On sites where shoreline views are available, commercial, multifamily residential, mixed use and recreational development that is newly constructed, redeveloped, or has its gross building floor area expanded by more than fifty percent after the effective date of this master plan is required to have the relevant new construction or expansion comply with the following design requirements, to enhance the ability of residents, visitors and the public to enjoy the physical and aesthetic benefits of the shoreline. Any other design standards that are relevant to the location, zone or use, such as those in the zoning code, shall also apply.
A. 
Buildings shall be designed with windows oriented toward the shoreline.
B. 
Buildings shall be designed to incorporate outdoor areas such as decks, patios or viewing platforms oriented toward the shoreline.
C. 
Buildings shall be designed with entrances along the waterfront facade, and with connections between the buildings and any private or public walkways along or to the shoreline.
D. 
Service areas, refuse and recycling containers, storage and equipment shall be located away from the shoreline, to the extent feasible, and shall be screened from public view from the water, adjacent properties, and public right-of-way.
E. 
Buildings shall not incorporate materials that are reflective or mirrored.
F. 
Within the high intensity environment, development in the downtown core commercial overlay zone shall also comply with the downtown core design requirements in Title 18.
G. 
For new construction, where feasible the location of required public view corridors shall be designed concurrently with building orientation, to maximize both public views and views from the proposed development. If there is a conflict between building orientation and the location of required or existing public view corridors, the public view corridor shall take precedence.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following regulations apply in addition to any other city requirements, including sign regulations in the zoning code for prohibited, exempt and temporary signs. If there is a conflict between other sign regulations and the regulations of this section, the more stringent regulation shall apply.
A. 
Signs shall be located on the same property or within the same development as the business or organization being advertised. Off-site advertising signs, including commercial billboards, are prohibited.
B. 
Freestanding signs may be allowed within the shoreline buffer and setback for water-dependent and water-related development and uses that are also located in the buffer and/or setback area, including on-site directory and public information signs, and for public access and park interpretative and directional signage, subject to the following requirements:
1. 
Signs are limited to five feet in height from the ground level and twenty square feet in area.
2. 
Signs shall not obscure or block designated public view corridors.
C. 
New, expanded or replacement signs shall not be internally illuminated. Lighting shall be directed downward upon the sign face, not toward the water or neighboring properties, and shall also meet the standards of the city zoning code.
D. 
New, expanded or replacement signs shall not be oriented to face Liberty Bay and/or be located in the aquatic environment, except as follows:
1. 
For retail establishments providing fuel and oil sales for boats, where the facility is accessible from the water, one sign not exceeding twenty square feet per sign face.
2. 
Boat traffic and directional signs associated with port and marina facilities, navigation channels and hazard warnings, and any other signage required by the U.S. Coast Guard or Federal Aviation Administration for navigational or floatplane operation purposes.
3. 
Directional and interpretative signs for public access and public recreation amenities that can be accessed from the water.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
Exterior lighting shall be controlled using limits on height, maximum lighting levels, light shields, lighting direction and other mechanisms in order to prevent light pollution, disturbance of aquatic or shoreline wildlife, or other adverse effects that could infringe on public enjoyment of the shoreline, affect neighboring properties, or have environmental impacts.
A. 
Review Requirements. All development proposing exterior lighting within the shoreline jurisdiction, except as otherwise indicated in subsection E of this section, shall submit a lighting plan for approval by the planning director. The plan shall contain the following information:
1. 
A brief written narrative that indicates the objectives of the lighting;
2. 
The location, fixture type, mounting height and wattage of all outdoor lighting and building security lighting, including exterior lighting mounted on docks, piers, or other in-water or over-water structures;
3. 
If building elevations are proposed for illumination, drawings shall be provided for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, and the illuminate levels of the elevations;
4. 
Photometric data, such as that furnished by the manufacturers, showing the angle of light emissions and extrapolated foot-candle readings at the property boundaries, and at the shoreline if relevant.
B. 
Direction and Shielding.
1. 
All exterior building-mounted and ground-mounted light fixtures shall be directed downward and use “fully shielded cutoff” fixtures as defined by the Illuminating Engineering Society of North America (IESNA), or other appropriate measure to conceal the light source from adjoining uses, to direct the light towards the ground and away from the shore-line, and to prevent lighting from shining on the waters of Liberty Bay.
2. 
New and replacement exterior lighting mounted on piers, docks or other structures serving water-dependent uses at the shoreline or in the water shall be directed away from adjacent properties and the water, and be designed and located to prevent lighting from shining on the waters of Liberty Bay.
3. 
For properties located within the natural environment, the amount and intensity of new and replacement exterior lighting shall be limited to those areas and hours where it is needed for safety, security and operational purposes.
C. 
Lighting Levels.
1. 
For properties located adjacent to an aquatic, natural or urban conservancy environment, new and replacement exterior lighting fixtures shall produce a maximum initial luminance value of one-tenth foot-candle (as measured at three feet above grade) at the site property line or environment boundary.
2. 
For properties in the shoreline residential or high intensity environments located adjacent to residential uses, new and replacement exterior lighting fixtures shall produce a maximum initial luminance value of six-tenths foot-candle (as measured at three feet above grade) at the site boundary, and drop to one-tenth foot-candle on the abutting property as measured within fifteen feet of the property line.
3. 
All other new and replacement light fixtures shall not exceed a maximum initial luminance value of one foot-candle at the property boundary or at the water surface of Liberty Bay.
D. 
Other.
1. 
Wash or general illumination of a commercial or office building facade to enhance architectural features or to draw attention to the building or its uses is not permitted.
2. 
Spotlights, search lights, strobe lights and flashing lights are prohibited in all environments.
E. 
Exemptions. The following development activities are exempt from the submittal and lighting standards established in subsection A of this section:
1. 
Emergency lighting required for public safety.
2. 
Lighting for public rights-of-way.
3. 
Outdoor lighting for temporary or periodic events (e.g., community events at a public park, seasonal holiday lighting, etc.).
4. 
Sign lighting regulated by Section 16.08.340.
5. 
Development of the following if located out-side of the shoreline buffer and setback area: a single-family residence; an accessory dwelling unit associated with a single-family residence; a development of up to four multifamily units; and appurtenant structures.
6. 
Lighting associated with the U.S. Coast Guard’s Navigation Safety Requirements, such as navigation aid beacons.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The city does not establish, protect, or maintain views from private property. However, public views of the shorelines and water on both public and private property shall be designated and maintained to enhance the public’s ability to see and enjoy the shorelines and waters of Liberty Bay.
A. 
Intent. The intent of the viewshed designation is to promote an aesthetically attractive view of Liberty Bay and the shoreline environment from public parks and major public streets near the shoreline, with limited visual obstruction from buildings and other structures.
B. 
Applicability.
1. 
The requirements in subsections (B)(2) and (3) of this section shall apply to any property of one acre or greater in size, excluding tidelands, where views of the shoreline are available. For the purposes of this section, “property” shall mean the total area included in a development proposal, which may involve one or more lots or parcels. This section shall not apply to redevelopment of a structure of the same size and within the same footprint as the existing structure.
2. 
Within designated viewsheds, when a new development is proposed that requires preliminary plat, site plan, planned residential development, planned urban development or binding site plan review (such as a new commercial development, a residential development of four or more units, or a mixed use development), one or more view corridors shall be established where the corridor can meet the standard of subsection (C)(2) of this section.
3. 
Within designated viewsheds, when an existing structure is expanded or the site is redeveloped to contain more than fifty percent over the gross building square footage existing upon the effective date of this shoreline master plan, one or more view corridors shall be established where the corridor can meet the standard of subsection (C)(2) of this section.
C. 
Standards.
1. 
Within a new or expanded development that requires establishment of view corridors per subsections (B)(2) and (3) of this section, buildings and structures shall be clustered to provide and maintain a maximum-width contiguous public view corridor from the relevant street or park.
2. 
A view corridor shall be a minimum of twenty feet wide or thirty percent of the total average property width, whichever is greater, unless the planning director determines that this requirement would result in a regulatory taking of the property based on its zoning and shoreline environment, and accepts an alternative width.
3. 
Although new landscaping on properties within public viewsheds is encouraged to be designed, located and maintained for maximum retention of shoreline views, the city shall not regulate private landscaping or other private native or nonnative vegetation within a viewshed for the purposes of view preservation, except for approved view corridors.
D. 
View Corridor Location. When a view corridor is required, it shall be designed to meet the following location standards and must be approved by the city planning director:
1. 
If the subject property does not directly abut the shoreline, the view corridor shall be designed to coincide with any existing view corridors on properties that lie between the subject property and the shoreline.
2. 
The view corridor location shall be adjacent to a side property line in order to obtain the widest view corridor in combination with adjacent properties, unless an alternative location can be shown to provide a larger and more aesthetically rewarding view, and shall consider the following criteria in order of priority:
a. 
Potential impacts to critical areas.
b. 
Locations of existing view corridors.
c. 
Existing development or potential development on adjacent properties, given the topography, access and likely location of future improvements.
d. 
The availability of actual views of the water and the potential of the property for providing those views from the relevant street or park.
e. 
Location of sight-obscuring structures, parking areas or vegetation that are likely to remain in place in the foreseeable future.
3. 
The view corridor shall be in one continuous piece throughout the subject property.
4. 
For land divisions, the view corridor shall be established as part of the land division, either as a tract or a permanent easement across common open space which shall be maintained for public viewing benefit, recorded on the face of the plat, and located to create the largest and most aesthetically pleasing view.
5. 
Where feasible and desirable, view corridors may be co-located with proposed or existing public shoreline access.
E. 
Permitted Structures and Uses Within a View Corridor. The following new structures, uses and landscaping and native vegetation plantings shall be permitted within a view corridor.
1. 
Areas provided for public access and recreational facilities, such as pedestrian and bicycle path-ways, playgrounds, viewing platforms and picnic areas.
2. 
Structures, including below-grade structures, where the slope of the subject property allows unobstructed views of the shoreline over the structures from the street or park.
3. 
Landscape plantings, including required land-scaping in setbacks and buffers, provided it is of a size that will not obscure the view from the street or park to the shoreline at the time of planting or upon reaching maturity. In the event of a conflict between required new landscaping for site screening/buffering and view preservation, view preservation shall take precedence.
4. 
Native vegetation plantings to maintain or restore shoreline habitat areas; provided, that such plantings shall be of a size that will not obscure the view from the street or park to the shoreline at the time of planting or upon reaching maturity.
5. 
Open fencing that is designed not to obscure the view from the street or park to the shoreline.
6. 
Electric distribution lines (excluding major electric transmission lines), cable and telephone lines and similar wire facilities are permitted, but for new or expanded development and redevelopment these should be located underground whenever feasible.
7. 
Surface parking that is permitted under Section 16.08.290(B), and which does not obscure the view from the street or park to the shoreline.
F. 
Dedication.
1. 
For land divisions and site plans, the view corridor shall be established as part of the land division or site plan approval, either as a tract or as a permanent easement across common open space for public viewing benefit, and shall be recorded on the face of the plat or site plan.
2. 
The applicant shall execute a covenant or similar legal agreement, in a form acceptable to the city attorney, to maintain and protect the public view corridor.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
In preserving and promoting public access, the SMA and shoreline guidelines (Chapter 173-26 WAC) recognize that shorelines of the state are a resource to be used and enjoyed by all citizens of Washington State. While balancing the rights of privacy and private property, the SMA promotes public access as a “preferred use” in terms of water-oriented recreation and requires public access amenities (such as walkways, seating, signage, etc.) to be incorporated into certain waterfront development. In this context, “public access” can mean many things, including physical access to the water, public access to piers and docks, or development of overlooks providing visual access to the shoreline.
A. 
New and expanded public access to the shore-line that is intended to meet the requirements of this chapter shall comply with the following standards:
1. 
Walkways shall be designed and sited to minimize the amount of native vegetation removal, impact to existing trees, soil disturbance, and disruption of existing habitat corridor structures and functions, according to the requirements in Sections 16.08.110(B) and 16.08.130.
2. 
Where feasible, walkways that are adjacent to other public shoreline access areas such as street ends, walkways, parks and other connections shall maximize the public nature and connectivity of the access.
3. 
Walkways shall minimize intrusions of privacy for occupants and residents of the site, by avoiding locations directly adjacent to residential windows and outdoor private open spaces and recreational amenities.
4. 
Public access shall be indicated by signs installed at each entrance to the public pedestrian walkway, and on the abutting rights-of-way that lead into the development site. Signs shall be located for maximum visibility. Design, materials and mounting requirements shall meet city specifications.
5. 
All public pedestrian walkways and access points shall be in a minimum six-foot-wide easement or tract, or similar legal agreement in a form acceptable to the city attorney, and recorded on the plat or site plan. Easements extending through individual lots shall have required notice on title. Land survey information for these purposes shall be provided by the applicant in a format approved by the shoreline administrator.
B. 
Operation and Maintenance Requirements. The following operation and maintenance requirements apply to all new and expanded public pedestrian walkways and shoreline access points required under this section:
1. 
Hours of Operation. Unless otherwise established by the shoreline administrator, all required pedestrian walkways and shoreline access points shall be open to the public between dawn and dusk.
2. 
The applicant is permitted to secure the subject property outside of the hours of operation by a security gate, subject to the following provisions:
3. 
The gate shall remain unlocked and in an open position during hours of permitted public access.
C. 
Signage shall be included noting the hours of permitted public access.
D. 
The city planning director is authorized to approve temporary closures for maintenance and repair, or if hazardous conditions are present that would affect public safety.
E. 
No certificate of occupancy or final inspection approval shall be issued until all required public access improvements are completed.
F. 
The applicant, and its successor or assigns, shall be responsible for the completion and maintenance of all waterfront public walkways and access points and signage on the subject property, and shall keep these in a safe, accessible, and functioning condition.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)