107 Commercial development.

“Commercial development” includes general services, business services, and retail, defined as follows:

A. General services includes general personal services, funeral home/crematory, cemetery/columbarium/mausoleum, day care facilities, veterinary clinic, automotive repair, automotive services, vessel construction and outfitting, miscellaneous repair, churches/synagogues/temples, social services, stable, kennel/cattery, theatrical production services, artist studios, interim recycling facility, office/outpatient clinic, nursing and personal care facilities, hospital, medical/dental lab, miscellaneous health, and school district support facility.

B. Business services includes construction and trade, individual transportation and taxi, trucking and courier service, self-service storage, dry boat storage, commercial moorage, transportation service, freight or cargo service, passenger transportation service, communication offices, telegraph and other communications facilities, general business service, professional office, outdoor advertising service, miscellaneous equipment rental, automotive rental and leasing, professional sport teams/promoters, research development and testing, and commercial/industrial accessory uses.

C. Retail includes building/hardware/garden materials, forest products sales, department and variety stores, food stores, agricultural product sales, motor vehicle and boat dealers, auto supply stores, gasoline service stations, apparel and accessory stores, furniture and home furnishings stores, eating and drinking places, drug stores, liquor stores, used goods shops, sporting goods and related stores, book/stationery/video/art supply stores, jewelry stores, monuments/tombstones/gravestones, hobby/toy/game shops, photographic and electronic shops, fabric shops, fuel dealers, florist shops, personal medical supply stores, pet shops, bulk retail, auction houses, livestock sales, and food vendors. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.110 Critical areas.

“Critical areas” means any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat areas of importance, frequently flooded areas, geologically hazardous areas, streams, and wetlands, as defined in Chapter 36.70A RCW and this chapter. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.115 Critical freshwater habitat.

“Critical freshwater habitat” shall refer to shorelines meeting the definition of “fish and wildlife habitat of importance” in KMC 18.55.520. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.120 Department.

“Department” means the department of community development. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.130 Development.

“Development” is defined in Chapter 90.58 RCW as now or hereafter amended. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.140 Director.

“Director” means the director of the department of community development or an authorized designee. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.150 Dock.

“Dock” means all platform structures or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water-dependent recreation including, but not limited to, floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.160 Dredging.

“Dredging” means the removal, displacement, and/or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials from the bottom of water bodies, ditches, or wetlands; maintenance dredging and/or support activities are included in this definition. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.170 Ecological functions.

“Ecological functions” or shoreline functions means the work performed or role played by the physical, chemical and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.180 Fill.

“Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure or other material to an area waterward of the ordinary high water mark, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.185 Fish and wildlife habitat area of importance.

“Fish and wildlife habitat area of importance” means those habitat areas that meet any of the following criteria:

A. Documented presence of species listed by the federal government or the State of Washington as endangered or threatened; or

B. Heron rookeries or active nesting trees; or

C. Class 1 wetlands as defined in KMC 18.55.300; or

D. Type 1 streams as defined in KMC 18.55.400; or

E. Bald eagle habitat protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292).

Swamp Creek, the Sammamish River, and Lake Washington are all fish and wildlife habitat areas of importance. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.190 Float.

“Float” means a structure or device which is not a breakwater and which is moored, anchored, or otherwise secured in the waters of the City of Kenmore and which is not connected to the shoreline. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.200 Floating home.

“Floating home” means a houseboat, boat or building constructed on a float, used in whole or in part for human habitation as a dwelling unit, and which is moored, anchored, or otherwise secured in waters within the City of Kenmore. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.210 Floodplain.

“Floodplain” is synonymous with “100-year floodplain” and means the land area that may be inundated by the base flood of a river or stream. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.220 Floodway.

“Floodway” means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which floodwaters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetation ground cover condition. The floodway shall not include lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the State, or the county. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.230 Grading.

“Grading” means the addition, excavation, movement, or redistribution of soil, sand, rock, gravel, sediment or other material on a site in a manner that alters the natural contour of the land. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.235 Government services.

“Government services” means a public agency or utility office, public agency or utility yard, public agency archives, court, police facility, fire facility, caretaker residence/accessory, City government offices, elementary school, middle/junior high school, secondary/high school, specialized instruction school, K-12 educational institutions (public or private), and colleges/universities. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.240 Groin.

“Groin” means a barrier-type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.250 Hatchery.

“Hatchery” means a facility for the rearing and/or holding of fish, the design of which is compatible with the natural environment and contains minimal development necessary for fish propagation. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.260 Height.

“Height” shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle; provided, that the measured elevations do not include berms. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.270 Jetty.

“Jetty” means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.275 Live-aboard.

“Live-aboard” means a licensed vessel that is used as a primary residence. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.280 Marina.

“Marina” means a marine retail sales and service use, in which a system of piers, buoys, or floats is used to provide moorage, primarily for pleasure craft, for sale or rent, usually on a monthly or yearly basis. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.285 Manufacturing uses.

“Manufacturing uses” means production of food and kindred products, winery/brewery, apparel and other textile products, wood products, furniture and fixtures, leather and leather goods, stone/clay/glass/concrete products, computer and office equipment, electronic and other electric equipment, measuring and controlling instruments, printing and publishing, miscellaneous light manufacturing, tire retreading, movie production and distribution, and commercial barge loading and unloading facility. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.290 Nonconforming structure.

“Nonconforming structure” means a structure that was lawfully constructed prior to the effective date of these regulations, but which no longer conforms to the applicable regulations of the master program. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.300 Nonconforming use.

“Nonconforming use” means a use that was lawfully established prior to the effective date of these regulations, but which no longer conforms to the applicable regulations of the master program. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.310 No net loss.

Per WAC 173-26-201(2)(c), the concept of “no net loss” of shoreline ecological functions means that the Kenmore Shoreline Master Program provisions shall, to the greatest extent feasible, protect existing shoreline ecological processes and functions and avoid new adverse impacts to ecological processes and functions. The term “net,” as used herein, recognizes that any development has potential for short-term or long-term impacts and that through application of appropriate development standards, avoidance of impacts and use of mitigation measures, those impacts will not diminish the shoreline resources and values as they currently exist. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.320 Non-water-oriented uses.

“Non-water-oriented uses” means those uses that are not water-dependent, water-related or water-enjoyment. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.330 Normal protective bulkhead common to single-family residences.

“Normal protective bulkhead common to single-family residences” means a bulkhead constructed on a building site zoned to permit one single-family residence and containing one single-family residence. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.340 Open space, required.

“Required open space” means a portion of the area of a building site, which is required by this title, as set forth in different designations contained in this title, to be maintained as open area to be available for use by the persons specified in a development. Open spaces are required to be free and clear of buildings and structures and to remain open and unobstructed from the ground to the sky. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.350 Ordinary high water mark.

“Ordinary high water mark” means the ordinary high water mark as defined in Chapter 90.58 RCW as now or hereafter amended. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.355 Park/recreation recreational/cultural uses.

“Park/recreation recreational/cultural uses” means destination resorts, recreational vehicle park, theater, drive-in theater, bowling center, amusement and recreation services, amusement arcades, amusement park, library, museum, conference center, arboretum, cultural facilities, indoor recreational facilities (including sports clubs), open space, outdoor recreational facilities, parks, trails, wildlife shelter, and outdoor performance center. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.360 Pier.

“Pier” means any platform structure, fill, or anchored device in or floating upon water bodies to provide moorage for watercraft engaged in commerce. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.370 Port.

“Port” means public or private facilities for transfer of cargo or passengers from waterborne craft to land and vice versa; including, but not limited to: piers, commercial float plane moorages, offshore loading or unloading buoys, ferry terminals, and required dredged waterways, moorage basins, and equipment for transferring cargo or passengers between land and water modes. Excluded from this definition and addressed elsewhere are airports, marinas, boat ramps or docks used primarily for recreation, cargo storage and parking areas not essential for port operations, boat building or repair. The latter group is considered industrial or accessory to other uses. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.380 Recreational development.

“Recreational development” means a private or public development operated and devoted to facilities and equipment for recreational purposes, including but not limited to swimming pools, tennis courts, playgrounds, picnic areas, campgrounds, resorts and other similar uses whether the use of such area is limited to those paying a fee or free to the public. Also see definition for “park/recreation recreational/cultural uses.” [Ord. 12-0334 § 3 (Exh. 1).]

16.10.390 Redesignation.

“Redesignation” means a change in the shoreline environment designation by the procedures provided in Chapter 16.75 KMC. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.395 Residential development.

“Residential development” includes single-family and multiple-family dwellings, group residences, temporary lodging, and uses that are accessory to residential development.

A. “Dwelling, single-family” means a detached residence for one family.

B. “Dwelling, multiple-family” means a townhouse, apartment, and mobile home parks.

C. “Group residences” means community residential facilities, dormitory, and senior assisted housing.

D. “Temporary lodging” means hotel/motel, bed and breakfast guesthouse, and organization hotel/lodging houses.

E. “Accessory uses” means residential accessory uses, home occupation, and home industry. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.400 Restoration.

“Restoration” or “ecological restoration” means the reestablishment or upgrading of impaired ecological shoreline processes or functions. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.410 Riprap.

“Riprap” means hard angular quarry rock used for revetments or other bank stabilization projects. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.420 Sediment.

“Sediment” means material settled from suspension in a liquid medium. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.430 Shall.

“Shall” means a mandate; the action must be done. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.440 Should.

“Should” means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of Chapter 90.58 RCW and Chapter 173-26 WAC, against taking the action. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.445 Shoreline buffer.

“Shoreline buffer” means a required vegetation conservation area measured horizontally upland from and perpendicular to the ordinary high water mark, as described in KMC 16.65.020. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.450 Shorelands.

“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams and lakes that are subject to the provisions of Chapter 90.58 RCW. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.460 Shoreline environment.

“Shoreline environment” or “shoreline environment designation” means the categories of shorelines of the State established by the City of Kenmore shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.470 Shoreline Master Program.

A. “Shoreline Master Program” consists of the following two elements:

1. Shoreline management goals and policies contained in the shoreline subelement of the Kenmore comprehensive plan. The shoreline management goals and policies constitute the official policy of Kenmore regarding areas of the City subject to shoreline management jurisdiction under Chapter 90.58 RCW;

2. The shoreline regulations specified in this chapter.

B. The following technical and planning information provides a foundation for shoreline policies and regulations, and is intended to aid in implementing and evaluating the Shoreline Master Program:

1. The shoreline protection and restoration plan;

2. The cumulative impacts analysis, which provides a mechanism for examining the success of meeting the requirement for no net loss of ecological functions;

3. The Shoreline Master Program checklist and public involvement process, which shows how Kenmore meets the procedural requirements for updating the Shoreline Master Program; and

4. The shoreline inventory and characterization, which includes data and analytic methods used to develop Kenmore’s shoreline inventory and shoreline characterization. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.480 Shoreline modifications.

“Shoreline modifications” means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, fill, bulkhead, or other shoreline structure. Shoreline modifications can include other actions, such as clearing, grading, or application of chemicals. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.500 Shoreline stabilization.

“Shoreline stabilization” means actions taken to address erosion impacts to property and dwellings, businesses or structures caused by natural processes, such as current, flood, tides, wind or wave action. These actions include installation or expansion of structures, such as bulkheads, jetties, groins or vegetation, and nonstructural methods, such as relocation of the structure to be protected, or groundwater management. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.510 Shorelines.

“Shorelines” means lakes greater than 20 acres and rivers and streams with a minimum of 20 cubic feet per second mean annual flow, including the entire water body waterward from the ordinary high water mark from its centerline or point, all water below the surface and associated shorelands. Kenmore shorelines are shown on the adopted map entitled Kenmore Shoreline Environment Designations (attached to Ord. 12-0334 as Exhibit 2, and incorporated by reference). If there is a discrepancy between the map and the criteria established in this section, the criteria shall constitute the official Kenmore shoreline jurisdiction. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.520 Shorelines of statewide significance.

“Shorelines of statewide significance” means those shorelines described in RCW 90.58.030(2)(e) which are within the City of Kenmore. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.530 Shorelines of the State.

“Shorelines of the State” means the total of all shorelines and shorelines of statewide significance within the City of Kenmore. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.540 Sign.

“Sign” means any letters, figures, design, symbol, light, structure, billboard, trademark or device intended or used to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, merchandise or thing. Excluded from definition and regulation by this title are official traffic signs or signals, official public notices, signs required by law, warning signs, the flag of a government or noncommercial institution such as schools and temporary signs worn or carried by people. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.550 Significant vegetation removal.

“Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, burning, chemical means, or other activity that causes significant adverse ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.560 Solid waste.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including but not limited to garbage, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and discarded commodities. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.570 Substantial development.

“Substantial development” means any development which requires a shoreline management substantial development permit, as defined in RCW 90.58.030(3)(e) as now or hereafter amended. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.580 Utilities and utility facilities.

“Utilities” means all lines and facilities related to the distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power or refuse. Utility facilities include telephone exchanges, water pumping or treatment stations or distribution systems, electrical substations, water storage reservoirs or tanks, municipal groundwater well-fields, natural gas gate stations and limiting stations, propane/compressed natural gas/liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users, electrical wires and associated structural supports, private and public stormwater management facilities, nonregional stormwater management facility, and vactor waste receiving facility. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.590 Water-dependent use.

“Water-dependent use” or “water-dependent development” means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.600 Water-related use.

“Water-related use” or “water-related development” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent on a waterfront location because:

A. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or

B. The use provides a necessary service supportive of the water-dependent uses, and the proximity of the use to its customers makes its services less expensive and/or more convenient. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.610 Water-enjoyment use.

“Water-enjoyment use” means a recreation use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. The use must be open to the general public. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.620 Water-oriented use.

“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.630 Water transmission pipeline.

“Water transmission pipeline” means a facility having as its primary purpose the transmission of water by a municipal purveyor for sale for domestic, commercial, and industrial use. [Ord. 12-0334 § 3 (Exh. 1).]

16.10.640 Wetlands.

“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. [Ord. 12-0334 § 3 (Exh. 1).]