23.60A.167

A. The shoreline setback for each shoreline environment is the setback established in the standards for that environment. B. In the CP Environment no development, use, or shoreline modification is allowed within the shoreline setback except as allowed in Section 23.60A.258 . C. In addition to shoreline setbacks required in this Section 23.60A.167 , residences on waterfront lots shall not be located further waterward than adjacent residences as measured in subsection 23.60A.206.B.3. D. In all shoreline environments except the CP Environment, no development, use, or shoreline modification is allowed within the shoreline setback except as follows: 1. The development, shoreline modifications and uses allowed in the shoreline setback standards for each environment. 2. The minimum necessary for constructing and operating the following development, uses, and shoreline modifications, if allowed, allowed as a special use or allowed as a shoreline conditional use in the applicable shoreline environment and the minimum necessary access to them: a. Uses allowed, allowed as a special use or allowed as a shoreline conditional use overwater in the applicable shoreline environment; b. Shoreline modifications not listed in subsection 23.60A.167 (D)(3); c. Over-water components of a water-dependent or water-related use; d. Bridges and tunnels; e. Streets; f. Utility lines necessary to serve development and uses allowed in the setback or over water; g. Research, aquatic, scientific, historic, cultural and educational uses pursuant to Section 23.60A.210 ; h. Features that better accommodate nearshore habitat improvements, such as increasing daylighting; and i. Nonconforming uses and development authorized under Section 23.60A.122 or Section 23.60A.124 . 3. The following development, uses, and shoreline modifications, if allowed, allowed as a special use or allowed as a shoreline conditional use in the applicable shoreline environment and the minimum necessary access to them: a. Piers; b. Dry docks; c. Equipment used for boat launching and landing; d. Structures and equipment for loading and unloading material or product to or from water-borne equipment and vessels; e. Structures used to operate or control water-borne equipment or vessels; f. Structures and equipment for loading and unloading passengers, baggage and supplies; g. Fabrication buildings used for constructing or repairing large vessels; h. Marine service station, if fuel is sold to boats in the water; i. Existing structures and equipment for fire safety, dock-water, and the management of stormwater from water-dependent or water-related uses in accordance with the requirements of applicable laws, and the repair, replacement, or modification of such existing structures and equipment as necessary to maintain or improve fire safety or the management of water or stormwater. j. Pipes used to convey water or stormwater; k. Waste pump-out equipment; l. Spill clean-up equipment; and m. Other water-dependent uses to the extent they functionally need to be in the setback. 4. Constructing and operating the following shoreline parks and open space development, uses, and shoreline modifications if allowed, allowed as a special use or allowed as a shoreline conditional use in the applicable shoreline environment: a. Swimming beaches and the minimum necessary for access to them; b. The minimum necessary for fishing piers, hand carried boat launches, motorized boat launch areas and the minimum necessary access to them; c. The minimum necessary for access to underwater diving areas; and d. The minimum necessary for non-motorized boat landing areas. 5. More than 5 feet landward of the OHW mark for fences and freestanding walls accessory to residences that are not shoreline modifications, if views of the shoreline from adjacent existing residences are not blocked. The Director shall determine the permitted height of the fences and freestanding walls. 6. More than 15 feet landward of the OHW mark, the minimum necessary for: a. Viewpoints accessory to a parks and open space use allowed, allowed as a special use or allowed as a shoreline conditional use in the applicable shoreline environment and spur trails to access the viewpoints; and b. Viewpoints for required public access in all Urban shoreline environments and in the CW Environment and spur trails to access such viewpoints. 7. More than 20 feet landward of the OHW mark, the minimum necessary for the following shoreline parks and open space uses in all Urban shoreline environments and in the CM Environment: natural athletic fields with no lighting, bath houses, concession stands, pavilions, seating, bicycle and pedestrian paths and the minimum necessary access to these uses. E. All development, shoreline modifications, and uses allowed in the shoreline setback shall address the following when applying mitigation sequencing, to the greatest extent applicable and reasonable for the allowed use: 1. Minimize the reduction of vegetation height, volume, density or coverage; 2. Minimize adverse impacts to habitat; 3. Minimize disturbance to natural topography; 4. Minimize addition of impervious surface; 5. Prevent the need for shoreline stabilization by increasing the setback of proposed development; and 6. When native vegetation is proposed to meet the requirements of subsection 23.60A.158.B.1.e (Step E), prioritize planting this vegetation as close to OHW as possible, and secondly adjacent to existing vegetation where possible without altering existing structures or established uses. F. Vegetation management and restoration and enhancement projects within shoreline setbacks are regulated pursuant to Section 23.60A.190 and the applicable shoreline environment. (Ord. 124750 , § 13, 2015; Ord. 124105 , § 3, 2013.)