Chapter 25.07 USE/DEVELOPMENT REGULATIONS

Chapter 25.07
USE/DEVELOPMENT REGULATIONS

Sections:

25.07.005 Generally.

25.07.010 Summary of uses, approval criteria, and process.

25.07.020 Dredging regulations.

25.07.030 Filling and excavation regulations.

25.07.035 Forest practices.

25.07.040 Boat facilities and boat launches – Ramps and rails regulations.

25.07.050 Private docks, floats, mooring buoys and watercraft lift regulations.

25.07.060 Public docks and floats regulations.

25.07.070 Shoreline stabilization regulations.

25.07.080 Residential use regulations.

25.07.090 Public recreational use regulations.

25.07.100 Transportation regulations.

25.07.110 Utilities regulations.

25.07.120 Agricultural use regulations.

25.07.130 Private beach park use regulations.

25.07.005 Generally.

These regulations apply to all new development and uses within the Lake Sammamish, Pine Lake, and Beaver Lake shoreline jurisdictions. These regulations shall only apply within the shoreline jurisdiction and shall not apply to portions of lots extending further landward than the landward extent of shoreline jurisdiction, as specified by SMC 25.05.010. Regulations pertaining to general requirements are contained in Chapter 25.06 SMC. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.010 Summary of uses, approval criteria, and process.

Table 25.07.010-1 summarizes the permitted, conditional, and prohibited uses for each lake. All permitted and conditional uses may not appear in the table. In cases where uses are not listed, or conflicts exist with other section(s) of the program, the text provisions shall control. Table 25.07.010-2 summarizes the dimensional standards for each lake.

Table 25.07.010-1: Permitted Uses
Use (SMC Section)	Lake Sammamish Shoreline Residential	Lake Sammamish Urban Conservancy	Pine and Beaver Lakes Shoreline Residential	Pine and Beaver Lakes Urban Conservancy
P = Permitted; C = Conditional Use; X= Prohibited
Agriculture (25.07.110)	C	C	C	C
Aquaculture	C	X	C	X
Boating facilities	P	P	P	P
Dredging (25.07.020(1))	P	P	P	P
Dredging (25.07.020(2))	C	C	C	C
Fill and excavation and grading landward of the OHWM (25.07.030)	P	P	P	P
Fill waterward of the OHWM, except for ecological restoration (25.07.030)	C	C	C	C
Fill waterward of the OHWM for ecological restoration (25.07.030)	P	P	P	P
Forest practices (25.07.035)	C	C	C	C
New private boat launches (25.07.040)	X	X	X	X
Maintenance and repair of existing private boat launches (25.07.040)	P	P	P	P
Public boat launches (25.07.040)	P	P	P	P
Private docks, floats, mooring buoys (25.07.050)	P	P	P	P
Canopies and lifts (25.07.050)	P	P	X	X
Maintenance and repair of docks, lifts, mooring buoys and floats (25.07.050)	P	P	P	P
Public docks, floats, and mooring buoys (25.07.060)	P	P	P	P
Shoreline stabilization bulkheads and bio-engineered solutions (25.07.070)	P	P	P	P
Repair, replacement and maintenance of shoreline stabilization (25.07.070)	P	P	P	P
Breakwaters, gabions, jetties, rock weirs, groins and other similar structures (25.07.070)	X	X	X	X
Single-family residences and appurtenances (accessory structures) (25.07.080)	P	P	P	P
Accessory dwelling units (25.07.080(7))	P	P	P	P
Subdivision (25.07.080(6))	P	P	P	P
Houseboats and floating homes (25.07.080(2)(a))	X	X	X	X
Transportation uses and facilities (25.07.100)	P	P	P	P
Parking, accessory to a permitted shoreline use (25.07.100)	P	P	P	P
Parking as a primary use (25.07.100)	X	X	X	X
Parking in, on or over water (25.07.100)	X	X	X	X
Private beach park use and structures (25.07.130)	C	C	C	C
Public recreational use and structures (25.07.090)	P	P	P	P
Utilities, primary land use (25.07.110)	P	P	P	P
Utilities, accessory to a single-family normal appurtenance (25.02.010 and 25.07.080)	P	P	P	P
Water-oriented commercial development (25.02.010)	C	C	X	X
Non-water-oriented commercial development (25.02.010(56))	X	X	X	X
Water-dependent industry (25.02.010(92))	X	X	X	X
Non-water-dependent industry (25.02.010(56))	X	X	X	X
Mining	X	X	X	X
Marina (25.02.010)	X	X	X	X

Table 25.07.010-2: Dimensional Standards
	Lake Sammamish Shoreline Residential	Lake Sammamish Urban Conservancy	Pine and Beaver Lakes Shoreline Residential	Pine and Beaver Lakes Urban Conservancy
Single-Family Residential (SMC 25.06.020 and 25.07.080)
Height	35 feet	35 feet	35 feet	35 feet
Setbacks	15% of lot width, minimum setback 5 feet	15% of lot width, minimum setback 5 feet	R-4	R-4
Minimum yard area	45%	60%	45%	60%
Fences	6 feet	6 feet	6 feet	6 feet
Accessory structures (not ADU) (SMC 25.07.080)
Height	10 feet	10 feet	10 feet	10 feet
Maximum footprint	200 square feet	200 square feet	200 square feet	200 square feet
Other structures outside shoreline setback
Height	35 feet	35 feet	35 feet	35 feet
Footprint maximum	None	None	None	None
Docks: Private Residential (SMC 25.07.050)
Length	Dock length of 80 feet maximum or length necessary to reach a depth of 8 feet. No dock shall be more than 1/4 the distance to the opposite shoreline.	Dock length of 80 feet maximum or length necessary to reach a depth of 8 feet. No dock shall be more than 1/4 the distance to the opposite shoreline.	Dock length of 80 feet maximum or length necessary to reach a depth of 8 feet. No dock shall be more than 1/4 the distance to the opposite shoreline.	Dock length of 80 feet maximum or length necessary to reach a depth of 8 feet. No dock shall be more than 1/4 the distance to the opposite shoreline.
Area: One owner	480 square feet	480 square feet	480 square feet	480 square feet
Area: Two to nine owners	700 square feet	480 square feet	700 square feet	480 square feet
Area: 10 or more owners	1,000 square feet	480 square feet	700 square feet	480 square feet
Width	4 feet within 30 feet of OHWM, 6 feet when more than 30 feet from OHWM	4 feet within 30 feet of OHWM, 6 feet when more than 30 feet from OHWM	4 to 6 feet within 10 feet of OHWM. Total of the platform area and walkway area are not to exceed 480 square feet or 700 square feet for joint use docks.	4 to 6 feet within 10 feet of OHWM. Total of the platform area and walkway area are not to exceed 480 square feet.
Placement	At least 15 feet from property line	At least 15 feet from property line	At least 15 feet from property line	At least 15 feet from property line
Subdivision (SMC 25.07.080)	Shared use docks are required (see above for shared use dock allowances).	Shared use docks are required (see above for shared use dock allowances).	Shared use docks are required (see above for shared use dock allowances).	Shared use docks are required (see above for shared use dock allowances).
Canopy (SMC 25.07.050)
Coverage	25 x 15 feet	25 x 15 feet	N/A	N/A
Height above OHWM	10 feet	10 feet	N/A	N/A
Docks: Public Recreational (SMC 25.07.060)
Length	No limit	No limit	No limit	No limit
Area	3,000 square feet	3,000 square feet	3,000 square feet	3,000 square feet
Width	6 feet	6 feet	6 feet	6 feet
Setbacks (SMC 25.06.020)
Shoreline setback	50 feet	50 feet	45 feet	45 feet
Building setback	N/A	N/A	5 feet	5 feet
Vegetation enhancement area (VEA)	15 feet	15 feet	15 feet as specified in the program	15 feet as specified in the program
Active use area	15 – 25% of VEA	15 – 25% of VEA	25% of VEA	25% of VEA
Subdivision (SMC 25.07.080(6))
Minimum area	12,500 square feet	12,500 square feet	12,500 square feet	12,500 square feet
Minimum lot width	50 feet	50 feet	50 feet	50 feet

(Ord. O2019-493 § 1 (Att. 1); Ord. O2016-410 § 1 (Att. A); Ord. O2011-308 § 1 (Att. A))

25.07.020 Dredging regulations.

Dredging shall be the minimum necessary to accomplish its purpose, and projects shall be designed to minimize or eliminate the need for future dredging.

(1) Dredging may be permitted when necessary to support the following:

(a) Construction of a public dock for public water-dependent recreational use; provided, that the dredging is limited to the minimum needed to accommodate the public dock and then only when there is no feasible alternative; or

(b) Public sponsored ecological restoration or enhancement projects; or

(c) City-approved restoration and mitigation projects that involve bulkhead removal and/or shoreline vegetation enhancement; or

(d) Bioengineered shoreline stabilization projects, including bioengineered shoreline stabilization associated with private residential developments.

(2) Dredging for any purpose other than listed in subsection (1) of this section may be permitted with a conditional use permit.

(3) When permitted, dredging activities must comply with all of the following standards:

(a) Alternatives to dredging are infeasible; and

(b) The dredging is timed to minimize damage to shoreline ecological functions and aquatic life; and

(4) Dredging for the purpose of public transportation is not permitted.

(5) Dredge material shall be disposed of in legally established upland locations away from the shoreline and should be coordinated with appropriate agencies. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.030 Filling and excavation regulations.

(1) All filling and excavation activities in the shoreline jurisdiction shall comply with the provisions of this program and all other applicable City and state requirements.

(2) Fill and excavation is allowed only in association with a permitted use. Where allowed, fill and excavation shall be the minimum necessary to accommodate the development.

(3) Development that involves fill or excavation within the shoreline jurisdiction shall obtain a shoreline substantial development permit unless exempt by WAC 173.27.040(2).

(4) Fill shall be permitted landward of the OHWM and as allowed in subsection (5) of this section as a permitted or conditional use, and only where it is demonstrated that the proposed action will not result in ecological damage to water quality, fish, and/or wildlife habitat; or adversely alter natural drainage patterns.

(5) Fill shall not be used to alter the OHWM, except as part of an approved restoration project. Filling waterward of the OHWM shall only be allowed when necessary to support one or more of the following:

(a) Public sponsored ecological restoration or enhancement projects;

(b) City-approved restoration and mitigation projects that involve bulkhead removal, shoreline vegetation enhancement and/or shoreline restoration;

(c) Bioengineered shoreline stabilization projects, including bioengineered shoreline stabilization associated with private residential developments;

(d) Publicly sponsored nonrestoration projects that provide public access or improve access to the shoreline for a substantial number of people;

(e) Construction of public docks for public water-dependent recreational use; provided, that the filling and/or excavation are limited to the minimum needed to accommodate the public dock;

(f) Expansion or alteration of public transportation facilities of statewide significance currently located in the shoreline on the date of adoption of this SMP where there is no feasible alternative;

(g) When associated with a permitted or conditional use and as required by state or federal agencies;

(h) Fill waterward of the OHWM for any other purpose than ecological restoration shall require a shoreline conditional use permit.

(6) Fill or excavation shall not be located where structural shore stabilization will be required to maintain materials placed or removed. Disturbed areas shall be immediately stabilized and revegetated, as applicable. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.035 Forest practices.

Forest practices, as defined by SMC 21.04.040(B)(148), that only involve timber cutting are not considered development under this program and do not require a shoreline substantial development permit or a shoreline exemption. Forest practice activities other than timber cutting shall be considered development under this program, and shall require a conditional use permit. (Ord. O2019-493 § 1 (Att. 1))

25.07.040 Boat facilities and boat launches – Ramps and rails regulations.

(1) Existing legally established launch ramps and rails associated with private residential development may be maintained and repaired.

(2) Public launch ramps and rails associated with public recreational uses shall be allowed on public land along the Lake Sammamish, Pine Lake, and Beaver Lake shorelines.

(3) New launch ramps and rails shall be designed as follows:

(a) New launch ramps or rails shall be anchored to the ground through the use of tie-type construction. New ramps that solidly cover the water body bottom are prohibited; and

(b) No portion of a launch ramp or rail shall be placed or extend more than 60 feet waterward of the OHWM; and

(4) New launch ramps and rails associated with private residential development are prohibited.

(5) Private beach park uses as regulated by SMC 25.07.130, and private joint access parcels associated with residential use as allowed by SMC 25.07.080, may have docks, mooring buoys, and floats consistent with the regulations in SMC 25.07.050.

(6) Structures accessory to the docks, mooring buoys, and floats may be constructed on the upland parcels with a shoreline substantial development permit issued consistent with this program, specifically SMC 25.06.020 and 25.07.080(2)(e). (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.050 Private docks, floats, mooring buoys and watercraft lift regulations.

(1) All Lakes. The following regulations shall apply to private docks, floats, mooring buoys and lifts:

(a) No new dock, mooring buoy, or float shall be located closer than 15 feet from the side property line extended, except that joint-use docks, lifts and floats may abut or cross property lines for the common use of adjacent property owners when mutually agreed to by the property owners in an agreement recorded with King County. Lifts (Lake Sammamish only) may be located within five feet of property lines consistent with subsection (2)(i) of this section.

(b) Mooring buoys shall be limited to the number allowed pursuant to Washington State Department of Natural Resources requirements.

(c) No new float shall cover more than 150 square feet of the lake. The area of the float shall be counted as part of the overall dock area.

(d) No dwelling unit or building may be constructed on a dock, float or other moorage structure.

(e) The use of fill to construct new docks, floats, and/or lifts (lifts allowed on Lake Sammamish only) shall only be allowed pursuant to the requirements of SMC 25.07.030.

(f) New private docks, floats and/or lifts (lifts allowed on Lake Sammamish only) shall be designed and constructed using WDFW-approved methods and materials.

(g) The top surface of new private docks shall not exceed five feet in height above the OHWM.

(h) Docks, and platform lifts must be fully grated or contain other materials that allow a minimum of 40 percent light transmission through the decking material. If float tubs for docks preclude use of fully grated decking materials, then a minimum of two feet of grating must be installed down the center of the entire float.

(i) Pilings or moorage piles shall not be treated with pentachlor chlorophenol, creosote, chromate copper arsenate (CCA) or comparable toxic compounds.

(j) Existing legally established private docks and floats may be repaired or replaced consistent with the following standards provided within this chapter and listed below.

(k) Repair or replacement of an existing residential dock shall be administered as follows:

(i) Repair proposals which replace 75 percent or greater of the existing dock support piles, cumulatively over the lifetime of the dock, are considered replacement docks and must comply with requirements for replacement docks (below); and

(ii) On Lake Sammamish, repair proposals which replace between 25 and 75 percent of the existing dock support piles, cumulatively over the lifetime of the dock, must achieve the minimum 18-foot spacing to the extent allowed by site-specific engineering or design considerations and shall install deck grating on all areas of replaced decking; and

(iii) All proposed replacement piles shall be the minimum size allowed by site-specific engineering or design considerations.

(l) A replacement of an existing private dock shall be consistent with the following requirements:

(i) A proposal to replace the entire dock, or 75 percent or more of the dock support piles, cumulatively over the lifetime of the dock, must meet the dimensional, decking, and design standards for new docks as described above in subsections (1)(a) through (l) of this section, except the City may administratively approve an alternative design as provided in subsection (1)(m) of this section.

(m) Alternative Design. The City shall approve the following modifications to a dock or pier replacement proposal that deviates from the dimensional standards required by this chapter subject to approval by other permitting agencies such as the U.S. Army Corps of Engineers, or the Washington State Department of Fish and Wildlife.

In addition, the following requirements and all other applicable provisions of the chapter shall be met:

(i) State and Federal Agency Approval. U.S. Army Corps of Engineers or the Washington Department of Fish and Wildlife has approved the proposal; and

(ii) Materials. Use of grated decking consistent with this chapter; and

(iii) Maximum Area. No larger than existing dock; and

(iv) Minimum Water Depth. No shallower than authorized through state and federal approval.

(2) Lake Sammamish. The following requirements apply to all new private docks, floats, and lifts on Lake Sammamish, including shared/joint-use facilities and private beach park facilities:

(a) Each individual residential lot or private beach park lot on Lake Sammamish shall be allowed one residential dock, one float, two boat lifts, and two personal watercraft lifts. In lieu of the two boat lifts and two personal watercraft lifts, four personal watercraft lifts may be permitted.

(b) Contiguous lots using shared/joint-use docks shall be allowed one additional boat lift and one additional personal watercraft lift or two additional personal watercraft lifts in addition to the allowances within subsection (2)(a) of this section.

(c) Lots that provide shared/joint-use for more than nine residential homes shall be allowed one additional dock for service of existing legally established launch ramps and rails; provided, that the total area of overwater coverage does not exceed the maximum overwater area coverage allowed by this section.

(d) Lots providing private beach park use, as allowed by SMC 25.07.130, shall be allowed one additional boat lift and one additional personal watercraft lift or two additional personal watercraft lifts in addition to the allowances within subsection (2)(a) of this section.

(e) Maximum overwater area coverage for private docks accessory to residential use on Lake Sammamish in the shoreline residential environment, including any float coverage but excluding canopy coverage, shall not exceed:

(i) Four hundred eighty square feet for private residential docks serving one lot; or

(ii) Seven hundred square feet for private residential docks serving two to nine lots in a shared use agreement; or

(iii) One thousand square feet for private residential docks serving more than nine lots in a joint-use agreement.

(f) Maximum overwater area coverage for private docks accessory to residential use on Lake Sammamish in the Urban Conservancy Environment, including any float coverage but excluding canopy coverage, shall not exceed 480 square feet.

(g) Maximum overwater coverage for private docks accessory to private beach park uses on Lake Sammamish in the Shoreline Residential Environment, including any float coverage but excluding canopy coverage, shall be consistent with SMC 25.07.130, shall be the minimum size necessary to meet the needs of the proposed water-dependent use as approved through conditional use permit, and shall not exceed 1,000 square feet.

(h) Maximum overwater coverage for private docks accessory to private beach park uses on Lake Sammamish in the Urban Conservancy Environment, including any float coverage but excluding canopy coverage, shall be consistent with SMC 25.07.130, shall be the minimum size necessary to meet the needs of the proposed water-dependent use as approved through conditional use permit, and shall not exceed 480 square feet.

(i) Docks shall be no wider than four feet, except an additional two feet of width can be allowed without a variance, where associated with a residential property owner or private beach park member with a condition that qualifies for state disabled accommodations. The City can also allow without a variance, up to two feet of additional dock width limited to areas more than 30 feet waterward of the OHWM, if approved by other permitting agencies, such as the U.S. Army Corps of Engineers or the Washington Department of Fish and Wildlife. Otherwise docks shall not exceed four feet in width.

(j) Ells, fingers and deck platforms can be no closer than 30 feet waterward of the ordinary high water mark.

(k) The first set of pilings for a dock shall be located no closer than 18 feet from the ordinary high water mark.

(l) Maximum Length of Private Docks. The maximum waterward extent of any new dock or other in-water/overwater moorage structure shall be no longer than 80 feet or the length needed to reach a depth of eight feet (measured from ordinary high water), whichever is greater. No dock shall be more than one-quarter the distance to the opposite shoreline.

(m) No boat lift shall be located closer than five feet from the side property line extended. New boat lifts installed between five and 15 feet of the side property line extended must be installed perpendicular to the shoreline.

(n) One boat canopy per private dock is allowed; provided, that private docks providing moorage for two or more users through joint residential use or private beach park use may be allowed a maximum of two boat canopies per private dock. All boat canopies shall be made of translucent material. Canopies may be a maximum of 25 feet in length, 15 feet in width, and 10 feet at the highest point over ordinary high water.

(3) Pine Lake and Beaver Lake. The following requirements apply to all new private docks and floats on Pine Lake and Beaver Lake, including shared/joint-use facilities and private beach park facilities:

(a) Each individual residential lot on Pine and Beaver Lake shall be allowed one residential dock and one float.

(b) Maximum overwater coverage area for private docks on Pine and Beaver Lake in the Shoreline Residential Environment shall not exceed:

(i) Four hundred eighty square feet for private residential docks serving one lot.

(ii) Seven hundred square feet for private residential docks serving two or more lots in a joint-use agreement.

(c) Maximum overwater coverage area for private docks on Pine and Beaver Lake in the Urban Conservancy Environment shall not exceed 480 square feet.

(d) Maximum overwater coverage for private docks accessory to private beach park uses on Pine or Beaver Lake in the Shoreline Residential Environment shall be the minimum size necessary to meet the needs of the proposed water-dependent use as approved through conditional use permit and shall not exceed 700 square feet.

(e) Maximum overwater coverage for private docks accessory to private beach park uses on Pine or Beaver Lake in the Urban Conservancy Environment shall be the minimum size necessary to meet the needs of the proposed water-dependent use as approved through conditional use permit and shall not exceed 480 square feet.

(f) Docks shall be no wider than four feet, except:

(i) Dock width may be increased from four feet to six feet if the platform area and the total area of the walkway do not exceed 480 square feet or 700 square feet for joint use docks.

(ii) The maximum square footage of platforms (ells, Ts, etc.) at the end of the dock is 250 square feet.

(iii) Between OHWM and the platform the walkway shall be no wider than six feet for a minimum distance of 10 feet.

(g) New boat lifts and canopies are not permitted on Pine and Beaver Lakes. Existing lifts and canopies may be maintained.

(h) The maximum waterward extent of any new dock or other in-water/over-water moorage structure shall be no longer than 80 feet or the length needed to reach a depth of eight feet (measured from ordinary high water), whichever is greater. No dock shall be more than one-quarter the distance to the opposite shoreline. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.060 Public docks and floats regulations.

New public recreational docks and floats on public lands shall comply with the following:

(1) Public recreational docks shall be designed and constructed using WDFW-approved methods and materials; and

(2) With the exception of total over-water coverage, public recreational docks shall comply with design standards required for private docks listed in SMC 25.07.050(1)(a) through (l).

(3) Consistent with SMC 25.07.050(2)(e) and (3)(c), the width of public recreational piers and docks should be minimized, but can be authorized up to six feet in width subject to Army Corps of Engineers and/or Washington Department of Fish and Wildlife approval;

(4) No public recreational dock shall exceed 3,000 square feet in surface area. There is no dock length limit for public recreational docks; however, public piers and docks shall not interfere with navigation. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.070 Shoreline stabilization regulations.

This section describes the types of shoreline stabilization permitted on all shorelines in Sammamish.

(1) When allowed pursuant to this program, shoreline stabilization and permitted alternatives, including new, expanded, or replacement bulkhead alternatives and bulkheads, must meet all of the following requirements:

(a) The impacts must be first avoided, then minimized and then mitigated through compliance with this program and other applicable regulations such that there is no net loss of shoreline ecological functions. This is achieved by maintaining the required vegetation enhancement area in a vegetated condition, or planting the shoreline vegetation enhancement area in accordance with this program;

(b) The size of shoreline stabilization structure shall be limited to the minimum necessary to protect the primary structure;

(c) The shoreline stabilization is designed by a state licensed professional geotechnical engineer and/or engineering geologist and constructed according to applicable state and federal laws; and

(d) The shoreline stabilization is designed and constructed to incorporate natural vegetation and habitat elements wherever reasonable, and constructed and maintained in a manner that does not degrade the water quality of affected waters;

(e) No gabions, motor vehicles, appliances, structure demolition debris, or solid waste of any kind shall be used for shoreline stabilization. Any such objects that may be remnant from replaced shoreline stabilization must be removed from the shoreline and shoreline setback unless doing so would cause damage to the environment;

(f) The shoreline stabilization shall be designed and constructed with gravel backfill and weep holes so that natural downward movement of surface or ground water may continue without ponding or saturation;

(g) The shoreline stabilization on shores exposed to significant wave action shall be designed to dissipate wave energy and scouring; and

(h) Shoreline stabilization shall be placed landward of associated wetlands and buffers.

(2) Bulkhead alternatives and bioengineered shoreline stabilization (also known as biostabilization) are the preferred method for stabilizing shorelines and shall be permitted with proof of demonstrated need provided in a technical report prepared by a Washington state licensed engineer and/or a qualified biologist as appropriate. Such alternatives include large rocks, logs, revetments and other natural materials integrated with native vegetation to prevent erosion of land into the lakes.

(3) New or expanded hard structural stabilization may be permitted only when bulkhead alternatives are determined to be infeasible or insufficient and when required:

(a) To protect an existing primary residential structure from shoreline erosion caused by currents or waves (and not caused by normal sloughing, vegetation removal, or poor drainage) when there is a significant possibility that the primary structure will be damaged within three years as a result of shoreline erosion in the absence of armoring measures.

(b) For projects whose primary purpose is remediating hazardous substances pursuant to Chapter 70.105 RCW.

(4) To comply with subsection (3) of this section, the property owner shall provide technical reports that:

(a) Evaluate the need for structural shoreline stabilization; and

(b) Describe alternatives to structural approaches and analyze the environmental effects of each alternative. Geotechnical analysis shall address the necessity of bulkheads or other armoring by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. The geotechnical reports and alternatives analysis shall be prepared by a Washington state licensed engineer, engineering geologist and/or a qualified biologist as appropriate. The reports shall meet the application requirements of SMC 21.09.010 (Procedures for Land Use Permit Applications, Public Notice, Hearings and Appeals) and the critical areas study requirements of SMC 21.03.020(K)(3).

(5) Stairs may be built into shoreline stabilization but shall not extend waterward of OHWM. Stairs on the waterward side of existing bulkheads may be maintained and repaired in kind.

(6) When there is a need for an existing legally established bulkhead to be replaced, it may be done with bulkhead alternatives or biostabilization. An existing bulkhead or similar stabilization structure may only be replaced with a structure of similar dimension and location when bulkhead alternatives are demonstrated to be infeasible or inadequate to protect the primary residential structure and the following criteria are met:

(a) There is a demonstrated need to protect the primary residential structure from erosion caused by currents or waves and not caused by normal sloughing, vegetation removal, or poor drainage; and

(b) The replacement structure shall not encroach waterward of the OHWM or the existing stabilization structure unless the primary use being protected is a residence that was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the landward side of the existing shoreline stabilization structure.

(7) Existing shoreline stabilization structures that are being replaced shall be removed unless removing the structure will cause more environmental harm than leaving it in place.

(8) An existing legally established bulkhead or similar hard shoreline stabilization structure may be repaired and maintained. If the repair or maintenance activity changes the location of the structure or alters any dimension of the structure by more than 10 percent, it shall be treated as a new/replacement hard shoreline stabilization structure and the City may require mitigation in accordance with this program.

(9) Subdivisions shall be designed to assure that future development of the established lots will not require armoring. Use of a bulkhead, wall, or similar structure to protect a platted lot where no structure presently exists shall be prohibited.

(10) Breakwaters, jetties, rock weirs, groins and similar structural modifications shall be prohibited.

(11) New bulkheads on vacant lands are prohibited. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.080 Residential use regulations.

(1) Preferred Use. Single-family residential use is a preferred shoreline use and shall be permitted when consistent with this program and the Act, including the goal to ensure no net loss of shoreline ecological functions.

(2) New Residential Development. New residential development and normal appurtenances shall be located sufficiently landward of the OHWM to preclude the need for new structural shoreline stabilization and/or flood protection for the useful life of the structure in accordance with the following:

(a) New residential development and normal appurtenances shall be located landward of the shoreline setback, or if applicable the reduced shoreline setback, or as otherwise allowed, in accordance with this program. Houseboats, live-aboards, or other dwelling units are prohibited overwater.

(b) Residential structures shall be located to avoid the need for future shoreline stabilization.

(c) For shoreline residential areas, 45 percent of the lot shall be yard area. For purposes of this section, “yard” is any surface area that is not structured or hardened. Yard areas may be landscaped, contain uncovered decks of less than 18 inches above grade, or artificial turf, but do not include areas covered by pervious concrete or other similar materials.

(d) For urban conservancy areas, the minimum amount of yard shall be no less than 60 percent of the lot area above OHWM. For purposes of this section, “yard” is any surface area that is not structured or hardened. Yard areas may be landscaped, contain uncovered decks of less than 18 inches above grade, or artificial turf, but do not include areas covered by pervious concrete or other similar materials.

(e) New structures, excluding accessory dwelling units, may be located waterward of the shoreline setback; provided, that all of the following criteria are met:

(i) The maximum total footprint is not more than 200 square feet; and

(ii) The maximum height is not more than 10 feet above existing average grade level; and

(iii) The structure is located outside of wetlands, streams, other ecologically sensitive areas and associated buffers; and

(iv) Potential impacts are managed consistent with the provisions of this program. Where environmental impacts not otherwise avoided or mitigated by compliance with the program and other applicable regulations are identified, mitigation sequencing (i.e., avoid, minimize, and then mitigate), including identification of appropriate mitigation to offset any anticipated impacts resulting from the project, shall be utilized.

(f) New accessory dwelling units may be located landward of the shoreline setback; provided, that all of the applicable zoning requirements and provisions of this program are met.

(3) Expansion of Existing Legally Established Residential Use.

(a) All Lakes. An existing legally established residential structure may be expanded or reconfigured consistent with the substantive requirements of this program.

(4) Interior Setbacks.

(a) Lake Sammamish. Interior setbacks within shoreline jurisdiction shall total 15 percent of the width of the lot, with a minimum setback of five feet on either side of the lot.

(5) Fences. No portion of any fences within shoreline jurisdiction shall exceed six feet in height, as measured from the existing ground elevation along the proposed fence alignment, and shall not be located within wetlands, streams, or SMC 21.03.020 buffers.

Fences should be located outside of the shoreline setback upland of the OHWM, in an effort to minimize disruption of wildlife migration along shoreline areas. Fences may be located within the shoreline setback upland of the OHWM when needed to serve their primary function. When located within the shoreline setback the fence height shall not exceed 42 inches, and nonsolid materials shall be utilized.

(6) Subdivision. Shoreline lots may be subdivided in accordance with SMC Title 19.

(a) The minimum lot width required for subdivision within shoreline jurisdiction shall be 50 feet as measured by scaling a circle of the applicable diameter within the boundaries of the lot. For lots fronting directly on the OHWM, the lot width circle shall touch the OHWM. An access easement may be included in the lot width circle; and

(b) Landward portions of all lots created through subdivision shall have a minimum size of 12,500 square feet; provided, that all other applicable regulations are met, including this program, SMC 21.04.030 and the King County department of health (septic system siting standards); and

(c) All new subdivisions shall be allowed one additional shared use dock. A dock existing prior to subdivision application may remain for either shared use or use by one lot in the subdivision.

(7) Accessory Dwelling Unit (ADU). Only one accessory dwelling is allowed per primary single detached dwelling unit. An ADU is only allowed in the same building as the primary dwelling unit when the lot is less than 10,000 square feet in area or when there is more than one primary dwelling on a lot. One of the dwelling units shall not exceed a floor area of 1,000 square feet except when one of the dwelling units is wholly contained within a basement or attic. A detached ADU shall be located outside of all critical area buffers and/or shoreline setback areas and shall not be subject to any shoreline setback reductions or variances.

(8) Accessory Utilities. For single-family residences accessory utilities include electrical, gas, water, cable, telephone, and public sewer connections to the primary utilities, and also installation of septic tank and drainfields.

(9) Private Joint Access Beach Parcels. Private joint access parcels associated with and subordinate to adjacent residential lots shall be allowed, provided that all applicable standards of Chapter 25.06 SMC and this section are implemented such that there is no net loss of shoreline ecological functions. Joint use private docks, floats, mooring buoys, and watercraft lifts shall be allowed at private joint access parcels consistent with standards in SMC 25.07.050. (Ord. O2019-493 § 1 (Att. 1); Ord. O2016-410 § 1 (Att. A); Ord. O2011-308 § 1 (Att. A))

25.07.090 Public recreational use regulations.

(1) Public recreational development on public land is a preferred shoreline use and is permitted when consistent with underlying zoning pursuant to SMC 21.04.020, this program, and the Act, including the goal to ensure no net loss of shoreline ecological functions.

(2) New public recreational activities and facilities proposed within shoreline jurisdiction shall be water-oriented, and shall provide physical and/or visual access to the shoreline.

(3) The following water-oriented public recreational structures are permitted waterward of the shoreline setback and building setback:

(a) Public docks, and/or floats allowed pursuant to SMC 25.07.060; and

(b) Public picnic shelters and similar facilities for water enjoyment uses; provided, that such structures are not located in wetland or stream buffers, or in, on or over water and that no structure exceeds 15 feet above existing average grade level.

(4) Non-water-oriented public recreational development, including parking, restrooms and similar facilities, shall be located landward of the shoreline setback where feasible.

(5) Public recreational developments shall provide for public nonmotorized connectivity between existing public roads, trails and said development on the shoreline (e.g., pedestrian and/or bicycle paths), unless such access is infeasible due to public health and safety considerations.

(6) Public recreational developments shall include landscaping that uses native, self-sustaining vegetation. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.100 Transportation regulations.

(1) The following regulations for transportation use shall apply to any use or development where transportation infrastructure is, or is proposed to be, a primary land use, including new or expanded roadways, trails, nonmotorized facilities and parking facilities. Transportation use regulations shall not apply to residential access drives that are accessory to residential use.

(2) New transportation development shall be carried out in a manner that maintains or improves water quality for receiving waters through implementation of state and City stormwater regulations (see SMC 25.07.110).

(3) New transportation and stormwater facilities and improvements to existing transportation facilities, not including trails, shall be located outside of the shoreline setback and any required building setback unless there is no feasible alternative. Adverse impacts shall be mitigated according to the mitigation requirements of SMC 21.03.020 and other applicable regulations.

(4) New roads shall be developed to minimize impacts to surface waters and new culverts shall meet applicable City and state standards.

(5) New transportation facilities shall be located and designed to preclude the need for shoreline stabilization where reasonable.

(6) Parking within the shoreline jurisdictions shall be limited to parking facilities that directly serve a permitted shoreline use, such as waterfront regional trails, including on-street parking where otherwise allowed in SMC Title 21. Parking as a primary use shall be prohibited.

(7) To the extent possible, vehicle and pedestrian circulation systems shall be designed to minimize clearing, grading and alteration of topography and natural features. Roadway and driveway alignment shall follow the natural contours and minimize width to the maximum extent reasonable.

(8) Parking facilities shall be located and designed to minimize adverse environmental impacts including, but not limited to, the following:

(a) Stormwater runoff;

(b) Water quality and shoreline habitat;

(d) Public access; and

(e) Lake management districts regulated by SMC 21.03.020.

(9) Parking is prohibited on structures located in, on or over water. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.110 Utilities regulations.

(1) Utility regulations shall apply to any use or development where utility infrastructure is required to support the primary land use.

(2) Utility facilities shall provide for multiple use of sites and rights-of-way (e.g., trail corridors along underground utility rights-of-way), except in instances where multiple uses would unduly interfere with utility operations, endanger public health and safety, or create a significant and disproportionate liability for the owner.

(3) When reasonable, new utility lines shall use existing rights-of-way, corridors and/or bridge crossings and shall avoid duplication and/or construction of new or parallel corridors in all shoreline jurisdictions.

(4) Conveyance utilities shall be placed underground or alongside or under bridges except where the presence of bedrock or other obstructions make such placement infeasible. Stormwater conveyance facilities may be open ditch where appropriate and beneficial to water quality.

(5) New transmission and distribution facilities shall avoid shoreline setbacks and shoreline jurisdiction wherever possible. Otherwise, such facilities shall only cross areas of shoreline jurisdiction by the shortest, most direct route reasonable, unless such route would cause significant environmental damage.

(6) Utility developments shall be located and designed so as to avoid or minimize the need for current or future structural shoreline stabilization.

(7) All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, except in situations where no other reasonable alternative exists. In those limited instances when permitted, automatic shutoff valves shall be provided on both sides of the water body.

(8) Surface water management facilities, such as an energy dissipater and associated pipes, are allowed in the Lake Sammamish, Pine Lake, and Beaver Lake shoreline setbacks only if the applicant demonstrates, to the satisfaction of the department, that:

(a) No feasible alternative exists; and

(b) The functions of the lake and related VEA are not adversely affected or are appropriately mitigated.

(9) Clearing of vegetation for the installation or maintenance of utilities shall be minimized and disturbed areas shall be restored following project completion consistent with the requirements of City stormwater management regulations.

(10) Utility production and processing facilities, such as power plants and sewage treatment plants, or parts 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.

(11) Accessory Utilities. For single-family residences accessory utilities include electrical, gas, water, cable, telephone, and public sewer connections to the primary utilities, and also installation of septic tank and drainfields. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.120 Agricultural use regulations.

(1) New agricultural operations are not permitted within the shoreline jurisdiction; this applies to all three lakes.

(2) Existing agricultural operations on all three lakes may be continued. Expansion or modification of existing agricultural operations or facilities may be permitted as a shoreline conditional use. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.07.130 Private beach park use regulations.

(1) To manage private beach park uses along the Lake Sammamish shoreline, this SMP establishes standards for lots providing private recreational access and use, consistent with the definition of private beach park use included in Chapter 25.02 SMC. All new development under this use category shall require a conditional use permit in addition to a substantial development or exemption permit.

(2) New private beach park development and associated structures shall be allowed with conditional use permit approval on the Lake Sammamish shoreline on private lots within the urban residential zone (all zoned R-4 per SMC Title 21) in accordance with the following:

(a) All structures shall be located to avoid the need for future shoreline stabilization.

(b) Except as reasonable to provide shoreline and/or dock access and to accommodate water-dependent recreation activities within the allowed active use area per SMC 25.06.020(10), all structures and impervious surfaces shall be located landward of the shoreline setback, or if applicable the reduced shoreline setback in accordance with this program. Proposed new water-dependent structures located waterward of the shoreline setback shall be limited to not more than 200 square feet in total coverage, shall not have a maximum height of more than 10 feet above existing average grade level, and shall be located outside of ecologically sensitive areas and associated buffers.

(c) Maximum combined overwater area allowed for private docks and floats accessory to private beach park uses shall be consistent with standards in SMC 25.07.050.

(d) Where any new private beach park development activity is proposed, including a new or expanded dock and/or float accessory to the private beach park use, the applicant shall be required to provide the following use plans consistent with the scale and intensity of the proposed use:

(i) Site access plan, ensuring that reasonable vehicular and/or pedestrian access is available that will accommodate the intensity of proposed private beach park use and not result in unreasonable negative impacts to adjacent public parks and trails or to adjacent private residential uses.

(ii) Site management plan, including identified approach for garbage and recycling disposal, and for meeting restroom facility needs.

(iii) Plan for establishment and maintenance of the required vegetation enhancement area consistent with SMC 25.06.020(10), including allowance for an active use area extending to the shoreline, that demonstrates no net loss of ecological function will occur with the proposed development and future private beach park use.

(e) As part of shoreline conditional use review, the director may require submittal of documentation to verify the proposed intensity of private beach park use is accurately characterized and may condition approvals as necessary to meet standards of this SMP and to ensure that the proposed development and use will result in no net loss of ecological functions.

(3) Existing private beach park uses in existence prior to the effective date of this program, as updated, shall be considered conforming. These lots shall be allowed to maintain existing conditions. However, any existing private beach park use shall not be allowed to further expand without demonstrating compliance with this section. (Ord. O2019-493 § 1 (Att. 1))