Chapter 17B.16 PERMITTED USES

A. The purpose of this chapter is to establish permitted and conditional uses by zone for uses within the shoreline areas of the city. Uses with additional requirements are indicated on the Permitted Use Matrix by reference numbers.

B. Permitted and conditional uses in the shoreline jurisdiction shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public’s use of the water. Shoreline development must comply with the shoreline management plan’s goals and policies and environment designation management policies contained in the Mukilteo comprehensive plan and shoreline management plan as well as specific shoreline use regulations, shoreline critical area regulations, and shoreline modification activity provisions contained in Chapter 17B.18. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.020 Categories of uses.

A. The Permitted Use Matrix summarizes the permitted (P), special use permit (SUP), conditional use (C), and prohibited (X) uses. The permitted and conditional uses in each zone or shoreline environment present the uses most compatible with the goals and policies of Mukilteo’s comprehensive plan, shoreline management plan (SMP) and the requirements of the Washington State Shoreline Management Act (SMA).

B. In general, uses are permitted, conditional, or prohibited. Shoreline uses that are not specifically listed on the Permitted Use Matrix will require a shoreline conditional use permit if consistent with the goals and policies of the shoreline management plan. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.030 Lots.

Uses shall be established upon legally created or legal nonconforming lots. A lot may have more than one permitted or conditional use placed within its bounds, except that only one single-family dwelling unit may be placed on a lot. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.040 Shorelines Permitted Use Matrix.

A. Table 1 Permitted Use Matrix.

Shoreline Use Designation	Urban Waterfront	Urban Waterfront Park	Urban Conservancy	Aquatic Urban	Aquatic Urban Conservancy	Urban Lakefront and Uplands	Urban Railroad
Residential Use
Animal and Horse Shelter Building, Barns	X	X	C	X	X	C	X
Caretakers Quarters	P1	P	X	X	X	X	X
Home Occupation3	P	X	P	X	X	P	X
Mixed-Use (Commercial w/Multifamily)	P2	X	X	X	X	X	X
Single-Family Detached Residences and Accessory Uses	X	X	P	X	X	P	X
Multifamily in MR Zone Only (MF are Prohibited in All SFR Zones)	X	X	P (in MR Zone Only)	X	X	X	X
Long-Term Transient Residential Uses	X	X	X	X	X	X	X
Swimming Pool, Private7	P	X	P	X	X	P	X
Commercial Uses
Art Gallery	P	P1	X	X	X	X	X
Art Studio in Conjunction with Retail	P	P1	X	X	X	X	X
Adult Entertainment	X	X	X	X	X	X	X
Bed and Breakfast	P	C(4,5,6)	X	X	X	X	X
Brewery, Micro; Winery8	X	X	X	X	X	X	X
Cleaning Establishment	X	X	X	X	X	X	X
Clubs, Charitable, Nonprofit or Social Organizations	X	X	X	X	X	X	X
Commercial Parking Lot or Garage	P9	X	X	X	X	X	X
Concession Stand	C	P1	X	X	X	X	X
Financial Institutions	X	X	X	X	X	X	X
Health Club	X	X	X	X	X	X	X
Hotel/Motel	P	X	X	X	X	X	X
Museum	C	P1	X	X	X	X	X
Office, General	P10	X	X	X	X	X	X
Restaurant	P	X	X	X	X	X	X
All Other Commercial/Retail Service Uses:
Water—Enjoyment	P	X	X	X	X	X	X
Water—Dependent	P	X	X	X	X	X	X
Water—Related	P	X	X	X	X	X	X
Tavern	X	X	X	X	X	X	X
Industrial Uses
All Other Industrial Uses Not Listed	X	X	X	X	X	X	X
Mining	X	X	X	X	X	X	X
Railroad Tracks and Accessory Uses	X	X	X	X	X	X	C
Sewer Outfalls	C	C	C	C	C	X	C
Stormwater Outfalls	P	P	P	P	P	P	P
Water and Sewer Treatment Plants and Modifications Thereto	X	X	C	X	X	X	X
Public Uses
Local Marine Education Facilities	P	P	P	P	P	X	X
Pedestrian Bus/Transportation Shelter	P	P	X	X	X	X	X
Special Events	P	P	P	P	P	P	X
Recreation
Dive Park	C	C	X	C	X	X	X
Mukilteo Lighthouse and Park	X	P1	X	P	X	X	P
Park Caretakers Quarters	P1	P1	X	X	X	X	X
Park, Public	P	P	P	P	P	P	X
Park/Recreation/Public Access (Including Bicycle Trails, and Bicycle Lanes Along Streets)	P	P1	P (passive recreation only)	P	P	P	X
Water—Enjoyment	P	P1	X	P	X	X	X
Water—Dependent	P	P1	X	P	X	X	X
Water—Related	P	P1	X	P	X	X	X
Utilities (Underground Required)
Major Aboveground Utility Facilities	C	C	C	C	C	C	X
Wireless Communication Facilities—Detached	X	X	X	X	X	X	X
Wireless Communication Facilities—Attached	C	C	C	X	X	X	X
Other
Agriculture	X	X	X	X	X	X	X
Aquaculture
Commercial Aquaculture, by Private Entity	X	X	X	X	X	X	X
Aquaculture, by Tribal Treaty Rights	C	C	X	C	C	X	X
Forestry	X	X	X	X	X	X	X
Moved-In Buildings	C	C	C	X	X	C	X
Nonconforming Use: Changes or Intensification	C	C	C	C	C	C	X
Temporary Emergency Use	C	C	C	C	C	C	C
Transportation Facilities	P	P	P	C w/EPF	X	X	C
Boating Facilities and Other Specific Shoreline Uses
Boating Facilities Not Otherwise Listed	X	X	X	X	X	X	X
Boathouse	X	X	X	X	X	X	X
Boats; Live Aboard	X	X	X	X	X	X	X
Boat Launches	C	P1	X	C	X	X	X
Buoys	P	P1	X	P	P	X	X
Covered Moorage	X	X	X	X	X	X	X
Day Moorage	C	X	X	C	X	X	X
Docks	P1/C	P1/C	X	P1/C	X	P	X
Floats	P	P1	X	P	X	P	X
Marinas	X	X	X	X	X	X	X
Non-Water-Oriented	P	C	X	C	X	X	X
Navigation Devices	P	P	P	P	P	P	X
Piers	P1/C	P1/C	X	P1/C	X	X	X
Seaplane Facilities	C	X	X	C	X	X	X
Essential Public Facilities (EPF)
Local EPF	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP
Regional EPF	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP
State	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP	C and SUP
Land Development
Subdivision of Land or Binding Site Plans	P	P	X (waterward of BNSF tracks)	X	X	P	X

B. Reference Notes for the Permitted Use Matrix.

1. Master Plan Required. The use must be listed in or included as an element of a master plan approved by the Mukilteo city council before the use will be allowed.

2. Residential Units.

a. Single-Family Dwelling Units.

i. No single-family residence may be located north or northwest of the Burlington Northern railroad tracks.

ii. Single-family residences that existed prior to the effective date of the ordinance codified in this title may be altered; provided, that the alterations include only those repairs that are necessary and incidental to meet requirements of law regarding unsafe buildings and that the building is not expanded.

iii. An existing single-family residence may be expanded only if the alteration is combined with commercial uses in accordance with the provisions of this title and the living portion of the building is relocated to above the commercial space. The commercial space shall cover the entire ground floor (street level) of the structure.

b. Multifamily Dwelling Units.

i. Multifamily residences may be located in the WMU district as an accessory use, provided they are combined with retail, service, professional offices or other commercial use.

ii. Dwelling units shall be located above permitted commercial, office, and parking uses.

iii. Density shall be determined based on lot coverage and building height. A maximum of twenty percent of the units may be less than one thousand gross square feet.

3. Home Occupation. Home occupations are allowed, providing the following conditions are met:

a. Occupation is clearly subordinate to the use of the dwelling as a residence;

b. Occupations must be of such a nature that they are customarily carried out by the occupants, within the confines of a residence to the exclusion of accessory buildings and that there is no more than one person other than members of the immediate family employed;

c. There is no stock in trade other than that produced by the inhabitants which are displayed or sold on the premises;

d. That there is no exterior evidence that the structure is being used for any nonresidential purpose, with the exception of a nonluminous sign bearing the name and occupation of the occupant, three square feet maximum placed flat against the building; and

e. That there is nothing about the occupation which would disturb the surrounding neighbors, such as vibrations, smoke, dust, increased traffic, loud noises, and/or bright lights.

4. Uses in the OS District. Uses only allowed at the Mukilteo Lighthouse Park.

5. Uses in the OS District. Uses only allowed at the Mukilteo Lighthouse Park grounds.

6. Accessory Uses in the OS District. Only allowed if accessory, incidental, and subordinate to, and in support of, a principal public recreational use. Accessory structures shall be in keeping with existing design and scale of the site and surrounding neighborhood.

7. Swimming Pools. Private swimming pools are allowed, provided the following conditions are met:

a. It is for the sole use of occupants and their guests;

b. No swimming pool will occupy a front yard;

c. The swimming pool will not be located closer than seven feet from any rear or side property line; and

d. The swimming pool will be screened from adjacent properties by a solid wall or fence six feet in height.

8. Brewery, Micro; and Winery. Shall be permitted only in combination with a restaurant or tavern, and shall not exceed the square footage of the principal use.

9. Commercial parking lots are allowed in conjunction with the multi-modal transit station.

10. Offices are allowed in multi-use buildings, providing the first (ground) floor is reserved for retail.

11. Shoreline Uses. Where allowed in the Permitted Use Matrix, private, noncommercial docks for individual residential or community use may be authorized; provided, that:

a. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible;

b. The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat.

c. An inventory of the site and adjacent beach sections shall be prepared to assess the presence of critical saltwater habitats and functions. The methods and extent of the inventory shall be consistent with accepted research methodology. At a minimum, the Department of Ecology should be consulted with for guidance and technical assistance.

12. Essential Public Facilities. Docks, bulkheads, bridges, fill, floats, jetties, utility crossings, and other human-made structures shall not intrude into or over critical saltwater habitats except when all of the conditions below are met:

a. The public’s need for such an action or structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020;

b. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose;

c. The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat;

d. The project is consistent with the state’s interest in resource protection and species recovery.

13. Only tribal aquaculture is allowed as per treaty rights and following MMC 17B.16.270. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.050 Development regulations for archaeological/historical.

A. If any item of possible archaeological or historical significance is uncovered during excavation or development, all work shall immediately stop, and the city of Mukilteo, State Department of Archeology and Historic Preservation, and potentially the appropriate Native American Tribes shall be immediately notified. The project proponent shall then be required to provide a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data are properly recovered.

B. Significant archaeological and historic resources shall be permanently preserved for study, education, and public observation. When the city of Mukilteo determines (in consultation with the State Department of Archeology and Historic Preservation and appropriate Tribes) that a site has significant archaeological, cultural, scientific, or historical value, a substantial development permit (which would pose a threat to the site) shall not be issued. The city may require that development be postponed in such areas to allow investigation of or public acquisition and/or retrieval and preservation of significant artifacts.

C. In the event that unforeseen factors constituting an emergency necessitate rapid action to retrieve or preserve artifacts or data described above, the project may be exempted from the permit requirement of these regulations. The city shall notify the Department of Ecology, the State Attorney General’s Office, and the State Department of Archeology and Historic Preservation of such a waiver in a timely manner.

D. Archaeological excavations may be permitted subject to the provisions of the SMP policies.

E. Archaeological sites located both in and outside the shoreline jurisdiction are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and shall comply with Chapter 25-48 WAC as well as provisions in this SMP.

F. Access to identified historical or archaeological resources shall be designed and managed so as to give maximum protection to the resource and the surrounding environment.

G. Identified archaeological or historical resources shall be considered in park, open space, public access, and site planning, with access to such areas designed and managed so as to give maximum protection to the resource and surrounding environment.

H. Interpretive signs and displays for archaeological or historical features shall be provided where appropriate. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.060 Development regulations for land subdivision.

A. Urban Conservancy Environment.

1. Within the urban conservancy environment designation, subdivisions of land shall only be permitted in lands landward of the BNSF railroad tracks where a building pad of two thousand five hundred square feet can be located outside of any critical areas and their buffer.

2. Lands west of the railroad tracks in urban conservancy designation may not be further subdivided.

3. Within the urban conservancy environment designation, all subdivisions shall remove existing bulkheads or revetments to soften the shoreline as part of the approval process where feasible.

B. All Environmental Designations.

1. Tidelands/submerged lands shall not be used in calculation of minimum lot size. All property must be above the ordinary high water mark (OHWM) not created by bulkheads or riprap.

2. Community and public access and utility easements to the shoreline property are required unless shown not to be feasible due to impacts to critical areas. Access must be provided via separate access tracts.

3. Subdivision shall be prohibited where shoreline stabilization is required for development to occur.

4. Plats shall sufficiently set back residential development, including appurtenant structures and uses, from steep slopes and shoreline vulnerable to erosion so that structural improvements, including bluff walls and other stabilization structures, are not required to protect such structures and uses. A geotechnical report shall be submitted with the plat application that addresses building setbacks necessary to protect steep slopes and shorelines.

5. All subdivisions shall be designed to retain vegetation on steep slopes and shall be required to provide riparian vegetation enhancement where needed along the shoreline or as buffers to critical areas.

6. Plats and subdivisions must be designed, configured and developed in a manner that ensures that no net loss of ecological functions results at full build-out of the lots. A biological assessment shall be submitted with the application that addresses no net loss of ecological functions.

7. Plats and subdivisions must be designed, configured and developed in a manner that does not require the need for new shoreline stabilization or flood hazard reduction measures that would impact other properties, public improvements, or a net loss of shoreline ecological functions.

8. All types of over-water residences are prohibited.

9. Docks, piers, and floats are allowed per Section 17B.16.115, docks. A subdivision is only allowed one shared dock or pier as follows:

a. Two lots: seven hundred square feet.

b. Three or more lots: one thousand square feet. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.070 Development regulations for parking.

A. On-site parking for single-purpose or joint use/shared parking lots and garages in commercial, mixed-use, and multi-modal development within the two-hundred-foot shoreline jurisdiction in the urban waterfront environment designation and WMU zones shall not be located within seventy-five feet of the OHWM. Off-street parking is limited to the parking necessary to support a permitted use unless created as shared or joint parking.

B. Off-site parking for permitted uses within the shoreline jurisdiction shall be located outside the shoreline jurisdiction in joint-use or shared parking garages or lots where garages are not feasible. If it is necessary for the project success to have accessory parking within seventy-five feet of the shoreline, all accessory parking will be located on a public street or as part of a shared parking garage.

C. Parking garages or parking lots shall be located landward of the permitted shoreline use, such that a building or park use separates the shoreline from the parking lot or stalls. Parking under or landward of buildings is preferred over stand-alone parking lots. Parking to the side must be camouflaged by solid walls with landscaping.

D. Parking lots shall be concealed by using the following at a minimum:

1. Five-foot-wide landscaping strip with trees and hedges within and along the perimeter of the use.

2. Parking garages shall provide commercial, recreational, or other uses along the street frontage of Front Street and the pedestrian promenade unless otherwise allowed by the Mukilteo city council through the tank farm redevelopment process with Sound Transit, Washington State Ferries, and the Port of Everett.

3. Parking lots shall be designed with water quality treatment as required by the most recently adopted stormwater manual.

E. Parking over water is prohibited, except as necessary for ferry terminal operations.

F. Shared parking for uses with different hours of operation is strongly encouraged.

G. Parking facilities for shoreline uses shall provide ADA compliant pedestrian circulation within the parking area and to the shorelines.

H. Public view parking shall be integrated into parking lots serving the promenade, parks, and open spaces along the shoreline.

I. Parking facilities shall be planned, located, and designed so that each facility will have the least possible adverse effect on unique or fragile shoreline features and existing ecological functions.

J. Lighting shall be shielded from surrounding uses and the water.

K. Stormwater runoff shall be directed away from the shoreline and to an approved and designated stormwater collection facility that has best available technology (BAT) treatment before releasing directly into Puget Sound.

L. Parking requirements of Section 17B.25.090 and Chapter 17B.56 shall also apply to all development proposals. If there is a conflict between these sections, the most restrictive shall apply. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.090 Development regulations for commercial and mixed-use development.

A. This section applies to uses that are involved in wholesale, retail, service, and business trades, as well as mixed-use, water-dependent, water-related and water-enjoyment facilities. This section does not apply to boat or marina facilities or essential public facilities, both of which are addressed separately in this chapter. Preference of uses shall be as follows:

1. Water-Dependent Uses. 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. Water-dependent uses may be located north of Front Street.

2. Water-Enjoyment Uses. A recreational 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 operations ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment. Water-enjoyment uses may be located north of Front Street.

3. Water-Related Uses. A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location. Water-related uses must be separated from the shoreline by another land parcel and located south of Front Street.

4. Non-Water-Dependent Uses. Means those uses that are not water-dependent, water-related, or water-enjoyment. Non-water-dependent uses must be separated from the shoreline by another land parcel and located south of Front Street.

B. City of Mukilteo design standards for mixed-use development related to off-street parking areas (Guideline 2), lighting of pedestrian zones (Guideline 3), and pedestrian streetscapes (Guideline 5) as stated in Chapter 17B.25 shall apply, except in those cases where needs for ferry terminal security render these guidelines infeasible.

C. New development or redevelopment of non-water-dependent use adjacent to the shoreline shall protect, enhance, or mitigate shoreline ecological functions affected by the project. The Department of Fish and Wildlife shall be consulted on the appropriate development practices.

D. New over-water construction shall be limited to water-dependent uses or essential public facilities.

E. Waterward of OHWM, water-related and water-enjoyment uses may occupy an existing structure, provided they are auxiliary to and in support of water-dependent uses and provided the size of the over-water construction is not expanded for non-water-dependent uses. Non-water-oriented uses may occupy an existing structure; provided, that:

1. They are necessary for the support of water-dependent transportation uses or intermodal public transportation systems;

2. The size of the over-water construction is not expanded for non-water-dependent uses;

3. No other feasible alternative for their location at another site exists;

4. The use is part of a mixed-used project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration; or

5. Navigability is severely limited at the proposed site, and the commercial use provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration.

F. In areas designated for commercial use, non-water-oriented commercial development may be allowed if the site is physically separated from the shoreline by another property or public right-of-way. Non-water-dependent commercial uses shall not be allowed over water except in existing structures or in the limited instances where they are auxiliary to and necessary in support of water-dependent uses.

G. Any over-water development shall meet all requirements established by the Department of Ecology, Washington State Department of Fish and Wildlife (WDFW) and U.S. Army Corps of Engineers (Corps). These requirements may include preparation and review of a biological assessment and/or habitat management plan.

H. Commercial uses located within the shoreline jurisdiction and adjacent to the shoreline shall not be located so as to obstruct or impede pedestrian beach access at low tide waters, as established by the mean low tide mark.

I. All commercial buildings adjacent to the shoreline or pedestrian promenade shall have their loading and service areas located on the upland side (i.e., off the public street), except when no other feasible location is available and where adequate provisions have been made to screen the loading and service area from the shoreline. Best management practices and procedures (BMPs) shall be employed for the safe handling of fuels and toxic or hazardous materials. BMPs shall also be employed for all services and activities performed to minimize impacts to water quality. All actions necessary to ensure that contaminants do not enter the water or storm drainage system shall be taken.

J. Pedestrian Promenade. All development within the two-hundred-foot shoreline jurisdiction shall provide pedestrian accessibility along the waterfront. The intent of the waterfront promenade is to have a walkway/boardwalk and beach access from Lighthouse Park to the east side of the tank farm/Everett city limits.

1. All new development shall be set back twenty feet from the riprap or from a newly established beach and shall incorporate fifteen feet of pedestrian amenities with a five-foot landward setback from the pedestrian amenities that conform to the waterfront promenade standards and provide beach access where feasible.

2. Public access to the beach or access to the promenade is required of commercial and mixed-use developments within the shoreline jurisdiction. Access points need to be a minimum of twenty-five feet wide and shall be provided at least every two hundred feet.

3. Visual access to Puget Sound is also required of commercial and mixed-used developments. Building breaks or portals may be used to provide visual access to the sound. Visual access shall be at least twenty-five feet wide and shall be provided at least every two hundred feet at street level. Portals can act as both visual access to the sound and public access to the shoreline.

4. Sidewalks along Front Street shall be a minimum of eight feet. All other sidewalks in the shoreline area shall be no less than five feet.

K. Visual access to Puget Sound is also required of all developments south of Front Street. Building breaks or portals may be used to provide visual access to the sound. Visual access shall be at least twenty-five feet wide and shall be provided at least every two hundred feet at street level. Portals can act as both visual access to the sound and public access to the shoreline. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.100 Development regulations for essential public facilities.

A. Essential public facilities and transportation facilities of statewide significance are necessary and important in the provision of public systems and services. The city of Mukilteo already hosts or borders on a number of essential public facilities, including, but not limited to, the following:

1. The Mukilteo Lighthouse and Fog Horn;

2. The Washington State Ferries Mukilteo-Clinton Ferry Terminal;

3. The Sound Transit Mukilteo Station;

4. The Port of Everett Rail Barge Facility;

5. The Snohomish County mental health evaluation facility;

6. Snohomish County Paine Field Airport;

7. Burlington Northern Railroad Tracks;

8. State Route 525;

9. State Route 526; and

10. The Mukilteo water and wastewater district’s Big Gulch wastewater treatment facility and its outfall.

B. The purpose of this chapter is to implement the Shoreline Management Act, Growth Management Act and the Mukilteo comprehensive plan by establishing processes for the siting and expansion of essential public facilities in the city of Mukilteo as necessary to support orderly growth and delivery of public services. The city’s goal in promulgating the regulations under this chapter is to ensure the timely, efficient and appropriate siting of EPFs while simultaneously acknowledging and mitigating the significant community impacts often created by such facilities. Nothing in this chapter should be construed as an attempt by the city to preclude the siting of essential public facilities in contravention of applicable state law.

C. Requirements for Siting or Expansion of Local Essential Public Facilities.

1. A special use permit shall be required as provided in this section before any local essential public facility (other than a secure community transition facility as defined in RCW 71.09.020) may be located or expanded within the city of Mukilteo, regardless of the zoning district in which such facility is or is proposed to be located.

2. A complete application for a special use permit for a local essential public facility shall include all items set forth under the general application, site/building plans, civil/engineering, and environmental categories in Table 2 adopted by Section 17B.13.040, with the exception of a plat map. The planning director shall develop a supplemental application form which addresses and provides sufficient information to judge the application’s compliance with each of the approval criteria set forth in subsection D of this section.

3. A special use permit for a local essential public facility shall be processed as a Type II permit under the process set forth in Table 4 adopted by Section 17B.13.070. Notice of the application and the required public hearing shall be given as provided in Sections 17B.13.090 and 17B.13.100. Notices shall be posted on site, posted at the city’s designated posting places, advertised in the city’s official newspaper, and mailed to property owners within three hundred feet.

4. A special use permit for a local essential public facility shall be approved upon a determination that:

a. The project sponsor has demonstrated a need for the project, as supported by a detailed written analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

b. The project sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology, as verified by the city and reviewed by associated jurisdictions and agencies;

c. Only water-dependent essential public facilities shall be allowed over water;

d. Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

e. Necessary infrastructure is or will be made available to ensure that public safety responders have capacity to handle increased calls or expenses that will occur as the result of the facility;

f. The project sponsor has the ability to pay for all capital costs associated with on-site and off-site improvements;

g. The facility will not unreasonably increase noise levels in residential areas, especially at night;

h. Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties;

i. The local essential public facility is not located in any residential zoning district identified in Table 1 in Section 17B.16.040, except as provided in this subsection. If the land on which a local essential public facility is proposed is located in any such residential zoning district, the applicant must demonstrate to the hearing examiner that there is no other feasible location for the facility and that the exclusion of the facility from the residential districts of the city would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to be located in the residential zoning district;

j. The local essential public facility meets all provisions of this code for development within the zoning district in which it is proposed to be located, including but not limited to the bulk regulations of Chapter 17B.20, except as provided in this subsection. If a local essential public facility does not meet all such provisions, the applicant must demonstrate that compliance with such provisions would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion; and

k. Any and all probable significant adverse environmental impacts are mitigated.

5. If the hearing examiner determines that any one or more of the decision criteria set forth in subsection (C)(4) of this section is not met by the proposal, the hearing examiner shall impose such reasonable conditions on approval of the special use permit as may be necessary in order to enable the facility to meet the decision criteria.

6. The decision criteria set forth in subsection (C)(4) of this section shall not be applied in such a manner as to preclude the siting or expansion of any local essential public facility in the city of Mukilteo. In the event that a local essential public facility cannot, by the imposition of reasonable conditions of approval, be made to meet the decision criteria set forth in subsection (C)(4) of this section on the preferred site described in the proposal, the hearing examiner shall either:

a. Require the local essential public facility to be located on one of the investigated alternative sites, if the proposal can be reasonably conditioned to meet the decision criteria at the alternative site; or

b. Approve the siting or expansion of the local essential public facility at the preferred site with such reasonable conditions of approval as may be imposed to mitigate the impacts of the proposal to the maximum extent practicable, if there is no available alternative site on which the decision criteria can be met.

D. Siting and Expansion of State and Regional Essential Public Facilities.

1. Any proposal for the siting or expansion of a state or regional essential public facility shall follow the procedures established by Chapter 17B.13 for the underlying permit, e.g., building permit, subdivision, binding site plan, etc.; provided, that a public hearing shall be held prior to the issuance of any such permit in order to obtain public input on the permit criteria and conditions of approval. If the underlying permit ordinarily requires a public hearing, the public hearing required by this section shall be consolidated with the required public hearing and heard by the same hearing body or officer. If the underlying permit does not ordinarily require a public hearing, the hearing examiner shall conduct the public hearing and shall thereafter be the approval authority for such underlying permit. Notice of the application and the required public hearing shall be given as provided in Sections 17B.13.090 and 17B.13.100. Notices shall be posted on site, posted at the city’s designated posting places, advertised in the city’s official newspaper, and mailed to property owners within three hundred feet.

2. State and regional essential public facilities shall not be located in any residential zoning district identified in Table 1 in Section 17B.16.040 except as provided in this subsection. If the land on which a state or regional essential public facility is proposed is located in any such residential zoning district, the applicant must demonstrate to the hearing examiner that there is no other feasible location for the facility and that the exclusion of the facility from the residential districts of the city would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to be located in the residential zoning district.

3. State and regional essential public facilities shall meet all provisions of this code for development within the zoning district in which they are proposed to be located, including but not limited to the bulk regulations of Chapter 17B.20, except as provided in this subsection. If a state or regional essential public facility does not meet all such provisions, the applicant must demonstrate to the hearing examiner that compliance with such provisions would preclude the siting of all similar facilities anywhere within the city. If the applicant is able to make such a demonstration, the hearing examiner shall authorize the essential public facility to deviate from the provisions of this code to the minimum extent necessary to avoid preclusion.

4. The hearing examiner shall impose reasonable conditions upon the state or regional essential public facility in order to ensure that:

a. Necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

b. Necessary infrastructure is or will be made available to ensure that public safety responders have capacity to handle increased calls or expenses that will occur as the result of the facility;

c. The project sponsor has the ability to pay for all capital costs associated with on-site and off-site improvements;

d. The facility will not unreasonably increase noise levels in residential areas, especially at night;

e. Visual screening will be provided that will mitigate the visual impacts from streets and adjoining properties; and

f. Any and all probable significant adverse environmental impacts are mitigated.

g. The hearing examiner shall not impose conditions in such a manner as to preclude the siting or expansion of any state or regional essential public facility in the city of Mukilteo. In the event that a state or regional essential public facility cannot, by the imposition of reasonable conditions of approval, be made to mitigate the impacts described in subsection D of this section, the hearing examiner shall approve the siting or expansion of the state or regional essential public facility with such reasonable conditions of approval as may mitigate such impacts to the maximum extent practicable.

E. Only water-dependent essential public facilities shall be allowed over water.

F. New construction of essential public facilities that results in unavoidable impacts to ecological functions, including the temporary or long-term loss of habitat, shall mitigate the loss of ecological functions to the extent feasible and practical.

G. No mitigation shall be required by the city for routine repair and rehabilitation of EPFs if said repair and/or rehabilitation does not result in unavoidable impacts to ecological functions or permanent loss of habitat; mitigation may or may not be required by other governmental agencies or tribal governments. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.110 Development regulations for in- or over-water facilities in the aquatic urban and aquatic urban conservancy environment.

A. In-water facilities (such as docks, covered moorage, boathouses, or live-aboards) for single-family, multifamily, and mixed-used developments are prohibited in the aquatic urban and aquatic urban conservancy environment.

B. General requirements that apply to all allowed (permitted or conditional uses) in- or over-water facilities use:

1. All in-water and boating facilities shall only be located where access can be provided in accordance with city of Mukilteo development standards and the International Fire Code regulations.

2. All in-water and boating facilities shall comply with all state and federal permitting regulations including the Department of Fish and Wildlife, Corps of Engineers, and Snohomish health district requirements.

3. All dimensions shall be the minimum necessary to support the intended use.

4. Docks and piers for water-dependent uses shall be located at least five feet from the extended side property lines, except for joint-use structures which may abut property lines, provided the adjacent property owners have mutually agreed to the structure location in a contract agreement recorded with Snohomish County recorder’s office.

5. Piles, floats, or other structural members in direct contact with the water shall be constructed of concrete or steel in accordance with current BMPs and shall not be treated or coated with herbicides, fungicides, or pentachlorophenol. Use of arsenate compounds or creosote is prohibited. As a least preferred option, ACZA treated wood is only allowed as long as it meets post-treatment procedures of American Wood-Preservers’ Association and Western Wood Preservers Institute, and is approved by applicable state and federal agencies.

6. Pilings employed in piers or any other structure shall have a minimum vertical clearance of two feet above extreme high water and maximum clearance of five feet above the OHWM, except when needing to meet ADA standards.

7. Floating structures shall at no time rest on the beach substrate, with the exception of a public boat launch as approved by local, state and federal agencies.

8. All construction-related debris shall be disposed of properly and legally. Any debris that enters the water shall be removed promptly.

9. All applicable permits from federal and state agencies shall be obtained, and “concurrence” must be received regarding effects to any species listed under the Endangered Species Act (ESA). This may include preparation and review of a biological assessment based upon a federal or state nexus as part of this process. Development shall not result in a net loss of shoreline ecological function or other significant adverse impacts.

10. Marine fuel, oil, and other petroleum product storage must occur landward of the OHWM. Pumping or distribution of marine fuel, oil, or other petroleum products may occur on a pier facility; provided, that such a pier is firmly attached to the piling and that the facility is part of the NOAA facility, ferry terminal complex or essential public facility. (Also, see underground fuel storage requirements, Chapter 8.12, Storage and Distribution of Fuel and Oil.)

11. Provide visual and physical public access to the shoreline. Public access shall be designed to be environmentally sound and aesthetically compatible with adjacent areas, as well as be safe for users. Docks or piers constructed with safety railings shall meet the height requirements of the International Building Code, AASHTO, and built with an open framework. Access corridors shall be a minimum of twenty-five feet wide. Development shall also comply with the additional development regulations for recreation and public access as provided for in this chapter.

12. All new piers or docks must be fully grated. Decking shall have a minimum open space of forty percent, and shall result in at least sixty percent ambient light beneath the structure.

13. Length, width, and pilings shall be designed using best management practices as conditioned in environmental permitting documents approved by WDFW and USACE.

14. Lighting associated with overwater structures shall be beamed, hooded or directed to avoid causing glare on adjacent properties or water bodies. Illumination levels shall be the minimum necessary for safety.

15. Extended off-shore mooring shall be prohibited unless the applicant submits a copy of a state issued lease agreement or permission.

16. All over-water structures shall be designed and located so as not to constitute a hazard to navigation or other public uses of the water.

17. All over-water structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe structures shall be removed or repaired promptly by the owner.

C. Additional Regulations for Day Use Moorage Facilities.

1. The existing day moorage facility extending waterward of SR 525 may continue in its present location or be relocated as allowed by local, state, and federal regulations.

2. Day moorage facilities may have up to five slips.

3. Covered moorage is prohibited.

4. Overnight moorage (between two-thirty a.m. and four-thirty a.m.) is prohibited at the “day use moorage facility.”

5. Moorage facilities shall be marked with reflectors, or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finishes shall be generally nonreflective.

D. Additional Regulations for the Mukilteo Ferry Terminal Facilities.

1. Ferry and boating facilities shall be located where there are suitable environmental conditions, including mixing and flushing adequate to avoid water quality problems, and where avoidance of areas that affect littoral drift, fish, and shellfish spawning and rearing, while being able to design structures that allow for continued fish passage.

2. Design and operation of ferry and boating facilities shall mitigate for impacts to water quality standards set by the Department of Ecology (Section 401 Water Quality Certification and Chapter 173-201(A) WAC).

E. Repair, Replacement, and Expansion of Existing Over-Water Structures.

1. Existing over-water structures may be repaired and/or replaced in the same location as the existing structure.

2. Repair or replacement of fifty percent or more of an existing over-water deck structure shall include replacement of the entire decking with grated decking material to achieve a minimum open space of forty percent, and shall result in at least sixty percent ambient light beneath the structure.

3. Repair or replacement of less than fifty percent of an existing over-water deck structure shall use grated decking on the area to be replaced. However, if the cumulative repair of the structure in any three-year period totals fifty percent or more than the entire decking shall be replaced with grated decking material to achieve a minimum open space of forty percent, and shall result in at least sixty percent ambient light beneath the structure.

4. Replaced pilings or other structural members in direct contact with the water shall be constructed of concrete or steel in accordance with current BMPs and shall not be treated or coated with herbicides, fungicides, or pentachlorophenol. Use of arsenate compounds or creosote is prohibited. ACZA treated wood is allowed as long as it meets post-treatment procedures of American Wood-Preservers’ Association and Western Wood Preservers Institute.

5. Expansions of existing over-water structures by more than ten percent shall meet all of the requirements for new structures.

6. Other repairs to existing legally established facilities where the nature of the repair is not described in the above subsections shall be considered minor repairs and are permitted, consistent with all other applicable codes and regulations.

F. Boat Launches.

1. The maximum waterward intrusion of any portion of any launching ramp shall be the point where the water depth is eight feet below the ordinary high water mark.

2. Boat ramps are only permitted for public access, public recreational uses, and emergency access.

3. The existing boat launch at Lighthouse Park shall be allowed to continue and shall be maintained per best management practices.

4. Any new boat launch facility shall be subject to the review procedures and regulations of this title. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.115 Additional development regulations of the urban lakefront environment.

Docks, piers and other boating facilities shall be subject to the following requirements:

A. General Requirements.

1. In-water facilities such as covered moorage, boathouses, or live-aboards for single-family developments are prohibited in the urban lakefront environment.

2. Docks and piers shall be designed to minimize adverse impacts on aquatic life, shore processes, and ecological functions. All permit conditions and mitigation measures called for in approved environmental documents (e.g., B.A., WDFW, HPA, USACE permits) must be followed.

3. All floats or floating docks shall include stops that serve to keep the float bottom off the lake bed. Grounding of floats shall be minimized to the extent possible.

4. Overhead wiring or plumbing shall be prohibited on piers and docks.

5. Railings shall be clear or open framework design and shall conform to the International Building Code, AASHTO, or labor and industry requirements as applicable.

6. Dock, pier, and boating facility lighting shall be designed to shine downward in a controlled manner, shall be of a low wattage, shall be designed to limit spill, and shall not exceed a height of three feet above any dock or promenade surface (e.g., bollards). Where additional lighting is needed to improve ecological functions or pedestrian safety, lighting shall meet the design standards of the multi-modal master plan, or as required for ferry terminal security and safety.

B. Docks, Piers, Floats and Ells.

1. Only piers and ramps can be within thirty feet of shore. All floats and ells must be at least thirty feet waterward of OHWM.

2. Skirting. Skirting is prohibited and any existing skirting must be removed.

3. New Piers. Surface coverage of pier must not exceed the following:

a. Single property owner: four hundred eighty square feet.

b. Two property owners: seven hundred square feet.

c. Three or more property owners: one thousand square feet.

4. Except for floats, the bottom of all structures must be at least one and one-half feet above OHWM.

5. Pier/walkway must be fully grated.

6. Pier/walkway must be no wider than four feet.

7. Ramps must not exceed three feet in width and be fully grated.

8. Ells must not exceed six feet wide by twenty feet long with a two-foot-wide strip of grating down the center or six feet wide by twenty-six feet long and fully grated.

9. Finger ell must not exceed two feet wide by twenty feet long and must be fully grated.

10. Float width must not exceed six feet and the length cannot exceed twenty feet.

11. Floats must contain at least a two-foot strip of grating down the center.

12. All grating must have at least sixty percent open area.

C. Pilings.

1. Piling. The first in-water set of piles shall be steel, four inches in diameter and at least eighteen feet from OHWM.

2. Beyond the first set of piles, piles for a new pier must be spaced no closer than twenty feet apart and no greater than twelve inches in diameter.

3. Piling Beyond the First Set. Replacement or proposed new piling can be steel, concrete, plastic or untreated wood. No creosote, pentachlorophenol, CCA, or comparably toxic compounds not approved for marine use shall be used for any piling.

D. Construction Methodology.

1. If an impact hammer pile driver for steel piling is utilized, a sound attenuation device or system must be implemented during pile driving. Steel piling cannot exceed a twelve-inch diameter.

2. Piling with diameter of ten inches or less—one Corps approved sound attenuation device is required.

3. For piling with a diameter greater than ten inches, up to twelve inches, two Corps approved sound attenuation devices are required.

4. Treated Wood. No creosote, pentachlorophenol, CCA, or comparably toxic compounds not approved for marine use shall be used for any portion of the overwater structure. ACZA treated wood must meet post-treatment procedures.

E. Environmental Protection.

1. Invasive aquatic weeds must be removed by nonchemical means.

2. Emergent vegetation must be planted per the Corps’ requirements.

3. A ten-foot-wide strip of vegetation along the entirety of the shoreline (including shorelines of any joint-use applicants) shall be provided. A six-foot-wide path through the vegetation is allowed for access to the pier.

4. Only Corps authorized species, number of plants, and correct spacing of plants will be utilized.

5. A performance standards plan shall be submitted and implemented with a five-year monitoring period:

a. One hundred percent survival of all trees and shrubs for the first two years.

b. One hundred percent of trees and eighty percent of shrubs must survive years three to five.

6. Impact Reduction Reports. A status report on the project and mitigation, including as-built drawings, must be submitted to the Corps within twelve months from the date the Corps issues an RGP to the permittee. Planting monitoring reports will be due annually for five years from the date.

7. Fish Work Windows. The required Corps fish work window shall be met. Note: The Corps fish work window may be different than the HPA work window.

8. Bald Eagle Work Window. The required bald eagle work windows shall be met, if applicable to the project location.

9. General Work Prohibition Times.

a. January 1st through August 15th (nesting areas).

b. November 1st through March 31st (wintering areas).

10. Work in the Dry. Work that disturbs the substrate, bank, or shore shall occur in the dry weather.

11. Operation of Equipment. Equipment shall be operated from the top of the bank, dry gravel bar, temporary work platform, barge, or similar out-of-water location.

12. Equipment shall be operated in a manner that minimizes suspended particulates from entering the water column.

13. All equipment used in or around waters shall be clean and inspected daily prior to use to ensure that the equipment has no fluid leaks. Any equipment that develops a leak shall be removed from the site immediately and not used again until it has been adequately repaired.

F. Repair, Replacement, and Expansion of Existing Over-Water Structures.

1. Existing over-water structures may be repaired and/or replaced in the same location as the existing structure.

2. Repair or replacement of fifty percent or more of an existing over-water deck structure shall include replacement of the entire decking with grated decking material.

3. Repair or replacement of less than fifty percent of an existing over-water deck structure shall use grated decking on the area to be replaced. However, if the cumulative repair of the structure in any three-year period totals fifty percent or more then the entire decking shall be replaced with grated decking material.

5. Expansions of existing over-water structures by more than ten percent shall meet all of the requirements for new structures.

17B.16.120 Development regulations for Mukilteo Lighthouse historic facility and park.

The Mukilteo Lighthouse Park is located in the urban waterfront park environment designation. The purpose of this designation is to allow for an urban waterfront park to be redeveloped and maintained providing a key element of public access for the community.

A. The Mukilteo Lighthouse is a publicly owned recreational facility that has been designated as a historic landmark. It is located upland of the OHWM and within the two-hundred-foot shoreline management zone. The surrounding park encompasses areas both below and above OHWM. Land uses will be determined by the park management plan as adopted or amended by the city under the parks and open space zone.

B. The Mukilteo Lighthouse and related facilities shall be maintained, designed, and managed to give maximum protection to the resource and surrounding environment while providing extensive public access.

C. Uses allowed within existing structures must conform to an approved master plan.

D. Modifications to structures and/or facilities must be consistent with the historical character of the original structure and/or facility and shall be approved by the State Historical Preservation Officer.

E. Off-street parking shall be provided per the requirements of the park master plan and shared parking is encouraged where possible. A parking structure is allowed.

F. Physical and visual public access to the water shall be maintained.

G. Upper beach restoration/enhancement shall be required as part of any site development/master plan.

H. All marine waters, tidelands and uplands within two hundred feet of the OHWM are critical saltwater habitats regulated by Chapter 17B.52C and habitats identified in Section 17B.52.030. Any land use development proposal that occurs within a habitat and/or its buffer, or outside a habitat or buffer but potentially affects that habitat or buffer, shall be regulated pursuant to the standards of Section 17B.52C.040, including but not limited to activities such as demolition, drainage, any disturbance to the water level, destroying or altering habitat vegetation through clearing, harvesting, shading or planting vegetation that would alter the habitat or buffer would require a permit. If the city determines that habitat or buffer impacts might occur as a result of the proposal a biological/habitat report, as defined in Section 17B.08.020, must be submitted to the city for review prior to the issuance of a development permit. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.130 Development regulations for public access and recreation.

A. Public Access and Recreation. Public access shall be required of all commercial, mixed-use, multifamily and public facility developments when located within the shoreline jurisdiction. Public access for residential development is included in the land subdivision subsection of this chapter.

1. Public access shall be provided at all street ends.

2. All new development shall be set back twenty feet from the riprap or from a newly established beach.

3. Public access shall include access to the promenade and/or the beach. Access points need to be a minimum of twenty-five feet wide and shall be provided at least every two hundred feet.

4. These public access points shall be either established in a permanent public access easement or dedicated to the city of Mukilteo. If dedicated to the city, no part of the structure or development shall be deemed nonconforming due to setbacks.

5. Signs indicating the public’s right to access shoreline areas shall be installed and maintained in conspicuous locations at recreational facility points of access.

6. Developments shall include provision for nonmotorized access to the shoreline. Motorized vehicular access to the shoreline/nearshore shall be prohibited except at boat launches and for launch maintenance activities.

7. Visual access to Puget Sound is also required. Building breaks or portals may be used to provide visual access to the sound. Visual access shall be at least twenty-five feet wide and shall be provided at least every two hundred feet at street level. Portals can act as both visual access to the sound and public access to the shoreline.

8. Recreational use(s) (other than those at the Mukilteo Lighthouse Park) that are thought to have an impact on the nearshore marine environment shall require a biological assessment reviewed by WDFW to determine whether the proposed development will create a significant environmental impact and, if so, how it will be mitigated.

B. Minor Exemptions. The following activities will be exempt from the regulations set forth in this section:

1. Access improvements to the shoreline.

2. Riparian vegetation enhancement/replanting and maintenance.

3. Eelgrass transplant.

4. Underwater improvements covered by a marine park master plan approved by the city of Mukilteo as well as permitted by WDFW.

5. Public access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment. This exemption may only be used if it can be shown that there is no alternative to provide public access elsewhere along the shoreline or by providing viewing platforms, separation of uses through site planning and design and/or restricting hours of public access.

C. Park uses are subject to the following:

1. All the uses and facilities shall be located, constructed or developed in accordance with a master/site plan approved by city council.

2. All proposals for park and recreation facilities shall be accompanied by an adopted master or site plan which is drawn to scale and shows the location of all park activities, recreational facilities, utilities, parking areas, structures, points for ingress and egress, vehicular and pedestrian circulation features, existing and proposed vegetation as may be a part of and necessary to describe the proposal.

3. All proposals for park and recreation facilities shall be designed and constructed in conformance with the overall plan for the waterfront as contained in the comprehensive plan, the multi-modal plan, the downtown waterfront plan, and the Japanese Gulch plan. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.140 Development regulations for residential dwelling units (single-family and multifamily).

A. This section covers single-family and multifamily residential dwelling units and accessory structures including detached single-family dwellings and multifamily dwellings. Dwelling units with mixed-use projects are addressed in Chapter 17B.25, mixed-use development, and Section 17B.16.150.

B. In the urban conservancy environment designation properties zoned MR or MRD, which are separated from the shoreline by another property, public right-of-way, or railroad right-of-way, residential development is allowed in the shoreline area where they are permitted by zoning.

C. New over-water or floating on water residential development is prohibited.

D. All dwellings and secondary uses shall be designed and located to maintain ten feet of separation between buildings on an adjacent lot per the bulk standard requirements.

E. New dwelling units and secondary uses shall be designed to preserve and enhance existing shoreline vegetation, control erosion, and protect water quality during and after construction. Plans for temporary and permanent soil stabilization are required.

F. No existing single-family dwelling unit or secondary use shall be enlarged or substantially remodeled unless it is served by public sanitary sewer or a health department approved system that provides treatment superior to that of a septic tank and drain field.

G. All multifamily development projects of two or more units shall provide public access to the shoreline per Section 17B.16.130, Development regulations for public access and recreation.

H. All other critical area regulations shall apply. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.150 Development regulations for residential units in mixed-use development.

A. This section applies to dwelling units in mixed-use developments and apartments, townhouses, and condominiums.

B. Dwelling units in mixed-use developments are permitted only in the following:

1. Urban Waterfront Environment Designation and WMU Zoning District. In the second floor of structures with water-oriented uses and only if the residential uses do not conflict with existing or planned water-oriented uses in the WMU district along Front Street or as an integral part of the redevelopment of the multi-modal master plan without precluding the pedestrian promenade or other essential public facilities.

a. New dwelling units over water are prohibited.

b. New dwelling units in mixed-use development shall be designed to preserve and enhance existing shoreline vegetation, control erosion and stormwater, and protect water quality during and after construction. Plans for temporary and permanent soil stabilization are required, where necessary.

c. New dwelling units and accessory uses in mixed-use development and accessory uses in the urban waterfront environment (WMU or DB zones) shall be set back a minimum of twenty feet, fifteen from the riprap and five feet from the pedestrian promenade, to accommodate the pedestrian promenade and any marine riparian vegetation required from the ordinary high water mark (OHWM) and must accommodate flooding and storm surges.

d. Dwelling units and secondary uses in mixed-use development in the urban waterfront environment shall orient buildings and rooflines to views of the shoreline, thereby minimizing impact upon views of shorelines from other above properties.

e. Mixed-use developments shall comply with the design standards contained in Chapter 17B.25, Design Standards.

C. All mixed-use development projects shall provide public access to the shoreline per Section 17B.16.130, Development regulations for public access and recreation. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.160 Development regulations for transportation.

A. Transportation uses include facilities and structures that aid in the land and water surface movement of people, goods, and services (e.g., pedestrian, bicycles, vehicular, public transit, railroad, and marine traffic circulation) as well as roadways, streets, and highways. In addition to these regulations, the Washington State Ferry System and Mukilteo Terminal are addressed under the essential public facilities regulations section.

B. Transportation and utility facilities shall be required to make joint use of rights-of-way and to consolidate stream crossings on the tank farm property to the extent feasible to allow for as much of Japanese Gulch stream to be daylighted as possible.

C. New construction, maintenance, and repair work to transportation facilities shall be conducted in a manner that minimizes impacts to water quality, maintains public utilization of the shoreline, and protects ecological functions.

D. New and expanded transportation facilities shall be designed to minimize impacts on shoreline views by providing view corridors that are a minimum of twenty-five feet wide and that shall be provided at least every two hundred feet. Further, landscaping shall be provided to minimize visual impacts by using low growing trees and shrubs (less than forty feet tall).

E. Transportation facilities allowed to cross over water bodies, such as streams and wetlands, shall utilize bridges elevated with open pile or pier structures whenever feasible.

F. Transportation facilities shall be located and designed to minimize the need for routing surface waters into and through culverts. If bridge structures are not feasible, open-bottom culverts are required.

G. New transportation facilities shall be located and designed to prevent or minimize the need for shoreline protective measures such as riprap or other bank stabilization, fill, bulkheads, groins, or jetties in the marine environment.

H. Transportation facilities shall be designed, constructed, and maintained to contain and control all debris, overburden, runoff, erosion, and sediment generated from the affected area. Relief culverts and diversion ditches shall not discharge onto erodible soils, fills, or side cast materials.

I. With prior approval of USACE, DOE, and WDFW, sand, gravel, and native soils deposited during landslides along marine bluffs shall not be considered in-water fill when disposed of into Puget Sound. This practice will serve two purposes: (1) expediting transportation corridor maintenance, and (2) maintaining sediment supply to the near-shore marine environment and thereby slowing beach erosion and promoting the health of eelgrass and kelp beds.

J. Mechanical means of roadside brush control shall be used versus herbicides and is encouraged along the railroad tracks in shoreline areas unless otherwise approved by WDFW.

K. All shoreline areas disturbed by facility construction or maintenance shall be stabilized immediately after construction or maintenance activities and shall be seeded or replanted with native vegetation or landscaped, as applicable, as soon as practical, but in no event longer than six months.

L. Any over-water or in-water transportation facility, including bridges, crossings, culverts, and similar devices shall meet all requirements established by WDFW and the city’s critical area codes. These requirements may include preparation and review of additional environmental studies.

M. Any ferry launch facility, terminal building or vehicle holding area must be designed and located in accordance with the city’s waterfront master design or multi-modal plans and any development in the waterfront area must be approved by the city through an administrative design review process. The ferry and commuter rail facilities and multi-modal station shall include public restrooms, sheltered passenger waiting areas and covered platforms that also provide adequate protection along the sides, and shall incorporate interior and exterior public art.

N. New roads within the shoreline designation shall include sidewalks and bike lanes and, where needed, bus stops or other public transportation improvements. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.170 Development regulations for utility uses.

A. On-site utility features serving a primary use, such as water, sewer or gas line to a structure are “accessory utilities” and are considered a part of the primary use. These utilities shall be located outside the two-hundred-foot shoreline jurisdiction unless it is not feasible to serve the site otherwise.

B. All utilities within the shoreline jurisdiction shall be installed underground or under structures. Utilities should be located in existing rights-of-way and utility corridors and jointly shared utility corridors or road rights-of-way whenever possible.

C. In-water utilities or infrastructure shall be allowed below the ordinary high water mark (OHWM) only if no other feasible alternatives exist and only if a biological assessment based on a federal or state nexus determines that the proposed utilities will not create a significant environmental impact. A habitat management plan and mitigation may be required.

D. Utility facilities shall be located in or near to existing public right-of-way corridors unless no alternative exists.

E. Utility production and processing facilities, such as power plants and sewage treatment plants, or part of those facilities that are non-water-oriented shall not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available.

F. Development of utilities and facilities that may require periodic maintenance or that cause significant environmental impacts shall be discouraged, except where other alternatives are not feasible, or where access roads exist. When permitted, those facilities shall include adequate provisions to protect against significant environmental impacts to the shoreline or upland critical area.

G. Unless no feasible alternative location exists, utilities shall be prohibited in wetlands, estuaries, geotechnical hazard areas, critical fish and wildlife habitat areas, their required buffers and other unique and critical areas. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.180 Development regulations for wireless communication facilities.

A. Wireless communication facilities shall not be allowed within the shoreline jurisdiction, except for public agency emergency and operation infrastructure or for homeland security.

B. When it can be demonstrated that no practicable alternative site exists, “attached” wireless communication facilities (WCF) may be constructed on or within existing/new buildings. WCF facilities must be designed to blend with the building to which they are attached. Antenna array proposed to extend higher than the height of the building/structure to which it is attached must be screened unless the screening is more intrusive into view corridors.

C. Monopoles and lattice towers are prohibited.

D. Wireless communication facilities (WCF) shall meet the following performance standards:

1. Setbacks. Attached and detached WCFs reviewed under this section shall not be located within any required setback areas; provided, however, the setback requirement for underground facilities shall be a minimum of five feet from any property line, except where:

a. Structures which exceed forty-five feet in height shall be set back from any lot line five feet more than specified in the individual zone for every ten feet, or fraction thereof, over forty-five feet of height.

b. The required setback, as listed above, may be reduced by the planning director, if the applicant can demonstrate to the planning director’s satisfaction that the reduced setback would result in a greater natural vegetative screening of the WCF than would have been provided by meeting the WCF development regulations.

c. All equipment shelters, cabinets, or other on-the-ground ancillary equipment shall meet the setback requirements of the zone in which they are located, except that the rear setback may be reduced to five feet if the structure meets all other standards.

2. Height in Commercial Zones. The combined height of the WCF and any support structure shall not exceed eighty-five feet. The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternate designs, which might result in lower heights. Utility poles, street lights and traffic signals may be excepted from the height limitations at the discretion of the planning director. If additional height over that allowed in the zone is justified it may be allowed through the conditional use permit process. Due to the proximity of Paine Field Airport to the city all WCFs shall be approved by the Federal Aviation Administration (FAA) and the Snohomish County Airport at Paine Field to ensure that the facilities are not located within the restricted airspace.

3. Landscaping. Equipment shelters and cabinets and other on-the-ground ancillary equipment shall be screened using Type I and ten feet of Type II landscaping around the enclosure in accordance with the requirements contained in Chapter 17B.58. Support structures shall be landscaped using Type I screening around the compound’s perimeter. Trees with significant height and fullness upon maturity shall also be used to visually screen the tower from adjacent properties.

4. Lighting. Except as specifically requested by the FAA, the Federal Communications Commission (FCC), and/or the Snohomish County Airport at Paine Field, transmission structures shall not be illuminated, except transmitter equipment shelters may use lighting for security reasons as long as the light is shielded downward to remain within the boundaries of the site.

5. Concealment Technology. All WCFs shall employ concealment technology in their design, construction and maintenance and reduce the WCFs’ aesthetic impacts to the maximum extent possible. Such concealment technology shall include, at a minimum, the following:

a. All antenna support structures and antennas shall be painted a nonreflective color, approved by the planning director, which blends into the nearby surroundings of the WCF so as to minimize the visual impact of the support structures or antennas.

b. New antenna support structures shall be located in such a manner that existing trees on the site are used to screen the WCF from view from roadways, residences, and other properties; provided, however, that all WCFs shall be designed in a manner which minimizes the need for removal or topping of existing trees.

c. To the maximum extent possible, WCFs shall be designed to resemble an object other than a WCF which is already present in the local environment, such as a tree, a street light or a traffic signal. It may include the use of colors or materials to blend into the building materials from which a structure is constructed. Examples of concealment technology include, but are not limited to, the use of innovative site design techniques, existing or new vegetation and landscaping, paint and other surface treatments, alternative antenna configuration and/or selection, utilization of antenna support structures designed to resemble trees, and any other practice which screens the WCF from observation from roadways, residences, and other properties or otherwise has the effect of reducing the aesthetic impacts associated with the WCF.

6. Noise. No equipment shall be operated at a WCF (attached or detached) so as to produce noise in excess of the applicable noise standards under Chapter 8.18, except for in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis. Air conditioning and ventilation equipment associated with the ancillary equipment of the WCF shall be designed and configured in a manner so that noise impacts on adjacent properties with residential uses are minimized to the maximum extent practicable through the use of baffling and/or other noise attenuation techniques and that the noise levels generated by the ancillary equipment otherwise comply with applicable noise regulations adopted by the city. In descending order, preference shall be given to the following configurations of air conditioning and ventilation equipment: (a) orientation toward properties with nonresidential uses; (b) orientation toward streets; and (c) orientation toward the furthest residential use.

7. Co-Location. It is the policy of the city to minimize the number of detached WCFs and to encourage the co-location of more than one WCF on a single support tower. No new detached WCFs may be constructed unless it can be demonstrated to the satisfaction of the permit authority that existing support towers are not available for co-location of an additional WCF, or that their specific locations do not satisfy the operational requirements of the applicant. In addition, all detached WCFs shall be designed to promote facility and site sharing. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for those entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go off-line for a period of time. Nothing in this section shall prohibit the owner of an existing facility from charging a reasonable fee for co-location of other telecommunications facilities.

8. Abandonment and Obsolescence. A WCF shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.

9. Maintenance. All WCFs shall be maintained in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.

10. Electromagnetic Emissions. All applicants shall demonstrate compliance with all applicable FCC regulations regarding the radio-frequency emissions of WCFs. If at any time radio frequency emissions exceed any of the standards established by the FCC, the applicant shall immediately discontinue use of the WCF and notify the city. Use of the WCF may not resume until the applicant demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC.

11. Special Exceptions. When adherence to the development standards listed in this section result in a physical barrier which would block signal reception or transmission, or prevent service coverage in the targeted area, a special exception may be granted by the approval authority. When considering a special exception request, the permit authority shall consider:

a. The height of the proposed WCF shall be no greater than necessary to transmit and receive signals of an acceptable quality.

b. The applicant has demonstrated that aesthetic impacts associated with the proposed WCF have been minimized to the maximum extent possible using concealment technology, site design, and/or architecturally compatible improvements to existing structures.

c. The levels, types, and availability of the telecommunications services proposed by the applicant are designed to serve areas primarily within the city.

d. Alternative locations are not available for the proposed WCF.

12. Use of City Right-of-Way. Any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunication facilities in, under, over, or across any public right-of-way of the city for the purpose of providing telecommunications services shall obtain permission from the city, authorizing use of the city right-of-way. WCFs attached to utility poles, streetlights and traffic signals may be exempted from the setback requirements at the discretion of the planning director.

13. Conditional Use Permit Criteria. In addition to the performance standards listed in Section 17B.64.030, a conditional use permit for a detached WCF shall only be approved if the wireless provider can demonstrate that no other attached WCF alternative(s) are available that can provide the same level of service coverage to the targeted area. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.190 Regulations for special events in urban waterfront and urban waterfront park.

A. A special event must be sponsored or co-sponsored by the city of Mukilteo. Examples of special events are Arts in the Park, Lighthouse Festival, Celebration of the 1855 Treaty Signing, dedications, etc.

B. A facility use permit must be obtained from the city of Mukilteo for a special event. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.200 Development regulations for change in use.

A change in use does not necessarily require a permit (other than a business license), but the new use must be water-dependent, water-related, or water-enjoyment and comply with the permitted use matrix and development regulations contained in this title.

A. Change in Use with No Physical Property or Building Alterations. Applications for a change in use within the shoreline jurisdiction which does not alter the property or structures shall be accompanied by a written summary of the proposed change in use and description of how it complies with the city’s shoreline regulations. All uses must comply with the Permitted Use Matrix of this title including obtaining a shoreline conditional use permit if needed.

B. Change in Use which Requires Alterations to Property or Buildings. Applications for a change in use which include modifications to buildings or property shall comply with the permit review procedures of this title and meet all development standards contained herein.

C. Nonconforming uses, buildings, and lots shall comply with Chapter 17B.68. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.210 Development regulations for redevelopment of the NOAA facility.

A. Scientific materials and equipment shall be sufficiently enclosed, screened and secured so as to preclude unauthorized access.

B. Facility development shall provide public visual and physical access to the shoreline. Facilities shall be designed to accommodate the pedestrian promenade as adopted as part of the 1995 Mukilteo Multimodal Master Plan for redevelopment or future master plans as adopted by the city of Mukilteo.

C. Facility redevelopment shall include public use of existing, rehabilitated, or new piers; said public use may only be limited due to security or safety issues.

D. NOAA facility redevelopment may site public and educational activities along the public promenade at the corner of Park Avenue or at the corner of Front and Park Avenue. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.220 Development regulations for forest practice permits.

A. While the city does not have any designated forest lands, there are significant ravines and steep slopes that are forested. All development within these areas shall comply with Chapters 17B.52 through 17B.52D. When a forest practice is required within the shoreline jurisdiction and where there is a likelihood of conversion to nonforest uses, the applicant shall ensure no net loss of shoreline ecological functions and shall maintain the ecological quality of the watershed’s hydrologic system. A biological assessment shall be prepared by a qualified professional to ensure no net loss of shoreline functions. The city may use the technical assistance of the Department of Ecology, other state agency, or city on-call consultant to evaluate the report at the applicant’s expense.

B. A forest practice permit is required whenever more than five thousand board feet of merchandisable timber is harvested from an area or property. This is generally equivalent to one standard log truck load.

C. With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance and not within a critical area, the city may allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental; provided further, that clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.230 Development regulations for industrial uses.

No industrial uses are allowed within the shoreline jurisdiction with the exception of the Mukilteo water and waste water plant, sewer outfalls, and stormwater outfalls. Development regulations for theses uses are covered under the utilities section of this chapter. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.240 Development regulations for in-stream structures.

In-stream structure means a structure placed by humans within stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures are regulated under the critical areas chapters of this code, Chapter 17B.52C, Fish and Wildlife Habitat Conservation Areas. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.250 Development regulations for dive parks.

A. Master Plan Required. Prior to acceptance of shoreline permit application for a dive park in the city of Mukilteo, the use must be listed or included as an element of the parks plan or as a separate master plan approved by the Mukilteo city council.

B. Dive parks shall be subject to the shoreline conditional use permit criteria as well as the following requirements:

1. All land use modifications within the aquatic environments, including installation of manmade reefs, concrete blocks, tractor tires, PVC pipes of various sizes, sunken navigation buoys, sunken boats, or other such structures shall be approved by all applicable state and federal agencies. A biological assessment shall be prepared as required by such agencies.

2. All development regulations contained within this title shall be met as a condition of the shoreline permit.

3. Safety enhancements such as buoy markers shall be installed to protect divers and swimmers from watercraft vessels.

4. Upland enhancements should be installed over time as funding becomes available; facilities should include: restroom facilities (permanent or portable), shower facility, signage, and parking. Parking can include shared parking spaces both off and on street spaces.

5. Maintenance and management plan for the facility shall be prepared that identifies long-term maintenance and environmental protection responsibilities at the site. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.260 Development regulations of the urban railroad environment.

A. General. This section contains regulations pertinent to the development of railroad facilities.

B. Permitted Use.

1. The principal use permitted in this section is the use of the subject property by the railroad for its tracks (i.e., single main tracks, double main tracks and team tracks), yards and buildings but especially for its main line.

2. In shoreline environments where this use is allowed the following accessory uses, structures and facilities are permitted as part of this use:

a. Subgrade and roadbed.

b. Railroad track/road crossing signals.

c. Slide fences.

d. Railroad signals.

e. Bridges (i.e., pedestrian overpass bridges, vehicular overpass bridges and pipeline overpass bridges).

f. Railroad signage (e.g., speed, track, whistle, etc.).

g. Drainage facilities, including fish passable culverts.

h. Railroad crossings.

i. Storage of items for maintaining the area.

j. Underpasses.

k. Pedestrian safety fencing, provided it does not exceed six feet in height above grade and is not constructed of solid sight-obscuring material. If the proposed fence is to exceed either six feet in height, or is constructed of solid sight-obscuring material, then a shoreline variance is required.

3. All land use modifications as contained in this title, including specific regulations on bulkheads and other shoreline protective structures, shall be complied with.

C. Overwater Structures Prohibited. No building or other major structure may be located within the aquatic urban or aquatic urban conservancy environments.

D. Height.

1. In the urban railroad shoreline environment, the maximum permitted height of structures is thirty feet above grade level.

2. Accessory buildings shall not exceed fifteen feet in height above average grade level.

3. Bridges and overpasses may exceed the maximum height limit.

4. Slide fences shall not exceed six feet in height.

5. Signal devices and signage shall be determined on a case-by-case basis according to the goals and policies of the Shoreline Management Act, Chapters 173-16 and 173-27 WAC. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)

17B.16.270 Development regulations for aquaculture.

Commercial aquaculture by private entities is not permitted within city of Mukilteo shoreline jurisdiction. The rights of treaty tribes to aquatic resources within their usual and accustomed areas should be addressed through the permit review process.

A. New aquaculture uses along the shoreline require a conditional use permit.

B. Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in any existing or permitted aquaculture operation is not considered new use/development, and shall not require a new permit, unless or until:

1. The physical extent of the facility or farm is expanded by more than twenty-five percent or more than twenty-five percent of the facility/farm changes operational/cultivation methods compared to the conditions that existed as of the effective date of this program or any amendment thereto. If the amount of expansion or change in cultivation method exceeds twenty-five percent in any ten-year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section; or

2. The facility proposes to cultivate species not previously cultivated in the state of Washington.

C. Aquaculture that involves little or no substrate modification shall be given preference over those that involve substantial modification. The applicant/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site.

D. The installation of submerged structures, intertidal structures, and floating structures shall be allowed only when the applicant/proponent demonstrates that no alternative method of operation is feasible.

1. Aquaculture uses and developments that require attaching structures to the bed or bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate.

2. All in-water aquaculture facilities shall ensure compliance with state and federal requirements, especially when location is proposed near underwater park facilities.

E. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical clam harvesting, or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact existing kelp beds or other macroalgae, eelgrass beds or habitat conservation areas.

F. Aquaculture activities, which would have a significant adverse impact on natural, dynamic shoreline processes or which would result in a net loss of shoreline ecological functions, shall be prohibited.

G. Commercial salmon net pen facilities shall not be located in Mukilteo waters.

H. If uncertainty exists regarding potential impacts of a proposed aquaculture activity, and for all experimental aquaculture activities, baseline and periodic operational monitoring by a city-approved consultant (unless otherwise provided for) may be required, at the applicant’s/proponent’s expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated.

I. Where aquaculture activities are authorized to use public facilities, such as boat launches or docks, the city shall reserve the right to require the applicant/proponent to pay a portion of the cost of maintenance and any required improvements commensurate with the use of such facilities.

J. No processing of any aquaculture product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (Chapter 90.48 RCW). No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation.

K. Predator control shall not involve the killing or harassment of birds or mammals. The use of nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required.

L. Application Requirements.

1. A site plan map including:

a. The perimeter of the proposed aquaculture operations area.

b. Existing bathymetry depths based on mean lower low water (MLLW datum).

c. Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum).

d. Areas where specific substrate modification will take place or structures will be constructed or installed.

e. Access provisions for barges or track equipment.

f. Location of storage or processing structures or facilities.

2. A baseline description of existing conditions, including best available information on:

a. Water quality.

b. Tidal variations.

c. Prevailing storm wind conditions.

d. Current flows.

e. Flushing rates.

f. Littoral drift.

g. Areas of differing substrate composition.

h. Areas of aquatic, intertidal, and upland vegetation complexes.

i. Existing shoreline or water uses and structures.

j. Aquatic and benthic organisms.

k. A vegetation habitat survey must be conducted. The WDFW must be contacted prior to the survey to ensure it is conducted according to the most current WDFW eelgrass/macroalgae survey guidelines.

l. Assessment of aquatic species, including forage fish, and spawning and other lifecycle use of, or adjacent to, the site. (Ord. 1427 § 3 (Exh. C) (part), 2019)