Division III. Shoreline Code
Chapter 16.34
SHORELINE CODE ADMINISTRATION
Sections:
16.34.030 Relationship to other codes and ordinances.
16.34.040 Shoreline environment designations regulations.
16.34.010 Title.
Chapters 16.34 through 16.58 BLMC shall be known as the “shoreline code.” (Ord. 1491 § 5, 2014).
16.34.015 Authority.1
The shoreline code along with the shoreline chapter of the city of Bonney Lake comprehensive plan and the city of Bonney Lake shoreline restoration plan are adopted as the shoreline master program (SMP) for the city of Bonney Lake pursuant to the authority provided in Chapter 90.58 RCW and Chapter 173-26 WAC. (Ord. 1491 § 5, 2014).
16.34.020 Purpose.
The purpose of the SMP is to manage the use and development of the shorelines of the city to:
A. Ensure shoreline development and uses avoid, minimize and mitigate impacts.
B. Ensure “no net loss” of ecological functions.
C. Enable current and future generations to utilize the Lake Tapps reservoir for water dependent recreation.
D. Protect the quality of water and shoreline natural resources to preserve fish and wildlife habitats.
E. Protect the city’s investments as well as those of property owners along and near the shoreline.
F. Efficiently achieve the mandates of the SMA. (Ord. 1491 § 5, 2014).
16.34.030 Relationship to other codes and ordinances.
A. The regulations contained in the shoreline code shall apply as an overlay and in addition to zoning, land use regulations, development regulations, and other regulations established by the city.
B. In the event of any conflict between these regulations and any other regulations of the city, the regulations that provide greater protection of the shoreline ecological function and aquatic habitat shall prevail.
C. Shoreline master program policies, found in the shoreline element of the city’s comprehensive plan, establish intent for the shoreline regulations. (Ord. 1491 § 5, 2014).
16.34.040 Shoreline environment designations regulations.
A. Chapters 16.38 through 16.48 BLMC establish the designation criteria and dimensional standards for each of the five shoreline environment designations (SED) used in the city of Bonney Lake.
B. Chapters 16.50 through 16.54 BLMC establish the development regulations that apply in all of the SEDs. (Ord. 1491 § 5, 2014).
16.34.050 Interpretation.
A. The shoreline administrator may issue interpretations of any provisions of the SMP as necessary to administer the SMP policies and regulations based on the following:
1. The defined or common meaning of the words of the provision.
2. The general purpose of the provision as expressed in the provision.
3. The purpose and intent as expressed in Chapter 90.58 RCW, the guidelines contained in Chapter 173-26 WAC, and the shoreline chapter of the city of Bonney Lake comprehensive plan.
4. Preference shall be given in the following order to uses that:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of the shoreline;
c. Result in long-term over short-term benefit;
d. Protect the resources and ecology of the shoreline;
e. Increase public access to publicly owned areas of the shorelines;
f. Increase recreational opportunities for the public in the shoreline; and
g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
B. Any formal written interpretations of shoreline policies or regulations shall be considered a Type 1 permit.
C. Any formal written interpretations of shoreline policies or regulations shall be submitted to the Department of Ecology for review.
D. An interpretation of the shoreline code shall be enforced as part of this code.
E. All interpretations of SMP shall be filed sequentially and available for public inspection and copying during regular business hours. (Ord. 1491 § 5, 2014).
16.34.060 Construction.
As provided for in RCW 90.58.900, the SMA is exempted from the rule of strict construction; the SMA and the SMP shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the SMA and the SMP were enacted and adopted, respectively. (Ord. 1491 § 5, 2014).
Code reviser’s note: Ordinance 1491 adds this section as BLMC 16.34.010. The section has been editorially renumbered to prevent duplication of numbering.