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HomeMy WebLinkAboutShoreline Master Program (1983) CITY OF RENTON SHORELINE MASTER PROGRAM • • • ADOPTED BY ORDINANCE NO. 3758 December 5, 1983 Revised July 22, 1985 (Minutes), March 12, 1990 (Resolution 2787), July 16, 1990 (Resolution 2805) and September 13, 1993 (Minutes) • it TABLE OF CONTENTS Section Page 1 Introduction 1 2 Procedures , 5 II 3 Shorelines of the City 13 4 Goals and Policies 14 5 Environments 20 PI 6 General Use Regulations , 123 7 Specific Use Regulations •25 7.01 Airport- Seaplane Bases 25 7.02 Aquaculture 26 7.03 Boat-launching Ramps 26 7.04 Bulkheads 27 7.05 Commercial Development ; 28 7.06 Dredging ; 28 7.07 Industrial Development 30 7.08 Landfill 31 7.09 Marinas 31 7.10 Mining 32 - 7.11 Parking 32 7.12 Piers and Docks 33 7.13 Recreation 36 7.14 Residential Development 37 • 7.15 Roads and Railroads 38 7.16 Stream Alteration 38 7.17 Trails • 39 7.18 Utilities 40 8 Variances and Conditional Uses 43 9 Definitions 45 LIST OF FIGURES (MAPS) 4 � I 3-1 Map of Shorelines 13-A h5-1 Map of Environments 22-A SECTION 1. INTRODUCTION 1.01 . BACKGROUND For several years there has been growing concern among citizens, local government and State government about the increasing pressures affecting the utilization of,the shorelines within the State. In general, shorelines are of limited supply and are faced with rapidly increasing demands for such traditional uses as ports, fishing, swimming and scenic views, as well as new demands for recreational subdivisions, private housing, commercial and industrial uses. More people, higher incomes, more leisure time, and general business growth have combined to create a heavy use of the shorelines. In the fall.of 1970, the Washington Environmental Council circulated an initiative petition known as the Shorelines Protection Act, or Initiative 43, and gathered enough signatures to certify it to the legislature meeting in 1971. Initiative 43, placed the- primary responsibility for the planning and implementation of the Act with State government. The legislature then had the choice of accepting Initiative 43, passing a substitute measure, or taking no action whatsoever. They chose the second option and enacted engrossed Substitute House Bill#584, which was called the Shoreline Management Act of 1971, and subsequently became Initiative 43B. Initiative 43B, called for local control of planning and implementation of the Act. In November of 1972, both measures were placed on the ballot, and the State's voters selected the Shoreline Management Act of 1971 (RCW 90.48). This Act is based on the philosophy that the shorelines of our State are among our most "valuable" and "fragile" natural resources and that unrestricted development of these resources is not in the best public interest. Therefore, planning and management are necessary in order to prevent the harmful effects of uncoordinated and piece-meal development of our State's shorelines. 1.02 REQUIREMENTS OF THE SHORELINE MANAGEMENT ACT Under the Washington State Shoreline Management Act, local governments have the primary responsibility for initiating the planning program and administering 'the regulatory requirements of the Act, with the Department of Ecology acting in a supportive and review capacity. As set forth in the provisions of the Act, local governments must fulfill the following basic requirements: 1. Administration of a shoreline permit system for proposed substantial development on wetlands of designated water bodies. 2. Compilation of a comprehensive inventory which includes a survey of natural characteristics, present land uses, and patterns of ownership. 3. Development of a Master Program to provide an objective guide for regulating the use of shorelines. . I 1 1.03 i COMPLIANCE IN RENTON The Washington State Shoreline Management Act of 1971, directs all local governments to develop a Master Program for the management of all shorelines and associated wetlands lying within the corporate limits. This Master Program has been prepared to comply with the requirements of that Act and to formulate guidelines which will regulate the future utilization and development of the shorelines lying within the corporate limits of the City of Renton. Specifically, this Master Program affects the shorelines of Lake Washington, Cedar River, Green River, Black River, Springbrook Creek, and May Creek, 11 and any other shoreline later coming under the jurisdiction of the Act. In compliance with the first requirement of the State Act, and as part of this Master Program, the City of Renton is establishing a permit system, under which a permit would 11 have to be obtained for any substantial development proposed within aforementioned shorelines, within the city limits of Renton. Substantial development, according to the law, means any development on which the fair market value exceeds $1,000.00, or any development which would interfere with the normal public uses of the water or shorelines. As part of that permit system, the following are considered general exceptions to the permit requirement:* 1. Normal maintenance or repair of existing structures. 2. Construction of the normal protective bulkhead common to single family residences. .3 Emergency construction necessary to protect property from damage by the elements. 4. Construction of barns or similar agricultural buildings. 5. Construction or modification of navigational aids. 6. Construction on wetlands by an owner, lessee or contract purchaser of a single li family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five (35) feet above average grade level. !I 7. Construction of a dock designed for pleasure craft only, for the non-commercial use of the owner of a single family residence, the cost of which does not exceed $2,500. * (Applications for Exceptions must still be submitted to and approved by the Building and Zoning Department.) However, any development which occurs within the city's shoreline, as defined by the Act, whether it requires a permit or not, must be consistent with the intent of the State law. IP Under the shoreline permit system herein established,, administrative responsibility for issuing permits lies with the Planning/Building Public Works Department, but the permits are reviewed in the event of dispute by the Land Use Hearing Examiner, who has the authority to approve or deny permit applications. Liberal provisions are provided for appeal of permit decisions by the Planning/Building Public Works Department ta'the State of Washington Shorelines Hearings Board. Appeals of the decisions of the Land Use Hearing Examiner for substantial development permits (in instances where. Hearing Examiner review is required), for conditional use permits and for variances are also heard by the.State of Washington Shorelines Hearings Board. 2 In compliance with the second requirement of the Act, the Renton Planning Department conducted a comprehensive inventory of the natural characteristics, present land uses, and patterns of ownership along the City's shoreline. The inventory was completed in October, 1972, and provided a substantial basis for the development of this Master Program. The environments and specific use regulations reflect the local conditions that are documented in that inventory. In compliance with the third requirement of the Act, the City of Renton, with the help of its local citizens, has developed a Shoreline Master Program to serve as a guide for regulating use of the City's shorelines. Included therein is a description of the goals, objectives, policies, environments, use regulations, and provisions for variances and conditional uses, that were enacted as part of an overall plan which will regulate the future utilization and development of the shorelines lying within the corporate limits of the city of Renton. 1.04 DEVELOPMENT OF THE MASTER PROGRAM The Shoreline Management Act requires that Renton's Shoreline Management Program serve as an objective guide for regulating use of the City's shorelines. As defined by the Act, the Master Program is to be general, comprehensive, and long-range (20-30 years) in order to be applicable to all of Renton's shorelines. "General" means that the policies, proposals, and guidelines are not directed towards any specific sites. "Comprehensive" means that the Program is directed toward all land and water uses, their impact on the environment and logical estimates of future growth, and it also means that the Program shall recognize the plans and programs of other governmental units, and adjacent jurisdictions. "Long range" means that the Program is to be directed at least twenty (20) to thirty (30) years into the future, look beyond immediate uses, and follow creative objectives rather than a simple projection of current trends and conditions. The basic intent of this Master Program is to provide for the management of our City's shorelines by planning for and fostering all reasonable and appropriate uses and to ensure, if development takes place, that it is done in a manner which will promote and enhance the best interests of the general public. This Master Program has further been formulated to protect the public interest and general welfare in the City's shorelines and, at the same time, to recognize and protect owners' legal property rights consistent with the public interest. The goals and policies of this Master Program are formulated so as to enhance the public use and enjoyment of the shorelines so long as that public use is consistent with, and does not impair, legal private property rights. It is recognized that the shorelines of the city of Renton are located within a major urbanized area and that they are subject to ever increasing pressures of additional uses necessitating increased coordination in the management and development of the shorelines. An, attempt has, therefore, been made to present a planned, rational, and concerted effort to increase coordinated and optimum utilization of the shorelines of the city of Renton. 3 . t Additionally, this Master Program has also been formulated so as to provide for uses of our shorelines in the following order of preference: ;. it 1. Recognize and protect the state-wide interest over local interest on shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shorelines. 7. Provide for any other element deemed appropriate or necessary. It should also be noted that the Department of Ecology has designated Lake Washington as a "region" for the purpose of shoreline planning. The Lake Washington Regional Shoreline goals and Policies adopted by the Regional Citizens Advisory Committee on October 31, 1973, have been considered in the formulation of this Master Program. This Master Program should be read in its entiretyand be considered as a whole. The .9 goals and policies and specific uses of this Master Program were developed in aln attempt to provide long-range planning which would govern the future utilization and development of our shorelines. Although it is anticipated that this Master Program will need to be revised from time-to-time as additional shorelines are annexed and become subject to the provisions of this Act, as planned unit developments are established, and as additional experience is gained working with this Act during its initial implementation period, it is felt ' that the general goals and policies of this Master Program provide the general guidelines under which future utilization and development might occur. We feel confident that these final guidelines are expressive of the concerns of the citizens of the City of Renton for the management of their shorelines. This master Program has been written with the spirit of optimism, with the hope that our legacy of natural grandeur in the City of Renton will be more wisely used in the brief period of time it is entrusted to us, so that succeeding 1 generations might have it to enjoy. ' In 1982, the Renton Planning Commission recommended revisions to the Master Program in accordance with the provisions requiring periodic review. The Renton City Council adopted revisions to this Master Program in late 1983. 11, • Hz II I I 4 II it SECTION 2. PROCEDURES 2.01 ; INFORMATION PRIOR TO SUBMITTING APPLICATION Prior to submitting an application for a substantial development permit or 'an exemption from a substantial development permit, the applicant should informally discuss a proposed development with the Building and Zoning Department. This will enable the applicant to become familiar with the requirements of this Master Program, Building and Zoning procedures, and enforcement procedures. 2.02 j! SUBSTANTIAL DEVELOPMENT PERMITS 2.02.01 Application Forms and Fees .; No substantial development shall be undertaken on shorelines of the City without first obtaining a "substantial development permit" from the Building and Zoning Department. Applications for such permits shall be made on forms and in a procedures prescribed by '11 the Building and Zoning Department. Application forms may be revised from time-to-time !` by the Building and Zoning Department without prejudice to any existing applications. Such forms should be designed to obtain for the Building and Zoning Department such I! information as is necessary to determine whether such a permit is justified. Applications If shall be made by the property owner, or his authorized agent, lessee, contract purchaser, or other person entitled to possession of the property and, except for applications filed by 1 or on behalf of the City or other governmental agencies, shall be accompanied by a receipt issued by the Finance Department showing payment of the applicable fees which are established by the fee schedule ordinance. I; 2.02.62 Publishing and Posting The applicant shall cause to be pp published notices thereof once a week for two (2) !! consecutive weeks in a newspaper of general circulation in the area where said development is proposed, provided, however, that the Building and Zoning Department shall have the right to require additional publications by the applicant in a ,newspaper of general circulation in a neighboring jurisdiction if it appears that the proposed project may 9 9PP P P P J affect the environment of such neighboring jurisdiction.- The applicant shall bear the cost of publication. j Three (3) copies of the notice shall be posted prominently on the property concerned and , in conspicuous public places within three hundred (300) feet thereof. Each such notice shall include a statement that persons desiring to present their views to the Building and • Zoning Department with regard to said application may do so in writing to that Department . • i, and persons interested in the Building and Zoning Department's action on an application 1 for a permit may submit their views in writing or notify the Building and Zoning Department in writing of their interest within thirty (30) days from the last date of publication of such notice. Such notification or submission of views to the Building and I; Zoning Department shall entitle those persons to a copy of the action taken on the application. The a licant shall submitproof ofpublication the Buildingand Zoning 11 PP pP Department within ten (10) days after the last date of publication. An affidavit of publication by the newspaper shall be sufficient. I, � I 11 5 I' , 1 2.02.03 ! Review Guidelines • Unless exempted or authorized through the variance or conditional use permit provisions 1, of this Master Program, no substantial development permit and no other permit shall be granted unless the proposed development is consistent with the provisions of this Master Program, the Shoreline Management Act of 1971, and the'rules and regulations; adopted 1, by the Department of Ecology thereunder. 2.02.04 Burden of Proof on Applicant The burden of proving that the proposed substantial development is consistent with the I criteria which must be met before a permit is granted shall be on the applicant. i 2.02.051 Conditional Approval Should the Building and Zoning Department and/or the Policy Development Diriector find that any application does not substantially comply with criteria imposed by the Master Program and the Shoreline Management Act of 1971, he may deny such application or attach any terms or condition which he deems suitable 'and reasonable to effect the purpose and objective of this Master Program. 2.02.06 Administrative Appeals Where an application is denied or changed, per 2.02.05, an applicant may appeal the decision denying or changing a "substantial development permit" to the Land Use Hearing j Examiner. The Land Use Hearing Examiner shall have the final authority to interpret this Master Program for the City of Renton. See Section 2.10 for appeal procedures to the Shoreline Hearings Board. I 2.02.071 Notification of City Departments i It shall be the duty of the Building and Zoning Department to timely furnish copies of all applications and actions taken by said department unto the Public Works Department and City Clerk and such other officials or departments whose jurisdiction may extend to all,or any part of the proposed development. 2.02.08 'I Bonds ir The Building and Zoning Department and the. Policy Development Department may require the applicant to post a- bond in favor of the City of Renton to assure full compliance with any terms and conditions imposed by said department on any substanfial development permit. Said bond shall be in an amount to reasonably assure the City that any deferred improvement will be carried out within the time stipulated. r' I' 6 I I` 2.03.01 Exemptions from Permit System . The following shall not be considered substantial developments for the purpose of this ,; Master Program: A. Any project with a certification from the governor pursuant to Chapter 80.50 RCW. 1. 1 B. Any development of which the total cost or fair market value does not exceed $1,000, if such development does not materially interfere with the normal public 11 use of the water or shorelines of the State. i C. Normal maintenance or repair of existing structures or developments, including I, damage by accident, fire or elements. 11 1; D. Construction of the normal protective bulkhead common to : single-family ' residences. 'ii ' E. Emergency construction necessary to protect property from damage by the elements. 1; F. Construction of a barn or similar agricultural structure on wetlands. it G. Construction on wetlands by an owner, lessee or contract purchaser of a single- family residence for his own use or for the use of his family, which residence does 1 not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant,to this:chapter. I ! I. Construction of a dock designed for pleasure craft only, for the non-commercial use of the owner of a single-family residence, the cost of which does not exceed $2,500. f � J. Any development on shorelines of the City included within a preliminary or final plat approved by the City prior to April 1, 1981, if: 11 1. The final plat was approved after April 13, 1961, or the preliminary plat was ii approved after April 30, 1969; or t 2. Sales of lots to purchasers with)reference to the plat, or substantial i development incident to platting or required by the plat, occurring prior to '! April 1,1971; and 3. The developmentzto be made without a permit meets all requirements of • the City, other than requirements imposed pursuant to this Master i Program; and { 4. The development does not involve construction of buildings, or, involves construction on wetlands of buildings to serve only as community, social, or 'j recreational facilities for the use of owners of platted lots and the buildings if do not exceed a height of thirty-five (35) feet above grade level; and 1} 5. The development is completed by June 1, 1973. 1 li - .7 I! 2.03.02; Exemption Certificate Procedures I I Any person claiming exemption from the permit requirements of this Master Program as a result of the exemptions specified in this Section, may make application for;a no-fee exemption certificate to the Building and Zoning Department in the manner prescribed'by that department. 2.04 REVIEW OF APPLICATION 2.04.01 Review Criteria I The Building and Zoning Department and the Policy Development Department shall review an application for a permit based on the following: A. The application. • B. The environmental impact statement, if one is required, C. Written comments from interested persons. D. Information and comments from other City departments affected. E. Independent study by the Building and Zoning Department and the Policy Development Department. F. Evidence presented at a public hearing, should the Building and Zoning Department and the Policy Development Department decide that it would be in the public interest to hold a public hearing. The Building and Zoning Department and the Policy Development Department shall have powers to prescribe rules and regulations for such hearings. II 2.04.02 Additional Information The Building and Zoning Department may require an applicant to furnish information and • data in addition to that contained or required in the application forms prescribed. Unless an adequate environmental statement has previously been prepared for the I proposed I development by another agency, the City's Environmental Review committee shall cause to be prepared such a statement, prior to granting a permit, when the State Environmental Policy Act of 1971, would require such a statement. 2.04.03 Administrative Standards In addition to the criteria herein above set forth in this Section, the Policy Development Department may from time-to-time promulgate additional procedures or criteria'and such shall become effective, when reduced to writing, and filed with the City Clerk and as I approved by the City Council and the Department of Ecology. Ih ' • I , ' I I 8 2.05 APPLICATION TO THE PERMIT SYSTEM TO DEVELOPMENT UNDERTAKEN PRIOR TO JUNE 1, 1971 2.05.01 ' Permit Required Substantial development undertaken on the shorelines of the City, prior to June 1, 1971, shall not require a permit except under the following circumstances: A. Where the activity was unlawful prior to June 1, 1971. • B. Where there has been an unreasonable period of dormancy in the project between its inception and June 1, 1971. C. Where the development is not completed prior to June 1, 1973. D. Where development occurred prior to June 1, 1971, on a. shoreline and continued onto a different lake, river or tributary after. June 1, 1971, a permit_shall be required for the substantial development undertaken after June 1, 1971. 2.05.02 Phasing Substantial development undertaken prior to June 1, 1971, shall not continue without a permit until other phases that were not an integral part of the development being followed at the time construction commenced. 2.06I,' TIME REQUIREMENTS FOR SUBSTANTIAL DEVELOPMENT PERMITS 2.06!01 Construction Commencement Construction of a project for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years after the approval of the permit by the City, or the permit shall terminate. If such progress has not been made, a new permit shall be necessary. [WAC 173-14-060(1)] 2.06'02 Construction Completion A permit authorizing construction shall extend for a term of no more than five (5) years; provided, however, that a project for which a permit has been granted has not been completed within five (5) years after the approval of the permit, the Building and Zoning Department shall, upon such expiration, review the permit and upon a showing of good • cause, may extend the permit for a period of up to one (1) year. Otherwise said permit shall terminate provided, however, that no permit shall be extended unless the applicant has requested such review and extension prior to the expiration date of said permit. [WAC 173-14-060(2)] 2.06.03 Review Period No construction pursuant to such permit shall begin or be authorized and no building, grading or other construction permits or use permits shall be issued by the City until thirty (30) days from the date of final approval and granting of the permit, or until all review proceedings are completed as were initiated within the thirty (30) days of the date of final approval by the City of Renton. 9 2.06.04 Transferability of Permit If a parcel which has a valid substantial development permit is sold to another person or firm, such permit may be transferred to the new owner upon proper application to the Building and Zoning Department. The Building and Zoning Department may transfer said permit provided there will be no change in thie proposed development. 2.07 RULINGS TO STATE Any ruling on an application for a substantial development permit under authority of this Master Program, whether it is an approval or denial, shall, with the transmittal of the ruling to Ithe applicant, be filed concurrently with the Department of Ecology and the Attorney General by the Building and Zoning Department. 2.08 II ENFORCEMENT All provisions of this Master Program shall be enforced by the Building and Zoning Department. For such purposes, the Building and Zoning Director or his duly authorized representative shall have the power of a police officer. 2.09 RESCISSION OF PERMITS 2.09.01 Non-compliance with Permit II II'I Any substantial development permit issued by the City under the terms of this Master Program may be rescinded or suspended by the Building and Zoning Department of the City upon a finding that a permittee has not complied with conditions of the permit. If the holder of the permit chooses, he shall be entitled to a hearing before the Land Use Hearing Examiner. 2.09.02 Notice of Non-compliance Such rescission and/or modification of an issued permit shall be initiated by serving written notice of non-compliance on the permittee, which notice shall be sent by registered or certified mail, return receipt requested, to the address listed on the application or to such other address as the applicant or permittee may have advised the City; or such notice may be served on the applicant or permittee in person or hie agent lin the same manner as service of summons as provided by law. 1 2.09.03 V�G Posting Zoning In addition to such notice, the Building and Department shall cause to have notice posted in three (3) public places of which one (1) posting shall be at or within,the area described in the permit. 2.09.04,1l Public Hearing Before any such permit can be rescinded or modified, a public hearing may be held at the permittee's written request by the Land Use Hearing Examiner. Such written request must be made by said permittee not later than 14 calendar days following service of notice upon permittee. 10 2.09.05 Final Decision The decision of the Land Use Hearing Examiner shall be the final decision 'of the City on all applications. A written decision shall be transmitted to the Department of Ecology, the Attorney General's office, the applicant, and such other departments or boards of the City as are affected thereby and the legislative body of the City. 2.10 APPEALS Any person aggrieved by the granting or denying of a substantial development permit, a conditional use permit and/or a variance on shorelines of the City, or by the rescinding of a permit pursuant to the provisions of this Master Program, may seek review from the State of Washington Shorelines Hearing Board. Appeals of decisions by the Land Use Hearing Examiner must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request for the same within thirty (30) days of receipt of the final order and by concurrently filing copies of such request with the Department of Ecology and the Attorney General's office as provided in Section 18(1) of the Shorelines Management Act of 1971. A copy of any such appeal notice shall likewise be filed with the Planning/Building/Public Works Department and the City Clerk of the City of Renton. 2.11 PENALTIES 2.11.01 Prosecution Every person violating any of the provisions of this Master Program or the Shoreline Management Act of 1971, shall be punishable under conviction by a fine not exceeding five hundred ($500) dollars, or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment, and each day's violation shall constitute a separate punishable offense. 2.11.02 Injunction The City Attorney may bring such injunctive, declaratory or other actions as are necessary to insure that no uses are made of the shorelines within the City in conflict with the provisions and programs of this Master Program or the Shoreline Management Act of 1971, and to otherwise enforce provisions of this Ordinance and the shoreline Management Act of 1971. 2.11.03 Public and Private Redress Any person subject to the regulatory program of this Master Program who violates any provision of this Master Program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The City Attorney may bring suit for damages under this subsection on behalf of the City. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the Court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the Court in its discretion may award attorney's fees and costs of the suit to the prevailing party. 11 I , 2.12 '; AMENDMENTS The City shall review this Master Program every four (4) years hereafter, or,sooner if necessary. Any amendments to this Master Program shall be reviewed first by the Planning Commission, which shall conduct at least one (1) public hearing on the proposed amendment. The Planning Commission shall make a recommendation to the City Council, which may hold at least one (1) public hearing before making . a determination. Any proposed amendment shall be submitted to the Department .of Ecology for approval in accordance with Section 19 of the Shoreline.Management Act,of 1971. • • • li it 12 SECTION 3 - SHORELINES OF THE CITY 3.01 Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act of 1971. By State standards, the Green River and Lake Washington are classified as Shorelines of State-wide Significance, and comprise approximately 5.8 miles of the shorelines of the City of Renton. In addition, the shorelines of the Cedar River, Black River, Springbrook Creek, and May Creek are shorelines within the City. These 18 miles of shoreline in the City of Renton are considered an extremely valuable resource not only to the City of Renton, but also to the State Metropolitan Area of which Renton is an integral part. 3.02 Each shoreline has its own unique qualities which makes it valuable and preference is, therefore, given to the following uses in descending order of priority (as established by Chapter 90.5.020 RCW): 1. Recognize and protect the state-wide interest over local interest for shorelines of state-wide significance. 2. Preserve the natural character of the shorelines. 3. Result in long-term over short-term benefits. 4. Protect the resources and ecology of the shorelines. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public in the shoreline. 3.03 In the City of Renton, the following bodies of water are regulated by the Act: 1. Cedar River. 2. Green River. 3. Lake Washington. 4. May Creek from the intersection of May Creek and N.E. 31st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM downstream in a northeasterly direction to its mouth at Lake Washington. 5. Springbrook Creek from the Black River on the north to S.W. 43rd Street on the south. 6. Black River. The above information is illustrated in Figure 3-1. 3.04 The Jurisdiction of this Master Program includes shorelines and wetlands as defined in Section 9. 13 • FIGURE 3-7 �� � •• ri, ,.,,..) ,,,,_/ , :. u... , , , . „ . f , i . • •.. LI . . — !� fl -- NAGE�E NT ,.__! L,)::-----i-.LI� ` 7cT I S7 1.44ALA „----r,__Lzt--,, .,:)- 3-- --.--- ------ ---' j ; 1 MAY_ • ' 1 r ! . 1 .,:.:K_ .. : 1 1 cRE�x i • • LAKE \. ,-- 1 ' i WASHINGTON — = „ --- — - 1.• • ► �—, , 111 _ r \, 1 I1I1� . �I11 • Riiiii. 4tv. - , . \ ,:p_ii • i ��-� 15 �� \ r-,rnl l 1' u I i r , l 11, , , . v_ . 3 _ I f ,-� I � .; t\ 1) tip 1�. `. i i 11 .. TAU �J = • I Jj f ( L_=ci =' -1 741:/ LACK•' Li i I /� CEDAR , - 1-=-- <: 3\\ i VER._ . 1r I. II 1 1 1 1 1 RI VE.R . rimi I . I 1 r-f—,, — I .�� I r r-j�,,.., , : . . • . i \_, I , , 2\ v S?RINGBROOK= I ' - -� ' ' 1 I` 11' L } , I CREEK - itIti k: =. bk I III I I K-) • , 's 1 1 ;�! Il I I f \I 1 I 1t'A (1[�j� I 1 1 , ri....a1c 1 L--' r I �-1 , 1t �-"in: . . .._ . 1? . _ - 1 ' ) 1 , 7' 1 i I. ii 'Hs. . , 1, 1 1:' ! LL- ."1-r--- 11112-4\7-:. . '' -7::_-.. " 1 I : am- I- I r • i\LI . 11 ) i .'idl\ /7-I : iL i\-1H _El GREEN I Ii Li I, 'ft ' r I �'' . _i+ RIVER T111"7: —--------i •. ! I '`,,�` i-- , y l I ti II ` �_ I i 1 I. �,.LaE • %! J I a I U - i I � 1 ' , f • . f II I I 1 i C 1 1 1 � ! i I _ J i s---i 42 1 I � �'► r SECTION 4. GOALS AND POLICIES 4.01 SHORELINE USES AND ACTIVITIES ELEMENT 4.01.01 Goals: A. Shorelines of the City are to be planned and coordinated to afford best use of the limited water resource. B. Shorelines of the City are to provide natural amenities within an urban environment. 4.01.02 Policies: A Reasonable and appropriate shoreline uses and activities should be planned for: 1. Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. 2. Preference should be given to those uses or activities which enhance the natural amenities of the shorelines and which depend on a shorelines location or provide public access to the shorelines. 3. Planning, zoning, capital improvements and other policy and regulatory standards should not increase the density of intensity of shoreline uses or activities except on a demonstrated need considering the shorelines and then only in accordance with the policies contained herein. 4. Plans should be developed for shorelines particularly suited for water- dependent uses or activities. 5. Multiple use of shorelines should be planned where 'location and integration of compatible uses or activities are feasible. 6. Aesthetic considerations should be encouraged when contemplating new development, extensive redevelopment of existing facilities or for general enhancement of shoreline areas. 7. Shoreline uses and activities should be discouraged if they are objectionable due to noise or odor or if they create offensive or unsafe conditions in relation to reasonable and appropriate uses and activities. • B Those shoreline uses or activities which are not water related should -be encouraged to relocate away from the shoreline. , C. All shoreline developments shall be designed and constructed to protect the rights • and privacy of adjacent property owners. is 14 4.02 CONSERVATION ELEMENT 4.02.011; Goal: The resources and amenities of all shorelines situated in the City of Renton are to be protected and preserved for use and enjoyment by present and future generations. 4.02.021 Policies: A. - Existing natural resources should be conserved. 1. Water quality and water flow should be maintained at a level to permit recreational use, to provide a suitable habitat for desirable forms of aquatic life, and to satisfy other required human needs. 2. Aquatic habitats and spawning grounds should be protected, improved and, if feasible, increased. 3. Wildlife habitats should be protected, improved and, if feasible, increased. 4. Unique natural areas should be designated and maintained as open space for passive forms of recreation. Access and use should be restricted, if necessary, for the conservation of these areas. B. Existing and future activities on all shorelines and wetlands within the City of Renton should be designed to minimize adverse effects on the environment. C. The Cityof Renton should take aggressive action with responsible overnmental g9 P governmental agencies to assure that discharges from all drainage basins are considered an integral part of shoreline planning. 1. Soil erosion and sedimentation which adversely affect any shoreline within the City of Renton will be prevented or controlled. 2. The contamination of existing water courses will be prevented or it controlled. D. Shoreline areas having historical, cultural, educational or scientific value should be identified and protected. 1.. Public and private cooperation should be encouraged in site preservation • and protection. 2. Suspected or newly discovered sites should be kept free from intrusions for a reasonable time until their value is determined. E. Festivals and temporary.,uses involving public interest and not substantially or permanently impairing water quality, water flow or unique and fragile areas may • permitted per Chapter 5-21 of the Renton Municipal Code. 15 F. All further development of the shorelines of May Creek east of FAI-405, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405, and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31 st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the'vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be left in an undeveloped natural state as much as possible. 4.03 ECONOMIC ELEMENT _ 4.0101 Goal: Existing economic uses and activities on the shorelines are to be recognized and economic uses or activities that are water related are to be encouraged. 4.0102 Policies: A. Economic uses and activities which are not water related should be discouraged. In those instances where such uses or activities are permitted, reasonable public access to and along the water's edge should be provided. B. Future economic uses and activities should utilize the shoreline in an efficient manner. 1. Economic uses and activities should minimize and cluster that water- related portion of their development along the shoreline and place inland all facilities which do not require a water's edge location. 2. The length, width, and height of over-water structures should be limited.to the smallest reasonable dimensions. 3. Shoreline developments should be designed to enhance the scenic view. C. Multiple use of economic developments on the shoreline should be encouraged to provide public recreational opportunities wherever feasible. D. Shoreline facilities for the moorage and servicing of boats and other vessels should be prohibited in single family zoned areas wherever feasible. 1. Commercial dockings and marinas shall meet all health standards. 2. Marinas and other economic activities shall be required to contain and clean up spills or discharges of pollutants associated with boating activities. E. The expansion of log raft storage on Lake Washington should be discouraged. F. Containment or mitigation of pollutants shall be required1of all economic activities on the shoreline by property owner and/or operator. i I 16 4.04 (I, PUBLIC ACCESS ELEMENT 4.04.01 Goal: Increase public accessibility to shorelines, and preserve and improve the natural amenities. 4.04.02 Policies: • • A. Public access should recognize and be consistent with legal property rigF is of the owner. 1 B. Just compensation shall be provided to property owners for land acquired for public use. C. Public access to and along the water's edge should be consistent with public safety and preservation/conservation of the natural amenities. D. Public access to and along the water's edge should be available throughout publicly owned shoreline areas. I E. Public access from public streets shall be made available over public property or by easement. F. Future multi-family, planned unit developments, subdivisions, commercial and P industrial developments shall be encouraged to provide public access along the water's edge. G. Private access to the publicly owned shoreline corridor shall not be denied to owners of property contiguous to said corridor. H. When making extensive modifications or extensions to existing structures, multi- family, planned unit development, subdivision, commercial and lindustrial developers should be encouraged to provide for public access to and along the water's edge if physically feasible. I. High-rise structures on the shoreline shall be prohibited, but could be permitted adjacent to the shoreline if: 1. Views of the shoreline would not be substantially obstructed due to topographic p graphic conditions, and 2. Some overriding considerations of the public interest would be served. Shoreline low-rise development should provide substantial grade level views of the water from public shoreline roads running generally parallel to the water's ledge. J. Both passive and active public areas shall be designed and provided. K. In order to encourage public use of the shoreline corridor, public parking,shall be provided at frequent locations. 17 I I L. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline areas to which public access is provided, including the trail system. M. In planning for public access, emphasis, should be placed on foot and bicycle paths rather than roads, except in areas where public boat launching would be desirable. 4.05 i! RECREATION ELEMENT 4.05.01 Goal: Water-related recreational activities available to the public are to be encouraged. I I 4.05.02 Policies: • A. Water-related recreational activities should be encouraged. _ 1. Accessibility to the water's edge should be improved. 2. Shoreline park areas should be increased in size and number. 3. Areas for specialized recreation should be developed. I! j 4. Both passive and active recreational areas shall be provided. ' B. Recreational fishing should be supported, maintained and increased. C. Public agencies should be encouraged to buy shoreland, as it becomes available for sale, based upon an established plan declaring public intent. D. Local jurisdictions should join in a cooperative effort to expand recreational opportunities through programs of acquisition, development, and maintenance of waterfront areas. E. Subject to state and federal regulations, the water's depth may be changed to foster recreational aspects. i I 4.06 CIRCULATION ELEMENT I' I 4.06. '1 ! Goal: Minimize motor vehicular traffic and encourage pedestrian traffic within the shorelines. 4.06.02 Policies: A. Shoreline roadways should be scenic boulevards where possible and should be restricted to existing rights-of-way. • B. Public transportation should be encouraged to facilitate access to shoreline recreation areas. C. Pedestrian and bicycle pathways, including provisions for maintenance, operation and security, should be developed. 1. Access points to and along the shoreline should be linked by pedestrian and bicycle pathways. li . 18 it , 2. Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards within the shorelines. I, 3. Separate pedestrian and bicycle pathways should be included ih publicly financed transportation systems or rights-of-way, consistent with public interest and safety. D. Commercial boating operations, other than marinas, should be discouraged, but if permitted, should be limited to commercial and industrial areas. 4.07 RESIDENTIAL ELEMENT 4.07.01 ! Goal: Existing residential uses are to be recognized, but future residential development should optimize regulated public access to and along' the shorelines consistent with legal property rights of the owner. 4.07.02 Policies: A. Residential uses over water shall not be permitted. 11 I I B. Residential development should not be constructed in unique and fragile lareas. C. New residential developments along or impinging upon the shoreline should be permitted only where sanitary sewer facilities are available. D. Residential structures near the shorelines shall be set back from the wat1er's edge at least twenty (20) feet. E. Future shoreline subdivision and planned unit developments (P.U.D) should provide regulated public access to and/or along the water's edge. F. Low density development should be encouraged in future residential developments along the shoreline. j G. New residential developments should optimize utilization of open space areas. H. All further development on the shorelines of May Creek east of FAI-4051 and that 11 portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting, the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1. Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline. 2. The existing waterway of May Creek east of FAI-405 and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be left in an undeveloped state as much as possible. 19 • ii if !{ ji SECTION 5. ENVIRONMENTS 5.01 11 THREE ENVIRONMENTS Three environments, Natural, Conservancy, and Urban, shall be designated to provide a ii uniform basis to apply policies and use regulations within distinctively different shoreline !, areas. The environmental designation to be given any specific area shall; be based on :i the existing development pattern, the biophysical capabilities and limitations of the area being considered for development and the goals and aspirations of local citizenry. i' Shorelines have been categorized according, to the natural characteristics and. use 'i regulations have been designated herein. 5.02 ii NATURAL ENVIRONMENT 5.02.01 Designation of the Natural Environment: ' A. Obiective: The objective in designating a Natural environment is to protect and .1 preserve unique and fragile shoreline or wetland environments in, their natural I state. The Natural environment is intended to provide areas of wildlife sanctuary ,, and habitat preservation. 11 B. Areas to be Designated as a Natural Environment: - , 1. Areas that are unique or fragile. ii - 2. Floodways areas. l !I C. Acceptable Activities and Uses: • The only human activity, that is acceptable is for 'I floodway drainage or storage. All other human activities including recreation are !I considered inappropriate. 5.02!02 Designation of the Natural Areas: ji The City of Renton recognizes that preservation of Natural shoreline areas can only be 1 1 assured through public acquisition. Therefore, where private development is proposed in areas so designated, the City shall require dedication as necessary for flood storage. 11 5.02.03 Jurisdiction: !. i That portion of.the north bank of the Black River lying west Of its confluence with Springbrook Creek, shall be designated Natural (see figure 5-1). 5.03 ii CONSERVANCY ENVIRONMENT II 5.03.101 Designation of the Conservancy Environment: II ;! A. Objective: The objective in designating a Conservancy environment is to protect, 11 conserve, and manage existing areas with irreplaceable natural or aesthetic ! features in essentially their native state, while providing for limited use of,the area. ! , The Conservancy environment is intended to provide la pleasant break in the ,, surrounding urban community. This environment shall seek to satisfy a portion of the present and future needs of Renton. I 1 20 'i l• i • f B. Areas to be Designated as a Conservancy Environment: 1. Areas of high scenic value. 2. Valuable areas for wildlife habitat. 3. Hazardous slope areas. 4. Flood-prone areas. 5. Areas which cannot provide adequate utilities for intense development. ' 6. Areas with unique or fragile features. 1. C. Acceptable Activities and Uses: Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area. Uses that are to be predominant in,a Conservancy environment are low density residential, passive agricult mural uses such as pasture or range lands, and passive outdoor recreation. 11 5.03.02 Use Regulations in the Conservancy Environment: A. Commercial Uses: Commercial uses shall be limited to home occupations, which shall be contained wholly within the dwelling unit. B. Fish and Game Reserve and Breeding Operations: Any such activity l shall be allowed only by the Land Use Hearing Examiner. i C. Industrial Uses: All industrial activities are prohibited in a Conservancy environment. ii i D. Recreation Use: In the Conservancy environment, recreation uses shall be limited to passive recreation. 1. Permitted Uses: (a) Public hiking and bicycle trails. (b) Non-motorized public fishing. (c) Public wading and swimming spots. (d) Public areas for nature study. (e) Public picnic areas. 2. Uses Allowed by Hearing Examiner: (a) Public overnight camping areas. E. Residential Uses: 1. Permitted Uses: Low-density single family residences. • 2. Prohibited Uses: Multi-family residences of two (2) units or more. F. Utilities: 1. Local Service Utilities: The necessary local service utilities k�shall l e permitted for approved activities and uses within the Conservancy environment and shall be underground per City code requirements. 2. Major Utilities: Major utilities may be allowed only by approval of;the Land Use Hearing Examiner and only if they cross the conservancy area in the shortest feasible route. i 21 • i' 5.03.03 Jurisdiction That portion of May Creek east,of FAI-405 and that portion of the south bank of the , Cedar River, 2,500 feet east of FAI=405, and that portion of Springbrook Creek beginning ' from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area, and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank ' shall be designated conservancy (see figure 5-1). 5.04 ,, URBAN.ENVIRONMENT ' 5.04.01 Designation of the Urban Environment: A. Objective: The objective of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. B. High-intensity Land Uses: The Urban environment is an area of, high-intensity land use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city, but is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate intensive urban expansion. On certain shorelines planned for future urban expansion, there should be limitations based on the physical aspects of the site. C. Water-dependent Activities: Because shorelines suitable for urban uses are a limited resource, emphasis shall be given to development within already developed areas and particularly to water-dependent industrial and commercial uses requiring frontage on shorelines. D. Public Access: In.this Master Program, priority is also given to planning for public visual and physical access to water in the Urban environment. Identifying needs and planning for the acquisition of urban land for permanent public',access to the water in the Urban environment shall be accomplished through the Master Program. To enhance waterfront and ensure maximum public use, industrial and commercial facilities shall be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to non- motorized transportation routes such as bicycles and hiking paths. 5.04.02 Use Regulations in the Urban Environment: All uses shall be allowed as indicated by Section 7 of the Master Program. 5.04.03 Jurisdiction All shorelines of the City not designated as Conservancy or Natural are designated as Urban (see figure 5-1). 22 � I . . --=_-_-y, , . I ' 7- - 1 1 1 .- _ _ _ - 1 , ‘ • , . . . • , 1 • _. , , _ri- -1-70-—. I}---4.:--\-- • } . ,)\, I I 1----\:.-it .9D4 /j (1 _ . _____=J11 Kro • 1 ..... r S • • - I ! ?il •t • • ' — ril _ , ___ —,, —tiui , I — 7-1 •. , 1 _______ ii ;Fa- ,- .., Li. . , —m_ --_,.) ) 1—Lij -I • j''', . • / ..` _ __ ____I L II— I t/t---- __Ii—,„_)- .1---/ .P .- - ,,--:.:-.H. 7 [11 \ i-- .... I ' - . .....tiL I I ______:.--.._-_-__„---fr)-- -1 fa- g-7:---idoi._a:,.--al. 11 - cc 4Pi lir"..... _ ih.... OM ,ar (..)•CC.. i•I•e9` . Ilt PlcW‘i: �Z-11:'.3. ---! AI - J--• -•:. `c LT, Pr 4/ iVil—±-1Sv--- -9?-: :.:-•:4 24 .• .••• • . ,W -• +.- ;! • •-1i i • .- q Ui I- 1.1_li_1111.-- -1 -4; . _Z.1.7.-410,...,....[I 1 itt4rik ja A ii _5_ N:- i. ,..•...,---0•J.-:•-•—_•3•- -� - _ l-r- -r- - 3. l - _ _ 1 1 _ 1, -- e",t4t,-7 - 4, . 2 : . . >-. .. __,.L:• • ...........__ , ,,. — x ` ,1T — --- i —. I [L. i T — —_ fiJ 2 . 2 .10 w 0zr— - z -qi c20 \ - - _— 1. . > J. , z • •,,, , •-y ,I T----1 CC • 2 . —1 y) : .f .1 LTI:- -„ (r) i\ . Int Os 2 ui a. ' 1F•1±-==, .---, i " ", i 9: .. . ; • > n- IT. 0 . <• In D • / _ F —.... -1--• it• .• . ,....:.- • 4 0 LI i. , cc -017-2---: 1-.- - __ .i. _ ,K • _ __it _..4,., .7 - '7 Mnt 4-m:n _ . . W Ar._____:, • SECTION 6. GENERAL USE REGULATIONS • 6.01 APPLICABILITY This section shall apply to all Shoreline uses whenever applicable. Items included here will not necessarily be repeated in Section 7, Specific Use Regulations, and shall be used in the evaluation of all permits. 6.02 ENVIRONMENTAL EFFECTS 6.02.01 Pollution and Ecological Disruption The potential effects on water quality, water and land vegetation, water life and other wild life (including, for example, spawning areas, migration and circulation habits, natural habitats, and feeding), soil quality. and all other environmental aspects must be considered in the design plans for any activity or facility which may have detrimental effects on the environment. 6.02.02 Burden on Applicant Applicants for permits must explain the methods that will be used to abate, avoid or otherwise control the harmful effects. 6.02.03 Erosion Erosion is to be controlled through the use of vegetation rather than structural means where feasible. , 6.02.04 Geology Important geological factors - such as possible slide areas - on a site must be considered. Whatever activity is planned under the application for the development permit must be safe and appropriate in view of the geological factors prevailing. 6.03 ' USE COMPATIBILITY AND AESTHETIC EFFECTS 6.03.01 The potential impact of any of the following on adjacent, nearby, and possibly distant land and shoreline users shall be considered in the design plans and efforts made to avoid or minimize detrimental aspects: A. View Obstruction: Buildings, smokestacks, machinery, fences, piers, poles, wires, signs, lights, and other structures. B. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities. C. Design Theme: Architectural styles, exterior designs, landscaping patterns and other aspects of the overall design of a site shall be a uniform or coordinated design, planned for the purpose of visual enhancement as well as for serving a useful purpose. 23 GI D. Visually Unpleasant Areas: Landscaped screening shall be used to hide from public view any area that may impinge upon the visual quality' of a,, site, for example, disposal bins, storage yards, and outdoor work areas. E. Outdoor Activities: Work areas, storage, and other activities on a site in a residential area shall be in enclosed buildings, as is reasonably possible, to reduce distractions and other effects on surrounding areas. Outdoor activities of commercial and industrial operations shall be limited to those necessary for the 11 operation of the enterprise. Outdoor areas shall not be used,for storage of more than minimal amounts of equipment, parts, materials, products, or other objects. 6.04 I PUBLIC ACCESS 6.04.01 Where possible, space and right-of-way shall be left available on the immediate shoreli e so that trails, non-motorized bike paths, and/or other means of public use, may be developed providing greater shoreline utilization. 6.04.02 '. Any trail system shall be designed to avoid conflict with private residential property rights. 6.04.03 I No property shall be acquired for public use without just compensation to the owner. 6.05 FACILITY ARRANGEMENT- SHORELINE ORIENTATION 6.05.01 I Where feasible, shoreline developments shall minimize and cluster the water-dependent portion of their developments along the shoreline and place inland all facilities which do not require a water's edge location. 6.06 LANDSCAPING 6.06.01 General The natural and proposed landscaping should' be representative of the indigenous character of the specific,types of waterway (stream, lake edge, marshland) and shall be compatible with the Northwest image. The scenic, aesthetic, and ecological qualities of natural and developed shorelines should be recognized and preserved as ;valuable resources. 6.07 1' UNIQUE AND FRAGILE AREAS Unique features and wildlife habitats should be preserved and incorporated into the site. Fragile areas shall be protected from development and encroachment. 24 • SECTION 7. SPECIFIC USE REGULATIONS 7.01 AIRPORT- SEAPLANE BASES 7.01.01 Location A. Airports: A new airport shall not be allowed to locate within the shoreline. However, an airport already located within a shoreline shall be' permitted to upgrade and expand its facilities provided such upgrading and expansion would not have a detrimental effect on the shoreline. B. Seaplane Bases: • 1. Private: A single private seaplane is permitted per residence. 2. Commercial: New,commercial seaplane bases may.be allowed in industrial areas provided such bases are not contiguous to residential areas. • 7.01.02 Facilities A. Airports 1. Future hangars should be set back a minimum of twenty feet from the water's edge and shall be designed and spaced to allow viewing of airport activities from the area along the water's'edge. 2. Tie-down areas should be no closer than twenty (20) feet from the water's edge for aircraft. B. Seaplane Bases (Commercial) 1. Docks for the mooring of seaplanes are permitted. Seaplanes may be stored on the dock or ramps. 2. Tie down areas may be provided on seaplane ramps. 7.01.03 Landscaping A. Landscaping shall be required around parking areas in accordance with City ordinances. B. The landscaping shall be compatible with the activities and characteristics of aircraft in that it should be wind resistant, low profile, and able to survive under adverse conditions. 7.01.04 Services _ • Services or aircraft shall conform to FAA standards, which include fuel, oil 'spill clean-up, safety and fire fighting equipment, and vehicle and pedestrian separation. 25 7.02 AQUACULTURE. 7.02.01 Location A. Aquaculture operations may be located on streams and rivers, EXCEPT in Natural and Conservancy environments [WAC 173-16-060(2)], and along urban areas developed with residential uses. 7.02.02 .I Time • Facilities shall be allowed on a temporary basis only. 7.02.03 Design and Construction A. All structures over or in the water shall meet the following restrictions: 11 1. They shall be securely fastened to the shore. 2. They shall be designed for a minimum of interference with the natural systems of the waterway including, for example, water flow and quality, fish circulation, and aquatic plant life. 3. Theyshould notprohibit or restrict other human uses of the water such as �, swimming and/or boating. 4. They shall be set back appropriate distances from other shoreline uses,, if potential conflicts exist. 7.03 BOAT-LAUNCHING RAMPS 7.03.01 I Site Appropriateness and Characteristics A. Water and Shore Characteristics 1. Water depth should be deep enough off the shore to allow use by!boats. 2. Water currents and movement and normal wave action shall be suitable for ramp activity. B. Topography: The proposed area should not present major geological 'or topographical obstacles to construction or operation of the ramp. Site adaptation such as dredging shall be minimized. 7.03.02 Dimensions and Location The ramp should be designed so as to allow for ease of access to the water with minimal impact on the shoreline and water surface. 7.03.03 Surface and Construction A. Surface Materials: The surface of the ramp may be concrete, precast concrete, or other hard permanent substance. Loose materials, such as gravel or cinders, will not be used. The material chosen shall be appropriate considering thefollowing conditions: 1. Soil characteristics 2. Erosion 26 , I ' 3., Water currents 4. Waterfront conditions 5. Usage of the ramp B. The material shall be permanent and non-contaminating to the water. 7.03iO4 Review I; I Engineering design and site location approval shall be obtained from the appropriate City department. 7.04i BULKHEADS 7.04.01 General All bulkheads are subject to the regulations set forth in this Master Program, except that bulkheads common to a single family residence are exempted from the permit system set forth in this Master Program and building code. • 7.04!02 ! Bulkhead Permitted A bulkhead may be,permitted only when: A. Required to protect upland areas or facilities. B. Riprap cannot provide the necessary protection. C. The bulkhead design has been engineered by an appropriately State licensed professional engineer, and the design has been approved by the Renton Department of Public Works. 7.04J03 Bulkhead and Fill A bulkhead for the purpose of creating land by filling behind the bulkhead shall be permitted onlywhen the landfill has been approved. The application for a bulkhead shall • PP PP. "be included in the application for the landfill in this case. (See Section 7.08!01, Landfills) 7.04 J04 General Design Requirements A. The burden rests upon the applicant for the permit to propose a specific type of bulkhead design which has been engineered by an appropriately State licensed professional engineer. ii B. " All approved bulkheads are to be constructed in such a'manner as to minimize damage to fish and shell fish habitat. In evaluating the application for a proposed bulkhead, the Building and Zoning Department and the Policy Development Department are to consider the effect of the bulkheads on public access to publicly owned shorelines. Where possible, bulkheads are to be designed so as not to detract from the aesthetic qualities of the shorelineJ I , jj I i 27 i I' 11 i C. Bulkheads are to be constructed in such a manner as to minimize alterations of I the natural shoreline and to minimize adverse effects on nearby beaches. D. In cases where bulkheading is permitted, scientific information suggests a rock riprap design is preferred. The cracks and openings in such a structure afford suitable habitats for certain forms of aquatic life. If there is determined to be i a severe rate population, consideration must be given to construction of 'a solid bulkhead to eliminate cracks and openings typical to a riprap structure. 7.05 COMMERCIAL DEVELOPMENTS 7.05.01 Location of Developments A. New commercial developments are to be encouraged to locate in those areas where current commercial uses exist. • B. New commercial developments on Lake Washington which are neither water dependent nor water related will not be permitted upon the shoreline. i C. Commercial developments should incorporate recreational opportunities lalong the I shoreline for the general public. D. The applicant for a shoreline development - permit for a new commercial development must indicate in his application the effect which the proposed commercial development will have upon the scenic view prevailing in the given area. Specifically, the applicant must state in his permit what steps have been taken in the design of the proposed commercial development to reduce to a minimum interference with the scenic view enjoyed by any significant number of people in the area. I i' 7.05.02 I Setback 1. 11 A commercial building should be located no closer than fifty (50) feet to the water's edge; I however, the Land Use Hearing Examiner may reduce this requirement for good reason , I for those structures that allow public access to and along the water's edge. 7.06 DREDGING 7.06.01 Definition 24 . The removal of earth or sediment from the bottom or banks of a body of water. 7.06.02 Permitted Dredging 1 i Dredging is to be permitted only when: A. Dredging is necessary for flood control purposes, if a definite flood hazard would i exist unless dredging were permitted. I 28 1 B. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life or recreational areas. C. Dredging is necessary to obtain additional water area so as to decrease the intrusion into the lake of a public, private or marina dock. This type of dredging may only be allowed if the following conditions are met: 1. The water of the dredged area shall not be stagnant or polluted. 2.' The water of the dredged area shall be capable of supporting aquatic life. D. Dredging may be permitted' where , necessary for the development and maintenance of public shoreline parks and of private shorelines to which the public is provided access. Dredging may be permitted where additional public access is provided and/or where there is anticipated to be a significant improvement to fish or wildlife habitat, provided there is no net reduction upon the surface waters of the lake. E. Dredging may be permitted to maintain water depth and navigability. 7.06.03 Prohibited Dredging A. Dredging is prohibited in unique or fragile areas (see Section 9.38). B. Dredging solely for the purpose of obtaining fill or construction material, which dredging is not directly related to those purposes permitted in Subparagraph .02 above, is prohibited. 7.06.04 Regulations on Permitted Dredging A. All proposed dredging operations shall be planned by an appropriate State licensed professional engineer. An approved engineering report shall be submitted to the Renton Building and Zoning Department as part of the application for a shoreline permit. B. The responsibility rests solely with the applicant to demonstrate the necessity, of the proposed dredging operation. C. The responsibility further rests with the applicant to demonstrate that there will be a minimal adverse effect on aquatic life and/or on recreational areas • D. The timing of any dredging operation shall be planned so that it has minimal impact or interference with fish migration. ' E. Adjacent bank protection: F 1. • When dredging bottom material of a body of water, the banks shall not be disturbed unless absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks. ' I I 29 • • . • 2. If it is absolutely necessary to disturb the adjacent banks for access to the _ dredging area, the responsibility rests with the applicant to propose and carry out a method of restoration of the disturbed area to a• condition minimizing erosion and siltation. F. Adjacent properties: i I 1. The responsibility rests with the applicant to demonstrate a method ;of eliminating or preventing conditions that may: 11 ri a. Create a nuisance to the public or nearby activity. b. Damage property in or near the area. i1 c. Cause substantial adverse effect to plant, animal, aquatic or human life in or near the area. 1 d. Endanger public safety in or near the area. ' i G. The applicant shall demonstrate a method to control contamination and, pollution to water, air, and ground. H. Disposal of dredged material: • 1. The applicant shall demonstrate a method of disposing of all dredged material. 2. In no instance shall dredged material be deposited in a lake or stream. 3. In no instance shall dredged material be stockpiled in a wetland area. 4. If the dredged material is contaminant or pollutant in nature, the applicant shall propose and carry out a method of disposal that does not contaminate or pollute water, air, or ground. I; I 7.07 INDUSTRIAL DEVELOPMENT ij • 7.07.01 Industrial developments are to be permitted only when: 1 .I j A. They are water related or they provide reasonable public access to and along the water's edge; and, • i B. .They minimize and cluster those water-related portions of their development along • the shoreline and place inland all facilities which are not water dependent; and, ' i. C. Any over-water portion is water dependent, is limited to the smallest reasonable dimensions, and is approved by the Land Use Hearing Examiner; and, ' 1 is D. They are designed in such manner as to enhance the scenic view; and, • i 1' E. It has been demonstrated in the permit application that a capability exists to con 1tain and clean up spills or discharges of pollutants associated with the industrial development. . 7.07.02 il Industrial structures should be permitted where they set back 25 feet from the water's edge. 11 30 7.08.01 Landfills shall be permitted in the following cases: A. For detached single family residential uses, when the property is located between two (2) existing bulkheads, the property may be filled to the line of conformity provided the fill does not exceed one hundred twenty-five (125) feet in length along the water's edge and thirty-five (35) feet into the water, and provided the provisions of Section 8.02.02 through 8.02.05 are satisfactorily met; or, B. When a bulkhead is built to protect the existing perimeter land, a landfill shall be approved to bring the contour up to the desired grade; or, C. When in a public use area, landfill would be advantageous to the general public; or, D. When repairs or modifications are required for existing bulkheads and fills; or, E. When landfill is required for flood control purposes; or, _ F. Justification for landfill for any other purpose than those listed in subsections A through E above will be allowed only with prior approval of the Land Use Hearing Examiner. 7.09 MARINAS 7.09.01 Marinas shall be permitted only when: A. Adequate on-site parking is available commensurate with the moorage facilities provided. (See 7.09.02(F) below) B. Adequate water area is available commensurate with the actual moorage facilities provided. C. The location of the moorage facilities is convenient to public roads. 7.09.02 Design Requirements A. Marinas are to be designed in the manner that will minimize adverse effects on fish and shell fish resources and be aesthetically compatible with adjacent areas. B. Marinas utilized to overnight and long-term moorage are not to be located in shallow-water embayments with poor flushing action. . C. Applications for permits for marina construction are to be evaluated for compliance with standards promulgated by federal, state, and local agencies. 31 • . 11 D. Marinas and other commercial boatingactivities are to be equipped with receptacles to receive and adequately dispose of sewage, waste, rubbish, and litter from patrons' boats. E. Applications for development permits for the construction of marinas must affirmatively indicate that the marina will be equipped to contain and clean up any spills or discharges of pollutants associated with boating activities. • • F. 1: Parking should be provided in accordance with the following ratio: private and public marinas: 2 per 3 slips; private marina associated with residential complex: 1 per 3 slips. 2. Special designated loading areas should be provided near piers in the amount of one (1) parking space per twenty-five (25) slips; all other parking areas are to be located one hundred (100) feet from the water's edge. 7.09.03 1 Location of Marinas 1' • A. Marinas shall be permitted only upon Lake Washington. Marinas must provide adequate access, parking, and surface water area in relation to the number of moorage spaces provided. 7.10 . • MINING 7.10.01 I,1 All mining, including surface mining, shall be prohibited. 7.10.02 Surface mining shall mean all or any part of the process involved in extraction of minerals 111 by removing the overburden and mining directly from the mineral deposit thereby ' exposed, including open pit mining of minerals naturally exposed at the surface of the earth, mining by the auger method, and production of surface mining refuse. The surface mining shall not include reasonable excavation or grading conducted for farming, on-site road construction, or on-site building construction. 7.11 PARKING • 7.11.01 i Public Parking • I, tl A. In order to encourage public use of the shoreline, public parking is to be:provided at frequent locations. B. Public parking facilities should be discouraged along the water's edge. I • C. Public parking facilities are to be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. 7.11.02 Private Parking A. Private parking facilities are to be located away from the water's edge where possible. , • 32 • 7.12 PIERS AND DOCKS 7.12.01 Purpose: A. Piers and docks shall be designed to minimize interference with the public use of the water surface and shoreline. B. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. C. The expansion of existing piers and docks is encouraged over the construction of new facilities. D. Establish approval and design criteria. 7.12.02 Allowable Construction A. Permits for the following construction of piers or docks will be allowed: 1. Piers and docks which provide for public recreational access and use or marinas. 2. Community piers and docks in new major waterfront subdivisions. 3. Piers and docks which are constructed for private joint use by two or more waterfront property owners: 4. Private single family residence piers and docks. 5. Water-dependent commercial and industrial uses. B. The responsibility rests upon the applicant to affirmatively demonstrate the need for the proposed pier or dock in his application for a permit. 7.12.03 Criteria for Approval of Docks and Piers ' The approval of a new dock or pier or a modification or extension of an existing dock or pier shall include a finding that the following criteria have been met: A. The dock or pier length does not extend beyond a length necessary to provide reasonable and safe moorage. B. The dock or pier does not interfere with the public use and enjoyment of the water nor create a hazard to navigation. C. The dock or pier will not result in the unreasonable interference with the use of adjacent docks and/or piers; and D. The dock or pier must comply with the design criteria specified in the following sections. 7.12.04 Design Criteria - General A. Pier Type 1. All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger, of significant 33 ' I , i damage to an ecosystem, where scenic values are high, and where one or more of the following conditions exist: I a. Extreme water depth, beyond the range of normal length piling. b. A soft bottom condition, providing little support for piling. i c. Ledge rock bottom that renders it not feasible to install piling. B. All piers and docks shall be constructed and maintained in a safe and sound condition. 11 C. Applicants for the new construction or extension of piers and docks or,the repair and maintenance of existing docks, shall use materials and methods which prevent toxic materials, petrochemicals and other pollutants from entering surface water during and after construction. 1 D. No fees or other compensation may be charged for use by nonresidents of piers or docks accessory to residences. 11 7.12.05 Design Criteria for Single-Family Docks and Piers ; ii A. There shall be no more than one pier per developed waterfront lot or ownership. li B. Dock Size Specifications 1. The following dock specifications shall be allowed: II a. The dock may extend to a maximum of eighty (80) feet beyond the 0 ordinary high-water line into the water or until a depth of twelve (12) feet below the mean low water mark, whichever is reached first. However, in no case shall a dock of less than fifty (50) feet in length by re uired. q 1 I b. The maximum width of a dock shall be eight (8) feet. it ;i c. No portion of a pier or dock for the sole use of a private, single- family residence may lie closer than five (5) feet to ant adjacent property line. , d. One extension of a dock parallel to the shoreline or one (1) float may be allowed provided such extension is not located closer that five (5) feet from a side lot line or exceed one hundred 100 s uare feet in size. • I C. Joint Use Piers and Docks 1. A Joint use dock may be constructed for two (2) contiguous waterfront properties and may be located on a side property line or straddling a side I, property line, common to both properties. , 2. A joint use ownership agreement or covenant shall be prepared with the appropriate signatures of the property owners in question and1irecorded with the King County Assessor's Office. A copy of the recorded agreement shall be provided to the City. Such document should specify ownership rights and maintenance provisions. 34 • 3. Dock Size Specifications a. Joint use docks and piers may extend to eighty (80) feet beyond the ordinary high-water mark or to a depth of twelve (12) feet, whichever is reached first. b. Joint use docks and piers may not exceed a maximum width of twelve (12) feet. • c. Joint use docks and piers may be allowed one (1) pier extension or float a maximum of one hundred fifty (150) square feet in size for each owner. li D.- Requests for greater dock length may only be submitted as specified below under Section 7.12.09 once an individual has failed to work with an adjacent property owner in establishing a joint use dock. 7.12:06 Design Criteria for Multi-Family Residence Docks A. Resident Moorage 1. Moorage at the docks shall be limited to residents or owner of the subdivision, apartments, condominiums or similar developments for which the dock was built. I• B. Maximum Number of Berthing Spaces 1. The ratio of moorage berths to residential units shall be one (1) berth for every two (2) dwelling units. C. Length of Multiple-Family Pier or Dock 1. Multiple-family piers and docks shall not exceed a length of one hundred eighty (180) feet into the water beyond the ordinary high-water mark, except as may be allowed under Section 7.12.10 of this section of the Master Program. 7.12107 Design Criteria for Recreational, Commercial and Industrial Docks A. The following dock specifications shall be allowed: 1. Unless otherwise determined or directed by any State agency having jurisdiction thereover, the dock may extend into the water one hundred fifty • (150) feet; if the depth of thirty (30) feet is not reached, the dock may be. - extended until a depth of thirty (30) feet is reached, provided the dock does not exceed two hundred fifty (250) feet. 2. The maximum width shall be twelve (12) feet. B. Docks shall be placed no closer than thirty (30) feet to a side property line. C. Docks or piers which are associated or linked with City 'trails shall be no greater than necessary to serve the intended purpose and will be determined by the City on a case-by-case basis. 35 7.12.08 Use of Buoys and Floats A. Where feasible, the use of buoys and floats for moorage, as permitted below under B of this Section, may be allowed as an alternative to the construction lof piers and docks. Such buoys and floats are to be placed as close to'shore as possible in order to minimize hazards to navigation, including reflectors for nighttime visibility. In no case shall a buoy be located further from the,shoreline than the allowable length for docks. B. Floats shall be allowed under the following conditions: 1. Floats shall be anchored to allow clear passage on all sides by small watercraft. 2. Floats shall not exceed a maximum of one hundred (100) square feet lin size. A float proposed for use between property owners may P P jointadjacentP P Y ; not exceed one hundred fifty square feet per residence. 3. A single-family residence may only have one (1) float. 4. Floats shall not exceed a length of fifty (50) feet into the water beyond the ordinary high water mark, except public recreation floats. 7.12.05 Variance to Dock and Pier Dimensions Requests for greater dock and pier dimensions than those specified above i may be submitted to the City's Land Use Hearing Examiner. Any greater dimension than those listed above may be allowed by the Land Use Hearing Examiner for good reason, which shall include, but is not limited to, conditions requiring greater dock dimensions. The Examiner, in approving a variance request, shall include a finding that a variance request compiles with: A. The criteria listed in Section 7.12.03 when approving such requests; and B. The criteria specified in Section 8.02 of the Master Program. 7.13 I RECREATION • 7.13.01 Definition: The refreshment of body and mind through forms.of play, amusement or relaxation. The • recreational experience may be active, such as boating, fishing, and swimming, or may hbe passive, such as enjoying the natural beauty of the shoreline or its wildlife. • 7.13.02 Public Recreation • II Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: A. cce wa ter's Accessibility to the water s edge is provided; and • B. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community; and 36 C. Just compensation is provided to the owner for property acquired for the public use; and D. It is designed to avoid conflicts with owner's legal property rights and create minimum detrimental impact on the adjoining property; and E. It provides parking spaces to handle the designed public use, and it will be designed to have a minimum impact on the environment. 7.13.03 Private Recreation Private recreational uses open to the public shall be permitted only when the following standards are met: A. There is reasonable public access to and along the water's edge if necessary to have access to such uses; and B. The primary proposed facility is water dependent; and C. The secondary proposed facilities are water oriented; and D. The proposed facility will have no significant detrimental effects on adjacent parcels; and - E. - Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. 7.14 RESIDENTIAL DEVELOPMENT 7.14.01 Residential developments shall be allowed only when: A. Adequate public utilities are available; and B. Residential structures are set back inland from the water's edge a minimum of twenty (20) feet; and C. Density shall not increase beyond the zoning density outlined in the Renton Urban Area Comprehensive Plan. 7.14.02 No floating residences are to be allowed. • 37 • 7.15 ROADS AND RAILROADS 7.15.011 Location A. Major highways, primary arterials, freeways, and railways are to be located away jl from shorelands, except in industrial areas, in order that shoreland roads may be reserved for slow-moving, recreational traffic. 7.15.02 Design Requirements A. Shoreline roadways should be scenic boulevards and are to be restricted to existing rights-of-way where possible. B. Roadways located in wetland areas should be limited and designed and NI maintained to prevent soil erosion and to permit natural movement of ground water. 11 C. All debris and other waste materials from construction are to be disposed of'in such a way as to prevent their entry by erosion into any water body. D. Road locations are to be planned to fit the topography, where possible, in order that minimum alteration of existing natural conditions will be necessary. 7.16 I STREAM ALTERATION 7.16.01 Definition: Stream alteration is the relocation or change in the flow of a river, stream or creek. A river, stream or creek is surface water runoff flowing in a natural or modified channel. 7.16.02 Prohibited Stream Alteration A. Stream alteration is prohibited in unique and fragile areas. B. Stream alteration solely for the purpose of enlarging the developable portion of a parcel oft, land or increasing the economic potential of a parcel of land is prohibited. C. Stream alteration is prohibited if it would be significantly detrimental to adjacent parcels. 7.16.03 Regulations on Stream Alteration A. All proposed stream alterations shall be designed by an appropriately State licensed professional engineer. The design shall be submitted to the Building and Zoning Department as part of the application. B. The responsibility rests solely with the applicant to demonstrate the necessity of the proposal. 11 38 C. The timing and the methods employed will have minimal .adverse effects on aquatic life. D. Pollution is to be minimized during and after construction. E. The project must be designed so that the low flow is maintained and the escapement of fish at low water is possible. j F. No permanent over-water cover or structure shall be allowed unless it is in the public interest. 7.17 !; TRAILS 7.17.01 Definition: .1 For the purposes of the Shoreline Master Program, trails are a non-motorized transportation route designed primarily for pedestrians and bicyclists. 7.17.02 Permitted Uses Trail uses shall be permitted within the shoreline, when the following standards are met: A. Provisions for maintenance operation and emergency access have been provided. B. They link water access points along the shoreline, or they link water access points along the shoreline with upland community facilities. C. They are designed to avoid conflict with private property rights and to create the minimum objectionable impact on adjacent property owners. D. Just compensation is provided to the owner for property to be acquired by the public. E. They insure the rights and privacy of the adjoining property owners. it F. Over-water structures required by the trails are determined to be in the public interest. G. They are designed with a surface material which will carry the actual user loads and will have a minimum impact on the environment. _ I } _ 39 I ' 7.18 UTILITIES • 7.18.01 Landscaping A. Native Vegetation 1. The native vegetation shall be maintained whenever possible. 2. When utility projects are completed in the water or wetland, the ;disturbed area shall be restored and landscaped as nearly as possible to the original • condition, unless new landscaping is determined to be more desirable. 1 B. All vegetation and screening shall be hardy enough to withstand the travel of service trucks and similar traffic in areas where such activity occurs. C. Site Screening of Public Utilities: When a public utility building, telephone exchange, sewage pumping operation or a public utility is built in the shoreline area, the requirements of this Master Program shall be met and the following screening requirements shall be met. If the requirements of Section 7.19.01A, Native Vegetation, and the requirements of this section are in disagreement, the requirements of this section shall take precedence. 1. If the installation is housed in a building, the building shall 'conform architecturally with the surrounding buildings and area or with the type of building that will develop due to the zoning district. it 2. An unhoused installation on the ground or a housed installation that does not conform with 1. above, shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five (5) years. 3. An unhoused installation of a dangerous nature, such as an electrical distribution substation, shall be enclosed with an eight (8) foot high open wire fence. Such installations shall be sight screened with evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier except at entrance gate(s), within five (5) years. • 7.18.02 'p Special Considerations for Pipelines Installation and operation of pipelines shall protect the natural conditions of adjacent water courses and shorelines. , A. Water quality is not to be degraded to the detriment of marine life nor shall water quality standards be violated. B. Native soils shall be protected from erosion and natural conditions restored. Water course banks and bottoms shall be protected, where necessary, with suitable surface treatment. C. Petro-chemical or toxic material pipelines shall have automatically controlled shutoff valves at each side of the water crossing. D. All petro-chemical or toxic material pipelines shall be constructed in accordance with the regulations of the Washington. State Transportation Commission and subject to review by the City Public Works Department. 40 7.18.93 Major Utilities - Specifications I A. Electrical Installations 1. Overhead High Voltage Power Lines a. Joint use docks and piers may extend to eighty (80) feet beyond the ordinary high-water mark or to a depth of twelve (12) feet, whichever is reached first. b. Structure of overhead power lines should be single-pole type or • other aesthetically compatible design. 2. Electrical Distribution Substations: Electrical distribution substations shall be at a wetland location only when the applicant proves there exists no other site out of the wetland area and when the screening requirements of Section 7.19.01 C are met. B. Communications: This section applies to telephone exchanges including radar transmission installations, receiving antennas for cable television and/or radio, and any other facility for the transmission of communication systems. Communications installations may be permitted in the shoreline area only when there exists no feasible site out of the shoreline and water area and when the screening requirements of Section 7.19.01 C are met. In an aesthetic interest, such installations shall be located as far as possible from residential, recreational, and commercial activities. C. Pipeline Utilities: All pipeline utilities shall be underground. When underground projects are completed on the bank of a water body or in the 'wetland or a shoreline, the disturbed area shall be restored to the original configuration. Underground utility installations shall be permitted only when the finished installation shall not impair the appearance of such areas. D. Public Access: All utility companies shall be asked to provide pedestrian public access to utility owned shorelines when such areas are not potentially hazardous to the public. Where utility rights-of-way are located near recreational or public use areas, utility companies shall be encouraged to provide said rights-of-way as parking or other public use areas for the adjacent public use area. E. All-inclusive Utility Corridor: When it is necessary for more than one (1) major utility to go along the same general route, the common use of a single utility right- of-way is strongly encouraged. It would be desirable to include railroad lines within this right-of-way also. li I , 41 II 7.18.04 Local Service Utilities, Specifications A. Waterlines: Sizes and specifications shall be determined by the Public Works Department in accordance with American Water Works Association (AWWA) guidelines. II B. Sanitary Sewer: The existence or use of outhouses or privies is prohibited. All uses shall hook to the municipal sewer system. There shall be no septic tanks or other on-site sewage disposal systems. Storm drainage and pollutant! drainage shall not enter the sanitary sewer system. During construction!, phases, commercial sanitary chemical toilets may be allowed only until proper plumbing facilities are completed. All sanitary sewer pipe sizes and materials shall be approved by the Renton Public Works Department and METRO. C. Storm Sewers: A storm sewer drainage system shall be required. Pre-treatment of storm run-off or diversion to sanitary sewers may be required I'to keep deleterious substances out of neighboring water courses. Storm sewer sizes and specifications shall be determined by the Public Works Department in accordance with A.P.W.A. guidelines. D. Discharges of Pollutants and Petroleum Products 1. Discharges of pollutants into water courses and ground water;shall be subject to the Department of Ecology, Corps of Engineers, and the Environmental Protection Agency for review of permits for discharge. 2. Oil Separations: These units shall be required at sites that havei'oil waste disposal into sanitary or storm sewer. These units shall be, built to Municipality of Metropolitan Seattle (METRO) or State of Washington Department of Public Health specifications. 3. Petroleum Bulk Storage and Distribution: Petroleum facilities shall hereafter not be allowed. 7.18.05 i All-inclusive Utility Tunnels I For the distribution of local utilities, utility tunnels under the street right-of-lway are recommended to carry all local utility services. For new development, the tunnel;could be I built at the time of road construction. The tunnel would include all utility services, both public and private, necessary for use in the public right-of-way, such as wiring ;for street lighting and water lines for fire hydrants and all utility services necessary for the private uses of the area. i I • 42 SECTION 8: VARIANCES AND CONDITIONAL USES 8.01 VARIANCES AND CONDITIONAL USE PERMITS The Renton Land Use Hearing Examiner shall have authority to grant conditional use permits and variances in the administration of the Renton Master Program. The power to grant variances and conditional use permits should be utilized in a manner which, while protecting the environment, will assure that a person will be able to utilize his property in a fair and equitable manner. It shall be recognized that a lawful use at.the time the Master Program is adopted is to be considered a permitted use, and maintenance and restoration shall not require a variance or a conditional use permit. Both variances and conditional use permits are forwarded to the Department of Ecology and the Attorney General's Office for approval or denial. 8.02 ; VARIANCES Upon proper application, a substantial development permit may be granted which is at variance with the criteria established in the Renton Master Program where, owing to special conditions pertaining to the specific piece of property, the literal interpretation and strict application of the' criteria established in the Renton Master Program would cause undue and unnecessary hardship or practical difficulties. The fact that 'the applicant might make a greater profit by using his property in a manner contrary to the intent of the Master Program is not, by itself, sufficient reason for a variance. The Land Use Hearing Examiner must find each of the following: 8.02.01 Exceptional or extraordinary circumstances or conditions applying to the subject property, or to the intended use thereof, that do not apply generally to other properties on ' shorelines in the same vicinity. 8.02.62 The variance permit is necessary for the preservation and enjoyment of ra substantial property right of the applicant possessed by the owners of other properties on shorelines in the same vicinity. 8.02.03 The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. 8.02.04 The variance granted will be in harmony with the general purpose and intent of this Master Program. 8.02.05 The public welfare and interest will be preserved; if more harm will be done to the area by granting the variance than would be done to the applicant by denying it, the variance will be denied, but each property owner shall be entitled to the reasonable use and development of his lands as long as such use and development is in harmony with the j general purpose and intent of the Shoreline Management Act of 1971, and the provisions of this Master Program. 43. 8.03 CONDITIONAL USE Upon proper application, a conditional use permit may be granted: The objective of.a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that,area. A conditional use permit will be granted subject to each of the following conditions: 11 1. 8.03.01 The use must be compatible with other permitted uses within that area. 8.03.02 The use will not interfere with the public use of public shorelines. 8.03.03 I Design of the site will be compatible with the surroundings and the City's Master Program. 8.03.04 ' The use shall be in harmony with the general purpose and intent of the City's Master Program. 8.04 I TIME LIMIT • Conditional permits and variances shall be deemed to be approved within thirty (30) calendar days from the date of receipt by the Department of Ecology and the;Attorney General's office unless written communication is received by the applicant and,the City 1 I indicating otherwise. Ip Ii i i • • I! • 44 • SECTION 9. DEFINITIONS For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section. Words in the singular include the plural and the plural, the singular. The words "shall" and "will" are mandatory; the word "may" is permissive. 9.01 ACT: The Shoreline Management Act of 1971, Chapter 90.58 RCW. 9.02 ' ACTIVITY: A happening associated with a use; the use of energy toward a specific action or pursuit. Examples of shoreline activities include but are not limited to fishing, swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of materials. Not all activities necessarily require a shoreline location. 9.03 AQUACULTURE: The culture or farming of aquatic animals and plants. 9.04 BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the water which allows launching of boats directly into the water from trailers. 9.05 BREAKWATER: A protective structure, usually built off-shore for the purpose of protecting the shoreline or harbor areas from wave action. 9.06 ; , BUILDING: Any structure having a roof intended to be used for the shelter or enclosure of persons, plants, animals or property. 9.07 BULKHEAD: A wall or embankment used for holding back earth. 9.08 BUOY: A floating object anchored in a lake, river, etc., to warn of rocks, shoals, etc., or used for boat moorage. 9.09 CIRCULATION: Those means of transportation which carry passengers or goods to, from, over, or along a corridor. 9.10 CORRIDOR: A strip of land forming a passageway between two otherwise separate I' parts. 9.11 DEVELOPMENT: A use consisting of the construction of exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading, driving of piling; placing of obstructions; or any other projects of a permanent or temporary nature which interferes_with the normal public use of the surface'of the waters overlying lands subject to the Act at any state of water level. 9.12 DOCK: A fixed or floating platform extending from the shore over the water. 9.13 DREDGING: The removal of earth from the bottom or banks of a body of water. 9.14 ECONOMIC DEVELOPMENT: A development which provides a service, produces a good, retails a commodity, or engages in any other use or activity for the purpose of making financial gain. 9.15 FLOOD CONTROL: Any undertaking for the conveyance, control, and dispersal of flood waters. 45 9.16 , FLOODPLAIN: The area subject to a 100-year flood. 9.17 iU HEARINGS BOARD: The Shorelines Hearings Board established by the Act. 9.18 ;, HIGH RISE: A structure exceeding seventy-five (75) feet in height. 9.19 LANDFILL: Creation or maintenance of beach or creation of dry upland area by the deposit of sand, soil, gravel or other materials into shoreline areas. 9.20 LICENSED ENGINEER: A professional engineer, licensed to practice in the'State of Washington. II 9.21 LOCAL SERVICE UTILITY: Public or private utilities normally servicing a neighborhood, i.e. telephone exchanges; sewer, both storm and sanitary; distribution lines, electrical less than 55 KV, telephone, cable TV; etc. 9.22 MAJOR SERVICE UTILITY: Public or private utilities which provide services beyond the 1��' City's boundaries, i.e. pipelines, natural gas, water, sewer, petroleum; electrical 1 1 transmission lines 55 KV or greater; and regional sewer or water treatment plants; etc. 9.23 MARINA: A use providing moorage's for pleasure craft, which also may include boat launching facilities, storage, sales, and other related services.. 9.24 MASTER PROGRAM: The comprehensive shoreline use plan for the City of Renton and the use regulations, together with maps, diagrams, charts or other descriptive'material and text, and a statement of desired goals and standards developed in accordance with - the policies enunciated in Section 2 of the Act. 9.25 MOORAGE: Any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels. Examples of moorage are docks or buoys. 9.26 1' MULTIPLE-USE: The combining of compatible uses within one development, of which the major use or activity is water dependent. All uses or activities other than the major one are directly related and necessary to the major use or activity. • 9.27 ; ONE-HUNDRED YEAR FLOOD: The maximum flood expected to occur during a one- hundred (100) year period. 9.28 ; OPEN SPACE: A land area allowing view, use or passage which is almost entirely unobstructed by buildings, paved areas, or other man-made structures. 9.29 PIER: A general term including docks and similar structures consisting of a;ifixed or floating platform extending from the shore over the water. 9.30 I' PLANNED UNIT DEVELOPMENT: Special contractual agreement between thle developer and a governmental body governing development of land. 9.31 PUBLIC ACCESS: A means of physical approach to and along the shoreline available to the general public. This may also include visual approach. 46 • 9.32 'I I RECREATION: The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its ' wildlife. 9.33 RESIDENTIAL USES: Developments where persons reside including but not limited to I single-family dwellings, apartments, and condominiums. 9.34 I SHORELINES: All of the water areas of the City of Renton, including reservoirs, and their associated wetlands, together with the lands underlying them, except: II A. - Shorelines of state-wide significance. B. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less and the wetlands associated with such upstream segments. C. Shorelines on lakes less, than twenty (20) acres in size and wetlands associated with such small lakes. 9.35 , SHORELINES'OF STATE-WIDE SIGNIFICANCE: Those shorelines described in Section 3oftheAct. 9.36 SHORELINES OF THE CITY: The total of all "shorelines of state-wide significance" within the City of Renton. 9.37 STRUCTURE: A combination of materials constructed or erected on the ground or water or attached to something having a location on the ground or water. 9.38 ; SUBDIVISION: A parcel of land divided into two or more parcels. 9.39 SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair market value exceeds one thousand (1,000) dollars or any .development which materially interferes with the normal public use of the shoreline. 9.40 , SUBSTANTIAL DEVELOPMENT PERMIT: The shoreline Management Substantial Development Permit provided for in Section 14 of the Shoreline Management Act of 1971, (RCW 90.58.140). 9.41 UNIQUE AND FRAGILE AREAS: Those portions of the shoreline which (1) contain or substantially contribute to the maintenance of endangered or valuable forms of life and (2) have unstable or potentially hazardous topographic, geologic or hydrologic features (such as steep slopes, marshes). • 9.42 WATER-DEPENDENT: Referring to uses to activities which necessarily require a shoreline location as a major and integral part of that use or activity. 9.43 i' WATER-ORIENTED OR WATER-RELATED: Referring to uses, activities or' facilities which are not necessarily water-dependent but still incorporate in their design some kind of advantageous use of the water, for example, walkways or view windows. 47 • 9.44 WETLANDS OR WETLAND AREAS: Those lands extending landward for two hundred (200) feet in all directions, as measured on a horizontal plane from ordinary high water - I, mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas, associated with streams, lakes and tidal waters which are subject to the provisions.,of the State Shorelines Management Act. h:\division.s\develop.ser\dev.plan\l n:shorline.doc it • • • • • • 48 '