Chapter 16.10
DEFINITIONS
Sections:
16.10.010 Applicability of RCW and WAC definitions.
16.10.020 Repealed.
16.10.032 Accessory structure.
16.10.050 Associated wetlands.
16.10.060 Average grade level.
16.10.105 Channel migration zone.
16.10.170 Ecological functions.
16.10.173 Ecosystem-wide processes.
16.10.185 Fish and wildlife habitats of importance.
16.10.225 Geotechnical report or geotechnical analysis.
16.10.290 Nonconforming structure.
16.10.310 Repealed.
16.10.320 Non-water-oriented uses.
16.10.350 Ordinary high-water mark.
16.10.380 Recreational development.
16.10.450 Repealed.
16.10.460 Shoreline environment.
16.10.470 Shoreline Master Program.
16.10.480 Shoreline modifications.
16.10.500 Shoreline stabilization.
16.10.520 Shorelines of statewide significance.
16.10.530 Shorelines of the State.
16.10.550 Repealed.
16.10.570 Substantial development.
16.10.575 Water access structure.
16.10.580 Repealed.
16.10.590 Water-dependent use.
16.10.600 Water-enjoyment use.
16.10.630 Repealed.
16.10.010 Applicability of RCW and WAC definitions.
The definitions contained in this chapter, KMC Title 18 (zoning code), Chapter 90.58 RCW and Chapter 173-26 WAC shall apply within the shoreline jurisdiction. The definitions in Chapter 90.58 RCW and Chapter 173-26 WAC shall apply in shorelines if there is a conflict with the definitions contained in this title and KMC Title 18. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.030 Access, public.
“Public access” means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on waters of the State, and to view the water and the shoreline from adjacent locations. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.032 Accessory structure.
“Accessory structure” means a structure that is incidental to the principal structure. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.035 Accessory use.
“Accessory use” means a use typically subordinate in size to the principal use; that would not contribute significantly to traffic generation, noise, or nuisance; and that supports the primary use operation without displacing it. An accessory use may appear as an otherwise permitted, conditional or prohibited use in the use allowances for a given designation. Accessory uses are typically located upon the same lot occupied by a principal use. Examples of accessory uses include: equipment rental (bikes or skis) at a retail bike and ski shop, a secure facility required at an airport, and boat parking at a marina. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.038 Applicant.
“Applicant” means a person who files an application for a development proposal, permit or approval under this title and who is either the owner of the land on which that proposed activity would be located or the primary proponent of the project. A primary proponent shall have the permission of the landowner before proceeding with an application. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.020.]
16.10.040 Aquaculture.
“Aquaculture” means the culture or farming of fin fish, shellfish, algae or other plants or animals in fresh or marine waters. Excluded from the definition of aquaculture are related commercial or industrial uses such as wholesale or retail sales, or final processing, packing, or freezing. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.050 Associated wetlands.
“Associated wetlands” means wetlands that are in proximity to lakes, rivers or streams that are subject to the Shoreline Management Act and either influence or are influenced by such waters. Factors used to determine proximity and influence include, but are not limited to: location contiguous to a shoreline water body, presence of a surface connection, including through a culvert, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.060 Average grade level.
“Average grade level” is defined in WAC 173-27-030(3) and (11) as now or hereafter amended; as of March 20, 2020, “average grade level” means “the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high-water mark. The “natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.” [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.070 Backfill.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.080 Berm.
“Berm” means one or several linear mounds of sand and gravel at or landward of the ordinary high-water mark which are normally stable because of material size or vegetation. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.083 Boat launch.
“Boat launch” means an inclined slab, set of pads, rails, planks, or graded slope which extends waterward of the ordinary high-water mark, and is used for transferring watercraft between uplands and the water by means of a trailer, hand, or mechanical device. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.085 Boating facility.
“Boating facility” means developments and uses that support access to shoreline waters for purposes of boating, including marinas; community docks or piers serving more than four single-family residences or multifamily units; public piers and docks; and community, commercial or public boat launch facilities. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.090 Breakwater.
“Breakwater” means an offshore structure, either floating or not, which may or may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.100 Bulkhead.
“Bulkhead” means a solid or open pile wall of rock, concrete, steel or timber or other materials or a combination of these materials erected generally parallel to and near the ordinary high-water mark for the purpose of protecting adjacent wetlands and uplands from waves or currents. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.105 Channel migration zone.
“Channel migration zone” means the area within which a river channel can be reasonably predicted to move over a period of time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.The channel migration zone is subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion, and shifts in the location of stream channels. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.106 City manager.
“City manager” means the City of Kenmore city manager or his or her designee(s). [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.107 Commercial development.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.110 Critical areas.
“Critical areas” means any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitats of importance, frequently flooded areas, geologically hazardous areas, streams, and wetlands, as defined in Chapter 36.70A RCW and this chapter. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.115 Critical freshwater habitat.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.120 Department.
“Department” means the city department or outside agency assigned by the city manager to administer a portion of the City code. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.130 Development.
“Development” is defined in Chapter 90.58 RCW and WAC 173-27-030 as now or hereafter amended; as of March 20, 2020, “development” means “a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act at any state of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.” [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.140 Director.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.150 Dock.
“Dock” means an anchored walkway or other surface that abuts the shoreline and floats on the water to provide moorage for watercraft or landing for water-dependent recreation. “Dock” is the term which collectively applies to a ramp and float, or it may be comprised of a float only that abuts the shoreline. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.160 Dredging.
“Dredging” means the removal, displacement, and/or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials from the bottom of water bodies, ditches, or wetlands; maintenance dredging and/or support activities are included in this definition. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.170 Ecological functions.
“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. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.173 Ecosystem-wide processes.
“Ecosystem-wide processes” is defined in WAC 173-26-020(14) as now or hereafter amended; as of March 20, 2020, “ecosystem-wide processes” means “the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.” [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.175 Ell.
“Ell” means a terminal pier section oriented perpendicular to the pier walkway. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.178 Feasible.
“Feasible” is defined in WAC 173-26-020(15) as now or hereafter amended; as of March 20, 2020, “feasible” means, for the purpose of this title, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:
A. 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;
B. The action provides a reasonable likelihood of achieving its intended purpose; and
C. The action does not physically preclude achieving the project’s primary intended legal use.
In cases where this title requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant.
In determining an action’s infeasibility, the department may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.180 Fill.
“Fill” means the 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. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.185 Fish and wildlife habitats of importance.
“Fish and wildlife habitats of importance” means those habitat areas defined in KMC 18.55.500. Swamp Creek, the Sammamish River, and Lake Washington are all fish and wildlife habitats of importance. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.190 Float.
“Float” means a structure or device which floats on the surface of the water and which is moored, anchored, or otherwise secured in the waters of the City of Kenmore and which is not directly connected to or abutting the shoreline. A float which is directly connected to or abutting the shoreline is considered a dock. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.200 Floating home.
“Floating home” means a single-family dwelling unit constructed on a float that is moored, anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being towed. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.210 Floodplain.
“Floodplain” is defined in WAC 173-26-020(19) as now or hereafter amended; as of March 20, 2020, “floodplain” is synonymous with “100-year floodplain” and means that land area susceptible to inundation 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 which meets the objectives of the Shoreline Management Act.” [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.220 Floodway.
“Floodway” means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which floodwaters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetation ground cover condition. The floodway shall not include lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the State, or the county. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.225 Geotechnical report or geotechnical analysis.
“Geotechnical report” or “geotechnical analysis” is defined in WAC 173-26-020(21) as now or hereafter amended; as of March 20, 2020, “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, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, 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.” [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.230 Grading.
“Grading” means the addition, excavation, movement, or redistribution of soil, sand, rock, gravel, sediment or other material on a site in a manner that alters the natural contour of the land. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.235 Government services.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.240 Groin.
“Groin” means a barrier-type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.250 Hatchery.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.260 Height.
“Height” is defined in WAC 173-27-030(9) as now or hereafter amended; as of March 20, 2020, “height” 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. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.270 Jetty.
“Jetty” means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.275 Live-aboard.
“Live-aboard” means a licensed vessel that is used as a primary residence. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.280 Marina.
“Marina” means a marine retail sales and service use, in which a system of piers, buoys, docks or floats is used to provide moorage, primarily for pleasure craft, for sale or rent, usually on a monthly or yearly basis. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.285 No net loss.
Per WAC 173-26-201(2)(c), the concept of “no net loss” of shoreline ecological functions means that the Kenmore Shoreline Master Program provisions shall, to the greatest extent feasible, protect existing shoreline ecological processes and functions and avoid new adverse impacts to ecological processes and functions. The term “net,” as used herein, recognizes that any development has potential or actual short-term or long-term impacts and that, through application of appropriate development standards and employment of mitigation measures in accordance with the mitigation sequence, those impacts will be addressed in a manner necessary to assure that the end result will not diminish the shoreline resources and values as they currently exist. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.310.]
16.10.290 Nonconforming structure.
“Nonconforming structure” means a structure that was lawfully constructed prior to the effective date of these regulations, but which no longer conforms to the applicable regulations of the master program. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.300 Nonconforming use.
“Nonconforming use” means a use that was lawfully established prior to the effective date of these regulations, but which no longer conforms to the applicable regulations of the master program. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.320 Non-water-oriented uses.
“Non-water-oriented uses” means those uses that are not water-dependent, water-related or water-enjoyment. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.330 Normal protective bulkhead common to single-family residences.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.340 Open space, required.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.350 Ordinary high-water mark.
“Ordinary high-water mark” means the ordinary high-water mark as defined in Chapter 90.58 RCW as now or hereafter amended; as of March 20, 2020, “ordinary high-water mark” means “that mark that will 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, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: 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. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.355 Park/recreation recreational/cultural uses.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.360 Pier.
“Pier” means an over-water, stationary, pile-supported structure that does not float on the water’s surface and provides a location for boat moorage or other water-oriented or water-dependent use. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.370 Port.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.375 Ramp.
“Ramp” means a walkway connecting a pier, other shoreward structure or the shoreline to a float and providing access between the two. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.380 Recreational development.
“Recreational development” means a private or public development operated and devoted to facilities and equipment for recreational purposes, including but not limited to swimming pools, tennis courts, playgrounds, picnic areas, campgrounds, resorts and other similar uses, whether the use of such area is limited to those paying a fee or free to the public. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.390 Redesignation.
“Redesignation” means a change in the shoreline environment designation by the procedures provided in Chapter 16.75 KMC. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.395 Residential development.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.400 Restoration.
“Restoration” or “ecological restoration” means the reestablishment or upgrading of impaired ecological shoreline processes or functions. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.410 Riprap.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.420 Sediment.
“Sediment” means material settled from suspension in a liquid medium. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.430 Shall.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.440 Shorelands.
“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 associated wetlands and river deltas subject to the provisions of Chapter 90.58 RCW. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.450.]
16.10.445 Shoreline buffer.
“Shoreline buffer” means a required vegetation conservation area measured horizontally upland from and perpendicular to the ordinary high-water mark, as described in KMC 16.65.020. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.460 Shoreline environment.
“Shoreline environment” or “shoreline environment designation” means the categories of shorelines of the State established by the City of Kenmore shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.470 Shoreline Master Program.
A. “Shoreline Master Program” consists of the following two elements:
1. Shoreline management goals and policies contained in the shoreline subelement of the Kenmore comprehensive plan. The shoreline management goals and policies constitute the official policy of Kenmore regarding areas of the City subject to shoreline management jurisdiction under Chapter 90.58 RCW;
2. The shoreline regulations specified in this chapter.
B. The following technical and planning information provides a foundation for shoreline policies and regulations, and is intended to aid in implementing and evaluating the Shoreline Master Program:
1. The shoreline protection and restoration plan;
2. The cumulative impacts analysis, which provides a mechanism for examining the success of meeting the requirement for no net loss of ecological functions;
3. The Shoreline Master Program checklist and public involvement process, which shows how Kenmore meets the procedural requirements for updating the Shoreline Master Program; and
4. The shoreline inventory and characterization, which includes data and analytic methods used to develop Kenmore’s shoreline inventory and shoreline characterization. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.480 Shoreline modifications.
“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, fill, bulkhead, or other shoreline structure. Shoreline modifications can include other actions, such as clearing, grading, or application of chemicals. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.500 Shoreline stabilization.
“Shoreline stabilization” means actions taken to address erosion impacts to property and dwellings, businesses or structures caused by natural processes, such as current, flood, wind or wave action. These actions include installation or expansion of structures, such as bulkheads, jetties, groins or vegetation, and nonstructural methods, such as relocation of the structure to be protected, or groundwater management. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.510 Shorelines.
“Shorelines” means lakes greater than 20 acres and rivers and streams with a minimum of 20 cubic feet per second mean annual flow, including the entire water body waterward from the ordinary high-water mark from its centerline or point, all water below the surface and associated shorelands. Kenmore shorelines are shown on the adopted map entitled Kenmore Shoreline Environment Designations (attached to Ord. 20-0506 as Exhibit 2, and incorporated by reference). If there is a discrepancy between the map and the criteria established in this section, the criteria shall constitute the official Kenmore shoreline jurisdiction. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.520 Shorelines of statewide significance.
“Shorelines of statewide significance” means those shorelines described in RCW 90.58.030(2)(e) which are within the City of Kenmore. The Lake Washington shoreline is Kenmore’s only shoreline of statewide significance. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.530 Shorelines of the State.
“Shorelines of the State” means the total of all shorelines and shorelines of statewide significance within the City of Kenmore. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.540 Sign.
“Sign” means any letters, figures, design, symbol, light, structure, billboard, trademark or device intended or used to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine, merchandise or thing. Excluded from definition and regulation by this title are official traffic signs or signals, official public notices, signs required by law, warning signs, the flag of a government or noncommercial institution such as schools and temporary signs worn or carried by people. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.560 Solid waste.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including but not limited to garbage, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and discarded commodities. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.570 Substantial development.
“Substantial development” means any development which requires a shoreline management substantial development permit, as defined in RCW 90.58.030(3)(e) as now or hereafter amended. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.575 Water access structure.
“Water access structure” means a pier, dock, buoy, float, boat launch, watercraft lift, or other improvement that facilitates physical access to the water. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.590 Water-dependent use.
“Water-dependent use” or “water-dependent development” 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. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]
16.10.600 Water-enjoyment use.
“Water-enjoyment use” means a recreation use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment 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 physical and aesthetic qualities of the shoreline. The use must be open to the general public. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.610.]
16.10.610 Water-oriented use.
“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.620.]
16.10.620 Water-related use.
“Water-related use” or “water-related development” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent on a waterfront location because:
A. 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
B. 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. [Ord. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1). Formerly 16.10.600.]
16.10.630 Water transmission pipeline.
Repealed by Ord. 20-0506. [Ord. 12-0334 § 3 (Exh. 1).]
16.10.640 Wetlands.
“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 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. 20-0506 § 3 (Exh. 1); Ord. 12-0334 § 3 (Exh. 1).]