Chapter 16.05
SHORELINE MANAGEMENT CODE – PURPOSE AND SCOPE
Sections:
16.05.050 Liberal construction.
16.05.060 Relationship to other Kenmore programs.
16.05.010 Purpose.
This title contains the regulations of the City of Kenmore Shoreline Master Program and the procedures to implement those regulations. The purpose of this title is to implement the Shoreline Management Act of 1971 and to provide for the regulation of development which impacts those areas of the City of Kenmore under the jurisdiction of the Shoreline Management Act consistent with Chapter 173-26 WAC and the goals and policies of the City of Kenmore comprehensive plan shoreline subelement. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.05.020 Citation.
This title shall be known as “the shoreline management code.” [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.05.030 Scope.
A. No development shall be undertaken by any person on the shorelines of the State unless such development is consistent with the provisions of this title and the goals and policies of the City of Kenmore comprehensive plan shoreline subelement.
B. Development prohibited by this title but otherwise permitted by the City of Kenmore land use controls is prohibited only within the shorelines of the State.
C. Development proposed on property in or adjacent to water bodies or wetlands under the jurisdiction of the Shoreline Management Act shall be evaluated in terms of the goals and policies of the City of Kenmore comprehensive plan shoreline subelement.
D. For purposes of this title, “shall” means a mandate; the action must be done. “Should” means that the particular action is required unless there is a demonstrated, compelling reason, based on the policies of Chapter 90.58 RCW and Chapter 173-26 WAC, against taking the action. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.05.050 Liberal construction.
This title is exempted from the rule of strict construction and shall be liberally construed to give full effect to the purposes for which it was enacted. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.05.060 Relationship to other Kenmore programs.
A. Kenmore shall issue no permit or approval contrary to the goals, policies, and regulations of the City of Kenmore Shoreline Master Program when property under the jurisdiction of the Shoreline Management Act is involved.
B. The following sections of the Kenmore Municipal Code are adopted and incorporated by reference as part of the Shoreline Master Program1:
1. Chapter 1.20 KMC – Code Enforcement.
2. Chapter 18.55 KMC – Critical Areas (Ordinance 19-0488, effective June 25, 2019), except for the following sections:
a. KMC 18.55.150 – Exemptions;
b. KMC 18.55.160 – Exception – Public agency or utility;
c. KMC 18.55.170 – Variances – Buffer widths and building setbacks;
d. KMC 18.55.180 – Exception – Reasonable use;
e. KMC 18.55.230 – Unauthorized critical area alterations and enforcement;
f. KMC 18.55.300(D) – Limited exemptions in wetlands;
g. Chapter 18.55 KMC, Article XIX, Flood Hazard Areas. While the flood hazard areas regulations apply within shoreline jurisdiction, the regulations, themselves, are not incorporated as part of this Shoreline Master Program.
Other sections of the Kenmore Municipal Code cross-referenced in this chapter are provided for reference purposes. Unless specifically stated, the Shoreline Master Program does not eliminate or reduce the requirements of any other portion of the Kenmore Municipal Code. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.05.070 Severability.
If any provision of this title or the master program regulations and procedures hereby adopted or its application to any person or circumstance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this title or the master program. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
Certain critical area code sections from Chapter 18.55 KMC – as they existed at the time of Shoreline Master Program approval by the Washington Department of Ecology in 2020 – have been adopted into the shoreline regulations as part of the Shoreline Master Program. Future amendments to these sections of Chapter 18.55 KMC will not be in effect in the shoreline jurisdiction unless and until the Shoreline Master Program also is amended.