Chapter 20.66
GENERAL SHORELINE REGULATIONS

Sections:

20.66.000    Applicability of chapter.

20.66.010    No net loss of shoreline ecological functions analysis.

20.66.020    Mitigation sequencing.

20.66.030    Federal and state approval.

20.66.040    Public access.

20.66.050    Shoreline vegetation management.

20.66.060    Water quality, surface water runoff, and nonpoint pollution.

20.66.070    In-water construction.

20.66.080    Archaeological and historical resources.

20.66.090    Nonconforming development.

20.66.100    Parking.

20.66.110    Lighting.

20.66.120    Financial securities.

20.66.130    Emergency actions.

20.66.000 Applicability of chapter.

The regulations in this chapter apply to all uses, developments and activities within the shoreline jurisdiction. (Ord. 906 § 3 (Att. A), 2014)

20.66.010 No net loss of shoreline ecological functions analysis.

A. At the project level, the requirement for no net loss of shoreline ecological functions is a balancing of unavoidable shoreline ecological function losses with replacement for those losses so that further reduction to shoreline ecological functions or ecosystem-wide processes may be prevented.

B. To assure no net loss of shoreline ecological functions, applicants must demonstrate a reasonable effort to analyze environmental impacts from a proposal and include measures to mitigate impacts to shoreline ecological functions.

C. A written analysis of no net loss of shoreline ecological functions is required when any of the following circumstances are present:

1. Where a proposed use or activity is not provided in the shoreline master program, including shoreline conditional uses for unclassified uses and shoreline variances;

2. Where regulations reference a requirement for an analysis of no net loss of shoreline ecological functions; or

3. Where alternative compliance or mitigation measures other than those contained within the shoreline master program are proposed;

4. Analysis of no net loss of shoreline ecological functions is not required where specific standards are provided, such as setbacks, pier dimensions and tree planting, unless the standard specifically references this section.

D. A written analysis of no net loss of shoreline ecological functions shall include the following:

1. A description of the existing conditions, functions and values of the affected shoreline;

2. A demonstration that mitigation sequencing has been applied pursuant to MMC 20.66.020, except MMC 20.66.020(A)(1) shall not be used to deny a use or activity specifically authorized by the shoreline master program;

3. Where avoiding the impacts altogether is not feasible, the analysis shall include descriptions of the following:

a. Anticipated impacts to shoreline ecological functions;

b. Goals and objectives related to the functions and values of the impacted shoreline ecological functions for achieving no net loss;

c. Proposed mitigation actions and how these relate to the goals and objectives; and

d. Measurable criteria for evaluating whether or not the no net loss standard has been achieved.

4. Modifications to the required content may be approved if the director determines that more or less information is necessary to adequately address demonstrating a no net loss of shoreline ecological functions.

E. The written analysis of no net loss shall evaluate the feasibility of each mitigation sequence to determine the appropriate mitigation action during the construction and operation of a proposal.

F. Mitigation actions shall have the lower priority measures applied only where higher priority measures are determined to be infeasible or not applicable. Failure to demonstrate that the mitigation sequencing standards have been met may result in a permit being denied. (Ord. 906 § 3 (Att. A), 2014)

20.66.020 Mitigation sequencing.

A. Applicants must demonstrate that all reasonable efforts have been examined with the intent to avoid or, if that is not possible, minimize and then mitigate for impacts to shoreline ecological functions. Where a no net loss of shoreline ecological functions analysis is required pursuant to MMC 20.66.010, an applicant shall follow mitigation sequencing outlined as follows in order of preference with subsection (A)(1) of this section being the highest and (A)(6) being the lowest preference:

1. Avoiding the impact altogether. Avoiding impacts means not taking an action or part of an action in order to prevent impacts to shoreline ecological functions such as moving structures further away from properly functioning shoreline areas, using different landscaping plants or techniques, substituting a less impactful use, or redesigning the proposal altogether;

2. Minimizing the impact by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment;

4. Reducing or eliminating impacts over time by preservation and maintenance operations;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

6. Monitoring the impact and the compensation projects and taking appropriate corrective measures.

B. Application of the mitigation sequencing should not result in required mitigation in excess of that necessary to assure no net loss of shoreline ecological functions and values.

C. Where different mitigation measures are available to compensate for an impact, an applicant may use a benefit-cost analysis to assist them in selecting mitigation measures, provided:

1. Mitigation sequencing in subsection (A) of this section is followed and the no net loss of shoreline ecological functions and values standard is satisfied; and

2. The benefit-cost analysis is not used to undermine the mitigation sequencing of avoidance, minimization or mitigation of ecological impacts anticipated by proposed development. (Ord. 906 § 3 (Att. A), 2014)

20.66.030 Federal and state approval.

A. All work at or waterward of the ordinary high water line requires permits or approvals from one or more of the following state and federal agencies: U.S. Army Corps of Engineers, Washington State Department of Fish and Wildlife, Washington State Department of Natural Resources, or Washington State Department of Ecology.

B. If structures are proposed to extend waterward of the inner harbor line, the applicant must obtain an aquatic use authorization from the Washington State Department of Natural Resources and submit proof of authorization with submittal of a building permit.

C. Documentation verifying necessary state and federal agency approvals must be submitted to the city prior to issuance of construction permits affecting shoreline areas. (Ord. 906 § 3 (Att. A), 2014)

20.66.040 Public access.

A. Public access is required for the following:

1. Shoreline development by public entities involving public lands including, but not limited to, the city, state agencies and public utility districts; and

2. Residential development of five or more new dwelling units being constructed; and

3. Subdivision of land into five or more lots.

B. Public access may be in the form of any of the following:

1. Physical access such as trails, walkways, piers and docks, swimming area and parks; or

2. Visual access such as view platforms or view corridors; or

3. A combination of physical and visual access; or

4. Visual access shall not include the excessive removal of trees or native vegetation by topping or clearing.

C. Public access shall incorporate the following elements:

1. A physical connection to the nearest public street by dedication of land or easement;

2. Use of environmentally friendly materials and techniques such as low impact development BMPs;

3. Signage indicating the public’s right of access and hours of access;

4. Landscaping including vegetative screening for adjacent residential development; and

5. Barrier free features for ADA accessibility, if feasible.

D. All improvements associated with public access shall be designed to assure no net loss of shoreline ecological functions will result.

E. Where public access is required, it shall be fully developed and available for use by the public at the time of occupancy or use of the development.

F. The director may waive the requirement for public access under the following conditions:

1. The applicant demonstrates the public access is infeasible due to reasons of incompatible uses, safety, security, or adverse impacts to the shoreline environment, or due to constitutional or other legal limitations; and

2. The applicant demonstrates reasonable alternatives are not available such as limiting hours, off-site improvements, or placement and design elements. (Ord. 976 § 22, 2019; Ord. 906 § 3 (Att. A), 2014)

20.66.050 Shoreline vegetation management.

A. Applicability.

1. This section is applied in conjunction with other provisions of the Medina Municipal Code and the shoreline master program affecting shoreline vegetation such as plant clearing, tree trimming and removal, earth grading, vegetation restoration, and similar provisions.

2. This section shall serve as the minimum requirements for vegetation management within the shoreline jurisdiction to assure no net loss of shoreline ecological functions as a result of new development activity.

3. Pursuant to MMC 20.60.070, where other regulations impose a requirement different from this section, the regulation that provides the greater protection to shoreline ecological functions and aquatic habitat shall prevail.

4. Shoreline vegetation management standards shall not apply retroactively to existing legally established uses and developments. In the absence of a development proposal, existing, lawfully established landscaping and gardens within shoreline jurisdiction may be maintained in their existing condition including, but not limited to, mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and replacement planting of ornamental vegetation or indigenous native species to maintain the condition and appearance of such areas as they existed prior to adoption of this shoreline master program, provided this does not apply to areas previously established as native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants.

B. Vegetation Management.

1. Vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development that is consistent with other provisions of this shoreline master program.

2. Native vegetation shall be maintained whenever reasonably feasible. The city may impose reasonable conditions on the proposal to maximize native vegetation retention.

3. Development or uses that require vegetation clearing shall be designed, to the extent feasible, to avoid the following in the order indicated with subsection (B)(3)(a) of this section being the most desirable vegetation to retain:

a. Native trees 24 inches DBH and greater;

b. Nonnative trees 24 inches DBH and greater;

c. Native trees less than 24 inches DBH;

d. Other native vegetation.

4. Any land surface areas exposed due to development activity shall be re-vegetated to similar conditions or better.

5. Clearing and/or grubbing of land surface area within a shoreline setback area shall be restored in accordance with the following:

a. A restoration plan shall be prepared by a qualified professional;

b. The restoration plan shall be designed to:

i. Stabilize soil surfaces;

ii. Filter water runoff, especially from lawns;

iii. Assure no net loss of shoreline ecological functions will result;

c. The director may modify the required content of a restoration plan where the director determines more or less information is necessary to adequately address potential shoreline impacts and required restoration;

d. A restoration plan may be combined with other mitigation requirements provided all conditions and criteria are satisfied.

C. Tree Management.

1. All trees (native and nonnative) shall be preserved within a shoreline setback area, except where removal is authorized and replacement requirements are met as set forth in Table 20.66.050(C).

Table 20.66.050(C): Tree Replacement Requirements

Removed Tree Type

Replacement Requirement

One Conifer Tree

Less than 6 inches DBH

Permitted, provided the vegetation management requirements in MMC 20.66.050(B) are followed; and a native similar size or larger tree is planted or native riparian vegetation is planted equal to or larger than the square footage of the drip line of the tree being removed

6 inches DBH and greater, but 12 inches DBH and less

Permitted, provided at least 1 native conifer tree, 6 feet or more in height after planting is planted

Greater than 12 inches DBH, but less than 24 inches DBH

Permitted, provided at least 1 native conifer tree, 6 feet or more in height after planting, is planted; plus plant 80 square feet of area of native riparian vegetation

24 inches DBH and greater

Only hazardous trees are permitted to be removed pursuant to the replacement requirements in MMC 20.66.050(D)

One Deciduous Tree

Less than 6 inches DBH

Permitted, provided the vegetation management requirements in MMC 20.66.050(B) are followed; and a native similar size or larger tree is planted or native riparian vegetation is planted equal to or larger than the square footage of the drip line of the tree being removed

6 inches DBH and greater, but 12 inches DBH and less

Permitted, provided at least 1 native deciduous tree, at least 3 inches in caliper, or 1 native conifer tree, 6 feet or more in height after planting, is planted

Greater than 12 inches DBH, but less than 24 inches DBH

Permitted, provided at least 1 native deciduous tree, at least 3 inches in caliper, or 1 native conifer tree, 6 feet or more in height after planting, is planted; plus plant 80 square feet of area of native riparian vegetation

24 inches DBH and greater

Only hazardous trees are permitted to be removed pursuant to the replacement requirements in MMC 20.66.050(D)

Trees that fall as a result of natural causes, such as fire, flood, earthquake or storm

Replace with 1 native conifer or deciduous tree. Conifer trees shall be at least 6 feet in height after planting and deciduous trees shall be at least 3 inches in caliper at the time of planting.

As an alternative, a fallen tree can be left in place provided conditions are included for the fallen tree to remain in place in perpetuity, including notification measures to future property owners of this restriction

2. Approval of an administrative tree removal permit is required for all trees six inches DBH and greater that are proposed for removal within the shoreline jurisdiction, unless a different tree removal permit is prescribed by the Medina Municipal Code.

3. Where Table 20.66.050(C) requires riparian vegetation plantings, at least 60 percent of the plantings shall be shrubs and the area dimensions shall be a minimum of three feet width in all directions at the time of the planting.

4. Tree removal mitigation shall be planted within the shoreline setback area, except the city shall accept an alternative planting plan allowing for mitigation outside of the setback area if the following conditions are met:

a. The applicant can demonstrate one of the following:

i. It is not feasible to plant all of the required mitigation within the existing setback area, given the existing tree canopy coverage and the location of trees and minimum spacing requirements; or

ii. The planting of replacement trees will obstruct existing views to the lake, at the time of the planting or upon future growth that cannot otherwise be mitigated through tree placement or maintenance activities;

b. The alternative planting plan is prepared by a professional and provides mitigation equal to or superior to the provisions in this section in maintaining shoreline ecological functions and processes;

c. The alternative planting plan shall include mitigation inside of the shoreline setback to the extent feasible, but consistent with subsection (C)(4) of this section, mitigation may be located elsewhere on the property, or at an off-site location; and

d. If an off-site location is selected, the applicant must show the mitigation enhances shoreline ecological functions and process and that the enhancement is superior to on-site mitigation.

5. Nondestructive thinning of lateral branches to enhance views or trimming, shaping, thinning or pruning of a tree necessary to its health and growth is allowed consistent with the following standards:

a. Pruning/trimming shall follow American National Standards Institute (ANSI) standards;

b. Removal of the tree canopy is limited to not more than one-fourth of the original crown, provided removal is consistent with ANSI standards and the removal does not threaten the health and growth of the tree;

c. Pruning/trimming shall not include topping, stripping of branches or creation of an imbalanced canopy, except as allowed per ANSI standards; and

d. Pruning/trimming shall retain healthy branches that overhang the water to the maximum extent feasible.

D. Hazardous Trees. Where a tree within a shoreline setback area poses a significant safety hazard, as determined by the city’s arborist following International Society of Arboriculture methods for assessing the risk of a tree found in “A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas,” the following shall apply:

1. If the hazardous tree is retained, the tree may be pruned to the extent needed to eliminate the hazard, including converting the tree into a wildlife snag. Pruning shall follow ANSI standards and must be approved by the city’s arborist.

2. If the hazardous tree is proposed for removal, mitigation shall be provided as follows:

a. If the removed tree is less than 24 inches DBH, mitigation shall be as prescribed for the size of the tree in Table 20.66.050(C);

b. For each removed tree that is 24 inches DBH or greater, mitigation shall be provided in the form of two planted native trees meeting the following:

i. Each replacement conifer tree shall be at least six feet in height after planting; and/or

ii. Each replacement deciduous tree shall be at least three-inch-caliper at the time of planting.

E. Aquatic Vegetation Removal.

1. Aquatic vegetation control shall only occur when native plant communities and associated habitats are threatened or where an existing water-dependent use is restricted by the presence of invasive aquatic vegetation.

2. The control of aquatic vegetation by hand pulling or placement of aqua-screens, if proposed to maintain existing water depth for navigation, shall be considered normal maintenance and repair pursuant to WAC 173-27-040(2)(b). Additionally, control of aquatic vegetation by mechanical methods may qualify as normal maintenance and repair, provided the bottom sediment or benthos is not disturbed in the process. If the bottom sediment or benthos is disturbed by mechanical methods, it shall not qualify as normal maintenance and repair under WAC 173-27-040(2)(b). (Ord. 906 § 3 (Att. A), 2014)

20.66.060 Water quality, surface water runoff, and nonpoint pollution.

A. All shoreline development during and after construction shall minimize impacts related to surface runoff through control, treatment and release of surface water runoff such that there is no net loss of receiving water quality in the shoreline environment. Control measures include but are not limited to dikes, runoff intercepting ditches, catch basins, settling wet ponds, sedimentation ponds, oil/water separators, filtration systems, grassy swales, planted buffers, and fugitive dust controls.

B. Shoreline development and uses shall adhere to all required setbacks, buffers and standards for stormwater storage basins.

C. All shoreline development shall comply with the applicable requirements of the city’s adopted Surface Water Design Manual and all applicable city stormwater regulations.

D. Shoreline development must implement low impact development BMPs. (Ord. 976 § 23, 2019; Ord. 906 § 3 (Att. A), 2014)

20.66.070 In-water construction.

The following requirements apply to in-water work, including, but not limited to, installation of new structures, repair of existing structures, restoration projects, and aquatic vegetation removal:

A. In-water structures and activities shall be placed and designed to avoid the need for future shoreline stabilization activities and dredging, giving due consideration to watershed functions and processes, with special emphasis on protecting and restoring priority habitat and species;

B. Removal of existing structures shall be accomplished so the structure and associated material do not re-enter the lake;

C. Waste material and unauthorized fill, such as construction debris, silt or excess dirt resulting from in-water structure installation, concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, paper and any other similar material upland of or below the ordinary high water line, shall be removed;

D. Measures shall be taken in advance and during construction to ensure that no petroleum products, hydraulic fluid, cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the lake during in-water activities;

E. Appropriate spill clean-up materials must be on site at all times, and any spills must be contained and cleaned immediately after discovery;

F. In-water work must be conducted in a manner that causes little or no siltation to adjacent areas and shall require a sediment control curtain in those instances where siltation is expected;

G. Fresh concrete or concrete by-products are not allowed to enter the lake at any time during in-water installation and all forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from entering the lake;

H. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to perform the in-water work and all disturbed areas will be protected from erosion using vegetation or other means; and

I. If at any time, as a result of in-water work, water quality problems develop, immediate notification shall be made to the Washington State Department of Ecology. (Ord. 906 § 3 (Att. A), 2014)

20.66.080 Archaeological and historical resources.

The following requirements apply to archaeological and historic resources that are either recorded at the State Historic Preservation Office and/or by local jurisdictions or have been inadvertently uncovered:

A. Archaeological sites located in and outside shoreline jurisdiction are subject to Chapter 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and records) and development or uses that may impact such sites shall comply with Chapter 25-48 WAC as well as the provisions of the shoreline master program;

B. If archaeological resources are uncovered during excavation, all work shall immediately cease and the city, the Washington State Department of Archaeology and Historic Preservation, and affected Native American tribes shall be immediately notified;

C. A site inspection or evaluation by a professional archaeologist in coordination with affected Native American tribes shall be required for all permits issued in areas documented to contain archaeological resources;

D. Significant archaeological and historic resources shall be permanently preserved for scientific study, education and public observation. When the city determines that a site has significant archaeological, natural scientific or historical value:

1. No permit authorizing development or land modification shall be issued which would pose a threat to the site; and

2. The development may be required to be redesigned or postponed in such areas to allow investigation of public acquisition potential and/or retrieval and preservation of significant artifacts;

E. In the event an emergency as defined in RCW 90.58.030 necessitates rapid action to retrieve or preserve artifacts or data identified, the project may be exempted from the permit requirement of these regulations, provided the city notifies the Washington State Department of Ecology, the Washington State Attorney General’s Office and the Washington State Historic Preservation Office of such a waiver in a timely manner;

F. Identified historical or archaeological resources shall be considered in park, open space, public access, and site planning with access to such areas designed and managed to give maximum protection to the resource and surrounding environment; and

G. Clear interpretation of historical and archaeological features and natural areas shall be provided when appropriate. (Ord. 906 § 3 (Att. A), 2014)

20.66.090 Nonconforming development.

A. A nonconforming use or development (includes lots and structures) under the shoreline master program means a shoreline use or development which was lawfully constructed or established prior to the effective date of the Act or the shoreline master program, or amendments thereto, but which does not conform to present regulations or standards of the shoreline master program. This section shall be applied as follows:

1. The requirements and thresholds established in this section shall apply to all development regulated under the shoreline master program.

2. The requirements of this section are applied in combination with other sections of the Medina Municipal Code relating to nonconformity, including, but not limited to those prescribed in zoning, and the building and fire codes.

3. A structure for which a shoreline variance has been issued shall be considered a legal nonconforming development and the requirements of this section shall apply as they apply to preexisting nonconformities.

B. A party asserting the existence of a lawfully established nonconforming lot, structure or use of land has the burden of proof that the lot, structure or use of land was not substandard in meeting the development regulations in effect at its creation.

C. Nonconforming Lots. Lots, tracts, parcels, sites or divisions which were created or segregated pursuant to all applicable laws, ordinances and regulations in effect at the time, but that are nonconforming as to the present lot size, may be developed so long as such development conforms to other requirements of the shoreline master program. Existing lots are not deemed nonconforming for failure to meet the minimum water frontage or lot width requirements.

D. Nonconforming Uses. The following shall apply to all nonconforming shoreline uses:

1. Any legally established nonconforming use may continue until such time that the rights for the nonconforming use are abandoned pursuant to subsection (D)(3) of this section.

2. A nonconforming use may not be expanded nor may the structure containing a nonconforming use be enlarged, except as may be allowed by a shoreline conditional use permit.

3. A nonconforming use shall be determined abandoned and all rights to the nonconforming use lost if:

a. The use is changed; or

b. The use is discontinued for a period of six consecutive months or more; or

c. The use is discontinued for a total of six months or more during a 12-consecutive-month period; or

d. A structure housing a nonconforming use experiences substantial destruction or reconstruction, except as provided for in subsection (D)(4) of this section.

4. A structure housing a nonconforming use, or used in support of a nonconforming use, that experiences substantial destruction or reconstruction may have the nonconforming use continued, provided:

a. The substantial destruction and/or reconstruction is the result of a fire or other casualty not intentionally caused by any owner or tenant of the property, and a complete building permit application is filed with the city within six months of such fire, natural disaster, or casualty event; or

b. The nonconforming use is eligible for, and the property owner obtains, approval for a shoreline conditional use permit.

c. The director may grant up to a six-month extension of the time limitation set forth in subsection (D)(4)(a) of this section, provided:

i. The property owner requests the extension in writing prior to the expiration of the time limitation; and

ii. The property owner demonstrates extenuating circumstances not of the property owner’s own making that delay submission of a building permit application, such as resolution of an insurance claim.

5. Ordinary maintenance and repair of a structure housing a nonconforming use, such as painting or plumbing repair, shall be permitted, provided:

a. The work is to maintain safe and sanitary conditions and does not result in an enlargement or expansion of the structure; and

b. The work does not result in substantial destruction or reconstruction.

6. A nonconforming use shall not be changed to another nonconforming use.

E. Nonconforming Structures. The following shall apply to all nonconforming structures:

1. Any legally established nonconforming structure may continue until such time that the rights for the nonconformity are abandoned pursuant to subsection (E)(4) of this section.

2. Where multiple structures exist on the same lot, the requirements of this section shall apply to each structure independent of the other structure on the same lot; except where the nonconformity is due to structural coverage, the requirements of this section shall apply to the combined structural coverage of all structures on the same lot as if they were one structure.

3. A nonconforming structure may be enlarged, extended, repaired, remodeled, or structurally altered provided the work does not increase the nonconformity; except nonconformity may be increased if:

a. A minor deviation is approved to match an existing nonconforming setback or nonconforming height provided an analysis is completed pursuant to MMC 20.66.010 demonstrating that the addition of new structure will not result in a net loss of shoreline ecological functions; or

b. An intrusion into a setback, or additional structural coverage exceeding the shoreline maximum, is determined by the city to be reasonably necessary and the minimum necessary to improve access for elderly or disabled persons.

4. Except as provided for in subsection (E)(6) of this section, a nonconforming structure shall be determined to have its nonconformity abandoned and all nonconforming rights lost where:

a. Any single-family dwelling, or any detached accessory building associated with a single-family dwelling, experiences substantial destruction; or

b. A pier or dock experiences repairs exceeding those listed in MMC 20.65.060, or, if not listed, experiences reconstruction; or

c. A structure, not listed in subsection (E)(4)(a) or (b) of this section, experiences either substantial destruction or reconstruction.

5. Where the rights to a nonconforming structure have been abandoned, continuation of the nonconformity shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the entire structure to be brought into compliance with all development regulations in effect.

6. A nonconforming structure that experiences substantial destruction or reconstruction may maintain the condition of nonconformity; provided, that:

a. The substantial destruction and/or reconstruction is the result of a fire, natural disaster or other casualty not intentionally caused by any owner or tenant of the property, and a complete building permit application is filed with the city within six months of such fire or casualty event; or

b. The nonconforming structure, or portion thereof, was declared to be unsafe by the city’s building official, and the property owner submits an application for a building permit to reconstruct within six months of said determination;

c. The director may grant up to a six-month extension to the time limitation set forth in this section, provided:

i. The property owner requests the extension in writing prior to the expiration of the time limitation; and

ii. The property owner demonstrates extenuating circumstances not of the property owner’s making that delay submission of a building permit application, such as resolution of an insurance claim.

F. In addition to the provision set forth in subsection (E)(6) of this section, an existing single-family dwelling, accessory patio and/or accessory deck not complying with a shoreline setback may experience substantial destruction or reconstruction while preserving the right to the existing nonconforming shoreline setback, provided:

1. The replacement dwelling, patio or deck is reconstructed within the footprint of the existing structure;

2. Any expansion of the footprint, including any addition to the dwelling, or adding a cover to an uncovered patio or deck, shall conform to the shoreline setback prescribed in MMC 20.63.050;

3. A complete application for a building permit to construct a new dwelling, deck or patio is submitted within six months following substantial destruction or reconstruction of the structure; and

4. A patio not requiring a building permit is replaced immediately following reconstruction.

G. A nonconforming structure that is enlarged, expanded, extended, repaired, remodeled, or structurally altered shall comply with the following:

1. All applicable development regulations including, but not limited to, zoning and building;

2. The work shall not add any new structure size or area to those parts of the existing structure that are the cause of the nonconformity as shown in Figure 20.66.090, unless otherwise allowed by law;

3. Upper level additions to a structure, where the total structural coverage on the lot the structure is located exceeds the maximum structural coverage allowed on the lot, are permitted, provided:

a. The total footprint of the upper level including modifications does not exceed the maximum structural coverage prescribed for the lot; and

b. The maximum height of the structure shall be limited as follows:

i. If the structure is located in the R-20, R-30 or SR-30 zone, the maximum height of the structure shall be the lower of 25 feet above original grade or 28 feet above finished grade as measured pursuant to MMC 20.23.060(C); or

ii. If the structure is located in a zone other than those set forth in subsection (G)(3)(b)(i) of this section, the maximum height shall be pursuant to the height standards prescribed by the zone where the structure is located.

Figure 20.66.090: Making Up the Nonconformity

H. Unlawful Uses and Structures.

1. Uses and structures that did not comply with applicable development regulations in effect at the time of its establishment are determined illegal and subject to enforcement as prescribed by law.

2. Nothing in this section shall be interpreted as granting any right to continue occupancy of property containing an illegal use or structure.

3. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and/or structure. (Ord. 906 § 3 (Att. A), 2014)

20.66.100 Parking.

A. Parking facilities are permitted pursuant to the use table set forth in MMC 20.62.040. Parking shall be incidental and a secondary use and located as a principal use of a lot.

B. Parking facilities shall provide adequate provisions to control surface water runoff to prevent contaminating water bodies.

C. Parking facilities shall not be located waterward of the building housing the principal use, except where it can be demonstrated to the director that an alternative design would have less adverse impact on the shoreline.

D. Exterior parking facilities shall be designed and landscaped to minimize all adverse impacts upon the shoreline. (Ord. 906 § 3 (Att. A), 2014)

20.66.110 Lighting.

A. Exterior lighting shall be controlled using limits on height, light levels of fixtures, light shields, and other mechanisms that:

1. Prevent light pollution or other adverse effects that could infringe upon public enjoyment of the shoreline;

2. Protect residential uses from adverse impacts that can be associated with light trespass from adjoining properties; and

3. Prevent adverse effects on fish and wildlife species and their habitats.

B. Exterior lighting shall be directed downward and away from adjoining residential properties and Lake Washington. Shielding may be required to conceal the light source.

C. Exterior lighting mounted on piers, docks or other water-dependent uses located at the shoreline edge shall be at ground or dock level and be designed to prevent lighting from spilling onto the lake water.

D. The following shall be exempt from the lighting requirements in this section:

1. Emergency lighting required for public safety;

2. Lighting for public rights-of-way;

3. Outdoor lighting for temporary or periodic events (e.g., community events at public parks);

4. Seasonal decoration lighting; and

5. Lighting required by a state or federal agency for navigation purposes. (Ord. 906 § 3 (Att. A), 2014)

20.66.120 Financial securities.

Where a financial security is required, an applicant may choose to provide a bond, line of credit, cash deposit, or other form of financial guarantee that is acceptable to the city. The terms of the financial security shall include the following:

A. An amount of funds equal to 100 percent that is sufficient to fully guarantee that all required enhancements, mitigation and/or other improvements are completed in a manner that complies with the conditions of approval and with satisfactory workmanship and materials;

B. An amount of funds equal to 100 percent that guarantees maintenance and/or monitoring requirements are followed and the expense of correcting any failures;

C. An amount equal to 100 percent to cover estimated expenses to administer the security should it become necessary to apply the financial security towards completing the enhancements, mitigation and/or other improvements;

D. Conditions under which the financial security is providing a guarantee;

E. A holding time frame before the financial security may be released; and

F. Terms to release the security, once all of the terms of the financial security have been satisfactory completed. (Ord. 906 § 3 (Att. A), 2014)

20.66.130 Emergency actions.

A. Emergency actions are those that pose an unanticipated and imminent threat to public health, safety, or the environment and that require immediate action or within a time too short to allow full compliance with the provisions of the shoreline master program.

B. Emergency actions shall comply with the following conditions:

1. Limited to using reasonable methods necessary to address the emergency;

2. Have the least possible impacts on shoreline ecological functions and processes; and

3. Comply with the requirements of the Medina shoreline master program, to the extent feasible.

C. Notification Requirements.

1. The party undertaking the emergency action shall notify the city immediately of the existence of the emergency and the proposed emergency action, or when this is not practice, within two business days following commencement of the emergency action.

2. The party undertaking the emergency action shall provide the city within seven days following completion of the emergency action, a written description of the work undertaken, a site plan, a description of the pre-emergency conditions, and other information requested by the city to determine the action was permitted within the scope of an emergency action.

D. Decision.

1. The director shall evaluate the emergency action for consistency with WAC 173-27-040(2)(d) and determine whether the action taken, or any part of the action taken, was within the scope of an emergency action.

2. If the director determines that the action does not qualify as an emergency action, the party may be required to obtain a permit and/or require remediation. This shall not preempt the city from determining a particular action to be a violation subject to enforcement under Chapter 1.15 MMC.

3. Whether the situation qualified as an emergency action or not, the city may require that the property owner and/or the party that undertook the emergency action provide mitigation for impacts to shoreline ecological functions. (Ord. 906 § 3 (Att. A), 2014)