A. 
All uses in the shoreline jurisdiction must comply with all City code provisions and with the Kenmore Shoreline Master Program. For a principal use to be permitted in the shoreline, it must be a permitted use in the underlying zone, and must be listed as a permitted or conditional use in KMC § 16.50.030. This section may not authorize a land use that is not allowed by the underlying zoning, but may add restrictions or conditions or prohibit specific land uses within the shoreline jurisdiction.
B. 
Uses not specifically addressed in KMC § 16.50.030 may be permitted as conditional uses in the shoreline jurisdiction, provided the use meets the criteria for a shoreline conditional use permit and is compatible with the underlying zoning.
C. 
When there is a conflict between permitted land uses, preference for shoreline uses shall first be given to water-dependent uses, then to water-related uses, then to water-enjoyment uses, and finally to non-water-oriented uses.
D. 
KMC § 16.50.040 through 16.50.090 provide additional shoreline use requirements for specific uses as identified in the shoreline use table.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
A. 
The shoreline use table in KMC § 16.50.030 indicates whether a specific use is allowed within each of the shoreline environment designations and whether it is permitted outright or allowed only as a shoreline conditional use. The process through which a use or development may be permitted is defined under procedures in Chapter 16.75 KMC.
B. 
In the table, shoreline environment designations are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment designation and whether additional use criteria apply. The table should be interpreted as follows:
1. 
If the letter “P” appears in the box at the intersection of the column and the row, the use may be permitted within the shoreline environment designation if the underlying zoning also allows the use.
2. 
If the letter “C” appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment designation subject to the shoreline conditional use review procedures specified in Chapter 16.75 KMC, and only if the underlying zoning allows the use.
3. 
If the letter “X” appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment designation. These uses may not be authorized through a conditional use, shoreline exemption, or shoreline variance.
4. 
If the letter “U” appears in the box at the intersection of the column and the row, the use is subject to the same review process and standards as the immediately adjacent upland shoreline environment designation.
5. 
If a number appears after the letter “P,” “C” or “U” in the box at the intersection of the column and the row, additional use criteria apply. The use may be permitted subject to the appropriate review process in this section only if the specific use criteria indicated with the corresponding number immediately following the table are satisfied, and only if the underlying zoning allows the use. If more than one number appears at the intersection of the column and row, both numbers apply.
6. 
Definitions of italicized uses in the table may be found in Chapter 18.20 KMC.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
A. 
Shoreline Use Table.
Shoreline Use Table
KEY
P – Permitted Use
C – Shoreline Conditional Use
X – Prohibited Use
U – Same use allowances as in adjacent upland environment
DOWNTOWN WATERFRONT
SWAMP CREEK COMMERCIAL
SHORELINE RESIDENTIAL
URBAN CONSERVANCY
NATURAL
AQUATIC
Adult entertainment business
P2
P2
X
X
X
X
Air transportation service
X
X
X
X
X
C12
Ambulatory surgery center
X
X
X
X
X
X
Animal kennel/shelter
X
X
X
X
X
X
Arts, entertainment, indoor
P2
P2
X
P16
X
X
Arts, entertainment, outdoor
P2
P2
X
P2
P6
X
Auction house
X
X
X
X
X
X
Automotive sales and service, marine
P2
P2
X
X
X
U3
Automotive sales and service, nonmarine
X
X
X
X
X
X
Business service, intensive
X
X
X
X
X
X
Business service, standard
P2
P2
X
X
X
X
Cannabis business
P2
P2
X
X
X
X
Cannabis cooperative
X
X
X
X
X
X
Cemetery, columbarium or mausoleum
X
X
X
X
X
X
College/university
P3
P3
P3
P3
X
U
Community residential facility
P2
P2
P2
X
X
X
Construction and trade
X
X
X
X
X
X
Day care
P2
P2
X
X
X
X
Eating and drinking place
P2
P2
X
P16
X
X
Educational service
P2
P2
P2
P2
X
X
Family child-care home
X
X
P17
P17
C17
X
Fire or police facility
P3
P3
P3
C3
X
U
Funeral home/crematory
X
X
X
X
X
X
Health care and social assistance
P2, 13
P2, 13
X
P2, 13
X
X
Hospital
X
X
X
X
X
X
Laboratory
P2
P2
X
X
X
X
Manufactured housing community
X
X
C14
X
X
X
Manufacturing, heavy
X
X
X
X
X
X
Manufacturing, light
P2
P2
X
X
X
X
Mobile food service
P2
P2
X
P2
X
P3
Multiple-family dwelling
P17
P17
P17
P17
X
X
Office
P2
P2
X
P2
X
X
Park, non-water-oriented
X
X
X
X
X
X
Park, water-oriented. See also KMC § 16.50.050, 16.50.070, and 16.55.050.
P
P
P
P
P6
P3
Personal service
P2
P2
X
P2
X
X
Recreational facility, indoor, commercial. KMC § 16.50.070 does not apply to this use.
P2
P2
X
X
X
X
Recreational facility, outdoor, commercial. See also KMC § 16.50.050, 16.50.070, and 16.55.050.
P4, 15
P4, 15
P5, 15
P5, 15
P6
P3
Regional land use, except for airport and ferry terminal, which are described below.
C2, 7
C2, 7
X
X
X
C3
Airport
C12
X
X
X
X
C12
Ferry terminal
C
X
X
X
X
C
Religious institution
P2
P2
X
X
X
X
Resource land use, except for aquaculture, which is described below.
X
X
X
X
X
X
Aquaculture. See also KMC § 16.50.040.
X
X
X
X
X
C1
Retail sales
P2
P2
X
P16
X
X
Retail sales, bulk
X
P2
X
X
X
X
Secure facility
X
X
X
X
X
X
Single detached dwelling unit
X
X
P17
P17
C17
P8
Standalone parking
C11
C11
X
C11
X
X
Supportive living facility
P2
P2
P2
X
X
X
Temporary lodging
P2
P2
X
X
X
X
Transportation services
C2
C2
X
X
X
X
Transportation facilities
C9
C9
C9
C9
C9
C9
Utility facility. See also KMC § 16.50.080.
P10
P10
P10
P10
P10
P3, 10
Vehicle or equipment rental
P3, 16
X
X
P3, 16
X
P3, 16
Vehicle refueling station
P2
P2
X
X
X
C3
Warehousing
X
X
X
X
X
X
Wholesale trade
P2
P2
X
X
X
X
B. 
Shoreline Use Criteria (Footnotes to Shoreline Use Table in Subsection A of this section).
1. 
Aquaculture may be allowed only in Lake Washington and only under the following conditions:
a. 
Aquaculture operations are located at least 500 feet from the Shoreline Residential and Downtown Waterfront Environments.
b. 
Aquaculture operations waterward of the Natural Environment and Urban Conservancy Environment are limited to activities that do not require structures, facilities or mechanized harvest practices.
2. 
Only if consistent with KMC § 16.50.075, Commercial, light manufacturing and institutional uses.
3. 
Only the water-dependent portion of the use shall be allowed in the shoreline environment.
4. 
Water-oriented recreational uses accessible to the public may be allowed together with accessory recreation facilities that provide water enjoyment for substantial numbers of persons. All other commercial outdoor recreational uses shall be prohibited.
5. 
In Urban Conservancy and Shoreline Residential Environments, boating facilities shall be allowed. Golf course shall be a conditional use in the Urban Conservancy Environment. All other commercial outdoor recreational uses shall be prohibited.
6. 
In the Natural Environment, only water-oriented passive and low-impact uses, including public access trails, shall be allowed.
7. 
Wastewater treatment facilities and municipal water production uses, except for in-water uses, shall be allowed only on Lake Washington shorelines and are prohibited on shorelines of the Sammamish River and Swamp Creek.
8. 
New overwater residences, including floating homes, are prohibited except for live-aboards. They may be allowed; provided, that:
a. 
They are for single-family use only;
b. 
They are located in a marina that provides shower and toilet facilities on land and there are no sewage discharges to the water;
c. 
Live-aboards do not exceed 10 percent of the total slips in the marina;
d. 
They are owner-occupied vessels; and
e. 
There are on-shore support services in proximity to the live-aboards.
9. 
Only if consistent with KMC § 16.50.085, Transportation facilities.
10. 
Utility facilities may be located within the shoreline jurisdiction if there is no feasible alternate location, the alternative would result in unreasonable and disproportionate cost, or the facility is necessary to serve adjacent shoreline uses. In no case are propane/compressed natural gas/liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users permitted.
11. 
Commuter parking only, and only if it is designed to serve a passenger ferry system or regional transit. The use must meet the standards in KMC § 16.45.040.
12. 
Helistops and heliports are prohibited.
13. 
Veterinary clinics are prohibited.
14. 
Except for manufactured housing communities existing as of March 20, 2020, which are permitted outright.
15. 
Marinas are prohibited on shorelines of the Sammamish River and Swamp Creek.
16. 
Only when accessory to a park or recreational facility and related to water access or to water enjoyment for substantial numbers of persons.
17. 
Only if consistent with KMC § 16.50.090, Residential uses.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1); Ord. 24-0607 § 2 (Exh. A(II)))
A. 
Any structure used for aquaculture that is placed waterward of the ordinary high-water mark shall be placed so as not to:
1. 
Be a significant hazard to navigation;
2. 
Cause significant damage to neighboring properties;
3. 
Be a significant hazard to divers and boaters who may frequent the area.
B. 
Any byproducts of the aquatic resources facility which are discharged into the water shall not degrade the quality of the recipient water body.
C. 
Aquaculture shall be installed with minimum disturbance to banks and channels and shall not cause extensive erosion or accretion along adjacent shorelines.
D. 
Aquaculture facilities should be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
Boating facilities shall meet the following standards:
A. 
The facility shall be designed and operated so that there is no net loss of ecological function in the shoreline;
B. 
The streets serving the proposed facility must be adequate to accommodate traffic generated by such a facility safely and conveniently;
C. 
The facility shall provide adequate parking in accordance with underlying zoning requirements. Long-term parking areas shall be located away from the water. Short-term loading areas, however, may be located near berthing areas;
D. 
All boating facilities shall be sited and designed to protect rights of navigation;
E. 
A marina must have provisions available for cleanup of accidental spills of contaminants;
F. 
Lavatory facilities connected to a sanitary sewer and adequate to serve the marina shall be provided;
G. 
Self-service sewage pumpout facilities or the best available method of disposing of sewage wastes and appropriate disposal facilities for bilge wastes shall be provided at marinas having in excess of 3,500 lineal feet of moorage or slips large enough to accommodate boats larger than 20 feet in length, and shall be located so as to be conveniently available to all boats. An appropriate disposal facility for removal of bilge wastes shall be either a vacuum apparatus, or oil-absorbent materials and waste receptacles;
H. 
Untreated sewage shall not be discharged into the water at any time. Treated sewage shall not be discharged while boats are moored;
I. 
Public access shall be provided in accordance with KMC § 16.45.050;
J. 
The design shall be compatible with adjacent development;
K. 
Covered moorage may only be permitted for vessel repair facilities; and
L. 
Extended moorage on waters of the State without a lease or permission is prohibited.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
A. 
Permitted recreational development in all environments must meet the following standards:
1. 
Recreational development allowed in shoreline jurisdiction should be primarily related to water access or to enjoyment of the water by substantial numbers of persons. Non-water-oriented park and commercial outdoor recreational uses and modifications should be located outside of shoreline jurisdiction or, if accessory to a water-oriented recreational development, upland of water-oriented uses and modifications if a location outside of shoreline jurisdiction is not feasible.
2. 
Parks and commercial outdoor recreation facilities shall be located, designed and operated in a manner consistent with the purpose of the shoreline environment designation in which they are located and such that no net loss of shoreline ecological functions or ecosystem-wide processes results.
3. 
Vehicular access, parking and restrooms should be located outside the shoreline jurisdiction; if infeasible to locate outside of the shoreline jurisdiction, such facilities shall be located as far from the shoreline as is feasible.
4. 
Removal of native vegetation for recreational development and uses shall be the minimum necessary.
B. 
Water-dependent recreational development in all shoreline environments must meet the following standards:
1. 
The construction of water access structures waterward of the ordinary high-water mark shall be governed by the regulations relating to water access structure construction in KMC § 16.55.050.
2. 
Swimming areas shall be separated from boat launch areas and marinas, to the maximum extent practical, consistent with KMC § 16.55.050(C).
3. 
New or expanded swimming facilities shall only be permitted if there is an ongoing water quality testing program guided by a monitoring plan approved by the city manager to ensure public safety.
C. 
Public Access Trails.
1. 
Public access trails within shoreline buffers shall be regulated by the provisions of Chapter 18.55 KMC.
2. 
Trails shall be designed primarily for nonmotorized use and should be no wider than is necessary to accommodate expected pedestrian traffic.
D. 
Allowances for Water-Oriented Park and Commercial Outdoor Recreational Facilities in Shoreline Buffers. In recognition of the existing conditions of current and planned City shoreline parks and public or publicly accessible commercial outdoor recreational facilities, the following standards shall guide new development and redevelopment of water-oriented park and outdoor recreational facilities in shoreline buffers. For any allowed development or modification within a buffer, applicants shall submit a plan that addresses compliance with each of the following applicable standards. The City may review and condition the project to more fully implement the standards below:
1. 
Water-dependent park and commercial outdoor recreation facilities, such as water-access structures and swimming beaches, are allowed in buffers consistent with KMC § 16.65.020(C)(1).
2. 
Certain uses and modifications may be allowed within buffers if they support water-oriented parks and commercial outdoor recreation facilities and demonstrate consistency with subsections (D)(3) through (5) of this section. The city manager has the discretion to decide if a proposed use or modification supports water-oriented public access and outdoor recreation, and shall consult the definition of water-oriented in KMC § 16.10.610.
3. 
New or expanded water-oriented development and facilities that support water-enjoyment shall follow mitigation sequencing to protect existing riparian areas and other critical areas. Unavoidable impacts shall be mitigated consistent with the requirements in KMC § 18.55.190 through 18.55.220, 18.55.330 and 18.55.430 such that there is no net loss of shoreline ecological processes or functions.
4. 
If parking improvements supporting water-oriented parks and commercial outdoor recreation facilities cannot comply with KMC § 16.45.040, parking within buffers shall be limited to that necessary to provide vehicle access to boat launches. New or improved pollution-generating impervious surfaces shall provide water quality treatment consistent with the City’s adopted Surface Water Design Manual.
5. 
New and expanded recreational development in shoreline jurisdiction shall be located to avoid and minimize intrusion into riparian areas, as well as avoid tree and shrub removal. Necessary tree removal shall be mitigated at a 3:1 ratio, with an emphasis on use of native conifers placed to maximize ecological benefits to the shoreline water body.
E. 
In the Natural Environment, recreational development shall meet the following standards:
1. 
Trails shall be designed primarily for pedestrian access, including access by wheelchair where appropriate, and should be no wider than is necessary to accommodate expected pedestrian traffic;
2. 
Removal of native vegetation for recreational uses shall be the minimum necessary to provide pedestrian access and limited visual access to the shoreline; and
3. 
Public contact with unique and fragile areas shall be permitted where possible without destroying the natural character of the area.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
A. 
Water-dependent and water-related commercial, light manufacturing and institutional uses shall be permitted subject to the applicable requirements and conditions of KMC § 16.50.030(A) and (B). Non-water-dependent and non-water-related uses shall be permitted only if the use meets the standards of subsections (A)(1) and (2) of this section:
1. 
The use is:
a. 
Part of a mixed use development that includes a water-dependent use and in which at least 50 percent of the land area within the shoreline jurisdiction on the project site is in a water-dependent use or water-related use (including uses accessory to a water-dependent use that are fully incidental and subordinate to the water-dependent use), dedicated public access, or substantial shoreline habitat enhancement consistent with KMC § 16.60.010; or
b. 
A new or expanding use in a commercial zone along the Swamp Creek shoreline north of Northeast Bothell Way, where the existing development does not conform with current shoreline buffer provisions of KMC § 16.65.020 and where the proposed development would substantially increase the width and enhance the habitat quality of the buffer along Swamp Creek; or
c. 
On a site physically separated from the shoreline by another property or public right-of-way; or
d. 
At a shoreline location where navigability is severely limited and the use provides a significant public benefit per subsection (A)(2) of this section.
2. 
The development provides a significant public benefit to help achieve any of the following shoreline element goals:
a. 
Economic development for uses that are water-dependent;
b. 
Public access beyond that required by KMC § 16.45.050;
c. 
Water-oriented recreation;
d. 
Multimodal, water-dependent transportation circulation;
e. 
Conservation or restoration of critical areas, scenic vistas, or fish and wildlife habitat; or
f. 
Preservation of historic properties.
B. 
Existing non-water-dependent uses may be expanded, provided the expansion complies with all development standards and the project includes ecological enhancement consistent with KMC § 16.60.010.
C. 
Commercial, light manufacturing or institutional development proposals shall be designed or conditioned to ensure no net loss of shoreline ecological functions, and no significant adverse impact to other shoreline uses, resources and values provided for in RCW 90.58.020, such as navigation, recreation and public access.
D. 
Non-water-dependent commercial, light manufacturing or institutional uses should not be allowed over water except in existing structures or in the limited instances where they are accessory to and necessary in support of water-dependent uses.
(Ord. 20-0506 § 3 (Exh. 1))
The following standards apply to utility uses within the shoreline environment:
A. 
Stormwater and sewage outfalls may be permitted in shoreline environments if upland treatment and infiltration to groundwater, streams or wetlands is not feasible per WAC 173-26-020 and there is no long-term adverse impact on salmon spawning, rearing or migration habitat;
B. 
Water intakes shall not be permitted near fish spawning, migration, or rearing areas;
C. 
Water intakes shall comply with Washington Department of Fish and Wildlife fish screening criteria, and to the maximum extent practical, intakes shall be placed at least 30 feet waterward of the ordinary high-water mark;
D. 
Cable crossings for telecommunications and power lines and pipelines for oil, gas, water and other utilities shall:
1. 
Use the best available technology to protect health, safety, and the environment;
2. 
Be routed through sites that are already free of vegetation, such as existing roadways, or attached to existing bridges, to the greatest extent feasible;
3. 
Avoid critical aquatic habitat to the greatest extent feasible;
4. 
If crossing beneath a streambed, utilities shall be designed to avoid streambed mobilization and adverse impacts on groundwater flow, be placed in a sleeve or conduit that allows replacement without need for additional excavation, and return grades to existing or better condition that provides for normal floodwater flow; and
5. 
Provide mitigation for impacts to shoreline ecological functions.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
A. 
New highway and street construction is allowed in the shoreline environment only if:
1. 
There is no feasible alternate location;
2. 
Pedestrian, bicycle and public transport needs are addressed; and
3. 
When located in the Natural Environment, the use is low-intensity transportation infrastructure.
B. 
Highway and street infrastructure that must be located in water or over water, such as bridges and bridge supports, may be permitted; provided, that the priorities of the Kenmore shoreline restoration plan are considered in designing mitigation for impacts from the project.
C. 
Transportation facilities shall employ mitigation sequencing specified in Chapter 18.55 KMC to avoid and mitigate for impacts to critical areas.
D. 
Bridges, when necessary, should span open water and floodways.
E. 
Roadways and bridges should be designed to avoid placement of fill or structures that would restrict floodplain capacity or limit channel migration.
F. 
Construction of private bridges should be minimized, and shared access should be required whenever feasible, including when subdivision would create new lots requiring access by bridge.
G. 
Expansion of existing highways and streets in the shoreline jurisdiction shall be permitted without a conditional use permit only if the following criteria are met:
1. 
The expansion is included in the transportation element of the comprehensive plan, neighborhood transportation plan, transportation improvement program, ADA compliance plan, or target zero strategy implementation.
2. 
The expansion does not require acquisition of private property that was unanticipated in the plans under subsection (G)(1) of this section.
3. 
The expansion is located within existing rights-of-way or other City-managed land.
4. 
Alteration and/or fill is the minimum necessary to construct such facilities to meet established safety standards and all applicable SMP standards can be met.
5. 
Disturbed areas are restored immediately after the use of construction equipment.
If these criteria cannot be satisfied, expansion may only be permitted after approval of a conditional use permit.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))
A. 
Multiple-family dwellings shall be permitted in the Downtown Waterfront, Swamp Creek Commercial and Urban Conservancy Environments only if the use meets the standards of subsections (A)(1) and (2) of this section:
1. 
The use is:
a. 
Part of a mixed use development that includes a water-dependent use and in which at least 50 percent of the land area within the shoreline jurisdiction on the project site is in a water-dependent use or water-related use (including uses accessory to a water-dependent use that are fully incidental and subordinate to the water-dependent use), dedicated public access, or substantial shoreline habitat enhancement consistent with KMC § 16.60.010; or
b. 
A new or expanding use in a commercial zone along the Swamp Creek shoreline north of Northeast Bothell Way, where the existing development does not conform with current shoreline buffer provisions of KMC § 16.65.020 and where the proposed development would substantially increase the width and enhance the habitat quality of the buffer along Swamp Creek; or
c. 
On a site physically separated from the shoreline by another property or public right-of-way; or
d. 
At a shoreline location where navigability is severely limited and the use provides a significant public benefit per subsection (A)(2) of this section.
2. 
The development provides a significant public benefit to help achieve any of the following shoreline element goals:
a. 
Economic development for uses that are water-dependent;
b. 
Public access beyond that required by KMC § 16.45.050;
c. 
Water-oriented recreation;
d. 
Multimodal, water-dependent transportation circulation;
e. 
Conservation or restoration of critical areas, scenic vistas, or fish and wildlife habitat; or
f. 
Preservation of historic properties.
Existing multiple-family dwellings may be expanded, provided the expansion complies with all development standards and the project includes ecological enhancement consistent with KMC § 16.60.010.
B. 
Residential accessory uses must meet the following standards:
1. 
Non-water-dependent accessory structures other than below-grade swimming pools shall be limited to a 150-square-foot footprint.
2. 
Below-grade swimming pools shall be sited and designed so that they do not adversely affect the flow of groundwater or endanger unstable slopes.
3. 
Accessory structures shall be sited to preserve visual access to the shoreline from adjacent properties and public rights-of-way to the maximum extent practical.
4. 
Non-water-dependent accessory structures and facilities such as sheds, gazebos, swimming pools, and driveways shall not be located in vegetation conservation areas described in Chapter 16.60 KMC.
5. 
Foot ramps, stairs, and paths to provide pedestrian access to a dock, pier, boat launch, or beach may be allowed in the vegetation conservation areas described in Chapter 16.60 KMC, but shall be limited to a maximum width of five feet and shall avoid native vegetation removal to the maximum extent practicable.
(Ord. 12-0334 § 3 (Exh. 1); Ord. 20-0506 § 3 (Exh. 1))