Chapter 16.45


16.45.010    General shoreline development requirements.

16.45.020    Accessory uses.

16.45.030    Outdoor storage.

16.45.040    Parking.

16.45.050    Public access.

16.45.060    Historic properties.

16.45.070    Channel migration zone on Swamp Creek.

16.45.010 General shoreline development requirements.

A. Kenmore shall ensure that uses and modifications within the shoreline jurisdiction do not cause a net loss of shoreline ecological functions and processes. Mitigation for impacts resulting in uses and modifications shall follow the mitigation sequencing requirements of KMC 18.55.210 and consider the priorities specified in the shoreline restoration plan.

B. All shoreline uses and developments shall be subject to the following general development standards:

1. The location, design, construction and management of all shoreline developments and uses shall protect the quality and quantity of surface and groundwater on and adjacent to the lot and shall adhere to the guidelines, policies, standards and regulations of applicable water quality management programs and regulatory agencies. Best management practices such as fugitive dust controls and other good housekeeping measures to prevent contamination of land or water shall be required.

2. Solid and liquid wastes and untreated effluents shall not enter any bodies of water or be discharged onto the land.

3. Facilities, equipment and established procedures for the containment, recovery and mitigation of spilled petroleum products shall be provided at recreational marinas, commercial moorage, and vessel repair facilities.

4. The release of oil, chemicals or other hazardous materials onto or into the water shall be prohibited. Equipment for the transportation, storage, handling or application of such materials shall be maintained in a safe and leakproof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected. The use of chemicals to control invasive aquatic weeds shall be limited to herbicides; provided, that the chemicals are applied by a licensed pesticide applicator and approved for aquatic use.

5. All shoreline developments and uses shall manage increases in surface runoff, and control, treat and release surface water runoff so that receiving water quality and shoreline properties and features are not adversely affected. Control measures may include, but are not limited to, permeable surfacing, dikes, catch basins, settling ponds, interceptor drains and planted buffers.

6. All shoreline developments and uses shall control erosion during project construction and operation.

7. All shoreline developments and uses shall be located, designed, constructed and managed to avoid disturbance of or minimize adverse impacts to protect fish and wildlife habitats of importance, including, but not limited to, spawning, nesting, rearing and habitat areas, and migratory routes. Where avoidance of adverse impacts is not practicable, the city manager may require that mitigation measures to protect species and habitat functions be developed in consultation with State resource management agencies and federally recognized tribes.

8. All shoreline developments and uses shall be located, designed, constructed and managed to minimize interference with or adverse impacts to beneficial natural shoreline processes such as water circulation, erosion and accretion.

9. All shoreline developments and uses shall be located, designed, constructed and managed in a manner that minimizes adverse impacts to surrounding land and water uses and is compatible with the affected area.

10. Land clearing, grading, filling and alteration of natural drainage features and landforms shall be limited to the minimum necessary for development. Surfaces cleared of vegetation and not to be developed shall be replanted. Surface drainage systems or substantial earth modifications shall be professionally designed to prevent maintenance problems or adverse impacts on shoreline features.

11. All shoreline development shall be located, constructed and operated so as to protect public health, safety and welfare.

12. All development activities shall be located and designed to minimize or prevent the need for shoreline defense and stabilization measures and flood protection works such as bulkheads, other bank stabilization, landfills, levees, dikes, groins, jetties or substantial site regrades.

13. All debris, overburden and other waste materials from construction shall be disposed of in such a way as to prevent their entry into any water body.

14. Navigation channels shall be kept free of hazardous or obstructing development or uses.

15. Heating and cooling equipment may not be placed in waters of the State.

16. A vegetation management strategy for any allowed uses in shoreline jurisdiction shall be developed that incorporates a site-specific plan for use of integrated pest management techniques, if applicable, identifying anticipated use of fertilizers, herbicides and pesticides. The strategy shall include methods of application that ensure that these materials will not enter the water. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]

16.45.020 Accessory uses.

A. Conditional or prohibited uses may be permitted as accessory uses only if clearly incidental and necessary for the operation of a permitted principal use. For purposes of this section, air transportation service shall not be considered to be accessory to a principal use and shall only be permitted as provided in the applicable shoreline environment.

B. Unless specifically stated otherwise in the regulations for the applicable environment, accessory uses that are non-water-dependent and non-water-related, even if accessory to water-dependent or water-related uses, shall not be permitted over water unless either:

1. The overwater location is necessary for the operation of the water-dependent or water-related use; or

2. The lot has a depth of less than 50 feet of dry land.

C. Piers, floats, pilings, breakwaters, drydocks and similar accessory structures for moorage shall be permitted as accessory to permitted uses subject to the development standards unless specifically prohibited in the applicable shoreline environment.

D. Accessory uses shall be located on the same lot as the principal use; provided, that when the accessory use is also permitted as a principal use in the shoreline environment applicable to an adjacent lot, the accessory use may be located on that adjacent lot.

E. KMC 16.50.090 contains additional standards for residential accessory uses. [Ord. 20-0506 § 3 (Exh. 1).]

16.45.030 Outdoor storage.

Outdoor storage is allowed only in the Downtown Waterfront Environment and is prohibited in all other environments. Such use shall be accessory to a permitted water-dependent use, shall be at least 20 feet from the ordinary high-water mark and shall meet the following standards:

A. Storage shall not be permitted in required setbacks and shall not be located between the building(s) and the primary street.

B. Storage shall be screened from view from the public right-of-way and adjacent residential zones using a minimum six-foot-high solid wood fence, masonry wall, or vegetation approved by the city manager.

C. Storage shall be maintained in a neat, orderly and safe manner and shall not include the exterior accumulation of broken, abandoned or discarded materials, junk, trash, rubbish, or debris.

D. Outdoor storage areas shall be graded and shall meet the requirements of the City’s Stormwater Pollution Prevention Manual. Outdoor storage areas may be surfaced with permeable materials if adequate drainage and erosion and dust control are provided.

E. Lighting shall be directed away from adjacent residential zones and shall be shielded as necessary to reduce impacts. [Ord. 20-0506 § 3 (Exh. 1).]

16.45.040 Parking.

A. Accessory parking facilities in the shoreline jurisdiction are not a preferred use and shall be allowed only as necessary to support an authorized use. Standalone parking is permitted as described in KMC 16.50.030. All parking is prohibited in the Natural Environment unless it supports a water-dependent use and complies with subsections B, C and D of this section.

B. In all shoreline environment designations, parking should be located outside the shoreline jurisdiction; if infeasible to locate outside of the shoreline jurisdiction, such facilities shall be located as far from the shoreline as is feasible unless there are overriding needs for safe ADA (Americans with Disabilities Act) access.

C. Proposed parking facilities shall be planned, located and designed where routes will have the least possible adverse effect on unique or fragile shoreline features and will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water-dependent uses.

D. Lighting from parking areas shall be screened from illuminating fish and wildlife habitat areas and their buffers; provided, that lighting necessary for safe operation of a permitted water-dependent use may be allowed, but should be screened to the extent possible from illuminating fish and wildlife habitat areas and their buffers.

E. Parking shall not be permitted over water unless it is accessory to a water-dependent or water-related use located on a lot with a depth of less than 50 feet of dry land and the city manager determines that adequate on-site or off-site dry land parking within 800 feet is not reasonably available. [Ord. 20-0506 § 3 (Exh. 1).]

16.45.050 Public access.

A. Public access to the shoreline shall be required for publicly funded projects and development on public lands; commercial, light manufacturing and institutional uses (KMC 16.50.075); boating facilities (KMC 16.50.050); multifamily development, including mixed use developments that contain multiple-family dwelling units (KMC 16.50.090(A)(1)); and land divisions of more than four lots.

B. For all development on private property, public access shall be required when such development would either generate or increase demand for public access and/or would impair existing legal access opportunities or rights.

C. The City adopts the following policies and plans as collectively constituting a shoreline public access plan for Kenmore:

1. Comprehensive plan downtown subelement;

2. Comprehensive plan transportation element;

3. Kenmore parks, recreation, and open space plan;

4. Other plans meeting the requirements of WAC 173-26-221(4) and developed through an open public process as provided in WAC 173-26-201(3)(b)(i).

D. Where public access is required, an applicant shall seek to provide physical public access consistent with the shoreline public access plan.

E. Where public access is required, it shall:

1. Connect to other public and private public access and recreation facilities on adjacent parcels along Lake Washington and the Sammamish River shorelines whenever feasible;

2. Be sited to ensure public safety;

3. Be open to the general public and accessible directly from a public right-of-way or by an easement granted to the City for public access;

4. Enhance access and enjoyment of the shoreline and provide features in scale with the development such as, but not limited to:

a. View points;

b. Places to congregate in proportion to the scale of the development;

c. Benches and picnic tables;

d. Beach or water access for boats; and

e. Pathways for pedestrians and bicycles.

F. Where public access is required, the area dedicated and improved for public access shall be roughly proportional to the scale and character of the proposed development and its impacts.

G. Where public access is required, the city manager shall first consider the principles of nexus and rough proportionality, the Act and all relevant constitutional and other legal limits on regulation of private property.

H. Public access improvements shall be designed to be compatible with the purpose and intent of the shoreline environment in which they are constructed.

I. The provisions of this section do not apply to the following:

1. Short plats of four or fewer lots; or

2. Where public access is demonstrated to be infeasible due to reasons of incompatible uses, safety, security, or impact to the shoreline environment. Where physical public access is not feasible, opportunities for visual access or other approaches to enhance public access to the shoreline shall be considered by the applicant. Alternative public access proposals shall be reviewed and approved by the city manager. [Ord. 20-0506 § 3 (Exh. 1).]

16.45.060 Historic properties.

Historic properties, including historic buildings, sites, objects, districts and landscapes, prehistoric and historic archaeological resources, and traditional cultural places, shall be protected within shoreline environments as follows:

A. Known Historic Properties.

1. Known historic properties inventoried by King County and Washington Department of Archaeology and Historic Preservation are subject to the procedures delineated in Chapter 2.20 KMC. Disturbance of known archaeological sites is also subject to State regulations, including Chapters 27.44, 27.53 and 68.80 RCW;

2. If a known archaeological site or traditional cultural place is affected by a development proposal, the city manager shall require a site inspection or evaluation by a professional archaeologist and inform and consult with the Washington State Department of Archaeology and Historic Preservation and any concerned Native American tribes. To the extent feasible, the city manager shall coordinate county and State required permitting and compliance procedures and requirements to avoid substantial duplication of effort by permit applicants; and

3. In considering shoreline permits or shoreline exemptions, the department may attach conditions to provide sufficient time for the city manager to consult with the Washington State Department of Archaeology and Historic Preservation and any concerned Native American tribes, and to ensure that historic properties are properly protected, or for appropriate agencies to contact property owners regarding purchase or other long-term stewardship and protection arrangements. Provision for the protection and preservation of historic properties shall be incorporated in permits and exemptions to the maximum extent practical.

B. Inadvertent Discovery.

1. Consistent with the definitions and requirements contained in Chapters 27.44, 27.53 and 68.80 RCW, whenever potentially significant historic properties or archaeological artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately and the find reported as soon as possible to the city manager and, if an archaeological site or artifacts have been discovered, the Washington State Department of Archaeology and Historic Preservation, any concerned Native American tribes and other appropriate agencies;

2. The city manager shall require that a historic property assessment be conducted immediately by a professional archaeologist, ethnographer or historic preservation professional, as applicable, in consultation with State and tribal officials as appropriate, to determine the significance of the discovery and the extent of damage that may have occurred to the resource. The historic property assessment shall be provided to the city manager and, if an archaeological site, archaeological artifacts or a traditional cultural place has been discovered, the Washington State Department of Archaeology and Historic Preservation, and any concerned Native American tribes to determine the significance of the discovery in accordance with Chapter 27.53 RCW and Chapter 25-48 WAC; and

3. Upon receipt of a positive determination of a property’s significance, or if available information suggests that a negative determination is erroneous, the city manager may require that a historic property management plan be prepared by a qualified professional archaeologist or other appropriate professional if such action is reasonable and necessary to implement related program objectives.

C. Public Access to Historic Properties.

1. If a private or publicly owned historic property is identified, public access shall be encouraged as appropriate for purposes of public education; provided, that:

a. The type or level of public access is consistent with the long-term protection of both historic resource values and shoreline ecological functions; and

b. An access management plan is developed in accordance with development site- and resource-specific conditions to address physical protection of the resource, hours of operation, interpretive or directional signage, lighting, pedestrian access, traffic, and parking, as appropriate, in consultation with the city manager and, if an archaeological site, archaeological artifacts or a traditional cultural place have been discovered, the Washington State Department of Archaeology and Historic Preservation, any concerned Native American tribes, or other agencies, as appropriate; and

2. For archaeological sites and traditional cultural places, approval of proposed access measures by the Washington State Department of Archaeology and Historic Preservation, any concerned Native tribes or other agencies, as appropriate, shall be required prior to provision of public access to a site. [Ord. 20-0506 § 3 (Exh. 1).]

16.45.070 Channel migration zone on Swamp Creek.

A. Unless a site-specific study by a qualified professional concludes otherwise, the channel migration zone shall include:

1. The 500-year floodplain of Swamp Creek within shoreline jurisdiction; and

2. All area within 112.5 feet of Swamp Creek.

B. Within the channel migration zone:

1. There shall be no subdivision of land except for the purpose of creating permanent, nonbuildable open space tracts.

2. Fill shall not be allowed that impairs channel migration within the channel migration zone.

3. No new development is allowed where future stabilization, including bank stabilization as well as structural flood hazard reduction, would be necessary.

4. Existing structures can be protected but must use natural stabilization unless proven by a scientifically and technically valid study that the natural stabilization measures will not work.

5. Existing legal uses in the Swamp Creek floodplain can be repaired and maintained; provided, that such actions do not cause significant ecological impacts, increase flood hazards to other uses, and are consistent with other relevant laws.

6. Before new structural flood hazard reduction measures in shoreline jurisdiction can be approved, it must be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development, that nonstructural measures are not feasible, that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss of ecological function, and that appropriate vegetation conservation actions are undertaken.

C. A project proponent may have a channel migration zone study completed by a qualified professional hydrogeologist to be reviewed by the City. If the study demonstrates that the entirety of the development property is outside of the channel migration zone, then this section will not further apply to the project. [Ord. 20-0506 § 3 (Exh. 1).]