Chapter 18.40
SPECIAL SUBJECT MATTER
Sections:
18.40.010 Waterfront structures.
18.40.020 Swimming pools and spas.
18.40.040 Nonconforming structures and uses.
18.40.010 Waterfront structures.
It is the intent of this section to permit the use of water frontage for boat moorage and the construction of reasonably appropriate waterfront facilities on waterfront lots, while at the same time ensuring that such right be exercised in a manner to cause minimum interference with the rights of adjoining property owners to reasonable access to their waterfront structures and to prevent undue interference by piers and moorages and structures to the waterfront use and view from adjoining properties.
(1) Moorage, Moorage Facilities and Bulkheads. Moorage of boats, moorage facilities, including piers, wharves, platforms, ramps, dolphins, buoys, and quays for the moorage or temporary storage of private pleasure boats, or aircraft, and bulkheads or quays for the prevention of shoreline erosion are permitted on waterfront lots, subject to:
(a) Approval of appropriate government agencies, having jurisdiction in the matter;
(b) Approval of the town building official or other person to whom this responsibility may be delegated by the mayor as to structural stability and safety of the structure;
(c) Approval of the hearing examiner, federal and state authorities, when required, in compliance with the requirements of this title and state law regarding development on and adjoining the shorelands of Lake Washington; and
(d) Approval by the hearing examiner to assure that the intent of this section has been met; provided, that such approval shall not be required for the repair of waterfront structures which conform with all of the requirements of the zoning code or for the repair of nonconforming waterfront structures if such repair does not exceed the limits on repair to nonconforming structures established in the zoning code.
(2) Setback from Side Lot Line. Private piers or other moorage facilities shall be set back 10 percent of the lot width at the waterfront with a minimum of 10 feet from the side property lines, including lakeward extensions of the property lines except when, by the mutual agreement of adjoining property owners, set forth by reciprocal easement recorded with the King County auditor, moorage facilities for use by both property owners may be built on or straddling the common side line of the adjoining owners’ property.
(3) Length Limit and Storage Boxes, Moorage Facilities. Piers shall be permitted to extend waterward a maximum of 100 feet from the shoreline and one storage box only shall be permitted on a pier which shall not exceed two feet in height and contain 40 cubic feet or less, all dimensions being calculated from the exterior surface of said structures.
(4) Covered Moorage Building Zone (see illustration, Appendix C). The covered portion of a moorage facility shall be limited to the zone bounded by the shoreline, a line 100 feet beyond the shoreline, a setback from each side lot line equal to 10 feet or 10 percent of the lot width, measured at the shoreline, whichever is the greater, and portions of the sides of a triangle of which:
(a) The altitude lies along the lot centerline;
(b) The base, drawn at right angles to the altitude, crosses the lot centerline, where it intersects with a straight line that connects the points where the side lot lines join the shoreline. The ends of the base line lie on the side lot lines or extensions thereof; and
(c) The sides are drawn to form an equilateral (equal-sided) triangle, except that, if the vertex of the triangle so drawn is less than 100 feet from the base line of such triangle, an isosceles triangle (two equal sides) shall be drawn with an altitude of 100 feet.
(5) Height Limit, Waterfront Structures. Pier decks shall not be less than one nor more than four feet above Lake Washington high water level datum, which is 22 feet above mean lower low water of Puget Sound as established by the U.S. Army Corps of Engineers, which corresponds to the elevation of 28.93 feet as determined by the Sea Level Datum of 1929. Covers over moorage and/or moorage facilities shall not exceed a maximum height of 16 feet above the Lake Washington high water level datum.
(6) Covered Moorage Area Limit. Covered moorage structures in no event shall exceed in projected area more than 50 percent of the covered moorage building zone, or 1,200 square feet, whichever is the lesser. Where a covered moorage is built pursuant to the agreement of adjoining owners and subject to the limitations of such an agreement, the covered moorage area shall not exceed the sum of such areas permissible for each of the individual zoning lots, and the covered moorage zone shall be deemed to include the zones established for each building lot augmented by the area between such zones formed by adjacent sides of such zones, the shoreline, and a straight line connecting the outermost points of the respective zones.
(7) Bulkheads.
(a) No bulkhead shall be constructed beyond the existing shoreline. All bulkheads shall mate with the respective neighbors’ bulkheads at the lot line, if such bulkheads already exist.
(b) All existing bulkheads shall be deemed to be constructed as a matter of right and may be replaced or repaired, but such replacing or reconstructions shall not extend further into the lake than the said existing bulkheads.
(c) The height of any bulkhead shall not be greater than three feet above Lake Washington high water level datum which is 22 feet above mean lower low water of Puget Sound as established by the U.S. Army Corps of Engineers, and when connecting to existing bulkheads, shall have a gradual height transition to meet evenly with the height of any existing adjacent bulkheads at the lot line.
(d) Where a bulkhead line was established in any zone or district by a plat approved prior to the effective date of the ordinance codified in this title, then such line shall be deemed to be the permissible location for any bulkhead constructed in such plat. The required front yard for any waterfront lots in such plat shall be measured from such bulkhead line, rather than the shoreline. No structure extending above grade shall be constructed or placed in any such front yard in such plat.
(8) Construction Requirements. All waterfront structures built over water shall be constructed on piles or floats and utilize dimensioned lumber or other rigid, finished, manufactured materials. No piling shall extend higher than five feet above a pier or wharf deck, except for specific uses such as the mast of a derrick or hoist for lifting boats out of the water, for post hoist for cradling small boats when housed within a covered moorage, or for diving platform or slide. Piling may be used to support a roof. No roofed waterfront structure shall have sides whether permanent or temporary. Pitched or sloped roofs shall not be designed or constructed so as to constitute sides.
(9) Boat Hoists. Hoists for boats up to 30 feet in length and/or 10,000 pounds are permitted, provided they are located within the setback requirements of subsection (2) of this section.
(10) Aircraft Moorage. One single engine aircraft may be moored at a building lot in accordance with setback requirements. [Ord. 471 § 1, 2008; Ord. 422 § 9, 2003; Ord. 315 § 3, 1996; Ord. 306 § 1, 1995; Ord. 275 § 2, 1994; Ord. 271 § 3, 1994; Ord. 212 § 8(A), 1988]
18.40.020 Swimming pools and spas.
It is the intent of this title to allow property owners to construct exterior swimming pools, spas, and supporting facilities, while at the same time protecting the public health, welfare, and safety of the community and minimizing the effect of such facilities on surrounding property. The approval of the town building official is required for the construction or installation of any swimming pool or spa.
(1) Location of Swimming Pools and Spas. In waterfront lots, swimming pools or spas, including any deck or apron around the same, may be located in front or rear yards, but only if the pool/spa or accessory structure is set back from the side lot line by a minimum distance of 10 feet or 10 percent of the width of the lot, whichever is greater. In non-waterfront lots, swimming pools and spas shall be located in the rear yard only, and must comply with rear and side lot line setback requirements contained in this title.
(2) Regulations Applicable to Swimming Pools and Spas.
(a) Covers. Outdoor swimming pools and spas shall not be roofed or covered; however, protective covers may be installed but only if such cover extends no more than one foot above the highest adjacent finished grade, or the uppermost supporting edge of the structure.
(b) Fencing. Outdoor swimming pools shall be enclosed by fencing as required by WAC 51-51-0329. Pool fencing located in a front yard shall be no more than five feet in height. Pool fencing located any place other than on the side property lines shall be of a non-sight-obscuring type. Property line fencing shall comply with HPMC 18.31.020(5), 18.36.020(5), or 18.37.020(5), as applicable for the lot zoning designation.
(c) Equipment Enclosures. Supporting structures enclosing equipment essential to swimming pool or spa operation, such as heating, cleaning, and filtering, shall extend no more than two feet above finished grade and shall comply with the setback requirements contained in this title. Wherever feasible, all equipment necessary for swimming pool or spa operation and use shall be located in the dwelling unit or garage.
(d) Diving Boards and Handrails. Diving boards and handrails, if any, shall be no more than five feet above the swimming pool/spa edge or finished grade, whichever measurement results in a lower diving board or handrail. [Ord. 521 § 1 (Att. A), 2016]
18.40.030 Game courts.
(1) Permanent game courts shall be located only in the rear yard.
(2) Fences surrounding game courts shall be constructed of non-sight-obscuring material and shall not exceed 12 feet in height.
(3) Game courts, including fencing for the same, shall comply with setback requirements concerning accessory yard structures.
(4) Game courts, including fencing for same, shall be screened from roads and neighbors to preserve and enhance the town’s physical and aesthetic character. Screening shall be predominately evergreen planting, which shall reasonably obscure the structure within a period of three years and thereafter. [Ord. 212 § 8(C), 1988]
18.40.040 Nonconforming structures and uses.
The following regulations shall govern the continuation and elimination of nonconforming uses, buildings and structures:
(1) Any use, building or structure which lawfully existed prior to August 12, 1957 (the date of enactment of Ordinance 21), is hereby permitted to continue and be maintained and operated in accordance with this section.
(2) A nonconforming use may be changed or altered only to a use of the same or more restrictive classification in accordance with the primary permitted use classification herein established and any such change or alteration shall require a variance as provided by ordinance.
(3) A building or structure containing a nonconforming use shall not be enlarged or expanded nor shall it be repaired or renovated unless the use is brought into conformity with the requirements of this title.
(4) A nonconforming use which has been discontinued for a period of one year or more shall be conclusively presumed to be abandoned and no such use shall thereafter be permitted. Whenever a building or a structure is vacant, the use therein shall be deemed discontinued.
(5) The exterior of any nonconforming structure, including nonconforming accessory buildings and nonconforming docks, both as defined in this title, may be altered without the granting of a variance, but only if any such alteration does not increase any existing nonconformity, including but not limited to nonconformities related to lot coverage, setback, and height. Except as specifically authorized in this subsection, the exterior of a nonconforming structure may not otherwise be altered without first obtaining a variance as provided by this title. The interior of any nonconforming structure may be altered or renovated without the grant of a variance.
(6) Regular and ordinary maintenance shall not be deemed enlargement, expansion, change, alteration, or reconstruction as those terms are used in this section, provided that the value of such maintenance in any one year shall not exceed 10 percent of assessed valuation as determined by the county assessor for the year in which the work is done.
(7) Whenever a building or structure which is nonconforming or which contains a nonconforming use is destroyed or deteriorates to the extent of 60 percent or more of its assessed value, as determined by current tax rolls in the office of the King County assessor, such nonconforming structure or use shall thereafter forthwith be discontinued and abated and any subsequent use or structure shall be in conformity with this title. [Ord. 441 § 1, 2005; Ord. 246 § 6, 1991; Ord. 212 § 8(D), 1988]