Chapter 21.40
SHORELINE USES
Sections:
21.40.030 Aquaculture and fish hatcheries.
21.40.050 Commercial, light industrial, community services, and essential public facilities.
21.40.070 Residential development.
21.40.005 General provisions.
Shoreline use activities are developments or activities that exist or are anticipated to occupy shoreline locations. Regulations are designed to assure that design, construction, and use requires specific provisions to assure compatibility with other uses and achieve no net loss of ecological functions.
Each proposed development within SMA jurisdiction shall be evaluated to determine its conformance with the use activity policies and regulations, as well as the comprehensive plan shoreline management element goals and policies, and these regulations.
Uses and activities that are exempt from the requirements for a shoreline substantial development permit must be consistent with the policies and regulations of the SMA and the SMP. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.010 Prohibited uses.
The following uses are prohibited in all shoreline environments:
A. Boat houses;
B. Forest practices;
C. Heavy industrial uses;
D. New or expanded mining;
E. Permanent solid waste storage or transfer facilities; and
F. Piers and docks. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.020 Agriculture.
A. Existing and ongoing agricultural activities shall be permitted in all shoreline environment designations. All other agricultural activities shall be subject to conditional use review.
B. Existing and ongoing agricultural activities are encouraged to provide a buffer of natural or planted permanent native vegetation between areas of crops, grazing, or other agricultural activity and adjacent waters, channel migration zones, and wetlands.
C. Farming of fish, management of other aquatic products, and fish hatcheries are subject to the policies and regulations for aquaculture in PMC 21.40.030.
D. Erosion control measures shall conform to guidelines and standards established by the U.S. Soil Conservation Service and the King County Conservation District.
E. The management of agricultural activities shall prevent the direct runoff of sediment-laden, nutrient-laden, or chemical-laden waters into water bodies. Direct access to shoreline waters shall not be provided for livestock watering.
F. Conversion of agricultural uses to other uses shall comply with the provisions of this title. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.030 Aquaculture and fish hatcheries.
A. A shoreline substantial development permit is required for all agricultural development not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv).
B. Development of aquaculture facilities and fish hatcheries shall be permitted as a conditional use in the urban conservancy and shoreline commercial environments.
C. Aquaculture facilities and fish hatcheries shall be located landward of critical area buffers, except for elements requiring direct access to water such as water supply facilities.
D. Aquaculture facilities and fish hatcheries shall be screened from view from adjacent residential or recreational areas by fences, berms, and/or vegetative buffers.
E. Aquaculture facilities and fish hatcheries shall demonstrate that design and operational specifications shall control odor and shall address all facilities including storage and disposal of feed and other organic materials.
F. Aquaculture facilities and fish hatcheries shall demonstrate that wastes will be disposed of in compliance with all applicable governmental waste disposal standards.
G. Aquaculture facilities and fish hatcheries that involve significant risk of cumulative adverse effects on water quality, sediment quality, benthic and pelagic organisms, wild fish populations, and/or other ESA-listed species through potential contribution of antibiotic resistant bacteria, escapement of nonnative species, or other inputs or activities shall not be permitted. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.040 Boating facilities.
A. Because of the dynamic nature of the White River, private boating facilities, including docks and other moorage and private boat ramps or other launching facilities, are prohibited.
B. Public boat launching ramps shall be permitted in the urban conservancy and shoreline recreation environments and permitted only for water-dependent uses or for public access only. Such facilities may include vehicle and trailer parking areas, docks and floats for temporary use, and accessory structures such as maintenance buildings and public restrooms.
C. Applications for boat launching ramps shall demonstrate that:
1. The ramp will minimize impediments to migrating fish and will not locate on sites important for salmonids and other aquatic species, including spawning, feeding, or rearing areas;
2. Navigation or recreation areas will not be obstructed;
3. Parking and other support facilities excepting driveways and ramps providing direct access to the water will be located outside critical area buffers;
4. Adequate parking supply will be provided to prevent parking spillover to public streets in residential areas;
5. The boat launch design assures that structures will be aesthetically compatible with, or enhance, existing shoreline features and uses, and meet all applicable landscape buffer and parking lot landscaping requirements;
6. Adequate facilities for the efficient handling of sewage and litter will be provided; and
7. The proposal is restricted to the minimum size necessary to serve a proposed water-dependent use (except for docks accessory to single-family residences). (Ord. 2002 § 4 (Exh. B), 2019).
21.40.050 Commercial, light industrial, community services, and essential public facilities.
A. New commercial uses or new light industrial uses are limited to the shoreline commercial environment.
B. New community service uses are limited to the shoreline commercial and shoreline recreation environments.
C. Essential public facilities are allowed in all shoreline environments subject to provisions of PMC 20.06.050 and subject to demonstration that no feasible location outside the shoreline exists within the service area of the facility. Location within the urban conservancy or shoreline residential environment is subject to demonstration that no feasible location exists within other shoreline environments.
D. New commercial, light industrial, and community services developments are subject to the following use preference:
1. Water-Dependent Uses. Water-dependent commercial, light industrial, and community services uses shall be given preference over water-related and water-enjoyment commercial and community services uses. Prior to approval of water-dependent uses, the reviewing official shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water-dependent use. Water-dependent commercial, light industrial, and community services uses shall provide public access in a manner that will not interfere with the water-dependent aspects of the use. The portion of a site not required for water-oriented use may include multiple use, approved non-water-oriented uses, ecological restoration, and public access.
2. Water-Related Uses. Water-related commercial, light industrial, and community services uses shall not be approved if they displace existing water-dependent uses. Prior to approval of a water-related commercial or community services use, review of the design, layout, and operation of the use shall confirm that the use has a functional requirement for a waterfront location, or the use provides a necessary service supportive of the water-dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more convenient. Multiple use development within 100 feet of the OHWM that incorporates water-dependent use may not include non-water-oriented uses at the ground level except as consistent with a master site plan approved prior to the adoption of this section.
3. Water-Enjoyment Uses. Water-enjoyment commercial, light industrial, and community services uses shall not be approved if they displace existing water-dependent or water-related uses or if they occupy space designated for water-dependent or water-related use identified in a substantial development permit or other approval. Prior to approval of water-enjoyment uses, review of the design, layout, and operation of the use shall confirm that the use facilitates public access to the shoreline, or the use provides for aesthetic enjoyment of the shoreline for a substantial number of people as a primary characteristic of the use. 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 fosters shoreline enjoyment.
4. Non-Water-Oriented Uses. Non-water-oriented commercial, light industrial, and community services uses may be permitted where:
a. Located on a site physically separated from the shoreline by another private property in separate ownership or a public right-of-way such that access for water-oriented use is precluded, or a public levee and habitat enhancement project; provided, that such conditions were lawfully established prior to the effective date of the shoreline master program, or established with the approval of the city.
i. Where proposed on a site where navigability is severely limited, the commercial, light industrial, or community service use provides a significant public benefit such as providing public access and ecological restoration.
ii. Where the use is part of a multiple use project that provides significant public benefit with respect to the objectives of the Act by:
(A) Restoring ecological functions both in aquatic and upland environments that will provide native vegetation buffers according to the restoration element of this plan and other plans and policies including the WRIA 10 Salmon Restoration Plans; or
(B) Providing as public access the balance of the water frontage not devoted to ecological restoration and associated buffers, or providing on-site circulation or access to off-site public access as appropriate.
E. Over-water structures, or other structures waterward of the OHWM, are allowed only for those portions of water-dependent commercial uses, light industrial uses, community services uses, or essential public facilities that require over-water facilities as an essential feature of their function or for public recreation and public access facilities. Design of over-water structures or structures beyond the OHWM shall demonstrate that they will not interfere with normal stream geomorphic processes or require shoreline stabilization.
F. All new or expanded commercial, light industrial, and community services developments and essential public facilities shall take into consideration the scenic and aesthetic qualities of the shoreline and compatibility with adjacent uses. They shall make adequate provisions such as location of structures, parking and other facilities, and landscape screening, fences and other measures to protect the privacy and enjoyment of adjacent land uses and open space areas.
G. Accessory development or use that does not require a shoreline location such as parking, service buildings or areas, access roads, utilities, signs, and storage of materials shall be located outside of SMA jurisdiction wherever feasible. Siting within SMA jurisdiction should be limited to facilities required to serve approved water-oriented uses and/or developments and should be located inland away from the land/water interface and landward of water-oriented developments.
H. Signs for all development and uses must comply with the city of Pacific sign code and:
1. Off-premises outdoor advertising signs are prohibited in all shoreline environments.
2. No signs shall be erected or maintained upon trees, or drawn or painted upon rocks or other natural features.
3. No signs shall be located between building setbacks and the OHWM except informational and directional signs. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.060 Recreation.
A. Recreation facilities within SMA jurisdiction that are water-oriented or provide public access to the water are preferred.
B. Accessory use facilities such as restrooms and parking areas shall be set back from critical area buffers and shall be outside SMA jurisdiction if feasible.
C. A zone of native vegetation shall be provided adjacent to the edge of the water of the maximum practical extent consistent with provisions for public access and water-oriented facilities.
D. Recreation areas should be areas of chemical-free management except spot spraying for weed control of sufficient width to assure that fertilizers, pesticides, herbicides and other chemicals are not discharged into the water. Management of native vegetation is preferred in this area.
E. Recreational development shall provide nonmotorized access to the shoreline such as pedestrian and bicycle paths and shall provide signs indicating the public’s right of access to shoreline areas. Motorized vehicular access is prohibited except as essential for water-dependent uses such as boat launch ramps and maintenance.
F. Recreational facilities shall make adequate provisions, such as landscape screening, fences and other measures, to protect the privacy and enjoyment of adjacent land uses and open space areas.
G. Non-water-oriented recreational developments may be permitted only where it can be demonstrated that:
1. A water-oriented use is not reasonably expected to locate on the proposed site due to topography and/or other physical features, surrounding land uses, or the site’s separation from the water.
2. The proposed use does not usurp or displace land currently occupied by a water-oriented use and will not interfere with adjacent water-oriented uses.
3. The proposed use will be of appreciable public benefit by increasing ecological functions together with public use, enjoyment, or access to the shoreline.
H. All new non-water-oriented recreational development, where allowed, shall be conditioned with the requirement to provide public access and ecological restoration where practical.
I. Recreation facilities shall demonstrate that they are located, designed and operated in a manner consistent with the purpose of the environmental designation in which they are located and will result in no net loss of shoreline ecological functions or ecosystem-wide processes. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.070 Residential development.
A. Any new residential subdivision or other residential development shall meet all policies and regulations of this program, PMC Title 20 zoning code, and the PMC Title 19 subdivision code, and other applicable policies and regulations.
B. Multifamily and single-family attached residential are allowed where identified as permitted uses in the underlying zoning district, providing for subdivision of land for more than four parcels, except when there are demonstrated security and/or life safety issues consistent with the public access section of this master program.
C. Any new residential subdivision or other residential development shall demonstrate that a primary residence can be built and maintained on each new lot that:
1. Does not require new structural shoreline stabilization;
2. Does not require a variance or modification of any standard within the SMP;
3. Does not require modification of standard critical area buffers;
4. Does not require new flood hazard control measures not currently incorporated in the applicable flood hazard management plan or result in increased flood hazard to other property; and
5. Does not result in an unmitigated net loss of ecological functions.
D. Transportation and utility facilities to serve new residential subdivision or other residential development should be located outside of SMP jurisdiction if possible and as far from the water’s edge as feasible.
E. Any new residential subdivision or other residential development should be clustered if possible to provide the maximum feasible area of natural or restored native vegetation adjacent to the shoreline.
F. Residential development including accessory over-water structures is prohibited.
G. Public access to and along the affected shoreline shall be provided in compliance with PMC 21.20.040.
H. Fences that extend waterward of the OHWM shall be prohibited. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.080 Transportation.
A. Roads and Bridges.
1. Development of new roads or substantially expanded existing roads shall demonstrate the need for a shoreline location and that no feasible upland alternative outside the shoreline is available.
2. Roads shall cross shoreline areas by the shortest, most direct route feasible to minimize impacts, unless such route would cause significant adverse impacts based on specific local features.
3. The project configuration, design, and related features will minimize alteration of critical area buffers, will fit the existing topography as much as feasible, and minimize alterations to the natural or existing topography.
4. New or expanded roads will provide public access in accordance with PMC 21.20.040 and where they afford scenic vistas, pedestrian viewpoints will be provided.
5. Wetlands shall be avoided whenever feasible. Bridges shall be utilized when crossing wetlands to avoid obstructing movement of surface and groundwater unless it can be demonstrated that fill and compensatory mitigation will produce equal or greater ecological functions.
6. Road crossings of streams will utilize bridges rather than culverts to the maximum extent feasible.
7. Private access roads or driveways providing ingress and egress for individual single-family residences or lots shall be limited to the minimum allowed by the fire code.
8. Bridges will be built of sufficient lateral and vertical clearance to allow the unimpeded passage of flood flows and debris.
B. Nonmotorized Facilities.
1. Nonmotorized facilities shall follow provision for public access facilities.
2. Trails shall be developed consistent with the city’s adopted plans.
3. Nonmotorized facilities shall avoid sensitive features of the shoreline, including wetlands and fish and wildlife habitat. Facilities shall be placed outside of, or in the outer portions of, buffers. Elevated walkways shall be utilized where feasible to cross wetlands and streams.
C. Railroads.
1. New railroads requiring right-of-way expansion within the shoreline are prohibited unless an analysis of regional transportation alternatives documents that no feasible alternative exists.
2. Expansion of existing railroad facilities within existing rights-of-way (i.e., additional track or other features) must demonstrate the need for a shoreline location and that no feasible upland alternative outside the shoreline is available.
3. The project configuration, design and related features will minimize alteration of critical area buffers, will fit the existing topography as much as feasible, and minimize alterations to the natural or existing topography.
4. Wetlands shall be avoided whenever feasible. Bridges shall be utilized when crossing wetlands to avoid obstructing movement of surface and groundwater unless it can be demonstrated that fill and compensatory mitigation will produce equal or greater ecological functions.
5. The replacement of the existing BNSF White River Bridge with a bridge with abutments set back further from the floodway is encouraged.
6. Trails and shoreline access should be provided with easements to safely cross railroads, to enhance regional nonmotorized circulation and improve public access to the shoreline. (Ord. 2002 § 4 (Exh. B), 2019).
21.40.090 Utilities.
A. Accessory utilities and local service utilities provide facilities needed to serve water-dependent and other permitted uses in the shoreline are subject to standards for ecological protection and visual compatibility.
B. Regional utility systems designed to primarily serve utility demand of the larger region shall be located outside of SMA jurisdiction, to the extent feasible, except for crossings of water bodies and other elements of shorelands by linear facilities which shall cross in a perpendicular alignment minimizing disturbance.
C. Linear facilities consisting of pipelines, sewers, cables and other facilities roughly parallel to the shoreline shall be discouraged except where no other feasible alternative exists. When permitted, design shall assure that maintenance of the facilities does not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values. At the time of replacement of such facilities that are nearing the end of their life span, or when such facilities are expanded, consideration shall be given to relocating outside of the shoreline as if they were new facilities.
D. Utility crossings of water bodies shall be attached to bridges or located in other existing facilities, if feasible. If new installations are required to cross water bodies or wetlands they should avoid disturbing banks and streambeds and shall be designed to avoid the need for shoreline stabilization. Crossings shall be tunneled or bored where feasible. Installations shall be deep enough to avoid failures or need for protection due to exposure resulting from stream bed mobilization, aggregation, or lateral migration. Underwater utilities shall be placed in a sleeve if feasible to avoid the need for excavation in the event of the need for maintenance or replacement.
E. New electrical distribution lines within the shoreline shall be placed underground. Distribution lines that cross water or other critical areas may be allowed to be placed above ground if:
1. There is no feasible alternative route; or
2. Underground installation would substantially disrupt ecological functions and processes of water bodies and wetlands as horizontal drilling or similar technology that does not disturb the surface is not feasible; and
3. Visual impacts are minimized to the extent feasible; and
4. If overhead facilities require that native trees and other vegetation in a critical areas buffer cannot be maintained in a natural condition, compensatory mitigation is provided on or off site.
F. Utility rights-of-way shall be managed for compatible multiple uses such as shore access, trails, and recreation whenever feasible. Utility right-of-way acquisition should be coordinated with transportation and recreation planning. New utility corridors, or expansion of facilities on existing corridors, shall provide public access in accordance with PMC 21.20.040. Utilities shall be encouraged to provide pedestrian public access on existing utility corridors.
G. Stormwater management facilities, including detention/retention/treatment ponds, vaults, media filtration facilities, and lagoons or infiltration basins, may be permitted within SMA jurisdiction if:
1. The facility does not displace vegetation or otherwise adversely impact a critical area buffer, or is located in a portion of a buffer previously disturbed; or
2. The facility replaces an existing facility within SMP jurisdiction and results in a net reduction of impacts.
H. Stormwater, wastewater, or water supply pump stations; and stormwater discharge facilities such as dispersion trenches, level spreaders, and outfalls, may be located in the shoreline jurisdiction if:
1. Due to topographic or other physical constraints there are no feasible locations for these facilities outside the shoreline;
2. The facility minimizes and compensates for impacts to critical area buffers; and
3. Any discharge facility is designed and maintained to prevent erosion or other adverse impacts. (Ord. 2002 § 4 (Exh. B), 2019).