"Accessory use"
is any structure or use incidental and subordinate to a primary use or development.
Accessory Utility.
See "Utility, accessory."
"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 (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.
"Agricultural equipment" and "agricultural facilities"
includes, but is not limited to:
1. 
The following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, taps, canals, ditches, and drains;
2. 
Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;
3. 
Farm residences and associated equipment, lands, and facilities; and
4. 
Roadside stands and on-farm markets for marketing fruit or vegetables.
"Agricultural land"
means those specific land areas on which agriculture activities are conducted.
"Agricultural products"
includes, but is not limited to, horticultural, vinicultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products.
"Amendment"
means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.
"Aquaculture"
is the culture or farming of food fish, shellfish, or other aquatic plants and animals. Potential locations for aquaculture are relatively restricted within the SMP of Pacific due to specific requirements for water quality, temperature, flows, oxygen content, adjacent land uses, wind protection, and commercial navigation. Aquaculture should not be permitted in areas where it would result in a net loss of ecological functions, or significantly conflict with navigation and other water-dependent uses. Aquaculture facilities should be designed and located so as not to cause significant ecological impacts, or significantly impact the scenic qualities of the shoreline. Impacts to ecological functions shall be mitigated according to the mitigation sequence described in WAC 173-26-020.
"Associated wetlands"
are those wetlands that are in proximity to and either influence or are influenced by shorelines of significance to the state and are, therefore, subject to the Shoreline Management Act.
Average Grade Level.
See the definition of "Grade" in PMC § 21.08.070.
(Ord. 2002 § 4 (Exh. B), 2019)
"Bioengineering"
means the use of biological elements, such as the planting of vegetation, often in conjunction with engineered systems, to provide a structural shoreline stabilization measure with minimal negative impact to the shoreline ecology.
"Boating facilities,"
for the purposes of this master program, means private and publicly accessible launch sites, private and public facilities, including docks and other moorage and any other facility for launching or storing vessels on the water.
"Buffer"
means an area adjacent to a wetland, river, or stream that, generally, functions to protect the public from loss suffered when the functions and values of the wetland, river, or stream are degraded. Specifically, a buffer may:
1. 
Physically isolate the wetland, river, or stream from surrounding areas using distance, height, visual and/or sound barriers;
2. 
Act to minimize risk to the public from loss of life, well-being or property damage resulting from natural disasters associated with the wetland, river, or stream;
3. 
Protect the functions and values of the wetland, river, or stream from adverse impacts of adjacent activities;
4. 
Provide shading, input of organic debris, and coarse sediments, room for variation and changes in natural wetland, river, or stream characteristics;
5. 
Provide habitat for wildlife; and/or
6. 
Provide protection from harmful intrusion.
"Building"
is a structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of any use or occupancy.
"Building height"
means the vertical distance between grade (see "Grade") and the highest part of the coping of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above grade. The height of a stepped or terraced building is the maximum height of any segment of the building. See also "Height."
"Bulkhead"
is a solid or open pile wall, usually constructed of poured-in-place concrete and located parallel to the shore, which has as its primary purpose to contain and prevent the loss of soil by erosion, wave, or current action.
(Ord. 2002 § 4 (Exh. B), 2019)
"Channel migration zone (CMZ)"
means the area within which a river channel is likely to move over a period of time.
"Commercial development"
means those uses that are involved in wholesale, retail, personal service, and business trade. Examples include hotels, motels, banking and other financial services, grocery stores, restaurants, shops, professional offices, and private or public indoor recreation facilities.
"Conditional use"
is a use, development, or substantial development that is classified as a conditional use or is not classified within the master program.
"Consumer Price Index"
means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor.
"Critical areas,"
for the purposes of the SMP, are wetlands within the SMZ, delineated habitat conservation areas (as per Chapter 23.60 PMC), the main stem of the White River.
"Cumulative impacts"
are the results of incremental actions when added to past, present, and reasonably foreseeable future actions. Cumulative impacts can be deemed significant, even though they may be comprised of individual actions having relatively minor impacts.
(Ord. 2002 § 4 (Exh. B), 2019)
"Date of receipt involving approval or denial of a variance or conditional use permit"
is the date the applicant and the city both receive the Department of Ecology's final written decision on the applicant's request for a variance or conditional use permit, as the case may be.
"Date of receipt of a final decision involving approval or denial of a substantial development permit"
is the date the applicant receives written notice of the receipt by the Department of Ecology of the city's final decision on the permit.
"Development"
is a use requiring the construction or exterior alteration of structures; dredging, drilling, dumping, filling, removal of sand, gravel, or minerals; placement of bulkheads, revetments, or similar in-water, over-water, or near-water containment systems; obstructions or any other project of a permanent or temporary nature. "Development" does not include dismantling or removing structures if there is no other associated development or redevelopment.
"Development regulations"
means the controls placed on development or land uses by the city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
"Director"
means the director of the community development department of the city, or his duly authorized designee.
"Dredging"
is the removal of earth, sand, gravel, silt, or debris from the bottom of a river, stream, wetland, or other water body.
"Dwelling"
is any building or portion thereof designed or used primarily for residential occupancy, including single-family units, duplex, triplex, and fourplex units, and multifamily units, but not including hotels or motels (see also "Multifamily" and "Single-family").
(Ord. 2002 § 4 (Exh. B), 2019)
"Ecological functions"
(or "shoreline 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.
"Emergency"
is 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 master program. 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 master program (see RCW 90.58.030(3)(e)(iii)).
"Exempt development"
is 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 master program. 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(3)(e)).
"Exemption certificate"
is a letter issued by the community development department verifying that a project has been deemed exempt from the substantial development permit requirements in accordance with the SMA and the master program.
(Ord. 2002 § 4 (Exh. B), 2019)
"Fair market value"
of a development is 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.
"Feasible"
means, for the purpose of this chapter, that an action, such as a development project, mitigation, or restoration requirement, meets all of the following conditions:
1. 
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;
2. 
The action provides a reasonable likelihood of achieving its intended purpose; and
3. 
The action does not physically preclude achieving the project's primary intended legal use.
In cases where these guidelines require 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 short- and long-term time frames.
"Fill"
means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, an approved flood risk reduction structure (if applicable) on wetlands, or on shorelands in a manner that raises the elevation or creates dry land.
"Final decision"
means an order or ruling on a substantial development permit by the city of Pacific, whether it is an approval or denial, established after all local administrative appeals related to the substantial development permit have concluded or the opportunity to initiate such appeals has lapsed.
"Flood hazard reduction"
is an action taken to reduce flood damage or hazard to uses, development, and shoreline modifications. Flood hazard reduction measures may consist of nonstructural measures such as setbacks, land use controls, wetland restoration, dike removal, use relocation, biotechnical measures, and stormwater management programs. Structural measures may include dikes, levees, revetments, floodwalls, channel realignment, and elevation of structures consistent with the National Flood Insurance Program.
"Flood risk management"
is a program intended to provide protection from encroachment by floodwaters by means of conveyance, control, and dispersal of floodwaters caused by abnormally high direct precipitation or stream/river overflow.
"Floodplain"
is the 100-year floodplain, meaning that land area susceptible to being inundated by stream-derived waters 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 that meets the objectives of the SMA.
"Floodway"
means the area that consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood risk reduction devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.
"Force majeure"
means events or circumstances that prevent or delay compliance with the provisions of the shoreline master program, where such events were (1) beyond that party's control, (2) reasonably unforeseeable, and (3) occurred without the fault or negligence of the affected person, including, but not necessarily limited to, acts of God, earthquakes, fires, lightning, floods and similar natural disasters.
(Ord. 2002 § 4 (Exh. B), 2019)
"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, estimates of rate of erosion, urgency (damage within three years) for proposed project, 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.
"Grade"
means an elevation determined by averaging the finished ground elevations within six feet of points situated every 10 feet along an imaginary line located between the building and the lot line; or where the lot line is more than six feet from the building, between the building and a point six feet from the building. This is also known as "average grade."
"Grading" or "graded"
means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
(Ord. 2002 § 4 (Exh. B), 2019)
"Hearings Board"
means the Shorelines Hearings Board established by the Act.
"Height"
(as per WAC 173-27-030) 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. 2002 § 4 (Exh. B), 2019)
"In-stream structures"
are constructed waterward of the OHWM and either cause or have the potential to cause water impoundment or diversion, obstruction, or modification of water flow. For the purposes of these regulations, breakwaters, jetties and weirs are considered in-stream structures.
"Industrial use"
includes manufacturing, wholesale trade and distribution activities and related accessory uses.
"Industrial use, heavy"
uses typically have the potential of creating substantial noise, smoke, dust, vibration and other environmental impacts or pollution, and involve one or more characteristics such as large and heavy products; large and heavy equipment and facilities (such as heavy equipment, large machine tools, and huge buildings); or complex or numerous processes.
"Industrial use, light"
includes processing, fabricating, assembly, or disassembly of items completely performed on the site and primarily within an enclosed building. Light industrial uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution and include landscaping and buffering from less intense uses such as residential.
(Ord. 2002 § 4 (Exh. B), 2019)
"Landfill"
means 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.
"Local service utilities"
means public or private utilities normally servicing a neighborhood or defined subarea in the city, e.g., telephone exchanges; sanitary sewer; stormwater facilities; distribution lines, electrical less than 55 kV, telephone, cable TV, etc.
(Ord. 2002 § 4 (Exh. B), 2019)
"Marinas"
is defined as commercial or private docks or piers serving five or more vessels.
"Master program"
means the city of Pacific shoreline master program.
"May"
means the action is acceptable, provided it conforms to the provisions of the SMP.
"Mining"
is the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses.
"Multifamily attached residential unit"
is a building containing two or more residential units attached at common walls and located above or below similar units or other uses in a mixed-use development or in a stand-alone residential building without other uses.
Multiple Use.
(This definition for Chapter 21.08 PMC use only.) The combining of compatible uses within one development, in which water-oriented and non-water-oriented uses are included.
"Must"
means a mandate; the action is required.
(Ord. 2002 § 4 (Exh. B), 2019)
"Nonconforming use or site"
means a use which lawfully occupied a building or land at the time the ordinance codified in this title became effective and which does not conform to development regulations not related to the characteristics of a structure governed by the building code but to the use or to facilities provided on a site including, but not limited to, the vegetation conservation, shoreline stabilization, landscaping, parking, fence, driveway, street opening, pedestrian amenity, screening and other regulations of the district in which it is located due to changes in code requirements, or annexation.
"Non-water-dependent uses"
are those uses which are not water-dependent.
"Non-water-oriented uses"
are those uses which are not water-dependent, water-related, or water-enjoyment.
(Ord. 2002 § 4 (Exh. B), 2019)
Open Space.
(This definition for Chapter 21.08 PMC use only.) A land area allowing view, use or passage which is almost entirely unobstructed by buildings, paved areas, or other manmade structures.
"Ordinary high water mark (OHWM)"
is that mark along the river or other bodies of water that can 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, or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the city of Pacific or the Washington State Department of Ecology; 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. 2002 § 4 (Exh. B), 2019)
"Party of record"
means all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.
"Permit"
means any form of permission required under the SMA prior to undertaking activity on shorelines of the state, including substantial development permits, variances, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting, and shoreline exemptions.
"Pier"
is a general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. This definition does not include over-water trails.
Planned Urban Development.
(This definition for Chapter 21.08 PMC use only.) Special contractual agreement between the developer and a governmental body governing development of land.
"Priority shoreline use"
is a use given preference by the Shoreline Management Act and the master program. These uses are water-dependent or water-related, and provide public access and recreational use of the shoreline. Priority shoreline use includes single-family residential and other uses that provide an opportunity for substantial numbers of people to enjoy the shoreline.
"Priority species"
means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.
1. 
Criterion 1: State-listed or state-proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State-proposed species are those fish and wildlife species that will be reviewed by the Washington Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
2. 
Criterion 2: Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.
3. 
Criterion 3: Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
4. 
Criterion 4: Species listed under the federal Endangered Species Act as proposed, threatened, or endangered.
"Provisions"
mean policies, regulations, standards, guideline criteria, or environment designations.
"Public access"
is a means of physical and/or visual approach to and along the shoreline available to the general public.
"Public interest"
means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development.
"Public trust doctrine"
is the principle that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust is not invalidated by private ownership of the underlying land. The doctrine limits public and private use of tidelands and other shorelands to protect the public's right to use the waters of the state. The public trust doctrine does not allow the public to trespass over privately owned uplands to access the tidelands. It does, however, protect public use of navigable water bodies below the ordinary high water mark. Protection of the trust is a duty of the state, and the Shoreline Management Act is one of the primary means by which that duty is carried out. The doctrine requires a careful evaluation of the public interest served by any action proposed. This requirement is fulfilled in major part by the planning and permitting requirements of the Shoreline Management Act.
(Ord. 2002 § 4 (Exh. B), 2019)
"Recreational development"
means commercial and public facilities designed and used to provide recreational activities such as hiking, fishing, photography, viewing, and bird-watching. It also includes facilities for active or more intensive uses, such as parks with sports facilities, and other outdoor recreation areas.
"Replacement stabilization measure"
means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.
"Residential development"
means one or more buildings, structures, lots, parcels or portions thereof that are designed for and used or intended to be used to provide a place of abode for human beings, including single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, mobile home parks, other similar attached dwellings, condominiums, subdivisions and short subdivisions, together with accessory uses and structures normally applicable to residential uses including, but not limited to, garages, sheds, parking areas, fences, and guest cottages. Residential development does not include hotels, motels or any other type of overnight or transient housing, recreational vehicle parks, or camping facilities.
"Restore," "restoration," or "ecological restoration"
means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including but not limited to revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.
(Ord. 2002 § 4 (Exh. B), 2019)
"Setback"
means a measured distance from the ordinary high water mark (OHWM) of the White River, unless specifically indicated otherwise, i.e., a setback measured from the toe of the landward side of a dike or top of the waterward side of a dike.
"Shall"
means a mandate; the action must be done.
"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 wetlands and river deltas associated with the streams, lakes, and tidal waters that are subject to the provisions of RCW 90.58.030; the same as to location by the Department of Ecology.
"Shoreline areas"
mean all "shorelines of the state" and "shorelands."
"Shoreline Management Act of 1971 (SMA)"
is the state law codified as Chapter 90.58 RCW.
"Shoreline master program" or "master program"
means the comprehensive use plan for a described area (see "Shorelands"), and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020.
As provided in RCW 36.70A.480, the goals and policies of a shoreline master program approved under Chapter 90.58 RCW shall be considered an element of the city's comprehensive plan (city of Pacific comprehensive plan). All other portions of the shoreline master program adopted under Chapter 90.58 RCW, including use regulations, shall be considered a part of the city's development regulations (Pacific Municipal Code).
"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, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.
"Shoreline setback line"
is the line that establishes the limits of all buildings, structures, and fencing along the shoreline.
"Shoreline stabilization"
means structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as currents, floods, tides, wind, or wave action.
"Shorelines of statewide significance"
means those natural rivers or segments thereof west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 1,000 cubic feet per second or more (see RCW 90.58.030(2)(e)).
"Should"
means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action. The director, in consultation with the DOE, shall make the determination about whether or not an applicant has demonstrated that there is a compelling reason against taking an action.
"Sign"
is a device of any material or medium, including structural component parts, that is used or intended to be used to attract attention to the subject matter for advertising, identification, or informative purposes. Examples of temporary signs include: real estate signs, directions to events, political advertisements, event or holiday signs, construction signs and signs advertising a sale or promotional event.
"Single-family attached residential units"
are townhouses, attached at a common wall, but not above or below another unit (see "Multifamily attached residential unit").
"Single-family detached residential unit,"
when considering shoreline exemptions, is a structure designed for and occupied exclusively by one family and the household employees of that family.
"SMA"
is the Shoreline Management Act of 1971.
"SMP"
is the city of Pacific shoreline master program.
"State Master Program"
means the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by the department.
"Stormwater BMPs"
are science-based "best management practices" for controlling surface water runoff.
"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.
"Substantial development"
means (1) any development of which the total cost or fair market value exceeds $7,047, as adjusted for inflation by the office of financial management, or (2) any development which materially interferes with the normal public use of the water or shorelines of the state.
(Ord. 2002 § 4 (Exh. B), 2019)
"Transmit"
means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.
(Ord. 2002 § 4 (Exh. B), 2019)
"Upland"
is the area above and landward of the ordinary high water mark.
"Utility"
means a public or private agency which provides a service that is utilized or available to the general public (or a location-specific population thereof). Such services may include, but are not limited to, stormwater detention and management, sewer, water, telecommunications, cable, electricity, and natural gas.
"Utility, accessory"
means utilities that are small-scale distribution services connected directly to the uses along the shoreline and are not carrying significant capacity to serve other users that are not located in the shoreline jurisdiction.
(Ord. 2002 § 4 (Exh. B), 2019)
"Variance"
is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.
"Vessel"
includes 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.
(Ord. 2002 § 4 (Exh. B), 2019)
"Water-dependent use"
means a use or portion of 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 operations.
"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 for enjoyment or recreational use 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 visual and physical qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
"Water-oriented use"
means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.
"Water quality"
means the physical characteristics of water within shoreline jurisdiction, including water quantity and hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this master program, the term "water quantity" refers only to development and uses regulated under this title and affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this master program, does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
"Water-related use"
means a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because:
1. 
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
2. 
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.
"Wetlands"
means areas that are inundated or saturated by surface water or groundwater 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 highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.
(Ord. 2002 § 4 (Exh. B), 2019)