Chapter 21.10
SHORELINE OVERLAY DISTRICTS ESTABLISHED
Sections:
21.10.030 Shoreline residential.
21.10.040 Shoreline recreation.
21.10.050 Shoreline commercial.
21.10.060 Aquatic shoreline overlay district.
21.10.070 Shoreline overlay districts, map, and boundaries.
21.10.090 Shoreline designations by reach.
21.10.100 Nondesignated areas.
21.10.010 Purpose.
To more effectively plan and manage shoreline resources through the development of a shoreline master program, a system of categorizing shoreline areas through a classification called “environments” has been used. These environments function as an overlay district within the zoning code. This system applies appropriate policies and regulations to distinctively different shoreline areas. The purpose of shoreline environment designations is to differentiate between areas whose geographical, hydrological, topographical, use, or other features imply differing objectives for the use and future development of the city’s shorelines. To accomplish the purpose of this chapter the following shoreline environment designations have been established:
A. Urban conservancy.
B. Shoreline residential.
C. Shoreline recreation.
D. Shoreline commercial.
E. Aquatic shoreline overlay district. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.020 Urban conservancy.
A. Purpose. The purpose of the “urban conservancy environment” is to protect and restore the ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses consistent with the comprehensive plan.
B. Designation Criteria. The urban conservancy environment designation is appropriate for those areas planned for development that are compatible with maintaining or restoring of the ecological functions of the area, and that are not generally suitable for intensive water-dependent uses.
C. Management Policies. The following management policies apply to all shorelines in the urban conservancy environment:
1. Primary allowed uses and their associated development standards should preserve the natural character of the area or promote preservation of open space, floodplain or sensitive lands where they exist in urban and developed settings, either directly or over the long term. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting.
2. Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the “urban conservancy” designation. These standards should ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values.
3. Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.030 Shoreline residential.
A. Purpose. The purpose of the “shoreline residential environment” is to accommodate residential development and accessory structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses.
B. Designation Criteria. The shoreline residential environment designation is appropriate for those areas of the city’s shorelines that are characterized predominantly by residential development or are planned and platted for residential development.
C. Management Policies. The following management policies should apply to all shorelines in the shoreline residential environment:
1. Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to maintain no net loss of shoreline ecological functions.
2. New residential developments should provide public access and joint use community recreational facilities where appropriate.
3. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.040 Shoreline recreation.
A. Purpose. The purpose of the “shoreline recreation environment” is to provide recreational and public access opportunities along the city’s shorelines. An additional purpose is to maintain and restore ecological functions to the area and preserve open space within the city.
B. Designation Criteria. The shoreline recreation environment designation is appropriate for those areas that are used predominately for recreational purposes.
C. Management Policies. The following management policies should apply to all shorelines in the shoreline recreation environment:
1. When considering development in a shoreline recreation environment, concern should be given both to the goal of recreational use and the goal of ecological stewardship ensuring no net loss of ecological function.
2. Development in a shoreline recreation environment should be related primarily to expanding recreational opportunities in the area. These activities include but are not limited to boating, swimming, walking, hiking, and recreational sports. Priority should be given to those developments related to a water-dependent activity such as swimming or boating.
3. Recreational opportunities should be accessible by and attractive to all demographic populations in the city.
4. Park management should encourage ecological stewardship as outlined in Section 3 of the SMP restoration plan. This includes such measures as setting picnic areas away from the water’s edge, planting and maintaining native vegetation buffers along the water, and making floodplain connections where feasible. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.050 Shoreline commercial.
A. Purpose. The purpose of the “shoreline commercial environment” is to provide for high-intensity water-oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded.
B. Designation Criteria. The shoreline commercial environment designation is appropriate for those areas of the city’s shorelines that currently support high-intensity uses related to commerce, light industrial, transportation, or navigation; or are suitable and planned for high-intensity water-oriented uses.
C. Management Policies. The following management policies should apply to all shorelines in the shoreline commercial environment:
1. Priority should be given to water-dependent uses. Second priority should be given to water-related and water-enjoyment uses. Non-water-oriented uses should not be allowed except in limited situations where they do not conflict with or limit opportunities for water-oriented uses or on sites where there is no direct access to the shoreline or where public access and ecological restoration are provided.
2. Policies and regulations shall assure no net loss of shoreline ecological functions as a result of new development. Where applicable, new development shall include environmental cleanup and restoration of the shoreline in accordance with any relevant state and federal laws.
3. Visual and physical public access should be required as a condition of development.
4. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.060 Aquatic shoreline overlay district.
A. Purpose. The purpose of the aquatic environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark.
B. Designation Criteria. The aquatic environment is defined as the area waterward of the ordinary high water mark of all streams and rivers, and other water bodies constituting shorelines of the state together with their underlying lands and their water column; but does not include associated wetlands and other shorelands shoreward of the ordinary high water mark. This designation is not found on the shoreline environment map, but shall be assigned based on the description above.
C. Management Policies.
1. Water-dependent uses and a limited range of water-oriented uses are allowed in the aquatic overlay, subject to provision of shoreline ecological enhancement and public access.
2. New over-water structures are allowed only for water-dependent uses, public access, or ecological restoration and should be limited to the minimum necessary to support the structure’s intended use.
3. Transportation and utility facilities and essential public facilities may be allowed for which no alternative location is feasible.
4. Ecological enhancement is an allowed and preferred use. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.070 Shoreline overlay districts, map, and boundaries.
The following “shoreline environment descriptions” provide general written descriptions of the geographic extent of each of the individual shoreline environmental designations within areas subject to compliance with this master program. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.080 Official map.
Official maps prepared pursuant to Chapter 173-26 WAC are on file with the city clerk and included as “Exhibit A” to the master program.
A. The official shoreline map only approximately identifies or depicts the lateral extent of shoreline jurisdiction and environment designations from the shoreline water body. The actual lateral extent of shoreline jurisdiction and environment designations shall be determined on a site-specific basis at the time a development is proposed based on the location of the ordinary high water mark, floodway, floodplain, and the presence of associated wetlands.
B. In the event of a mapping error, the city shall rely upon common boundary descriptions and the criteria contained in RCW 90.58.030(2) and Chapter 173-22 WAC pertaining to determinations of shorelands, as amended, rather than the incorrect or outdated map. (Required by WAC 173-26-211(2)(b).)
C. When interpreting the exact location of an environment designation boundary line, the location shown on the official shoreline map shall prevail consistent with the following:
1. Boundaries indicated as approximately following parcel, tract, or section lines shall be so construed.
2. In cases of boundary line adjustments or subdivisions, the designation of the parent parcel shall not change as a result, except if pursuant to an amendment to the city’s shoreline master program.
3. Boundaries indicated as approximately following roads shall be construed to follow the nearest right-of-way edge.
4. Boundaries indicated as approximately parallel to or extensions of features indicated in subsections (C)(1) through (C)(3) of this section shall be so construed. (Ord. 2002 § 4 (Exh. B), 2019).
21.10.090 Shoreline designations by reach.
|
Reach |
Description |
Shoreline Designation |
|---|---|---|
|
A |
Right Bank1, east City Limits to the west side of the BNSF Railroad Right-of-Way |
Shoreline Commercial |
|
B |
Right Bank, east side of the Skinner Road Right-of-Way (west side of the BNSF Railroad Right-of-Way) to the west boundary of the White River Park Subdivision |
Shoreline Residential |
|
C |
Right Bank, Pacific City Park, west and south boundary of lot 3 of the White River Park Subdivision to the north line of the SW 1/4 of the SE 1/4 of Section 36, Town 21N Range 4 E |
Shoreline Recreation |
|
D |
Right Bank, south boundary of the Pacific City Park to the King County/Pierce County Line |
Urban Conservancy |
|
E2 |
Right Bank, King County/Pierce County line to the north Right-of-Way line of Stewart Road SE |
Urban Conservancy |
|
F |
Left Bank1, east City Limits to King County/Pierce County line |
Waterward of Levee: Urban Conservancy
Top of Levee and area Landward of Levee: Shoreline Commercial |
|
G2 |
Left Bank, King County/Pierce County line to north Right-of-Way line of Stewart Road SE |
Urban Conservancy |
Notes:
1Direction based on view looking downstream.
2Reaches E and G located in the city’s urban growth area are predesignated in preparation for future annexation; these areas remain under the shoreline jurisdiction of Pierce County until which time annexation is complete.
(Ord. 2002 § 4 (Exh. B), 2019).
21.10.100 Nondesignated areas.
Areas found to be within shoreline jurisdiction that are not mapped and/or designated are automatically assigned the “urban conservancy” designation until redesignated through a master program amendment process. (Ord. 2002 § 4 (Exh. B), 2019).