Pursuant to RCW 36.70A.480, the general shoreline use policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
Pursuant to RCW 36.70A.480, the general shoreline modification policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the agriculture policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
The applicability of shoreline review for agricultural activities shall be determined based on WAC 173-26-020 (Definitions) and WAC 173-26-241(3)(a) (Agriculture). Existing agricultural activities (see KCC § 17B.07.020), including maintenance, repair and replacement of existing equipment and facilities (e.g., machinery, roads, buildings, etc. see KCC § 17B.07.030(3)(b)), may continue as they historically have and may include changes in crops. New agricultural activities on land not currently in agricultural use are subject to shoreline review. New agricultural activities, equipment, and facilities are subject to shoreline review or exemption when applicable. The following provisions apply to any development, construction, or use of land for agricultural purposes.
2.
New agricultural activities on lands that did not have agricultural activities in place on the date of adoption of this Master Program; conversion of agricultural lands to non-agricultural activities; the development of non-agricultural activities on agricultural lands; and uses in support of agricultural activities are governed by the provisions of this Master Program and subject to the following criteria:
3.
New agricultural activities, equipment, and facilities shall utilize best management practices established by the USDA Natural Resources Conservation Service or other similar agency.
4.
Discharge of any manure storage facility into ground or surface water is prohibited.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the aquaculture policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
All structures located within water bodies shall not preclude navigability of those waters at any time, and shall be clearly marked so as to provide no hazard to navigation on those waters.
2.
Aquaculture facilities shall avoid significant conflict with water-dependent uses, the spreading of disease, introduction of non-native species, or impacts to shoreline aesthetic qualities.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the boating facilities, marinas, piers, and docks policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
For purposes of this chapter, "boating facilities" excludes docks serving four (4) or fewer single-family residences.
2.
Private docks shall be prohibited on all rivers except the Columbia River.
3.
Boating facilities, marinas and extended mooring sites shall:
a.
Be located and designed as not to obstruct or cause danger to normal public navigation of water bodies;
b.
Be restricted to suitable locations and should avoid locating in critical habitat including spawning and holding areas for anadromous fish;
c.
Avoid or mitigate aesthetic impacts;
d.
Mitigate special impacts of live-aboard vessels, such as water and wastewater needs, and garbage collection;
e.
Limit the total number of slips dedicated to live-aboard vessels to twenty percent (20%) of marina’s total slips;
f.
Mitigate impacts to existing public access and navigation;
g.
Provide documentation of ownership or authorization to use associated water areas;
h.
Demonstrate that state and local regulations will be met. Agencies responsible for such regulations shall be consulted as to the viability of the proposed design; and
i.
Submit an operations and site plan demonstrating:
i.
Location and design of fuel handling and storage facilities to minimize accidental spillage and protect water quality;
ii.
Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities;
iii.
Adequate facilities to properly handle wastes from holding tanks;
iv.
Suitable environmental conditions and shoreline configuration;
v.
Adequate access located away from the immediate water's edge;
vi.
Adequate parking and restroom facilities located landward of the shoreline buffers shown in KCC § 17B.05.050(B)(1).
4.
Boat launch ramps shall comply with KCC 1§ 7B.06.050(B)(3)(a)(b)(c)(f)(g) and (h) shall meet the following:
a.
Minimize the area disturbed by boat launch construction.
b.
Submit an operations and site plan demonstrating:
i.
Vegetation management, mowing and trimming;
ii.
Litter pick-up and disposal;
iii.
Appropriate directional and regulatory signs;
iv.
Adequate access located away from the immediate water's edge;
v.
Adequate parking and restroom facilities located landward of the shoreline buffers shown in KCC § 17B.05.050(B)(1).
5.
Piers, ramps, and docks permitted on lakes and the Columbia River shall meet the following dimensional standards:
a.
To prevent damage to shallow water habitat, piers and/or ramps shall extend at least forty (40) feet perpendicular from the OHWM. Docks shall be positioned at least forty (40) feet horizontally from the OHWM.
b.
Float components for single party docks shall not exceed the dimensions of eight-by-twenty (8-by-20)-feet or an aggregate total of one hundred sixty (160) square feet for all float components. Float components for joint-use docks shall not exceed the dimensions of eight-by-forty (8-by-40)-feet or an aggregate total of three hundred twenty (320) square feet for all float components.
c.
Piers and ramps shall be no more than four (4) feet in width for single or joint-use docks. Greater widths may be permitted for community, public, or commercial docks where use patterns can justify the increase.
d.
The bottom of the pier or bottom of the landward edge of the ramp shall be elevated at least two (2) feet above the plane of OHWM.
e.
Floats shall not be located in shallow water habitat where they could ground or impede the passage or rearing of any life stage of salmonid. Floats shall be in at least ten (10) feet of water.
f.
Grating shall cover the entire surface area of the pier, ramp, and/or float. The open area of grating shall be at least fifty percent (50%) as rated by the manufacturer.
g.
Pier and ramp construction shall meet or exceed the standards and/or requirements of the Washington State Departments of Ecology, Fish and Wildlife, and Natural Resources and the United States Army Corps of Engineers.
h.
Flotation materials shall be permanently encapsulated to prevent breakup into small pieces and dispersal in water, (e.g., rectangular float tubs).
6.
New pier or dock construction, excluding docks accessory to single-family residences must demonstrate that a specific need exists to support the intended water-dependent or public access use, for example, a market analysis showing demand for additional pier or dock facilities.
7.
New residential development of two (2) or more dwellings must provide joint-use or community dock facilities, rather than allow individual docks for each residence, unless documentation is provided demonstrating joint use is not feasible.
8.
All piers and docks shall be designed and constructed to avoid or, if that is not possible, to minimize and mitigate the impacts to ecological functions and critical areas. Structures shall be made of materials that have been approved by the Washington State Department of Fish and Wildlife.
9.
Extended moorage on waters of the state is prohibited, except as allowed by applicable state regulations and unless a lease or permission is obtained from the state and impacts to navigation and public access are mitigated.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the commercial development policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Water-dependent commercial uses shall be given preference over-water-related and water-enjoyment commercial uses. Prior to approval of water-dependent uses, the Administrator shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water-dependent use.
2.
Non-water-oriented commercial uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objective of the Act such as providing public access and ecological restoration, and the commercial use is:
3.
Commercial development shall not result in a net loss of ecological functions that have significant adverse impacts to other shoreline uses, resources and values, such as navigation, recreation, and public access.
4.
Public access and ecological restoration should be considered as potential mitigation of impacts to shoreline resources and values for all water-related or water-dependent development unless such improvements are demonstrated to be infeasible or inappropriate.
5.
Only those portions of water-dependent commercial uses that require over-water facilities shall be permitted to locate waterward of the OHWM, provided they are located on pilings or other open-work structures, and they are limited to the minimum size necessary to support the structures intended use.
6.
Non-water-dependent commercial uses shall not be allowed over-water except in limited instances where they are appurtenant and necessary to support water-dependent uses.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the dredging and dredge material disposal policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Dredging and dredge material disposal shall be done in a manner that avoids or minimizes significant ecological impacts. Impacts that cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions.
2.
New uses and developments should be sited and designed to avoid or, where avoidance is not possible, to minimize the need for new and/or maintenance dredging.
3.
Dredging for the purpose of establishing, expanding, relocating, or reconfiguring navigation channels and basins shall be allowed where necessary for assuring safe and efficient accommodation of navigational uses and then only when significant ecological impacts are minimized and mitigated.
4.
Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized locations, depths and widths.
5.
All applications for substantial development permits that include dredging shall supply a dredging plan that includes the following information:
6.
A dredging operation judged by the Administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a substantial development permit.
7.
Dredging in surface waters shall be allowed only where necessary because of existing navigation needs, habitat restoration or improvement, maintenance or construction of water-dependent uses.
8.
Minor trenching to allow the installation of necessary underground pipes or cables may be allowed if no alternative, including boring, is feasible, and:
a.
Impacts to fish and wildlife habitat are avoided to the maximum extent possible;
b.
The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration;
c.
Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation; and
d.
Mitigation is implemented, as appropriate, pursuant to KCC § 17B.05.020 Environmental protections and critical areas.
9.
Dredging for the purpose of obtaining fill material is prohibited, except when permitted under KCC § 17B.06.120 Mining; or when needed for a project associated with the Model Toxics Control Act (MTCA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) habitat restoration, or any other significant restoration effort approved by a shoreline conditional use permit, where placement of fill is waterward of the OHWM.
10.
Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.
11.
Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.
12.
Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.
13.
Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage.
14.
Dredging and excavation shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
15.
Dredge spoils are also considered fill, and shall not be deposited within the shoreline except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions.
16.
Disposal of dredge material within a river’s channel migration zone shall require a conditional use permit.
17.
Dredge material disposal on land away from the shoreline is permitted under the following conditions:
a.
Shoreline ecological functions and processes will be preserved, including protection of surface and groundwater;
b.
Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property; and
c.
Sites will be adequately screened from view of local residents or passersby on public rights-of-way.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the filling, grading, and excavation policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Filling, grading or excavation waterward of the OHWM for any use except ecological restoration shall require a conditional use permit.
2.
Fill waterward of the OHWM shall be allowed with a shoreline conditional use permit only when necessary to support:
a.
Water-dependent use;
b.
Public access;
c.
Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan;
d.
Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Washington State Department of Natural Resources;
e.
Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible; or
f.
Mitigation action, environmental restoration, or enhancement project.
3.
Fill for the purpose of increasing elevation may be permitted if such can be accomplished in a manner consistent with the policies of this title.
4.
Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods.
5.
Fill in floodplains shall meet the requirements of KCC § 17.05.020 Environmental protection and critical areas and KCC § 17B.05.030 Flood hazard reduction.
6.
Pile or pier supports shall be preferred over fill for water-dependent uses and facilities.
7.
Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality.
8.
Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
9.
Fill shall be stabilized with native vegetation where appropriate to prevent erosion, migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless technical consultation with other regulating agencies indicates alternative means are required.
10.
Projects that propose fill shall make every effort to acquire fill on-site (also known as compensatory storage) where appropriate.
11.
Excavation that occurs either waterward of the OHWM or within wetlands shall be considered dredging for purposes of this Program.
12.
Filling, grading or excavation shall not be located where shoreline stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and re-vegetated, as applicable.
13.
Filling, grading, and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate use including lawful access and enjoyment of scenery.
14.
Cut and fill slopes shall generally be no steeper than one (1) foot vertical for every three (3) feet horizontal unless a specific engineering analysis has been provided certifying that the proposed slope is stable, and the Administrator determines that the fill blends physically and visually with existing topography.
15.
A temporary erosion and sediment control (TESC) plan, consistent with the standards found in the Stormwater Manual for Eastern Washington, shall be provided for all proposed filling, grading, and excavation activities.
16.
Excavation and grading for the primary purpose of restoration of shoreline habitat and the natural character of the shoreline must demonstrate the following:
a.
The site is currently degraded and provides limited ecological function; and
b.
The restoration project will result in a net increase in ecological function within the project boundaries; and
c.
The project complies with the provisions of KCC § 17B.05.020 Environmental protection and critical areas.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the forest practices policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
All federal forest practices or non-federal forest practices meeting the criteria below shall qualify for an exemption from this Program. All forest practices qualifying for this exemption shall demonstrate compliance by providing a copy of the federal approval or state forest practices permit. To qualify for an exemption a non-federal forest practice must meet the following criteria:
a.
The activities include harvest/treatment of at least five (5) acres of forestland, or supporting such an operation;
b.
All harvesting within two hundred (200) feet of the OHWM of a shoreline of statewide significance use methods meeting RCW 90.58.150 (selective harvest), as amended;
c.
The activities are not associated with a conversion option harvest;
d.
The activities are approved under a forest practices permit;
e.
The activities are not associated with a harvest under a Class IV–General application to convert forest land to non-forestry use.
2.
Non-federal forest practices not meeting criteria (a), (b), or (c) above shall require a conditional use permit.
3.
Non-federal forest practices not meeting criteria (d) above (Class 1 forest practices activities not requiring DNR approval) shall be reviewed as separate uses or activities.
4.
Non-federal forest practices not meeting criteria (e) above shall be reviewed as a new proposed use.
5.
Within the shoreline jurisdiction, development activities associated with timber harvest (such as road construction), land conversion of forest land to non-forest uses, and forest practices not meeting any of the exemptions listed above must conform to all applicable provisions of this Program.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the industrial and port development policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Industrial uses are allowed subject to the policies and regulations of this Program and the specific criteria below:
a.
Water-dependent industrial uses shall be given preference over non-water dependent industrial uses and, second, preference shall be given to water-related industrial uses over non-water-oriented industrial uses. Prior to approval of water-dependent uses, the Administrator shall review a proposal for design, layout, and operation of the proposed use and shall make specific findings that the use qualifies as water-dependent.
b.
Non-water-oriented industrial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water-oriented use is precluded. All other non-water-oriented industrial and port uses are prohibited in the shoreline unless the use provides significant public benefit and is either part of a mixed-use project that includes water-dependent uses; or located on a site where navigability is severely limited.
c.
Industrial development shall be located, designed, and constructed in a manner that assures no net loss of shoreline ecological functions and such that it does not have significant adverse impacts to other shoreline resources and values.
2.
Required setback areas shall not be used for storage of industrial equipment, materials, or waste disposal, but may be used for outdoor recreation and public access. Portions of side yard setbacks may be used for light motor vehicle parking if design of such facilities is consistent with this Program.
3.
Disposal or storage of solid or other industrial wastes is not permitted on shorelines.
4.
When feasible, mitigation to ensure no net loss of shoreline ecological functions should be implemented in a manner consistent with restoration opportunities identified in the "Kittitas County Shoreline Restoration Plan."
5.
Only those portions of water-dependent industrial uses that require over-water facilities shall be permitted to locate waterward of the OHWM, provided they are located on pilings or other open-work structures, and they are limited to the minimum size necessary to support the structures intended use.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the in-stream structures policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Channelization projects that damage fish and wildlife resources, degrade recreation and aesthetic resources, or result in high flood stages and velocities shall not be permitted when feasible alternatives are available.
2.
Cut-and-fill slopes and backfilled areas shall be stabilized with brush matting and buffer strips and re-vegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes.
3.
In-stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The jurisdictions may require reasonable conditions to achieve this objective, such as setbacks, buffers, or storage basins.
4.
Natural in-stream features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are causing significant bank erosion or higher flood stages, or pose an unavoidable hazard to navigation.
5.
In-stream structures shall allow for natural groundwater movement and surface runoff.
6.
A professionally engineered design is required for any proposed in-stream structure.
7.
The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the state of Washington. The professional design shall include a maintenance schedule.
8.
For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the Washington State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for one hundred fifty percent (150%) of the cost of the structure shall be filed with the Administrator prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.
9.
No in-stream structure shall commence without having obtained all applicable federal, state, and local permits and approvals, including but not limited to a hydraulic project approval (HPA) from the Washington State Department of Fish and Wildlife.
10.
Shoreline modification projects shall be designed and constructed to avoid or minimize impacts to sediment transport.
(Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the mining policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Mining below the OHWM of a river shall be permitted only when:
a.
Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole; and
b.
The mining and any associated permitted activities will not have significant adverse impacts to habitat for priority species nor cause a net loss of ecological functions of the shoreline.
c.
Determination of whether the two provisions above have been met shall be made consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation of impacts should be appropriately integrated with relevant environmental review requirements of SEPA (RCW Chapter 43.21C) and the SEPA rules (WAC Chapter 197-11).
d.
In considering renewal, extensions or reauthorization of gravel bar and other in-channel mining operations in locations where they have previously been conducted, local government shall require compliance with this subsection (1) to the extent that no such review has previously been conducted. Where there has been prior review, local government shall review previous determinations comparable to the requirements of this Section to assure compliance with this subsection(1) under current site conditions.
e.
The provisions of this Section do not apply to dredging of authorized navigation channels when conducted in accordance with WAC 173-26-231(3)(f).
2.
Mining within any channel migration zone that is within the shoreline jurisdiction shall require a shoreline conditional use permit.
3.
Mining shall not be permitted in designated fish and wildlife habitat areas except as a part of an approved flood control program or in conjunction with a habitat restoration or enhancement plan, provided that such activities are demonstrated to be water dependent. A determination of water dependency shall be based on an evaluation of geologic factors such as the distribution and availability of mineral resources for that jurisdiction, and a need for such mineral resources, economic, transportation, and land use factors. This demonstration may rely on analysis or studies prepared for purposes of comprehensive plan designations, and may be integrated with any relevant environmental review conducted under SEPA (RCW Chapter 43.21 C), or otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a) .
4.
Application for permits for mining operations shall be accompanied by operation plans, reclamation plans, and analysis of environmental impacts in compliance with local ordinances and sufficient to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes during the course of mining and after reclamation. Creation, restoration, or enhancement of habitat for priority species and the future productivity of the site may be considered in determining no net loss of ecological functions.
5.
The designation of mineral resource lands of long-term commercial significance and the development of mineral resource activities must demonstrate that mining is dependent on a shoreline location, and that demand cannot reasonably be accommodated in operations outside shoreline jurisdiction. Information required to meet this criteria shall evaluate geologic factors such as the distribution and availability of mineral resources and the need for such mineral resources.
6.
Renewal, extension, or reauthorization of in-stream and gravel bar mining activities requires review for compliance with WAC 173-26-241(3)(h)(ii)(D)(IV).
7.
A reclamation plan that complies with the format and detailed minimum standards of RCW 78.44 shall be included with any shoreline permit application for mining. In reviewing reclamation plans together with permit applications, the Administrator shall determine whether or not the plan is also consistent with this Program and other local regulations. An inconsistent reclamation plan shall constitute sufficient grounds for denial of a shoreline permit, provided, the applicant/proponent shall be given reasonable opportunity to revise the plan.
8.
Subsequent use of reclaimed sites shall be consistent with the provisions of this Program.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the recreation policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Recreational development is a priority use of the shoreline. Preference shall be given to water-dependent uses such as fishing, swimming, and boating. Water-related and water-enjoyment uses such as picnicking, hiking, and walking are permitted provided they do not displace water-dependent uses and are consistent with the specific shoreline environment. Non-water-related recreation facilities and/or support facilities such as parking lots shall be located in upland areas.
2.
Linkage of shoreline parks and public access points by means of linear access should be encouraged.
3.
Commercial and public recreation areas or facilities on the shoreline shall provide physical or visual public access consistent with KCC § 17B.05.040, Public access.
4.
Commercial recreational facilities shall be consistent with the provisions of KCC § 17B.06.060 Commercial development.
5.
Recreational uses and facilities shall be designed and located to ensure no net loss of critical areas and shoreline ecological functions.
6.
Recreation facilities shall be designed to take maximum advantage of and enhance the natural character of the shoreline area. The use of native plant species is preferred over the use of plant types that need extensive maintenance and support (mowing, pruning, irrigation, etc.).
7.
Recreational facilities shall incorporate means to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and sediment from entering water bodies.
8.
State-owned shorelines of the state are priority locations for wilderness beaches, ecological study areas and other recreational activities for the general public.
9.
The location, design, and operation of recreational facilities shall be consistent with the purpose of the environmental designation.
10.
Within the natural environment, passive water-oriented recreational development, such as primitive trails or primitive campsites, is permitted provided, topography and native vegetation are not substantially altered. Any necessary landscaping or site restoration shall use native or similar self-maintaining vegetation. No permanent structures are allowed in the natural environment.
11.
Recreational activities in the urban conservancy and rural conservancy environment must be compatible with existing or proposed uses in the area and must not create a noise, traffic, visual, or similar problem.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the residential development policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
New residential development, including lot creation, will not be approved in cases when it can be reasonably foreseeable that the use or development would require structural flood hazard reduction measures within the floodway during the life of the use or development.
2.
New residential development shall assure that the proposal will not require shoreline or slope stabilization measures. Where located in a designated geologically hazardous area, a geotechnical analysis of the site and shoreline characteristics shall demonstrate that shoreline stabilization is unlikely to be necessary; setbacks from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian shoreline and erosion areas, shall be sufficient to protect structures during the life of the structure; and impacts to adjacent, downslope or down-current properties are not likely to occur during the life of the lots created.
3.
New over-water residential structures, including floating homes, are prohibited.
4.
New residential development shall be designed to comply with applicable setbacks, critical area buffers, lot frontage requirements, height limits and density standards.
5.
Residential development shall make provisions for vegetation conservation in conformance with 17B.05.050 Shoreline buffer and vegetation conservation.
6.
Shoreline access for residential development shall incorporate access to adjacent publicly owned shorelines or public water bodies as provided for in KCC § 17B.05.040, Public access.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
Shoreline erosion – including erosion caused by currents, flood, wind or wave action – is a natural phenomenon associated with properly functioning shoreline environments. However, erosion can put existing structures and uses at risk. In some cases, shoreline stabilization is necessary to protect existing uses and development from naturally occurring erosion. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. These actions include nonstructural and structural methods.
Nonstructural methods include building setbacks, relocation of the structure to be protected, groundwater management, planning and regulatory measures to avoid the need for structural stabilization.
Structural stabilization measures include:
Vegetation enhancement; |
Anchor trees; |
Gravel placement; |
Rock revetments; |
Gabions; |
Concrete groins; |
Retaining walls and bluff walls; and |
Bulkheads. |
Structural stabilization measures can be "hard" or "soft." "Hard" structural stabilization refers to those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures rely on less rigid materials, such as biotechnical vegetation measures.
Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. Additionally, hard structures, especially vertical walls, often create conditions that lead to failure of the structure. Failed bulkheads and walls adversely impact beach aesthetics, may be a safety or navigational hazard, and may adversely impact shoreline ecological functions.
A.
Policies. Pursuant to RCW 36.70A.480, the shoreline stabilization policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
New uses and developments shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible.
2.
Subdivision of land should not create lots that will require shoreline stabilization in order for reasonable use or development to occur.
3.
New uses and developments on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis.
4.
New uses and developments that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas shall not be allowed.
5.
New structural stabilization measures shall only be allowed for the following instances, and then only when necessity is demonstrated based on criteria included in this Section:
a.
When necessary to protect an existing primary structure;
b.
In support of new non-water-dependent development, including single-family residence;
c.
In support of new water-dependent development; and
d.
To protect projects for the restoration of ecological functions or hazardous substance remediation projects.
6.
New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, are permitted only if there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by stream processes or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis shall evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.
7.
New structural stabilization for new non-water-dependent development, including single-family residences, is permitted only if it can be demonstrated that:
a.
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
b.
Nonstructural measures, such as placing the proposed use or development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and
c.
The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report that states damage was caused by natural processes, such as stream processes or waves.
8.
New structural stabilization for water-dependent development is permitted only if it can be demonstrated that:
a.
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
b.
Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and
c.
The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.
9.
New structural stabilization to protect projects for the restoration of ecological functions or hazardous substance remediation projects is permitted only if it can be demonstrated that nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
10.
An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect primary uses or structures or public facilities from erosion caused by stream undercutting or wave action.
11.
Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the OHWM, provided a geotechnical analysis documents that alternative solutions are not feasible or do not provide sufficient protection.
12.
Replacement walls or bulkheads shall not encroach waterward of the OHWM or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure.
13.
All new, expanded, or replacement shoreline stabilization shall be permitted only if it can be demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, that the measure does not interfere with fluvial hydrological and geo-morphological processes normally acting in natural conditions, and that the proposed measures will not result in a net loss of shoreline ecological functions.
14.
For purposes of this Section, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.
15.
Geotechnical reports that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. Hard armoring solutions should not be authorized except when a geotechnical report confirms that there is a significant possibility that the primary structure will be damaged within three (3) years as a result of shoreline erosion in the absence of hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three (3) years, the report may still be used to justify more immediate authorization to protect against erosion using soft measures.
16.
When structural shoreline stabilization measures are demonstrated to be necessary, the following provisions shall apply:
a.
The size of stabilization measures shall be limited to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions;
b.
Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses; and
c.
Publicly financed or subsidized shoreline erosion control measures should not restrict appropriate public access to the shoreline except where such access is not feasible because of incompatible uses, safety, security, or harm to ecological functions. See KCC § 17B.05.040 Public access. Where feasible, incorporate ecological restoration and public access improvements into the project.
17.
Breakwaters, jetties, groins, and weirs shall:
a.
Be located waterward of the OHWM and shall be allowed only where necessary to support water-dependent uses, public access, shoreline stabilization, or other specific public purposes; and
b.
Require a conditional use permit; except for those structures installed to protect or restore ecological functions.
18.
Shoreline stabilization projects shall be designed to protect critical areas and shall avoid and reduce significant ecological impacts by providing for mitigation according to the sequence in KCC § 17B.05.020(B)(2).
19.
Public access shall be required as part of publically financed shoreline erosion control measures.
20.
Shoreline stabilization projects shall be designed and constructed to avoid or minimize impacts to sediment transport.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the shoreline restoration and habitat enhancement policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations. In addition to the regulations below, shoreline restoration and habitat enhancement is regulated though KCC § 17B.05.020 Environmental protection and critical areas, KCC § 17B.05.050 Shoreline buffers and vegetation conservation, and KCC § 17B.05.060 Water quality, stormwater, and nonpoint pollution.
1.
Restoration shall be carried out in accordance with a County or resource agency-approved restoration plan and in accordance with the policies and regulations of this Program.
2.
All shoreline restoration and enhancement projects shall protect the integrity of adjacent natural resources, including aquatic habitats and water quality, and shall not result in significant adverse changes to ecological functions, processes or properties.
3.
Restoration projects shall be monitored and maintained to ensure they achieve their intended restoration goals. The project proponent shall assess and document each restoration project according to the requirements prescribed by the applicable authorizing or funding agency. The project proponent shall be responsible for implementing corrective actions as needed to ensure the project’s ecological benefits are sustainable over time.
4.
The Administrator shall track and document shoreline restoration efforts and their expected and actual contribution to shoreline ecological functions on a regular and ongoing basis as part of demonstrating whether no net loss is being achieved.
5.
The Administrator, at his/her discretion, may waive or reduce review fees for shoreline enhancement projects that meet either of the following criteria, provided a reciprocal fee agreement has been approved by the Board of County Commissioners:
a.
Sponsored projects: Restoration and enhancement projects sponsored by Kittitas County, Washington State Department of Fish and Wildlife, Kittitas County Conservation District, Natural Resources Conservation Service, United States Fish and Wildlife Service, Washington State Department of Natural Resources, Yakama Nation, Yakima Basin Fish & Wildlife Recovery Board, Yakima Tributary Access & Habitat Program, or other public agency approved by the Administrator which are consistent with the County comprehensive plan or other plans adopted by the Kittitas County Board of Commissioners.
b.
Vegetation planting/removal: Planting of native vegetation or removal of non-native species for the enhancement of a shoreline buffer or designated critical area; provided that such activities are limited to the area being enhanced.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the signs policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the transportation policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Roads and railroads shall not be located within a designated shoreline except where it is necessary to cross a stream corridor, or where an existing use, development, topography, and other conditions preclude locations outside the shoreline.
a.
Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.
b.
Roadways that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor.
c.
Roadways within the stream corridor shall not hydrologically obstruct, cut-off, or isolate stream corridor features.
2.
Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the shoreline.
3.
Necessary fill to elevate new roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood prone.
4.
Spoil, construction waste, and other debris shall not be used as road fill or buried within the shoreline.
5.
Bridges and water crossing structures shall not constrict the stream channel or impede the flow of the ordinary high water, sediment, and woody debris.
6.
Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings, unless the use of culverts is demonstrated to be the only technically feasible means for crossing. The use of bridges shall be the preferred means to preserve natural streams and drainage ways. Where bridges are not feasible, large, natural bottom culverts, multi-plate pipes and bottomless arches shall be used.
7.
The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways, unless doing so conflicts with KCC § 17B.06.180(B)(1) and (2) above, and shall be sized to accommodate the OHWM, sediment, debris and ice.
8.
Culverts for stream crossings, if needed, shall be designed according to applicable state and federal criteria for fish passage as required by law and regulation.
9.
At least one end of a wood stringer bridge shall be anchored to prevent it from being washed away during high water.
10.
Roads must be designed and constructed using established flood resistant and design and construction methods when they may be subject to damage by floodwaters.
11.
Parking is not a preferred shoreline use and shall be allowed only as an accessory use to an authorized primary use when no other feasible alternative exists.
12.
Authorized parking areas shall be designed and constructed to minimize the visual impact of parking facilities from the shoreline and to prevent environmental impacts to the shoreline.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the utilities policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, and the like. The provisions in this Section apply to primary uses and activities, such as solid waste handling and disposal, sewage treatment plants, pipelines and outfalls, public high-tension utility lines on public property or easements, power generating or transfer facilities, and gas distribution lines and storage facilities that are water-dependent. The provisions in this Section do not apply to utility facilities accessory to an existing use or accessory to a new use or development undergoing review by this title.
2.
Non-water dependent utilities should be placed outside of shoreline jurisdiction unless no other feasible option exists.
3.
All utility facilities shall be designed and located to assure no net loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses while meeting the needs of future populations in areas planned to accommodate growth. The Administrator may require the relocation or redesign of proposed utility development in order to ensure no net loss of ecological function.
4.
Utility production and processing facilities, such as power plants and sewage or stormwater treatment facilities, or parts of those facilities that are non-water-oriented shall not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available. In such cases, significant ecological impacts shall be avoided.
5.
Transmission facilities for the conveyance of services, such as power lines, cables, and pipelines, shall be located outside of the shoreline area where feasible and when necessarily located within the shoreline area shall assure no net loss of shoreline ecological functions. Utilities should be located in existing rights-of-way and corridors whenever feasible.
6.
Development of pipelines and cables on shorelines, particularly those running roughly parallel to the shoreline, and development of facilities that may require periodic maintenance or that cause significant ecological impacts shall not be allowed unless no other feasible option exists. When permitted, those facilities shall include adequate provisions to protect against significant ecological impacts.
7.
Restoration of ecological functions shall be a condition of new and expanded non-water-dependent utility facilities. The Administrator or designee will consult the provisions of this title and determine the applicability and extent of ecological restoration required. The extent of ecological restoration shall be that which is reasonable given the specific circumstances of utility development.
8.
New solid waste disposal sites and facilities are prohibited. Existing solid waste disposal and transfer facilities in shoreline jurisdiction shall not be added to or substantially reconstructed.
9.
New electricity, communications and fuel lines shall be located underground, except where the presence of bedrock or other obstructions make such placement infeasible or if it is demonstrated that above-ground lines would have a lesser impact. Existing aboveground lines shall be moved underground during normal replacement processes.
10.
Transmission and distribution facilities shall cross areas of shoreline jurisdiction by a route that has the least ecological impact to the shoreline.
11.
Utility developments shall be located and designated so as to avoid or minimize the use of any structural or artificial shoreline stabilization or flood protection works.
12.
Utility production and processing facilities shall be located outside shoreline jurisdiction unless no other feasible option exists. Where major facilities must be placed in a shoreline area, the location and design shall be chosen so as not to destroy or obstruct scenic views and shall meet no-net-loss standards.
13.
All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, unless no other feasible alternative exists. In those limited instances when permitted by conditional use, automatic shut-off valves shall be provided on both sides of the water body.
14.
Filling in shoreline jurisdiction for development of utility facility or line purposes is prohibited. Permitted crossings shall utilize pier or open pile techniques.
15.
Power-generating facilities shall require a conditional use permit.
16.
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.
17.
Telecommunication towers, such as radio and cell phone towers, are specifically prohibited in shoreline jurisdiction.
18.
Utilities that need water crossings shall be placed deep enough to avoid the need for bank stabilization and stream/riverbed filling both during construction and in the future due to flooding and bank erosion that may occur over time. Boring, rather than open trenching, is the preferred method of utility water crossing.
19.
Water systems for irrigation or domestic supply are permitted uses if allowable under Washington State water laws and regulations.
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)
A.
Policies. Pursuant to RCW 36.70A.480, the shoreline bulk and dimensional standards policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
B.
Regulations.
1.
The Table at KCC § 17B.06.200-1 establishes the minimum dimensional requirements for shoreline use development. Dimensional standards are measured on the horizontal plane, as applicable. Dimensional standards relating to critical areas are governed by the provisions of KCC § 17B.05.020 Environmental protection and critical areas.
2.
Bulk and dimensional standards shall be coordinated with KCC Title 17, Zoning and other Kittitas County development standards to protect the natural character of the shoreline and ensure no net loss of shoreline ecological functions and processes consistent with the purpose of the environment designation. In the event the provisions of this Program conflict with provisions of federal, state or Kittitas County regulations, the provision that is more protective of shoreline resources shall prevail, when consistent with SMA policy.
3.
No new structures within the shoreline shall exceed a height of thirty-five (35) feet above average grade level, except as provided herein.
4.
Proposals for new or expanded commercial, multi-family or mixed use structures exceeding the thirty-five (35) foot building height limitation shall only be allowed with a Shoreline Variance where the Administrator finds the following standards are met:
a.
The proposed building shall not obstruct the view of the water for a substantial number of residential buildings located with a view of the adjoining shoreline.
b.
The applicant shall provide a view analysis identifying the properties and structures located within the view corridor for that shoreline demonstrating the level of obstruction represented by the proposed structure for each affected property.
c.
The view corridor shall include residential buildings located outside of the shoreline area if it can be clearly demonstrated that the property has significant water views.
d.
To ensure that the analysis is cumulative in nature, it shall include vacant existing parcels of record as well as existing structures. Vacant parcels of record shall be assumed to be developed with structures complying with the thirty-five (35) foot height limitation.
e.
The proposed structure shall not obstruct more than thirty percent (30%) of the view of the shoreline enjoyed by the structures within the view corridor.
f.
The structure shall be located and oriented on the subject property in a manner that diminishes the potential view impact.
g.
No side yard setbacks shall be reduced to accommodate the proposed structure. Side yard setbacks may be increased where necessary to mitigate potential view obstruction resulting from the proposed structure.
h.
Extraordinary circumstances are demonstrated and the public interest will be served by the proposed use or development.
5.
Where permitted above ground, power poles and transmission towers are not subject to height limits but shall not be higher than necessary to address public safety and meet federal and state standards.
6.
The following types of development are not subject to side yard setbacks, provided that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline functions and processes, and provided further that they comply with all applicable regulations in KCC § 17B.05.020 Environmental protection and critical areas and KCC § 17B.05.050 Shoreline buffers and vegetation conservation:
a.
Those portions of approved water-dependent development that require a location waterward of the OHWM of rivers and lakes, associated wetlands and/or within their associated buffers.
b.
Underground utilities.
c.
Modifications to existing development that are necessary to comply with environmental requirements of any agency, when otherwise consistent with this Program, provided that the Administrator determines that the facility cannot meet the dimensional standard and accomplish the purpose for which it is intended and the facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible, and the modification is in conformance with the provisions of KCC § 17B.07.020(3) Prior development and KCC § 17B.07.020(4) Non-conformance.
d.
Roads, railways and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development.
e.
Stairs and walkways not greater than five (5) feet in width or eighteen (18) inches in height above grade, except for railings.
f.
An essential public facility or public utility where the Administrator determines that no feasible alternative location will accommodate the use.
g.
Shared moorages shall not be subject to side yard setbacks when located on or adjacent to a property line shared in common by the project proponents.
7.
Common line shoreline buffer: To ensure new single-family dwellings have similar, though not necessarily equivalent, shoreline views as existing development, a common line shoreline buffer – determined by averaging the buffers for each of the adjacent residential dwelling units on the shoreline – may be utilized for the development of a single-family dwelling where:
a.
The lot was a legal lot of record in place on the date of adoption of this Program;
b.
The lot is located adjacent to existing residential dwelling units on both adjacent shoreline lots;
c.
The lot is located within an urban growth area, planned unit development, Limited Area of More Intense Rural Development (LAMIRD), rural recreation zoning district, or cluster development;
d.
There is less than fifteen (15) feet of elevation difference between the vacant lot and adjacent lots and less than two hundred fifty (250) cubic yards of grade or fill is required to accommodate use of the common line shoreline buffer; and
e.
A management and mitigation plan prepared by a qualified professional shall be submitted and approved which demonstrates no net loss of ecological functions for the site in conformance with KCC § 17B.05.020 Environmental protection and critical areas and KCC 17B.05.050 Shoreline buffers and vegetation conservation.
8.
Shoreline buffers shall comply with § 17B.05.020 Environmental protection and critical areas and KCC § 17B.05.050 Shoreline buffers and vegetation conservation.
9.
Standards which apply to impervious surface area and water quality review are found in KCC § 17B.05.060, Water quality, stormwater and nonpoint pollution.
10.
Density for subdivisions, short plats, and multi-family and duplex development shall be calculated based on the total area of the parent parcel including those areas located outside of shoreline jurisdiction. Submerged lands within the boundaries of any waterfront parcel that are located waterward of the OHWM shall not be used in density calculations. The density of that portion of the parent parcel located outside of the shoreline jurisdiction shall be limited to the density permitted by the underlying zoning district.
11.
Lot frontage: Lot frontage standards are provided in the Table at KCC § 17B.06.200-1. Lot frontage standards of underlying zoning districts and/or development standards of each jurisdiction may be more restrictive. The most restrictive lot frontage standard shall apply. Lot frontage refers to the minimum lot frontage for any division or exempt parcel transfer, or parcel boundary modification permitted by a local jurisdiction on the shoreline. Lot frontage shall be measured at right angles along a horizontal distance, between the side lot lines, at the most landward point of the OHWM. Lot frontage requirements are measured in feet.
12.
Reduced setbacks: the building setbacks listed in the Table at KCC § 17B.06.200-1 may be reduced by twenty-five (25) percent where the applicant demonstrates that:
a.
Compliance with the standard setback significantly interferes with development potential due to the unique size, shape or natural features of the lot;
b.
The design of the project is compatible with other authorized and planned uses within the area; and
c.
The project will not cause adverse impacts to the shoreline environment.
17B.06.200-1 Shoreline Bulk and Dimensional Standards Table | |||||
|---|---|---|---|---|---|
Shoreline Bulk and Dimensional Standards(1) | |||||
Urban Conservancy | Shoreline Residential | Rural Conservancy | Natural | Aquatic | |
Shoreline Buffer(2) | 100’ | 100’ | 100’ | 150’ | N/A |
Building Setback (measured from edge of shoreline buffer) (3) | 15’ | 15’ | 15’ | 15’ | N/A |
Height | 35’ | 35’ | 35’ | 35’ | N/A |
Maximum Impervious Surface Coverage | N/A | N/A | 10% | N/A | N/A |
Lot Frontage | 60’ | 60’ | 300’ | 300’ | N/A |
Other (density, etc.) | Governed by underlying zone | ||||
Notes to Shoreline Bulk and Dimensional Standards Table: | |
1. | Where the standards of this table conflict with the standards of the underlying zone, the standard that is most protective of shoreline ecological function shall apply. |
2. | Unless common line shoreline buffer provisions of KCC § 17B.06.200(B)(7) are met. |
3. | Unless reduced setback provisions of KCC § 17B.06.200(B)(12) are met. |
(Ord. 2021-006, 2021; Ord. 2016-006, 2016)