The requirements of this chapter apply to uses, activities and development within the city of Poulsbo’s shoreline jurisdiction, including shorelands and aquatic areas, as defined in Section 16.08.040. All uses, activities and development within the shoreline jurisdiction, including those exempt from the requirements to obtain a shoreline permit, shall comply with Chapter 90.58 RCW, the Shoreline Management Act, Chapter 173-27 WAC or its successor, and the policies and regulations of the Poulsbo shoreline master program.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The Poulsbo shoreline master program has the following purposes:
A.
To ensure no net loss of shoreline ecological functions;
B.
To protect the waters of the state and the fish and wildlife that depend on those waters from adverse impacts;
C.
To protect the public’s right to access and use the surface waters of the state, and to access and use the shorelines where public lands and rights-of-way exist;
D.
To encourage water-oriented and residential uses of the shoreline that are in the best interest of the public;
E.
To provide a coordinated plan for the shorelines in accordance with local, state and federal requirements to prevent adverse impacts from unplanned development of the state’s shorelines;
F.
To carry out the Shoreline Management Act, Chapter 90.58 RCW, and implementing regulations adopted by the state;
G.
To help fulfill the city’s responsibilities under the public trust doctrine;
H.
To protect the rights of property owners within the shoreline jurisdiction.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The definitions in this section shall be used when administering the regulations in this chapter. The definition of any word or phrase not listed in this section which is in question when administering the regulations in this chapter shall be defined from one of the following sources in order of preference, with A. being the most preferable, and so on:
A.
Shoreline Master Program.
1. “Accessory use” or “accessory structure”
means a use or structure that is subordinate to the principal use of the subject site or the principal building on the site, serving a purpose customarily associated with and incidental to the primary use or structure.
2. “Activity” or “activities”
means any action within the shoreline jurisdiction that makes use of or impacts shoreline resources or functions.
3. “Agricultural activities”
means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.
4. “Alteration”
means any human-induced change in an existing condition of a shoreline and/or its buffer. Alterations include but are not limited to grading; filling; channelizing; dredging; clearing (vegetation); draining; constructing structures; compaction, excavation, or any other activity that changes the character of a site. “Alteration” does not include walking, fishing, or any other passive recreation or other similar activities.
5. “Aquaculture”
means the culture or farming of fish, shellfish and/or other aquatic animals or plants, including the incidental preparation of these products for human use. This definition does not include approved native habitat restoration or native species restoration activities on the tidelands or bedlands of Liberty Bay or the harvest of wild geoduck associated with the state managed wild stock geoduck fishery.
7. “Average grade level”
means the average of the natural and existing topography of the portion of the lot, parcel, or tract of real property that will be directly under the proposed building or structure. In the case of structure to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.
8. “Boat repair and service, major”
means non-routine boatyard type activities for maintenance and repair, such as hull repair, refinishing and surface preparation, cleaning or scraping of ablative or soft-sloughing bottom paints, refinishing projects that exceed twenty-five percent (annually) of the deck and superstructure, and/or which have the potential to impact the shoreline environment, water and/or air quality.
9. “Boat repair and service, minor”
means routine in-slip or dockside maintenance and repair, such as cleaning, internal engine work, replacement of running gear, rigging, or small refinishing projects that are limited to less than twenty-five percent (annually) of the deck and superstructures (not the hull, sides or bottom), and which do not impact the shoreline environment, water and/or air quality.
10. “Boating facility”
means an establishment for public or private use with aquatic and/or upland development, that provides moorage, boat haulout, boat launches, docks, and/or boat repair and maintenance and related services to the general boating community, such as but not limited to marinas. For the purposes of this chapter, the definition does not include docks or other development associated with residential uses such as single-family or multifamily development.
11. “Breakwater”
means protective structures usually built offshore to protect harbor areas, moorages, navigation, beaches and bluffs from wave action. Breakwater designs may be fixed (e.g., rubble mound or rigid wall), open-pile or floating.
12. “Buoy”
means a floating object anchored to provide a mooring location away from shore, to provide navigational direction or other maritime information, to serve as a marker or separator between differing uses or ownership, or to transmit signals.
13. “Bulkhead”
means a vertical or nearly vertical erosion protection structure placed parallel to the shoreline at or near the OHWM consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
14. “Clearing”
means the destruction or removal of vegetative cover and/or trees, including but not limited to root material removal and/or topsoil removal.
15. “Commercial use”
means retail and service commercial establishments, and office uses.
16. “Critical saltwater habitat”
means spawning and holding areas for forage fish, such as herring, smelt and sand lance; shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association, as designated in the city comprehensive plan’s fish and wildlife habitat conservation areas map or subsequently adopted document; or as otherwise defined in WAC 173-26-221(2)(iii) or its successor.
17. “Critical areas”
includes the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) geologically hazardous areas; and (e) frequently flooded areas.
18. “Cumulative impact”
means the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.
19. “Destroy” or “destruction”
means significant damage to more than fifty percent of a structure, or damage that renders a structure uninhabitable or unusable for its intended purpose, from a sudden, unforeseen event such as a fire or windstorm.
20. “Developable”
means a property that is currently undeveloped or with little development, but which may reasonably be expected to develop or to have additional development in future, given its size, location, site restrictions and zoning.
21. “Development”
means an action consisting of one or more of the following: (a) the construction or exterior alteration of structures; (b) dredging; (c) drilling; (d) dumping; (e) filling; (f) removal of any sand, gravel or minerals; (g) bulkheading; (h) driving of piling; (i) placing of obstructions; (j) any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to Chapter 90.58 RCW at any state of water level; or (k) creation of new lots. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.
22. “Dock”
means a structure that floats on the surface of the water, without piling supports, but which is attached to land or an over-water structure. Typically used for boat moorage, swimming, public access, and other activities that require access to deep water.
23. “Dredging”
means the removal of earth, sediment, sand and/or gravel from the bottom of a water body below the OHWM.
24. “Dune” or “dunes”
means mounds or hills of sand along a shoreline that have been formed by wind action. (There are no dunes within the city’s shoreline jurisdiction.)
25. “Ecological functions”
means the work performed or role played by the physical, chemical and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.
26. “Emergency”
means an unanticipated and/or imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full compliance with the SMP. Emergency construction is defined as that necessary to protect property and facilities from the elements. All emergency construction shall be consistent with the SMA and the SMP.
27. “Enhancement”
means alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a positive change in ecological function but does not result in an increase in the area of the feature. Examples are planting vegetation, controlling nonnative or invasive species, and modifying site elevations to positively alter hydroperiods.
28. “Estuary”
means the zone or area of water in which freshwater and saltwater mingle and water is usually brackish due to daily mixing and layering of fresh and saltwater.
29. “Exempt development”
means development listed in WAC 173-27-040 as exempt from the definition of “substantial development” and, therefore, exempt from the substantial development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still be carried out in compliance with policies and standards of the SMA and the SMP. Conditional use and/or variance permits may still be required even though the activity does not need a substantial development permit (RCW 90.58.030(3e)).
30. “Fair market value”
means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services, and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation, and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment, or materials.
31. “Feasible”
means an action, such as a development project, mitigation, or preservation requirement, can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; provides a reasonable likelihood of achieving its intended purpose; and does not physically preclude achieving the project’s primary intended legal use. In cases where this SMP requires certain actions, unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action’s infeasibility, the city may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames.
32. “Fill”
means the addition of earth, sediment, sand, gravel, earth-retaining structure or other material to an area waterward of the ordinary high water mark, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.
33. “Float”
means a structure designed to float on the water which provides opportunities for recreation or moorage similar to a dock or pier, but which is not built on pilings or attached to land or another structure except by an anchor or similar nonstructural connection.
34. “Floating home”
means a floating structure designed substantially as a permanently located residence by means of permanent utilities, anchoring design, and lack of adequate self-propulsion to operate as a vessel; or any similar floating structure not originally designed as a permanently located residence, but which is being used for such a purpose.
35. “Floodplain”
is synonymous with the one-hundred-year floodplain and means the land susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon Federal Emergency Management Agency flood maps or other reasonable method that meets the objectives of the Shoreline Management Act.
36. “Floodway”
means the channel of a river and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the surface elevation more than a specified height. The limit of this area shall be based upon Federal Emergency Management Agency flood maps or other reasonable method that meets the objectives of the Shoreline Management Act.
37. “Forest land”
means all land that is capable of supporting a merchantable stand of timber and is not being actively used, maintained, developed or converted in a manner that is incompatible with timber production.
38. “Forest practices”
means any activity conducted on or directly pertaining to forest land, and the growing, processing or harvesting of timber. This definition does not include activities such as tree marking and surveying.
39. “Geological report”
means a geotechnical report with the exception of engineering recommendations and shall be prepared either by a licensed geotechnical engineer or by a geologist.
40. “Geotechnical report”
means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential sitespecific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes.
41. “Grading”
means the movement or redistribution of the soil, sand, rock, gravel, sediment or other material on a site that alters the natural contour of the land.
42. “Groin”
means a wall-like structure built seaward from the shore to build or preserve an accretion beach by trapping littoral sand drift on the updraft side.
43. “Hard armoring” or “hard shoreline stabilization”
means structural shoreline stabilization and reinforcement measures that are solid with hard surfaces, such as concrete, pilings, rock revetments, gabions, concrete groins, retaining walls, bulkheads and similar nonnatural approaches to shoreline stabilization.
44. “Hazard tree” or “hazardous tree”
means any tree that has been determined to be a present hazard to persons or property by the city arborist or another certified arborist, according to the tree hazard evaluation standards established by the International Society of Arboriculture.
45. “Height”
is measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height except in the C-1 zoning district per Section 18.80.040(B)(4).
46. “Industrial use”
means a land use that involves the production, processing, manufacturing, or fabrication of goods or materials. This definition does not include commercial retail, storage, installation or use of goods or materials manufactured elsewhere, such as boat repair or marine equipment storage.
47. “Invasive”
means a vegetative or animal species not native to a region and marked by a tendency to spread, especially with proclivity to replace healthy native species.
48. “In-stream structure”
means a structure located partially or completely waterward of the ordinary high water mark of a stream other than the estuary of Dogfish Creek.
49. “In-water structure”
means a structure located partially or completely waterward of the ordinary high water mark of Liberty Bay or the estuary of Dogfish Creek, of which structure all or a portion is partially or completely submerged during the diurnal tidal rhythm.
50. “Jetties”
means structures generally built singly or in pairs perpendicular to the shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral sand drift. Jetties also protect channels and inlets from storm waves and cross currents.
51. “Liveaboard” or “liveaboard vessel”
means a vessel used as an over-water or in-water residence in Liberty Bay for a period exceeding two months in any one calendar year.
52. “Lot coverage”
means that percentage of the total lot area covered by structures, including all projections except eaves, driveways and concrete patios. “Lot coverage” does not include subsurface structures.
53. “Marina”
means a public or private boating facility providing boat moorage facilities to the general boating community, such as boat slips and docks. A marina may also include boating-related services such as fuel or boat repair, and other uses consistent with the provisions of this chapter.
54. “Mean high water”
means the average elevation of all high waters recorded at a particular point or station, based on data obtained from the most recent tidal epoch recorded by the NOAA Liberty Bay tidal station, or that of an official successor agency.
56. “Mitigation sequencing”
means that where mitigation is required, mitigation measures per WAC 173-26-201(2)(e), or as subsequently amended, shall be applied in the following sequence of steps listed in order of priority, with (a) being the top priority: (a) avoiding the impact altogether by not taking a certain action or parts of an action; (b) minimizing impacts 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; (c) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (d) reducing or eliminating the impacts over time by preservation and maintenance operations; (e) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (f) monitoring the impact and the compensation projects and taking appropriate corrective measures.
57. “Mixed use”
means the development of a tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to: residential, commercial (office, retail), marina, public uses and/or recreation.
58. “Modification”
means an action that modifies the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a breakwater, dock, boat launch ramp, or other shoreline structures. A shoreline modification also can consist of other activities such as dredging and filling.
59. “Moorage” or “moorage facility”
means a marina, open water moorage and anchorage area, pier, dock, mooring buoy, slip, or any other similar fixed moorage site.
60. “Mooring buoy”
means a floating object anchored to the bottom of a water body that provides tie-up capabilities for vessels.
61. “Nonconforming structure”
means an in-water, over-water or upland structure which was lawfully constructed or placed prior to the effective date of the applicable shoreline master program, or amendments thereto, but which does not conform to present shoreline development regulations or standards of the program. An example of a nonconforming structure is a structure that does not meet shoreline development standards such as yard setbacks, parking requirements, lot coverage, density or height. A nonconforming structure may also contain a nonconforming use or uses.
62. “Nonconforming use”
means an in-water, over-water or upland use which was lawfully established prior to the effective date of the applicable shoreline master program, or amendments thereto, but which does not conform to present shoreline use regulations or standards of the program. Examples of a nonconforming use are: (a) a use located anywhere in the shoreline jurisdiction that is not permitted or conditionally permitted in the relevant shoreline environment; (b) a use located in a shoreline buffer that is permitted or conditionally permitted in the relevant shoreline environment, but that does not comply with the water-related, water-dependent or public access/recreation standard for uses within a buffer; or (c) a use in the aquatic environment that is not water-related, water-dependent, or public access/recreation. A nonconforming use may also be located within a nonconforming structure.
63. “No net loss”
means no net loss of shoreline ecological functions as defined in WAC 173-26-186(8) or its successor.
64. “Normal maintenance”
means those usual acts to prevent a decline, lapse, or cessation from a law-fully established condition.
65. “Normal repair”
means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment and achieves no net loss of ecological functions.
66. “Normal residential appurtenance”
means development necessarily connected to the use and enjoyment of a single-family residence and located landward of the perimeter of an associated wetland and landward of the ordinary high water mark. Normal residential appurtenances include a garage, deck, shed, ADA ramps, patios, antennas, solar arrays, driveway, utilities solely servicing the subject single-family residence, fences, and grading which does not exceed two hundred fifty cubic yards.
67. “Ordinary high water mark” or “OHWM”
is the mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided, that in any area where the OHWM cannot be found, the OHWM adjoining salt water shall be the line of mean higher high tide and the OHWM adjoining fresh water shall be the line of mean high water.
68. “Over-water structure”
means a structure located partially or completely waterward of the ordinary high water mark of which no portion (excluding accessory support such as piers, pilings or floats) is submerged during the diurnal tidal rhythm.
69. “Pier”
means a structure supported by pilings that projects over, and is raised above, the water but is attached to land or to a structure, and that is typically used for boat moorage, swimming, fishing, public access, floatplane moorage, or similar activities requiring access to deep water.
70. “Public”
means a structure, facility, use or service that is available to be used or occupied by the public.
71. “Preferred uses”
are those uses, in the following order of preference, which (a) recognize and protect the statewide interest over local interest; (b) preserve the natural character of the shoreline; (c) result in long-term over short-term benefit; (d) protect the resources and ecology of the shoreline; (e) increase public access to publicly owned areas of the shoreline; (f) increase recreational opportunities for the public in the shoreline; and (g) provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary; consistent with the provisions of RCW 90.58.020, or as subsequently amended.
72. “Primary structure” or “principal structure”
means the structure associated with the principal use of the property. In some circumstances, such as multibuilding commercial or multifamily residential development, there may be more than one primary structure on a property. This definition shall not include nonhabitable, accessory structures such as storage sheds, greenhouses, swimming pools, and parking lots.
73. “Priority uses”
include (a) protection and restoration of ecological functions to control pollution and prevent damage to the natural environment and public health; (b) water-dependent and associated water-related uses; (c) water-related and water-enjoyment uses; (d) single-family residential uses; (e) non-water-oriented uses in locations where the above described uses are inappropriate or where non-water-oriented uses demonstrably contribute to the objectives of the Shoreline Management Act, consistent with the provisions of WAC 173-26-201(2)(d), or as subsequently amended.
74. “Priority species”
means species requiring protective measures and/or management to ensure their persistence at genetically viable population levels. Priority species include state-listed or state-proposed endangered, threatened or sensitive species and candidate species.
75. “Public access”
means the ability of the general public to reach, touch and enjoy the water’s edge, to travel on the waters of the state, and to view the water and shoreline from adjacent locations.
76. “Qualified professional” or “professional”
means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise and/or certification appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and, unless otherwise specified in this SMP, must have at least five years of related work experience.
77. “Recreational development” or “recreational facilities”
means private and public facilities designed and used to provide recreational opportunities to the public and/or to private communities, including facilities in public parks.
78. “Rebuild”
for the purposes of this chapter means the reconstruction of a structure that has been damaged by more than fifty percent, or destroyed by a sudden, unforeseen event such as a fire or windstorm.
79. “Redevelop” or “redevelopment”
for the purposes of this chapter means the deliberate replacement of more than fifty percent of an existing structure, or demolition of the structure, with development of a new and/or remodeled structure or structures in its place.
80. “Residential development” or “residential land use”
means one or more buildings or portions thereof which are used to provide a place of abode for human beings, including single-family detached homes, two- and three-family attached homes (duplex and triplex), multifamily residences, assisted living, row houses, townhomes, and similar housing, together with accessory uses and structures normally common to residential uses and permitted by city code. This definition does not include hotels, motels, bed and breakfast facilities, transient housing, boarding houses or camping facilities.
81. “Restore” or “restoration”
for the purposes of this chapter means major repairs to a structure beyond the scope of normal maintenance, or repairs to more than fifty percent of a structure where damage does not meet the level of “destruction.”
82. “Shorelands”
means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark. Also referenced as “uplands” for the purposes of this chapter.
83. “Shoreline administrator,”
for the purposes of this chapter, shall mean the city planning director or his/her assignee.
84. “Shoreline buffer”
means an area immediately adjacent to the shoreline as measured from the OHWM, which, under optimal conditions, is composed of intact native vegetation, and where new development is not allowed unless necessary to accommodate water-oriented uses or other developments specifically allowed in the shoreline buffer by the SMP, and only if no net loss of critical area or shoreline ecological functions is assured. Shoreline buffers and setbacks extend both above and below ground.
85. “Shoreline building setback”
means an area immediately adjacent to a shoreline buffer within which no buildings or other structures may be constructed, unless otherwise indicated in this chapter. The buffer setback protects the shoreline buffer during development activities, use, and routine maintenance occurring adjacent to the buffer.
86. “Shoreline master program” or “SMP”
means the city’s combined comprehensive plan policies, development regulations, and permit process system that addresses development and uses, which is based on state laws and rules but is tailored to the specific geographic, economic and environmental needs of the community. The local SMP is essentially a shore-line-specific combined comprehensive plan, zoning ordinance, and development permit system.
87. “Shoreline stabilization”
means actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind, or wave action, including both structural and nonstructural methods.
88. “Shorelines”
means all of the water areas of the state and their associated shorelands, together with the lands underlying them, except shorelines of statewide significance.
89. “Shorelines of statewide significance”
are those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt water north to the Canadian line and lying seaward from the line of extreme low tide.
90. “Sign”
means any device, structure, fixture or placard using, containing or displaying graphics, symbols or written copy for the purpose of advertising or identifying any establishment, product, occupant, service or related information, including signs placed in windows or painted upon building facades.
91. “Significant tree”
for the purposes of this chapter shall mean a tree that is at least ten inches in diameter measured at four feet from the ground.
92. “Soft shoreline armoring” or “soft shoreline stabilization”
means nonstructural or nonrigid stabilization measures such as vegetation and beach enhancement, upland drainage control, and gravel placement. Soft shore techniques including log placement, beach nourishment, resloping the bank, and revegetation can provide erosion protection using strategically placed natural materials while allowing beach processes and ecological functions to remain intact.
93. “Structure”
means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels.
94. “Transportation facilities”
means public or private roads and streets that are used by cars and similar motorized vehicles. This definition does not include private driveways.
95. “Unpermitted structure”
means a structure that was not lawfully constructed or placed according to the shoreline master program or other city regulations in effect at the time of its construction or placement.
96. “Unpermitted use”
means a use that was not lawfully established according to the shoreline master program or other city regulations in effect at the time of its establishment.
97. Upland Area or Uplands.
See “Shorelands.”
98. “Utilities, accessory”
means on-site utilities that serve a primary use on the site, such as a water, sewer or gas line to a residence or business, and shall be considered part of the primary use.
99. “Utilities, primary”
means facilities which produce, store, collect, treat, carry, discharge, or transmit water, storm drainage, natural gas, sewage, electricity, phone or cable communications, or similar services.
100. “Vessel”
means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water.
101. “Viewshed”
for the purposes of this chapter means a view of the Liberty Bay shoreline and surrounding shorelands, as seen by the human eye along a continuous vantage from designated public rights-of-way and public parks in the shoreline jurisdiction.
102. “View corridor”
for the purposes of this chapter means a city-approved, designated open area on one or more properties that extends from a public right-of-way or public park within a designated viewshed to the shoreline, to provide public views of the shoreline. Private views of the shoreline from or across either public or private property are not protected.
103. “Water-dependent use”
means a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operation.
104. “Water-enjoyment use”
means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides recreational use or aesthetic enjoyment of the shoreline for a large number of people with the water or shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation, assure the public’s ability to interact with the water or shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and most if not all of the water or shoreline-oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline or water interaction.
105. “Water-oriented use”
means a use that is water-dependent, water-related or water-enjoyment, or a combination of such uses.
106. “Water-related use”
means a use that is not intrinsically dependent on a shoreline location but whose economic viability is dependent upon a shore-line location because of a functional requirement for a shoreline location, such as the arrival or shipment of materials by water, or because the use provides a necessary service supportive of a water-dependent commercial activity.
107. “Wetlands” or “wetland areas”
means areas that are inundated or saturated by surface or ground-water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or high-way. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.
E.
Poulsbo Municipal Code (PMC);
F.
Legal definitions from case law or a law dictionary;
G.
The common dictionary;
H.
Acronyms and Abbreviations.
1.
A—Aquatic environment;
2.
BMPs—Best management practices;
3.
City—City of Poulsbo;
4.
SCUP—Shoreline conditional use permit;
5.
SSDP—Shoreline substantial development permit;
6.
Ecology—Washington State Department of Ecology;
7.
GMA—Growth Management Act;
8.
HI—High intensity environment;
9.
N—Natural environment;
10.
OHWM—Ordinary high water mark;
11.
PMC—Poulsbo Municipal Code;
12.
RCW—Revised Code of Washington;
13.
SEPA—State Environmental Policy Act;
14.
SMA—Shoreline Management Act;
15.
SMP—Shoreline master program;
16.
SR-1—Shoreline residential-1 environment;
17.
SR-2—Shoreline residential-2 environment;
18.
UC—Urban conservancy environment;
19.
WAC—Washington Administrative Code;
20.
WDFW—Washington State Department of Fish and Wildlife.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2019-01 § 2 (Att. A (part)), 2019; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following areas of Liberty Bay and Dogfish Creek are within the city’s shoreline jurisdiction. The exact location and extent of the shoreline jurisdiction will be determined in the field by a qualified professional according to the requirements of this chapter at the time of permit application.
A.
Liberty Bay. That portion of Liberty Bay adjacent to any upland area within the city limits and extending to the midpoint of Liberty Bay.
B.
Dogfish Creek. That portion of Dogfish Creek from the mouth of Liberty Bay to the extent of saltwater influence (end of estuary).
D.
As allowed by RCW 90.58.030(2)(f)(ii) and WAC 173-26-221(2)(a), the city has chosen to not expand its shoreline jurisdiction to include critical area buffers that are located outside of the shoreline jurisdiction. These areas will continue to be regulated by Chapter 16.20, Critical Areas.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A.
The shoreline regulations contained in this chapter shall apply to all areas within the city’s shoreline jurisdiction, in addition to zoning, land use, critical areas, and development regulations, and other regulations established by the city.
B.
In the event of any conflict between the regulations in this chapter and any other city, state or federal ordinance, statute, rule or regulation, the most stringent regulation shall control, unless that regulation is preempted or unless this chapter indicates otherwise.
C.
Nothing in this chapter or action taken there-under shall adversely affect Suquamish tribal treaty rights to which the United States government is a party.
D.
Citations in this chapter of state rules and codes shall be interpreted as referring to the most current version of such rules and codes or their successors, regardless of the adoption date of this chapter.
E.
Shoreline master program policies, found in the natural environment chapter of the city’s comprehensive plan, establish intent for the shoreline regulations.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.070; Ord. 2021-13 § 2 (Exh. A), 2021; Ord. 2021-08 § 2 (Exh. A), 2021)
A.
Shoreline Maps. The set of maps entitled City of Poulsbo Shoreline Master Program Inventory and Characterization Exhibits, including the official shoreline master program map series, as adopted by ordinance, are the graphic representations of general environmental characteristics and general development along the city’s shorelines that are regulated by this chapter. This set of maps is hereby adopted as part of this chapter. The referenced maps are to be used for general planning purposes only and may not be substituted for survey data.
B.
Shoreline Jurisdiction. The shoreline jurisdiction as depicted on the city’s adopted shoreline maps, as referenced in subsection A of this section, is intended to depict the approximate location and extent of known shorelands. In determining the exact location of the city’s shoreline jurisdiction, the criteria contained in RCW 90.58.030(2) shall be used. The extent of shoreline jurisdiction on any individual lot, parcel or tract shall be determined by a field investigation and survey and is the sole responsibility of the applicant. The location of the OHWM and the two-hundred-foot shoreline jurisdiction shall be included in shoreline permit application submittals to demonstrate the extent of the shoreline jurisdiction.
C.
Interpretation of Shoreline Environment Designations. The following criteria shall be used to interpret the boundaries of shoreline environment designations:
1.
Property Lines. Where a shoreline environment designation boundary is indicated as approximately following a property line, the property line is the shoreline environment designation boundary.
2.
Streets. Where a shoreline environment designation boundary is indicated as following a public or private street, the edge of the private street or public right-of-way nearest to the shoreline is the shoreline environment designation boundary. Where a right-of-way or private street is vacated, the area comprising the vacated right-of-way or private street will acquire the classification of the property to which it reverts.
3.
Undesignated Properties. Any shoreline areas not mapped and/or designated at the time of adoption of this SMP shall be assigned an urban conservancy designation until redesignated through a shoreline master program amendment.
4.
Where a shoreline environment designation boundary on an upland property is based on the shoreline buffer, the designation boundary shall be measured landward from the OHWM.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.080; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A.
General. The planning director may issue interpretations of any provisions of this chapter as necessary to administer the shoreline master program policies and regulations. The planning director shall base his/her interpretations on:
1.
The defined or common meaning of the words of the provision; and
2.
The general purpose of the provision as expressed in the provision; and
3.
The logical or likely meaning of the provision viewed in relation to the Washington State Shoreline Management Act, including the purpose and intent as expressed in Chapter 90.58 RCW and the applicable guidelines as contained in Chapter 173-26 WAC, and the natural environment shoreline policies of the Poulsbo comprehensive plan.
Any formal written interpretations of shoreline policies or regulations shall be submitted to the Department of Ecology for review.
B.
Effect. An interpretation of this chapter will be enforced as if it is part of this code. Formal interpretations by the planning director shall be kept on file by the planning department and shall be available for public review, and shall periodically be incorporated into this chapter during required updates of the SMP.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.090; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
As provided for in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of strict construction; the Act and this chapter shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this chapter were enacted.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.100; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The Act and this chapter comprise the basic state and city law regulating use of shorelines within the city. In the event provisions of this chapter conflict with other applicable city policies or regulations, the more restrictive shall prevail. Should any section or provision of this chapter be declared invalid, such decision shall not affect the validity of this chapter as a whole.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.110; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)