Chapter 16.10
SHORELINE MANAGEMENT
Sections:
16.10.040 Shoreline environment designations.
16.10.050 General shoreline use policies, regulations, and development standards.
16.10.060 Shoreline use and modification table.
16.10.070 Shoreline use and modification policies and regulations.
16.10.080 Critical areas in the shoreline jurisdiction.
16.10.090 Permits and procedures.
16.10.100 Authority, compliance, and enforcement.
16.10.010 Purpose.
A. The purpose of this chapter is to establish rules and procedures to implement the goals and policies of the City of Mountlake Terrace Shoreline Master Program, consistent with the Shoreline Management Act of 1971 and Chapter 173-27 WAC.
B. The City of Mountlake Terrace Shoreline Master Program (SMP) is hereby adopted as set forth in “Exhibit B” of the ordinance codified in this chapter and incorporated by reference as though fully set forth herein.
C. Unless specifically stated otherwise, the Shoreline Master Program does not eliminate or reduce the requirements of any other provision of the City of Mountlake Terrace Municipal Code.
D. In accordance with RCW 90.58.090, the Shoreline Master Program is exempt from the rule of strict construction; therefore, this chapter and the City of Mountlake Terrace Shoreline Master Program shall be liberally construed to give full effect to the Shoreline Master Program goals, policies, and regulations.
E. If any provision of this chapter or the shoreline management 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 provisions of this chapter or the Shoreline Master Program, or the applications of the remaining provisions to other persons or circumstances. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.020 Applicability.
A. This chapter applies to all development within the shoreline jurisdiction as shown on the Shoreline Jurisdiction Area Map in Appendix A of the City of Mountlake Terrace Shoreline Master Program, and is generally indicated by the area within 200 feet of the shoreline of Lake Ballinger within Mountlake Terrace and certain associated wetlands or sensitive areas.
B. No development shall be undertaken by any person on the shorelines of the state and within the City of Mountlake Terrace shoreline jurisdiction unless such development is consistent with the provisions of this chapter and the City of Mountlake Terrace Shoreline Master Program.
C. Development prohibited by the Shoreline Master Program and this chapter, but otherwise permitted by the City of Mountlake Terrace land use controls, is prohibited only within the shoreline jurisdiction.
D. Should a conflict occur between the provisions of this Shoreline Master Program or between this program and the laws, regulations, codes or rules promulgated by any other authority having jurisdiction within the City, the most restrictive requirement shall be applied, except when constrained by federal or state law, or where specifically provided otherwise in the Shoreline Master Program.
E. The City of Mountlake Terrace shall issue no permit prior to approval pursuant to this chapter and shall take no action contrary to the goals, policies, and regulations of the City of Mountlake Terrace Shoreline Master Program when property under the jurisdiction of the Shoreline Management Act is involved in the request or application for a permit or decision. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.030 Definitions.
A. The definitions contained in this section shall apply within the shoreline jurisdiction of the City of Mountlake Terrace and this chapter.
B. The definitions set forth in the City of Mountlake Terrace Shoreline Master Program are incorporated by reference. This chapter shall prevail within the shoreline jurisdiction if there is a conflict with definitions in this chapter and the SMP.
C. The definitions set forth in Chapter 90.58 RCW and Chapter 173-26 WAC are incorporated by reference and shall prevail in the shoreline jurisdiction if there is a conflict with the definitions contained in this chapter or the City’s SMP.
D. As used in this chapter and the City’s SMP, unless the context otherwise requires, the following definitions apply:
1. “Administrator” or “Shoreline Administrator” means the person responsible for administering and interpreting the City Shoreline Master Program and this chapter. See also “Director.”
2. “Act” means the Washington State Shoreline Management Act, Chapter 90.58 RCW.
3. “Associated wetlands” means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.
4. “City” means the City of Mountlake Terrace.
5. “Conditional use” means a use, development, expansion of, or substantial development of a use in a particular environment or environments subject to specific conditions to ensure that there is no conflict with the intent of the environment or environments as regulated by this chapter, which is classified as a conditional use or is not classified within the Master Program.
6. “Date of filing” is the date that the Department of Ecology receives the final decision of a substantial development permit, shoreline conditional use permit, or shoreline variance permit.
7. “Department” means the Community and Economic Development Department of the City of Mountlake Terrace.
8. “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; storage of equipment or materials; 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 Act and any state of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.
9. “Director” means the Director of the Community and Economic Development Department or his/her duly authorized designee. Also means the “Administrator.”
10. “Ecology” means the Washington State Department of Ecology.
11. “Exempt” developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515, and the City’s SMP when consistent with these citations, which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the Act and the City’s Shoreline Master Program.
12. “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.
13. “Hearing Examiner” means the City of Mountlake Terrace Hearing Examiner.
14. “Master Program” means the same as “Shoreline Master Program” or “SMP.”
15. “Nonconforming use” means an existing shoreline use that was lawfully established prior to the effective date of the Act or the applicable master program, but which does not conform to present use regulations due to subsequent changes to the master program.
16. “Nonconforming development” or “nonconforming structure” means an existing structure that was lawfully constructed at the time it was built but is no longer fully consistent with present regulations such as setbacks, buffers or yards; area; bulk; height or density standards due to subsequent changes to the Master Program.
17. “Nonconforming lot” means a lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth or area due to subsequent changes to the master program.
18. “Ordinary high water mark,” abbreviated OHWM, 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 adjoining fresh water shall be the line of mean high water.
19. “Party of record” includes 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.
20. “Permit” means such permit as required by the Shoreline Master Program and the Act for substantial development of shorelines, processed and issued by the City and subject to review by the Department of Ecology and the Attorney General. Permits include a substantial development permit, conditional use permit, variance, and revisions thereto.
21. “Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state, or any local governmental unit however designated.
22. “Shoreline” means that portion of the shoreline of Lake Ballinger within the City together with its associated wetland and floodplain area as delineated on the Shoreline Planning Area Map.
23. “Shoreline Master Program” or “Master Program” or “SMP” means the comprehensive shoreline plan for the City of Mountlake Terrace and the use regulations together with maps, diagrams, charts or other descriptive material and text, as adopted by this chapter.
24. “Streams” means those areas where surface waters produce a defined channel or bed. A “defined channel or bed” is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year round. This definition is not intended to include artificially created irrigation ditches, canals, storm or surface water devices or other entirely artificial watercourses unless they are used by salmonids or created for the purposes of stream mitigation.
25. “Substantial development” shall mean any development of which the total cost or “fair market value” (as defined in the chapter, the SMP and WAC 173-27-040), whichever is higher, does not exceed $7,047 beginning September 2, 2017, as periodically adjusted per RCW 90.58.030(3)(e), if such development does not materially interfere with the normal public use of the water or shorelines of the state. The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
26. Substantial Development Permit. See “Permit.”
27. “Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the SMP and this chapter and is not a means to vary a use of a shoreline.
28. “Wetlands” or “wetlands areas” means those areas that are inundated or saturated by surface water or ground water 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 include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.040 Shoreline environment designations.
A. The purpose of shoreline environment designations is to differentiate between areas whose geographical, hydrological, topographical or other features warrant differing objectives regarding the type of uses, types of modifications, and the density and dimensions of development which should occur or future development of those shorelines to be allowed to occur within it.
B. Uses and modifications within an environment designation are subject to consistency with the applicable criteria and management policies for the underlying environment designation per Chapter 3 SMP.
C. The location and boundaries of the assigned environment designation apply as shown on the Shoreline Environment Designation Map, Appendix A of the Shoreline Master Program.
1. Natural environment.
2. Aquatic environment.
3. Urban conservancy environment.
4. Shoreline residential environment.
D. Natural Environment.
1. The purpose of the “natural” environment is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. Only very low intensity uses are to be allowed in maintaining existing ecological functions and ecosystem-wide processes. Generally, but not necessarily, ecologically intact shorelines are free of shoreline structural modifications, structures, and intensive human uses.
2. Allowed development is subject to conformance with the designation criteria and management policies per Chapter 3 SMP.
3. This designation applies to Ballinger Island.
E. Aquatic Environment.
1. The purpose of the “aquatic” environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark.
2. Allowed development is subject to conformance with the designation criteria and management policies per Chapter 3 SMP.
3. This designation applies to that portion of Lake Ballinger within the City limits of Mountlake Terrace.
F. Urban Conservancy Environment.
1. The purpose of the “urban conservancy” environment is to protect and restore ecological functions or open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses.
2. Allowed development is subject to conformance with the designation criteria and management policies per Chapter 3 SMP.
3. This designation applies to the north and east shorelines of Lake Ballinger not in single-family residential use.
G. Shoreline Residential Environment.
1. The purpose of the “shoreline residential” environment is to accommodate residential development and appurtenant structures that are consistent with this Shoreline Master Program and to provide appropriate public access and recreational uses.
2. Allowed development is subject to conformance with the designation criteria and management policies per Chapter 3 SMP.
3. This designation applies to existing residential properties on the northwest side of Lake Ballinger in the shoreline jurisdiction of Mountlake Terrace. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.050 General shoreline use policies, regulations, and development standards.
A. Uses and modifications within the shoreline jurisdiction shall not result in a net loss of shoreline ecological functions and processes.
B. Uses and modifications within an environment designation are subject to consistency with the applicable criteria and management policies for the underlying environment designation per SMP.
C. All shoreline uses and modifications shall be consistent with the purpose, policies, and regulations for each use and modification type as set forth in Chapter 4, General Shoreline Policies and Regulations, of the Master Program.
D. All uses in the shoreline jurisdiction must comply with all City code provisions and with the City of Mountlake Terrace Shoreline Master Program. This section may not authorize a land use that is not allowed by the underlying zoning per MTMC Title 19, but may add restrictions or conditions or prohibit specific land uses within the shoreline jurisdiction.
E. When there is a conflict between permitted land uses, preference for shoreline uses shall first be given to water-dependent uses, then to water-related uses, then to water-enjoyment uses, and finally to non-water-oriented uses.
F. Nonconformance. Development, uses, and lots that meet the definition of a nonconformance as defined by this chapter may be continued subject to the provisions of MTMC 16.10.090(D).
G. Setbacks, lot coverage and impervious surface standards apply within each shoreline environment as indicated in the following Dimensional Standards Table:
|
Standard |
Shoreline Environment |
|||
|---|---|---|---|---|
|
Aquatic |
Natural |
Shoreline Residential1 |
Urban Conservancy2 |
|
|
Maximum Height3 |
N/A |
N/A |
3 stories, not to exceed 35 feet |
35 feet |
|
Shoreline Setback4 |
N/A |
N/A |
50 feet5 |
100 feet5 |
|
Maximum Impervious Surface6 |
N/A |
N/A |
25% of lot area |
10% of lot area |
|
Minimum Lot Frontage and Width |
N/A |
N/A |
55 feet |
400 feet |
|
Minimum Lot Size7 |
N/A |
N/A |
8,400 sq. ft. |
20 acres |
|
1 The underlying zoning is single household residential (RS 8400). 2 The underlying zoning is recreation and park district (REC). 3 The height limit shall not apply to television antennas, chimneys, flagpoles, public utilities, and similar appurtenances per Chapter 19.120 MTMC. 4 Measured from the OHWM (ordinary high water mark). 5 Other building setbacks apply per the underlying zoning district pursuant to MTMC Title 19, except setbacks for accessory structures and overwater structures are subject to Chapter 5 SMP. 6 Impervious surface as defined in Chapter 16.20 MTMC, stormwater regulations. 7 Square footage applies to portion of lot landward of OHWM. |
||||
(Ord. 2747 § 2 (Exh. A), 2019).
16.10.060 Shoreline use and modification table.
A. The Shoreline Use and Modification Table 5.1 indicates whether a use or modification is prohibited, permitted subject to the regulations specific to the proposed use and pursuant to the permit application procedures and other applicable policies and regulations of the City of Mountlake Terrace Shoreline Master Program, or allowed subject to the conditional use permit provisions of the City of Mountlake Terrace Shoreline Master Program.
B. In the table, shoreline environments are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment and whether additional use criteria apply. The table should be interpreted as follows:
1. If the letter “X” appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment designation.
2. If the letter “P” appears in the box at the intersection of the column and the row, the use may be permitted within the shoreline environment designation if the underlying zoning also allows the use.
3. If the letter “C” appears in the box at the intersection of the column and the row, the use may be permitted within the shoreline environment designation subject to the conditional use permit review procedures specified in Chapter 6 SMP and only if the underlying zoning also allows the use.
4. Permitted accessory uses are those listed as accessory to permitted uses in the underlying zoning district per MTMC Title 19, Zoning, where such accessory use does not conflict with the SMP provisions.
C. Shoreline Use and Modification Table.
|
Use Activity |
Shoreline Environments |
|||
|---|---|---|---|---|
|
Natural |
Aquatic |
Urban Conservancy |
Shoreline Residential |
|
|
Agriculture |
X |
X |
X |
X |
|
Aquaculture |
X |
X |
X |
X |
|
Boating Facilities |
X |
C |
C |
X |
|
Commercial Development |
X |
X |
C |
X |
|
Forest Practices |
X |
X |
X |
X |
|
Industrial |
X |
X |
X |
X |
|
In-Stream/Lake Structural Uses |
X |
C |
C |
X |
|
Mining |
X |
X |
X |
X |
|
Recreational Development |
X |
P |
P |
P |
|
Residential Development |
X |
X |
X |
P |
|
Transportation and Roads |
X |
X |
C |
P |
|
Parking (as primary use) |
X |
X |
X |
X |
|
Utilities |
X |
C |
P |
P |
|
Modification |
|
|
|
|
|
Dredging |
X |
C |
C |
X |
|
Landfill, Fill, and Excavation |
X |
C |
C |
C |
|
Overwater Structures: Piers, Docks, and Floats |
X |
P |
P |
P |
|
Signs |
X |
X1 |
P |
P |
|
Shoreline Stabilization, Soft |
X |
P |
P |
P |
|
Shoreline Stabilization, Hard |
X |
C |
C |
C |
|
1 Signs are prohibited in the aquatic environment except for those signs specifically exempted by the Shoreline Master Program, Chapter 5, Signs. |
||||
(Ord. 2747 § 2 (Exh. A), 2019).
16.10.070 Shoreline use and modification policies and regulations.
A. All shoreline uses and modifications shall be consistent with the policies and regulations in Chapter 5 SMP, Shoreline Use Policies and Regulations, as applicable.
B. Prohibited Uses. The following are prohibited in all shoreline environments:
1. Agriculture.
2. Aquaculture.
3. Forest practices.
4. Industrial uses.
5. Mining.
6. Parking (as a primary use).
C. Shoreline Use. Land uses that are permitted in any of the shoreline environments are listed in the Shoreline Use and Modification Table, MTMC 16.10.060, subject to any applicable policies, regulations, and approvals and include:
1. Boating facilities.
2. Commercial development.
3. In-stream/lake structural uses.
4. Recreational development.
5. Residential development.
6. Signs.
7. Transportation.
8. Utilities.
D. Shoreline Modification. Permitted modifications in the shoreline environments are listed in the Shoreline Use and Modification Table, MTMC 16.10.060, subject to any applicable policies, regulations and approvals, and include:
1. Dredging.
2. Landfill and excavation.
3. Overwater structures, such as piers, docks, and floats.
4. Shoreline stabilization, hard and soft.
E. In addition to the policies and regulations that apply to shoreline uses and modifications, certain resources are subject to policies and regulations that apply, either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the resource, without regard to the environment designation. These provisions are set forth in SMP Chapter 4, General Shoreline Policies and Regulations, to include:
1. Archaeological and historic resources.
2. Critical areas (and as further provided for in MTMC 16.10.080).
3. Flood hazard reduction.
4. Public access and views.
5. Shoreline vegetation conservation.
6. Water quality, stormwater, and nonpoint pollution.
7. Shoreline bulk and dimensional standards. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.080 Critical areas in the shoreline jurisdiction.
A. Chapter 16.15 MTMC, Ord. No. 2731 (2018), shall apply to any use, alteration, or development within the shoreline jurisdiction, whether or not a shoreline permit or letter of exemption is required, except as indicated in subsection (B) of this section and MTMC 16.10.090(C). Where there are conflicts between Chapter 16.15 MTMC, Ord. 2731, and this chapter, the provisions of this chapter and the SMP shall prevail as they apply within the shoreline jurisdiction.
B. The following provisions of Chapter 16.15 MTMC, Ord. No. 2731 (2018), shall not apply to critical areas within the shoreline jurisdiction:
1. MTMC 16.15.500, Definitions.
2. MTMC 16.15.100, Exempt activities. The SMP defers to the Director on determining whether an activity affecting critical areas in shoreline jurisdiction is exempt from shoreline permit requirements.
3. MTMC 16.15.400(B), Wetland Classification.
4. MTMC 16.15.400(F), Wetland Buffers and Setbacks.
5. MTMC 16.15.410(D), Stream Buffer Areas and Setbacks.
6. MTMC 16.15.350, Variances.
7. MTMC 16.15.360, Reasonable use exceptions.
C. Critical areas and wetlands in the shoreline jurisdiction are subject to consistency with Chapter 16.15 MTMC, Ord. 2731 (2018), except as indicated above, and provided there is consistency with the following:
1. Wetland identification and delineation per WAC 173-22-035.
2. Wetland classification per Washington State Wetlands Rating System for Western Washington: 2014 Update (Department of Ecology Publication No. 14-06-029, or as revised and approved by Ecology).
3. Wetland buffers are established by the following table:
|
Category |
Without minimization measures |
With minimization measures and habitat corridor |
||||
|---|---|---|---|---|---|---|
|
Habitat Score |
Habitat Score |
|||||
|
|
Low (3 – 5) |
Moderate (6 – 7) |
High (8) |
Low (3 – 5) |
Moderate (6 – 7) |
High (8) |
|
1 |
100 |
150 |
300 |
75 |
110 |
225 |
|
2 |
100 |
150 |
300 |
75 |
110 |
225 |
|
3 |
80 |
150 |
300 |
60 |
110 |
225 |
|
4 |
50 |
40 |
||||
*An additional 15-foot building setback applies from Category 1 – 3 buffers.
4. Wetland Buffer Minimization Measures. Wetland buffer impact minimization measures can be used in allowing buffer averaging for development. Measures to minimize impacts on buffers, shown in Table 4.2, allow buffer averaging to no less than 75 percent of the original buffer requirement (Ecology 2016). A request for buffer averaging requires a wetland report by a qualified professional detailing no net loss of wetland functions. In addition to applying all minimization measures, if a conservation easement corridor connects Washington State Department of Fish and Wildlife (WDFW) priority habitats within a wetland buffer with moderate habitat scores, a buffer reduction to 110 feet is allowed (Ecology 2018).
|
Disturbance |
Required Measures to Minimize Impacts |
|---|---|
|
Lights |
• Direct lights away from wetland |
|
Noise |
• Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the outer wetland buffer |
|
Toxic runoff |
• Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management |
|
Stormwater runoff |
• Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use low intensity development (LID) techniques where appropriate (for more information refer to the drainage ordinance and manual) |
|
Change in water regime |
• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns |
|
Pets and human disturbance |
• Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement |
|
Dust |
• Use best management practices to control dust |
5. Stream Buffer Widths.
a. Required buffer widths in shoreline jurisdiction shall reflect the sensitivity of the particular stream and the risks associated with development. The type and intensity of human activity proposed to be conducted on or near the stream should also be considered.
b. Buffers shall be measured from the ordinary high water mark. The buffer widths in Table 4.3 are minimums and may be increased by the Administrator in response to site-specific conditions and based on the information submitted to characterize the functions and values of the stream.
|
Water Type |
Description |
Minimum Buffer Width |
Additional Buffer for Threatened or Endangered Species |
Building Setback |
|---|---|---|---|---|
|
S |
Shoreline of the state (per RCW 90.58.030) |
150 feet |
75 feet |
15 feet |
|
F |
Defined channel and periodically inundated areas |
100 feet |
50 feet |
15 feet |
|
Np |
Perennial |
50 feet |
0 feet (no anadromous fish) |
15 feet |
|
Ns |
Seasonal |
Determined based on review of technical information |
0 feet (no anadromous fish) |
15 feet |
|
– |
Intermittent streams |
|
|
|
6. Compensatory Mitigation.
a. Mitigation for impacts resulting from uses and modifications shall follow the mitigation sequencing and requirements of MTMC 16.15.210 through 16.15.240, Ordinance No. 2731 (2018).
b. Mitigation proposals shall consider the priorities specified in the City’s Shoreline Restoration Plan, adopted by reference in the SMP Appendices. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.090 Permits and procedures.
A. Applicability.
1. All proposed uses, modifications and development occurring within the shoreline jurisdiction must conform to the City’s Shoreline Master Program (SMP), Chapter 90.58 RCW, and the Shoreline Management Act (SMA), regardless of whether a shoreline substantial development permit, letter of exemption, shoreline variance, or shoreline conditional use permit is required.
2. A substantial development permit shall be required for all proposed uses and modifications unless specifically exempt pursuant to subsection B of this section and the SMP.
3. Review and approval procedures and permit requirements apply for all uses and modifications and shall be consistent with the use and modification policies and regulations of this chapter and the SMP.
4. Exceptions to local review under the SMA are listed under WAC 173-27-044 and 173-27-045, as amended.
5. The City may grant relief from Shoreline Master Program development standards and use regulations resulting from shoreline restoration projects within urban growth areas consistent with criteria and procedures in WAC 173-27-215. A request for relief shall be filed as part of a required permit and processed per the WAC.
B. Exemptions from Shoreline Substantial Development Permit Requirements. The following developments shall not, when consistent with WAC 173-27-040, the City’s SMP, and this chapter, require a substantial development permit. A letter of exemption, per the City’s SMP and WAC 173-27-050, may be required for some exemptions.
1. Any development of which the total cost or fair market value, whichever is higher, does not exceed $7,047 beginning September 2, 2017, and as periodically adjusted per RCW 90.58.030(3)(e), if such development does not materially interfere with the normal public use of the water or shorelines of the state.
2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements.
3. Construction of the normal protective bulkhead common to single-family residences.
4. Emergency construction necessary to protect property from damage by the elements.
5. Construction or modification of navigational aids such as channel markers and anchor buoys.
6. Construction of a single-family residence and appurtenances on shorelands by an owner, lessee, or contract purchaser for their own use or for the use of their family.
7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of a single-family or multiple-family residence; provided, that:
a. A dock, for this exception, is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities, or other appurtenances.
b. This exception applies if, in fresh waters (Lake Ballinger), the fair market value of the dock constructed to replace the existing dock does not exceed $22,500, and the replacement is of equal or lesser square footage than the existing dock or pier; provided, that if subsequent construction occurs within five years of completion of the prior construction and the fair market value of the subsequent construction and prior construction, combined, exceeds the amount specified above as amended by WAC 173-27-040, the subsequent construction shall be considered a substantial development and is not exempt.
c. This exception applies to all other docks constructed in fresh water that do not exceed a fair market value of $11,200, pursuant to RCW 90.58.030(3), or as hereinafter may be amended.
8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities.
9. The marking of property lines or corners on state-owned lands.
10. Operation and maintenance of any system of dikes, ditches, drains, or other similar drainage or utility facilities.
11. Any project with a certification from the Governor pursuant to Chapter 80.50 RCW.
12. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter.
13. Removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020.
14. Watershed restoration projects.
15. A public or private project that is designed to improve fish or wildlife habitat or fish passage.
C. Letter of Exemption.
1. Whenever a development falls within the exemptions allowed per subsection B of this section, the City shall prepare a letter addressed to the applicant and the Department of Ecology exempting the development from the permit requirements of Chapter 90.58 RCW. This exemption shall be in substantially the form required by Chapter 173-27 WAC and be available from the Community and Economic Development Department of the City.
2. The Administrator shall determine to grant or deny exemption requests and state so in writing per Chapter 6 SMP.
3. Administrator’s actions on the issuance of a letter of exemption or a denial are subject to appeal pursuant to MTMC 16.10.120 and Chapter 6 SMP.
D. Nonconforming Uses and Development Standards.
1. Existing residential structures and appurtenant structures that are nonconforming to current standards for setbacks, buffers, or yards; area; bulk; height; or density are considered legal conforming, provided they were legally established and are used for a conforming use.
a. Redevelopment, expansion, maintenance, repair, or replacement of legal conforming residential structure and appurtenances is allowed consistent with this chapter, provided the work results in no net loss of shoreline ecological functions.
b. An enlargement or expansion shall not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new structures, unless a shoreline variance permit is obtained.
c. For purposes of this section, “appurtenant structures” means garages, sheds, and other legally established structures. “Appurtenant structures” does not include bulkheads and other shoreline modifications or overwater structures.
2. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the SMP may continue as legal nonconforming uses. Such uses shall not be moved, enlarged, or expanded.
3. If a nonconforming structure or development is damaged, it may be reconstructed subject to the valuation limitations for such damage per standards in Chapter 6 SMP.
4. Nonconforming uses that are discontinued may be reestablished subject to the time limitations in Chapter 6 SMP.
5. Nonconforming lots may not be made more nonconforming, but can be made more conforming.
E. Review Process and Criteria.
1. Processing of all permits or exemptions regulated by this chapter shall follow the procedures established in Chapter 173-27 WAC, as set forth in this chapter, and Chapter 6 SMP.
2. No authorization to undertake use, modification or development in the City of Mountlake Terrace shoreline jurisdiction shall be granted unless upon review the use, modification or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the City of Mountlake Terrace Shoreline Master Program, this chapter and MTMC Title 19, as applicable.
3. Appeal from a permit denial shall be in accordance with the procedures set forth in MTMC 16.10.120.
F. Substantial Development Permits.
1. A substantial development permit shall be required for all proposed use and development of shorelines per this chapter and Chapter 6 SMP unless the proposal is specifically exempt per subsection B of this section.
2. Application shall be made on forms supplied by the Community and Economic Development Department and shall, at a minimum, contain all the information required per Chapter 6 SMP and WAC 173-27-180. The Administrator is authorized to request additional information during the review and approval process.
3. Prior to a substantial development permit being granted, the Administrator shall make written findings that the proposal is consistent with the following criteria:
a. All regulations of the Master Program appropriate to the shoreline environment designation (Chapter 3 SMP) and the type of use, modification, or development proposed (Chapters 4 and 5 SMP) shall be met, except those bulk and dimensional standards that have been modified by approval of a shoreline variance.
b. All policies of the Master Program appropriate to the shoreline environment designation and the type of use, modification or development proposed shall be considered and substantial compliance demonstrated.
4. Special Procedures for Limited Utility Extensions and Bulkheads.
a. An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter together with the criteria per Chapter 6 SMP.
b. The time periods and procedures for public comment, decision, and appeal as set forth in Chapter 6 SMP shall apply.
5. Issuance of a substantial development permit does not constitute approval pursuant to any other federal, state, or City laws or regulations.
G. Conditional Use Permits.
1. Uses classified as subject to the issuance of a conditional use permit can be permitted only by meeting such performance standards that make the use compatible with other permitted uses within that area. Conditional use permits shall be granted only after the applicant can demonstrate consistency with all criteria set forth in Chapter 6 SMP.
2. Application shall be made on forms supplied by the Community and Economic Development Department and shall, at a minimum, include all the information required per Chapter 6 SMP. The Administrator is authorized to request additional information during the review and approval process.
3. The Hearing Examiner shall review and issue a decision on a conditional use application based on consistency with the criteria in Chapter 6 SMP. The hearing procedures and criteria in Chapter 18.05 MTMC apply.
H. Variances.
1. A variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this chapter and Chapter 6 SMP where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this SMP will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances from the use and modification regulations of this chapter and the SMP are prohibited.
2. Application shall be made on forms supplied by the Community and Economic Development Department and shall, at a minimum, include all the information required per Chapter 6 SMP and WAC 173-27-180. The Administrator is authorized to request additional information during the review and approval process.
3. Variances will be granted in circumstances where the denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances, the applicant must demonstrate that extraordinary circumstances exist and that the public interest shall suffer no substantial detrimental effect.
4. Consistency with all the criteria set forth in Chapter 6 SMP must be demonstrated to be granted approval. Conditions may apply to assure consistency.
5. The Hearing Examiner shall review and issue a decision on a variance application based on consistency with the SMP criteria. The hearing procedures and criteria in Chapter 18.05 MTMC apply.
I. Notice of Application. Upon determination of a complete application for a shoreline management substantial development permit, variance, or conditional use, the City shall:
1. Issue a notice of development application within 14 days of the determination substantially in the form set forth in MTMC 18.05.110. The notice shall include any additional provisions set forth in WAC 173-27-110(2). Notice shall also be provided to all agencies with jurisdiction per Chapter 43.21C RCW.
2. If an open record predecision hearing, as defined in RCW 36.70B.020, is required for the requested project permits, the notice of application shall be issued at least 15 days prior to the open record hearing.
3. Notices shall indicate when the public comment period expires, which shall be not less than 30 days from the date of notice of application.
4. Limited utility extensions and bulkheads are subject to special notice procedures and timelines, per Chapter 6 SMP.
J. Administrator Review. The Administrator has overall administrative responsibility for the SMP and this chapter and is to review and decide on all shoreline substantial development permits and exemption requests as provided for in Chapter 6 SMP.
K. Permits – Grant, Deny, Condition or Rescind Permits.
1. The City may condition permits pursuant to Chapter 6 SMP.
2. Issuance of a permit by the City does not obviate requirements for other federal, state, and City permits, procedures, and regulations.
3. Failure to comply with the conditions of a permit is subject to rescission of the permit, including public hearing, pursuant to Chapter 6 SMP.
L. Notice of Decision and Reconsideration.
1. Within five days of a decision, the Administrator shall deliver notices of decision, also known as the “date of filing,” consistent with notice of decision contents and provisions in Chapter 6 SMP and WAC 173-27-130.
2. Within 10 days of the notice of decision, an applicant or any party of record may request reconsideration in writing, subject to Chapter 6 SMP.
M. Initiation of Development. Approved development shall not begin until at least 21 days after the date of filing, or until all review proceedings before the Shoreline Hearings Board of the State of Washington have terminated per Chapter 6 SMP.
N. Revisions in Substantial Development Permits. A revision to an approved permit is subject to all the requirements, criteria and procedures set forth in Chapter 6 SMP and, as applicable, Chapter 90.58 RCW and Chapter 173-27 WAC.
O. Time Limits. Time limits or requirements, as set forth in Chapter 6 SMP and consistent with WAC 173-27-090 and RCW 90.58.143, apply to all substantial development permits.
1. Construction or substantial progress toward construction of a project for which a permit has been granted must be undertaken within two years after the approval of the permit or the permit shall terminate and a new permit will be necessary.
2. If a project has not been completed within five years after the approval date, the Administrator shall review the permit and, upon a showing of good cause, may extend the permit for one year.
3. Different time limits, longer or shorter, may be authorized by the Administrator appropriate to the specific permit for good cause as defined in Chapter 6 SMP.
4. The Administrator shall notify the Department of Ecology in writing of changes in effective dates of permits.
P. Forms and Fees. All applications shall be made on forms provided by and available from the City of Mountlake Terrace Community and Economic Development Department. Application fees shall be consistent with the adopted fee resolution. (Ord. 2811 § 7, 2022; Ord. 2747 § 2 (Exh. A), 2019).
16.10.100 Authority, compliance, and enforcement.
A. Authority. The Shoreline Administrator shall have overall administrative responsibility for this chapter and the Master Program per Chapter 6 SMP. The Administrator is authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter and the SMP.
B. Compliance. Failure to comply with the conditions of approval associated with a shoreline permit shall cause the permit to immediately become void and any continuation of the use activity shall be considered a violation of this chapter and the Master Program and a public nuisance subject to enforcement proceedings.
C. Enforcement. Procedures for investigation and notice of violation, compliance, and imposition of penalties for the violation of any requirements of this Master Program shall be consistent with applicable provisions in this chapter and Part II of Chapter 173-27 WAC.
D. Criminal Penalties – Civil Liability. Violations of this chapter or the Master Program are subject to the penalties and fines set forth in this chapter and Chapter 6 SMP, and shall be consistent with applicable provisions in Part II of Chapter 173-27 WAC and RCW 90.58.210, 90.58.220 and 90.58.230.
1. Any person found to have willfully engaged in activities on the shorelines of the City in violation of this chapter or the Shoreline Management Act or in violation of the Master Program rules or regulations adopted pursuant thereto shall be guilty of a gross misdemeanor. Upon conviction, such person shall be punished by a fine of not less than $25.00 nor more than $5,000 or by imprisonment for a period not to exceed 364 days, or both such fine and imprisonment; provided, that the fine for the third and all subsequent violations in any five-year period shall be not less than $500.00 nor more than $5,000.
2. The City Attorney shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the City in conflict with the provisions and programs of this chapter or the Shoreline Management Act, and to otherwise enforce the provisions of this chapter and the Shoreline Management Act.
3. Any person subject to the regulatory program of this chapter who violates any provision of this chapter or the provisions of a permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The City Attorney shall bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney’s fees and costs of the suit to the private person bringing suit, where he prevails. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.110 Amendments.
A. The City shall conduct a review of the SMP at least once every eight years and as required by RCW 90.58.080. Following the review, the SMP shall, if necessary, be revised.
B. Any of the provisions of the City Shoreline Master Program may be amended as provided for in RCW 90.58.120 and 90.58.200 and Chapter 173-26 WAC, including the optional joint review process per WAC 173-26-104. Any amendments shall also be subject to the procedures in Chapter 18.05 MTMC.
C. Amendments or revisions to the Master Program do not become effective until reviewed and approved by the Department of Ecology pursuant to RCW 90.58.090 and WAC 173-26-110 and 173-26-120. (Ord. 2747 § 2 (Exh. A), 2019).
16.10.120 Appeals.
A. Appeals of administrative decisions shall be filed within 14 days of the date of decision. The Hearing Examiner shall hear and decide on such appeals per open record appeal procedures pursuant to Chapter 18.05 MTMC.
B. Appeals of a final decision of the City shall be governed by the provisions of RCW 90.58.180. Any aggrieved party may seek review from the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing of the decision, as defined in RCW 90.58.140(6).
C. Appeals of the Department of Ecology’s decision, to adopt or amend the City’s Master Program, shall be to the Growth Management Hearings Board by filing a petition as provided in RCW 36.70A.290 and 90.58.190. Appeals must be filed within 60 days after publication of Ecology’s adoption notice. (Ord. 2747 § 2 (Exh. A), 2019).