23.60A.258

A. Areas with 80 percent or more of intact vegetation 1. In areas where there is 80 percent or more intact vegetation a shoreline setback of 100 feet from OHW marks is required. 2. No development, use, or shoreline modification is allowed within this shoreline setback except as follows: a. The minimum necessary for research, aquatic, scientific, historic, cultural and educational uses, pursuant to Section 23.60A.210 and the minimum necessary access to them; b. The minimum necessary for non-motorized-boat landing areas that are allowed as a special use pursuant to Sections 23.60A.175 and 23.60A.252 , bridges overwater, or tunnels underwater that are allowed pursuant to Section 23.60A.209 ; and c. More than 20 feet landward of the OHW mark for: 1) Viewpoints accessory to a parks and open space use allowed, or allowed as a special use or as a shoreline conditional use in the CP Environment or for required public access; and 2) Spur trails to access the viewpoints allowed in the setback under subsection 23.60A.258.A.2.c.1. B. Areas with less than 80 percent of intact vegetation 1. In all other areas a shoreline setback of 50 feet from the OHW mark is required. 2. No development, use, or shoreline modification is allowed within this shoreline setback except as follows: a. The minimum necessary for: 1) Shoreline modifications allowed, or allowed as a special use or a shoreline conditional use in the CP Environment and for the minimum necessary access to them; 2) Operation of and access to the over-water components of a water-dependent or water-related use; 3) Bridges and tunnels allowed or allowed as a shoreline conditional use and the minimum necessary access to them; 4) Streets allowed as a shoreline conditional use; 5) Utility lines allowed as a special or shoreline conditional use necessary to serve things allowed in the setback or over water; and 6) Research, aquatic, scientific, historic, cultural and educational uses pursuant to Section 23.60A.210 ; and 7) Non-motorized-boat landing areas allowed as a special use pursuant to Sections 23.60A.175 and 23.60A.252 ; and b. More than 20 feet landward of the OHW mark for: 1) Viewpoints accessory to a parks and open space use allowed, or allowed as a special use or as a shoreline conditional use in the CP Environment or for required public access; and 2) Spur trails to access the viewpoints allowed in the setback under subsection 23.60A.258.B.2.b.1. (Ord. 124105 , § 3, 2013.)