The definitions contained in this chapter, KMC Title 18 (zoning code), Chapter 90.58 RCW and Chapter 173-26 WAC shall apply within the shoreline jurisdiction. The definitions in Chapter 90.58 RCW and Chapter 173-26 WAC shall apply in shorelines if there is a conflict with the definitions contained in this title and KMC Title 18.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Public access”
means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on waters of the State, and to view the water and the shoreline from adjacent locations.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Accessory use”
means a use typically subordinate in size to the principal use; that would not contribute significantly to traffic generation, noise, or nuisance; and that supports the primary use operation without displacing it. An accessory use may appear as an otherwise permitted, conditional or prohibited use in the use allowances for a given designation. Accessory uses are typically located upon the same lot occupied by a principal use. Examples of accessory uses include: equipment rental (bikes or skis) at a retail bike and ski shop, a secure facility required at an airport, and boat parking at a marina.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Applicant”
means a person who files an application for a development proposal, permit or approval under this title and who is either the owner of the land on which that proposed activity would be located or the primary proponent of the project. A primary proponent shall have the permission of the landowner before proceeding with an application.
(Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.020; Ord. 20-0506 § 3 (Exh. 1))
“Aquaculture”
means the culture or farming of fin fish, shellfish, algae or other plants or animals in fresh or marine waters. Excluded from the definition of aquaculture are related commercial or industrial uses such as wholesale or retail sales, or final processing, packing, or freezing.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Associated wetlands”
means wetlands that are in proximity to lakes, rivers or streams that are subject to the Shoreline Management Act and either influence or are influenced by such waters. Factors used to determine proximity and influence include, but are not limited to: location contiguous to a shoreline water body, presence of a surface connection, including through a culvert, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Average grade level”
is defined in WAC 173-27-030(3) and (11) as now or hereafter amended; as of March 20, 2020, “average grade level” means “the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high-water mark. The “natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. 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.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Berm”
means one or several linear mounds of sand and gravel at or landward of the ordinary high-water mark which are normally stable because of material size or vegetation.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Boat launch”
means an inclined slab, set of pads, rails, planks, or graded slope which extends waterward of the ordinary high-water mark, and is used for transferring watercraft between uplands and the water by means of a trailer, hand, or mechanical device.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Boating facility”
means developments and uses that support access to shoreline waters for purposes of boating, including marinas; community docks or piers serving more than four single-family residences or multifamily units; public piers and docks; and community, commercial or public boat launch facilities.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Breakwater”
means an offshore structure, either floating or not, which may or may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Bulkhead”
means a solid or open pile wall of rock, concrete, steel or timber or other materials or a combination of these materials erected generally parallel to and near the ordinary high-water mark for the purpose of protecting adjacent wetlands and uplands from waves or currents.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Channel migration zone”
means the area within which a river channel can be reasonably predicted to move over a period of time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.The channel migration zone is subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion, and shifts in the location of stream channels.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Critical areas”
means any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitats of importance, frequently flooded areas, geologically hazardous areas, streams, and wetlands, as defined in Chapter 36.70A RCW and this chapter.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Department”
means the city department or outside agency assigned by the city manager to administer a portion of the City code.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Development”
is defined in Chapter 90.58 RCW and WAC 173-27-030 as now or hereafter amended; as of March 20, 2020, “development” means “a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or 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 the Shoreline Management Act at any state of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Dock”
means an anchored walkway or other surface that abuts the shoreline and floats on the water to provide moorage for watercraft or landing for water-dependent recreation. “Dock” is the term which collectively applies to a ramp and float, or it may be comprised of a float only that abuts the shoreline.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Dredging”
means the removal, displacement, and/or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials from the bottom of water bodies, ditches, or wetlands; maintenance dredging and/or support activities are included in this definition.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Ecosystem-wide processes”
is defined in WAC 173-26-020(14) as now or hereafter amended; as of March 20, 2020, “ecosystem-wide processes” means “the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Ell”
means a terminal pier section oriented perpendicular to the pier walkway.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Feasible”
is defined in WAC 173-26-020(15) as now or hereafter amended; as of March 20, 2020, “feasible” means, for the purpose of this title, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:
A. 
The action 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;
B. 
The action provides a reasonable likelihood of achieving its intended purpose; and
C. 
The action does not physically preclude achieving the project’s primary intended legal use.
In cases where this title requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant.
In determining an action’s infeasibility, the department may weigh the action’s relative public costs and public benefits, considered in the short-and long-term time frames.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Fill”
means the addition of soil, sand, rock, gravel, sediment, 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.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Float”
means a structure or device which floats on the surface of the water and which is moored, anchored, or otherwise secured in the waters of the City of Kenmore and which is not directly connected to or abutting the shoreline. A float which is directly connected to or abutting the shoreline is considered a dock.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Floating home”
means a single-family dwelling unit constructed on a float that is moored, anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being towed.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Floodplain”
is defined in WAC 173-26-020(19) as now or hereafter amended; as of March 20, 2020, “floodplain” is synonymous with “100-year floodplain” and means that land area 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 flood ordinance regulation maps, or a reasonable method which meets the objectives of the Shoreline Management Act.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Floodway”
means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which floodwaters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetation ground cover condition. The floodway shall not include lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the State, or the county.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Geotechnical report” or “geotechnical analysis”
is defined in WAC 173-26-020(21) as now or hereafter amended; as of March 20, 2020, “geotechnical report” or “geotechnical analysis” 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 site-specific 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.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Grading”
means the addition, excavation, movement, or redistribution of soil, sand, rock, gravel, sediment or other material on a site in a manner that alters the natural contour of the land.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Groin”
means a barrier-type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Height”
is defined in WAC 173-27-030(9) as now or hereafter amended; as of March 20, 2020, “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 where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Jetty”
means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Marina”
means a marine retail sales and service use, in which a system of piers, buoys, docks or floats is used to provide moorage, primarily for pleasure craft, for sale or rent, usually on a monthly or yearly basis.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
Per WAC 173-26-201(2)(c), the concept of “no net loss” of shoreline ecological functions means that the Kenmore Shoreline Master Program provisions shall, to the greatest extent feasible, protect existing shoreline ecological processes and functions and avoid new adverse impacts to ecological processes and functions. The term “net,” as used herein, recognizes that any development has potential or actual short-term or long-term impacts and that, through application of appropriate development standards and employment of mitigation measures in accordance with the mitigation sequence, those impacts will be addressed in a manner necessary to assure that the end result will not diminish the shoreline resources and values as they currently exist.
(Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.310; Ord. 20-0506 § 3 (Exh. 1))
“Nonconforming use”
means a use that was law-fully established prior to the effective date of these regulations, but which no longer conforms to the applicable regulations of the master program.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Ordinary high-water mark”
means the ordinary high-water mark as defined in Chapter 90.58 RCW as now or hereafter amended; as of March 20, 2020, “ordinary high-water mark” means “that 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: PROVIDED, that in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark shall be the line of mean high water.”
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Pier”
means an over-water, stationary, pile-supported structure that does not float on the water’s surface and provides a location for boat moorage or other water-oriented or water-dependent use.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Ramp”
means a walkway connecting a pier, other shoreward structure or the shoreline to a float and providing access between the two.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Recreational development”
means a private or public development operated and devoted to facilities and equipment for recreational purposes, including but not limited to swimming pools, tennis courts, playgrounds, picnic areas, campgrounds, resorts and other similar uses, whether the use of such area is limited to those paying a fee or free to the public.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Shorelands” or “shoreland areas”
means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all associated wetlands and river deltas subject to the provisions of Chapter 90.58 RCW.
(Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.450; Ord. 20-0506 § 3 (Exh. 1))
A. 
“Shoreline Master Program” consists of the following two elements:
1. 
Shoreline management goals and policies contained in the shoreline subelement of the Ken-more comprehensive plan. The shoreline management goals and policies constitute the official policy of Kenmore regarding areas of the City subject to shoreline management jurisdiction under Chapter 90.58 RCW;
2. 
The shoreline regulations specified in this chapter.
B. 
The following technical and planning information provides a foundation for shoreline policies and regulations, and is intended to aid in implementing and evaluating the Shoreline Master Program:
1. 
The shoreline protection and restoration plan;
2. 
The cumulative impacts analysis, which provides a mechanism for examining the success of meeting the requirement for no net loss of ecological functions;
3. 
The Shoreline Master Program checklist and public involvement process, which shows how Kenmore meets the procedural requirements for updating the Shoreline Master Program; and
4. 
The shoreline inventory and characterization, which includes data and analytic methods used to develop Kenmore’s shoreline inventory and shoreline characterization.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Shoreline modifications”
means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, fill, bulkhead, or other shoreline structure. Shoreline modifications can include other actions, such as clearing, grading, or application of chemicals.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Shoreline stabilization”
means 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 installation or expansion of structures, such as bulkheads, jetties, groins or vegetation, and nonstructural methods, such as relocation of the structure to be protected, or groundwater management.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Shorelines”
means lakes greater than 20 acres and rivers and streams with a minimum of 20 cubic feet per second mean annual flow, including the entire water body waterward from the ordinary high-water mark from its centerline or point, all water below the surface and associated shorelands. Kenmore shorelines are shown on the adopted map entitled Kenmore Shoreline Environment Designations (attached to Ord. 20-0506 as Exhibit 2, and incorporated by reference). If there is a discrepancy between the map and the criteria established in this section, the criteria shall constitute the official Kenmore shoreline jurisdiction.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Sign”
means any letters, figures, design, symbol, light, structure, billboard, trademark or device intended or used to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, merchandise or thing. Excluded from definition and regulation by this title are official traffic signs or signals, official public notices, signs required by law, warning signs, the flag of a government or noncommercial institution such as schools and temporary signs worn or carried by people.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Solid waste”
means all putrescible and nonputrescible solid and semisolid wastes including but not limited to garbage, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and discarded commodities.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
“Water-enjoyment use”
means a recreation use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. The use must be open to the general public.
(Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.610; Ord. 20-0506 § 3 (Exh. 1))
“Water-related use” or “water-related development”
means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent on a water-front location because:
A. 
The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
B. 
The use provides a necessary service supportive of the water-dependent uses, and the proximity of the use to its customers makes its services less expensive and/or more convenient.
(Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.600; Ord. 20-0506 § 3 (Exh. 1))
“Wetlands”
means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wet-lands 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 highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))