This chapter defines requirements for implementation of the Master Program and sets an orderly process for project review and permitting. The development regulations in the Master Program are intended to make shoreline development responsive to specific design needs and opportunities along the City’s shorelines, and to protect the public’s interest in the shorelines’ recreational and aesthetic values.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
The Planning and Community Development Director or designee is the Shoreline Administrator, hereinafter known as the Director, and is vested with authority to:
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Administer the Master Program;
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Approve, approve with conditions, or deny shoreline substantial development permits;
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Grant exemptions from shoreline substantial development permits;
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Determine compliance with Chapter 43.21C RCW, the State Environmental Policy Act (SEPA);
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Adopt rules that are necessary and appropriate to carry out the provisions of this chapter.
The Director’s duties and responsibilities include:
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Making administrative decisions and interpretations of the policies and regulations of this program and the SMA;
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Developing and proposing amendments to this Master Program to more effectively and equitably achieve its goals and policies;
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Seeking remedies for violations of this Master Program, the provisions of the SMA, or the conditions of substantial development permits issued by the City; and
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Forwarding shoreline permits to Washington State Department of Ecology for its approval or disapproval.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
The regulations of this title apply to all areas within the shoreline jurisdiction, including shore-lines of the State, shorelines of statewide significance, their associated wetlands within the City, and to the waters and underlying land of the Puget Sound extending to the middle of Puget Sound adjacent to Kitsap County, between the northern and southern limits of the City, and to shorelands that are 200 feet landward of the ordinary high water mark (OHWM).
B. 
These regulations provide a preference for permit issuance for measures to protect single-family residences occupied prior to January 1, 1992. Nothing in this Master Program shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the State of Washington to the impairment of public rights of navigation, and corollary rights incidental thereto, caused by the retention and maintenance of said structures, improvements, docks, fills, or developments are hereby granted; provided, that the consent herein given shall not relate to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying said waters that are in trespass or in violation of State statutes.
C. 
Regulation of private property to implement Master Program goals, such as public access and protection of ecological functions and processes, must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to, civil rights guaranteed by the U.S. and State constitutions; applicable Federal and State case law; and State statutes, such as RCW 34.05.328 and 43.21C.060 and Chapter 82.02 RCW, as amended from time to time.
D. 
All proposed uses and development, as defined in this division, occurring within the shoreline jurisdiction shall comply with this Master Program and the SMA, whether or not a shoreline permit is required for such use or development.
E. 
Uses and development regulated by this Master Program are subject to applicable provisions of the Shoreline Municipal Code (SMC); the City of Shoreline Comprehensive Plan; the SMA and its implementing regulations; Chapters 173-26 and 173-27 WAC; Growth Management Act; Chapter 36.70 RCW; SEPA; Chapter 43.21C RCW and its implementing regulations; Chapter 197-11 WAC; and other applicable local, State, and Federal laws, as amended from time to time. Project proponents are responsible for complying with all applicable laws prior to commencing any use, development, or activity.
F. 
The Master Program policies and regulations shall apply in addition to other City regulations. Where the regulations of the Master Program conflict with other regulations, the regulations that provide more shoreland and shoreline protection shall apply.
G. 
Nonconforming uses and improvements within the shoreline jurisdiction shall be subject to this program and SMC § 20.220.150.
H. 
All critical areas that are within the shoreline jurisdiction shall be managed and regulated per this Master Program. When a critical area overlaps into the shoreline jurisdiction or is partly within and partly outside of shoreline jurisdiction, only the buffer or setback from the portion of the critical area that is outside of the shoreline jurisdiction is subject to the City’s critical area regulations, Chapter 20.80 SMC.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
This Master Program shall be periodically reviewed and updated as provided in the SMA and the implementing regulations in Chapter 173-26 WAC, as amended from time to time, to reflect changing local circumstances, new information or improved data, and changes in State statutes and regulations.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Amendments shall comply with the applicable procedures set forth in the SMA and the implementing regulations in Chapter 173-26 WAC, including WAC 173-26-104, Optional Joint Review Process, as amended from time to time.
No amendment shall be effective until approved by the Department of Ecology as provided in RCW 90.58.090(7), as amended from time to time.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)