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Title 24
ENVIRONMENTAL PROCEDURESChapters:
24.02 SEPA Procedures and Policies
24.05 Shoreline Master Program
24.06 Shoreline Administration and Procedures
Chapter 24.02
SEPA PROCEDURES AND POLICIESSections:
Article I. Purpose—Authority
24.02.005 User guide.
Article II. General Requirements
24.02.010 SEPA process.
24.02.015 Definitions.
24.02.020 Designation of responsible official.
24.02.025 Environmental coordinator.
24.02.030 Use of environmental documents.
24.02.035 SEPA timing.
Article III. Categorical Exemptions and Threshold Determinations
24.02.040 General—Categorical exemptions and threshold determinations.
24.02.045 Threshold levels for categorical exemptions.
24.02.050 Use of exemptions.
24.02.055 Environmental checklist.
24.02.060 Mitigated DNS.
Article IV. Environmental Impact Statement
24.02.065 General—Environmental Impact Statement.
24.02.070 Preparation of EIS—Additional considerations.
Article V. Commenting
24.02.080 General—Commenting.
24.02.085 Public notice.
Article VI. Using Existing Environmental Documents
24.02.090 General—Using existing environmental documents.
Article VII. SEPA and Agency Decisions
24.02.095 General—SEPA and agency decisions.
24.02.100 SEPA policies.
24.02.105 Administrative appeals.
24.02.106 Repealed.
24.02.110 Judicial review.
Article VIII. Definitions
24.02.115 General definitions.
Article IX. Categorical Exemptions
24.02.120 General—Categorical exemptions.
Article X. Agency Compliance
24.02.125 General—Agency compliance.
24.02.130 Sensitive areas map adopted by reference.
24.02.135 Fees.
Article XII. Forms
24.02.140 General—Forms.
Article I. Purpose—Authority
24.02.005 User guide.
This chapter contains the city’s laws that implement the State Environmental Policy Act (RCW 43.21C). This chapter contains several parts. These parts correspond to the parts contained in Chapter 197-11 of the Washington Administrative Code, which also implements the State Environmental Policy Act. At the beginning of each part of this chapter is a list of sections of the Washington Administrative Code, Chapter 197-11, that are adopted by reference. These WAC sections, as well as RCW 43.21C, should be consulted for complete information regarding SEPA. (Ord. 2830 Part 1, § 1 (part), 1984)
Article II. General Requirements
24.02.010 SEPA process.
This article, Section 24.02.010 through Section 24.02.035, contains information on the basic requirements that apply to the SEPA process. The city adopts by reference the following sections of the WAC which contain related information:
197-11-040 Definitions;
197-11-050 Lead agency;
197-11-055 Timing of the SEPA process;
197-11-060 Content of environmental review;
197-11-070 Limitations on action during SEPA process;
197-11-080 Incomplete or unavailable information;
197-11-090 Supporting documents;
197-11-100 Information required of applicants.
(Ord. 2830 Part 2, § 1 (part), 1984)
24.02.015 Definitions.
(a) In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings unless the context indicates otherwise:
(1) “City department” means any department of the city established by Chapter 3.16, Kirkland Municipal Code.
(2) “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.
(3) “Complete application,” for the purposes of this chapter, means an application and supporting documentation which have been reviewed by the SEPA responsible official and other appropriate department(s) of the city and found to contain all information reasonably sufficient to evaluate the environmental impact of a proposal, based on standards developed by the city consistent with SEPA rules.
(4) “City” means the city of Kirkland.
(5) “Improvement” means any structure or manmade feature.
(6) “Recognized historical significance” means listed in the state or national register of historic places, designation as an historic landmark overlay zone, inclusion in the 1983 planning and community development SEPA list of historic structures, or other formal recognition conferred by a body with authority and expertise in what might constitute historical significance; provided that inclusion in the 1992 survey of historic structures by northwest preservation resources is not considered such recognition for the purposes of this chapter or SEPA.
(b) The following abbreviations are used in this chapter:
(1) “DNS” means determination of nonsignificance.
(2) “DS” means determination of significance.
(3) “SEIS” means Supplemental Environmental Impact Statement.
(4) “WAC” means Washington Administrative Code. (Ord. 3335 § 1, 1992; Ord. 2830 Part 2, § 1 (part), 1984)
24.02.020 Designation of responsible official.
For all proposals for which the city is the lead agency, the responsible official shall be the director of the department of planning and community development, or his/her designee. For these proposals, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the “lead agency” or “responsible official” by this chapter. (Ord. 2830 Part 2, § 1 (part), 1984)
24.02.025 Environmental coordinator.
The city manager shall designate an employee of the city to act as environmental coordinator. It shall be the responsibility of the environmental coordinator to:
(1) Assure that all SEPA-related city ordinances and policies are in compliance with corresponding regulations and policies at the state level;
(2) Assist all city departments in the interpretation and implementation of this chapter;
(3) Coordinate the processing of appeals pursuant to Section 24.02.105 of this chapter;
(4) Assist the public with inquiries concerning environmental policy and other SEPA-related information;
(5) Maintain all public information on SEPA;
(6) Coordinate the review of and response to impact statements submitted by the city as a consulted agency by other governmental agencies;
(7) Coordinate the preparation and distribution of EIS’s and SEIS’s undertaken by the city or its consultant;
(8) Review each environmental checklist submitted to the city and make a recommendation to the responsible official on each action or proposal;
(9) Determine whether or not the proposal is an exempt action, make certain the proposal is properly defined and identify the governmental licenses required (WAC 197-11-060);
(10) Be responsible for preparation of written comments for the city in response to consultation requests prior to a threshold determination, participation in scoping, and reviewing a draft EIS;
(11) Be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency. The environmental coordinator is authorized to develop operating procedures that will insure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city;
(12) Perform all other activities required to implement SEPA in the city except those performed by the responsible official. (Ord. 2830 Part 2, § 1 (part), 1984)
24.02.030 Use of environmental documents.
For nonexempt proposals, the DNS or final EIS and SEIS for the proposal shall accompany
the city’s staff recommendation to the appropriate decision maker. (Ord. 2830 Part 2, § 1 (part), 1984)
24.02.035 SEPA timing.
(a) If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of detailed plans and specifications. A decision as to whether or not to do early environmental review, prior to receiving a complete application, shall be at the discretion of the responsible official.
(b) The responsible official may elect to do early environmental review if adequate information is available to determine the size and scope of the proposed action, including dimensions and use of all proposed improvements, project timing, and the extent of clearing and grading.
(c) The city may initiate preliminary environmental review and have informal conferences with applicants prior to receipt of a complete application. However, this review shall not be binding on the city or the applicant.
(d) Any request for early notice of whether or not a DS is likely under WAC 197-11-350 shall be in writing.
(e) The city may, pursuant to WAC 197-11-355, use a single, integrated comment period to obtain comments on a notice of application and the likely threshold determination for the proposal if the responsible official has a reasonable basis for determining that significant environmental impacts are unlikely. (Ord. 3690 § 1, 1999: Ord. 2830 Part 2, § 1 (part), 1984)
Article III. Categorical Exemptions And Threshold Determinations
24.02.040 General—Categorical exemptions and threshold determinations.
This article, Section 24.02.040 through Section 24.02.060, contains information for deciding whether or not a proposal has a “probable significant, adverse, environmental impact,” and for evaluating the impact of proposals not requiring an EIS. The city adopts by reference the following sections of the WAC which contain related information:
197-11-300 Purpose of this part;
197-11-305 Categorical exemptions;
197-11-310 Threshold determination required;
197-11-315 Environmental checklist;
197-11-330 Threshold determination process;
197-11-335 Additional information;
197-11-340 Determination of nonsignificance (DNS);
197-11-350 Mitigated DNS;
197-11-355 Optional DNS process;
197-11-360 Determination of significance (DS)/initiation of scoping;
197-11-390 Effect of threshold determination.
(Ord. 3690 § 2, 1999: Ord. 2830 Part 3, § 1 (part), 1984)
24.02.045 Threshold levels for categorical exemptions.
WAC 197-11-800 establishes certain actions as exempt from SEPA. Under (1)(c) of that section, the city establishes raised levels of exemptions for the following types of actions as exempt from SEPA except as provided in WAC 197-11-305 and WAC 197-11-800(1)(a):
(1) The construction or location of any residential structures of nine or fewer dwelling units (WAC 197-11-800(1)(b)(i);
(2) Any landfill or excavation of five hundred or fewer cubic yards throughout the total lifetime of the fill or excavation, and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder (WAC 197-11-800(1)(b)(v). (Ord. 2830 Part 3, § 1 (part), 1984)
24.02.050 Use of exemptions.
Each city department receiving an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be subject to review by the environmental coordinator. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. (Ord. 2830 Part 3, § 1 (part), 1984)
24.02.055 Environmental checklist.
For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city-initiated proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (Ord. 2830 Part 3, § 1 (part), 1984)
24.02.060 Mitigated DNS.
(a) For a mitigated DNS, the applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibels” or “construct a 200-foot storm water retention pond at Y location” are adequate.
(b) Mitigation measures incorporated in the mitigated DNS are deemed conditions of approval of the permit decision and shall be enforced in the same manner as any term or condition of the permit, or enforced in any manner available to the city.
(c) If the city’s final decision on a proposed action does not include the mitigation measures that were incorporated in a mitigated DNS for the proposal, the city shall reevaluate the threshold determination to insure that the DNS is still valid or determine if it should be withdrawn under WAC 197-11-340(3)(a). (Ord. 2830 Part 3, § 1 (part), 1984)
Article IV. Environmental Impact Statement
24.02.065 General—Environmental Impact Statement.
This article, Section 24.02.065 through Section 24.02.070, contains information on the rules for preparing EIS’s. The city adopts by reference the following sections of the WAC which contain related information:
197-11-400 Purpose of EIS;
197-11-402 General requirements;
197-11-405 EIS types;
197-11-406 EIS timing;
197-11-408 Scoping;
197-11-410 Expanded scoping;
197-11-420 EIS preparation;
197-11-425 Style and size;
197-11-430 Format;
197-11-435 Cover letter or memo;
197-11-440 EIS contents;
197-11-442 Contents of EIS on Nonproject Proposals;
197-11-443 EIS contents when prior Nonproject EIS;
197-11-444 Elements of the environment;
197-11-448 Relationship of EIS to other considerations;
197-11-450 Cost-benefit analysis;
197-11-455 Issuance of DEIS;
197-11-460 Issuance of FEIS.
(Ord. 2830 Part 3, § 1 (part), 1984)
24.02.070 Preparation of EIS—Additional considerations.
(a) The responsible official shall determine whether the draft, or final EIS, or SEIS will be prepared by the city or by a private consultant. If the action for which the EIS or SEIS is being prepared is one proposed by a private applicant, and if the responsible official determines that the draft and final EIS or SEIS will be prepared by a private consultant, that consultant shall be selected in the manner prescribed by subsection (c) of this section.
(b) Regardless of who prepares the EIS, the responsible official shall insure that the EIS or SEIS is prepared in accordance with all applicable laws, regulations, and ordinances. The responsible official shall determine the elements of the environment to be included in the document through the scoping process described in this section.
(1) Whenever the city issues a DS under WAC 197-11-360(3), the city shall provide notice as prescribed in subsection (b) of Section 24.02.085 of this chapter and shall circulate copies of the DS to the applicant; agencies with jurisdiction and expertise, if any; affected tribes and the public.
(2) All comments on a DS and scoping notices must be in writing and received within twenty-one days from the date of issuance of the DS, except where a public meeting on EIS scoping occurs, pursuant to WAC 197-11-410(1)(b).
(c) If the responsible official determines that the EIS or SEIS is to be prepared by a consultant, the city shall enter into any necessary agreements with the applicant and the consultant in conformance with this chapter. The responsible official shall review the consultants recommended by the applicant and, if the responsible official finds one of the consultants suitable to prepare the EIS or SEIS, shall select that consultant for the preparation of the EIS or SEIS. In the event the responsible official does not find one of the consultants suitable to prepare the EIS or SEIS, he/she shall request the applicant to provide the names of additional consultants and/or interview additional consultants of the city’s choosing.
(d) A consultant who prepares an EIS or SEIS for a proposal by a private applicant shall have no involvement in the proposed project other than the preparation of the EIS or SEIS.
(e) Cost of preparation of EIS:
(1) The applicant shall deposit with the city, the entire estimated cost of preparation of a draft and final EIS determined by the selected consultant within ten days of signing the agreement for preparation of those documents with the city and the consultant.
(2) If the city requires additional work beyond the terms of the agreement in order to complete the draft or final EIS or SEIS, the applicant shall deposit, with the city, the entire estimated cost of the additional work within ten days of signing an addendum to the agreement.
(3) The city will not authorize work on the draft or final EIS or SEIS until the applicant has made the required deposits.
(f) City review and processing:
(1) The applicant shall deposit with the city an amount for review and processing of the Environmental Impact Statement or SEIS as required by Ordinance No. 2776, as amended.
(2) The city will not begin to review and process any EIS or SEIS until this deposit is received by the city.
(3) The city will send the applicant a monthly itemized billing for costs incurred in review and processing of an EIS or SEIS.
(4) If the amount deposited exceeds the cost of review and processing, the city will refund the excess to the applicant following issuance of the final EIS or SEIS.
(5) If the cost of review and processing exceeds the amount deposited, the applicant shall pay the full amount due within 30 days of receipt of an itemized billing by the city.
(6) The city will cease all work on the proposal, including review and processing of the EIS or SEIS, if the amounts due to the city have not been paid in full in the manner specified in this section.
(g) Before the city issues an EIS or SEIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. (Ord. 2830 Part 4, § 1 (part), 1984)
Article V. Commenting
24.02.080 General—Commenting.
This article, Section 24.02.080 and Section 24.02.085, contains rules for consulting, commenting and responding to environmental documents including rules for public notices and hearings. The city adopts by reference the following sections of the WAC which contain related information:
197-11-500 Purpose of this part;
197-11-502 Inviting comment;
197-11-504 Availability and cost of environmental documents;
197-11-508 SEPA register;
197-11-535 Public hearings and meetings;
197-11-545 Effect of no comment;
197-11-550 Specificity of comments;
197-11-560 FEIS response to comments;
197-11-570 Consultant agency costs to assist lead agency.
(Ord. 2830 Part 5, § 1 (part), 1984)
24.02.085 Public notice.
(a) Whenever the city issues a DNS under WAC 197-11-340(2), or DS under WAC 197-11-360(3), the city shall give public notice by publishing notice in a newspaper of general circulation in the city where the proposal is located.
(b) Whenever the city issues a mitigated DNS for Process IIA, IIB, and III zoning and subdivision applications, the city shall give public notice by publishing notice in a newspaper of general circulation in the city where the proposal is located, by providing that the applicant erect public notice signs on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property, and by mailing notice to owners of all property within three hundred feet and all residents adjacent to or directly across the street from the subject property.
(c) The responsible official may require notice by alternative methods, as specified in WAC 197-11-510, if deemed necessary to provide public notice of impending action.
(d) Whenever the city issues a draft EIS or SEIS under WAC 197-11-455(5) or WAC 197-11-620, notice of availability of those documents shall be given by:
(1) Posting the property for site-specific proposals, pursuant to the guidelines in (b) above; and
(2) Publishing notice in a newspaper of general circulation in the city; and
(3) Mailing notice for site specific proposals, pursuant to the guidelines in (b) above. (Ord. 3420 § 1(part), 1994: Ord. 2830 Part 5, § 1 (part), 1984)
Article VI. Using Existing Environmental Documents
24.02.090 General—Using existing environmental documents.
This article, Section 24.02.090 contains information on using and supplementing the existing environmental documents prepared under SEPA or NEPA for the city’s own environmental compliance. The city adopts by reference the following sections of the WAC which contain related information:
197-11-600 When to use existing environmental documents;
197-11-610 Use of NEPA;
197-11-620 Supplemental Environmental Impact Statement—Procedures;
197-11-625 Addenda procedures;
197-11-630 Adoption procedures;
197-11-635 Incorporation by reference procedures;
197-11-640 Combining documents.
(Ord. 2830 Part 6, § 1 (part), 1984)
Article VII. SEPA And Agency Decisions
24.02.095 General—SEPA and agency decisions.
This article, Section 24.02.095 through Section 24.02.105, contains information on SEPA’s substantive authority and procedures for appealing SEPA determinations to agencies or the courts. The city adopts by reference the following sections of the WAC which contain related information:
197-11-650 Purpose of this part;
197-11-655 Implementation;
197-11-660 Substantive authority and mitigation;
197-11-680 Appeals.
(Ord. 2830 Part 7, § 1 (part), 1984)
24.02.100 SEPA policies.
The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this chapter:
(1) The policies of the State Environmental Policy Act—RCW 43.21C;
(2) Ordinance No. 3481—Comprehensive plan;
(3) Ordinance No. 2740, as amended—Zoning code;
(4) Ordinance No. 2699, as amended—The zoning map;
(5) Ordinance No. 2766, as amended—Subdivision ordinance;
(6) The city of Kirkland Shoreline Master Program—Ordinance 2256 as well as the Shoreline Policies adopted in Kirkland Municipal Code Chapter 24.04;
(7) Building and Construction—Title 21 of the Kirkland Municipal Code;
(8) The perpetual six-year transportation improvement program established by Section 19.08.051, Kirkland Municipal Code, including annual amendments (Resolution R-3106 or its successor);
(9) Park and open space plan—Ordinance No. 2117, as amended;
(10) East planning area comprehensive sewer plan—Ordinance No. 2796, as amended;
(11) Flood protection—Kirkland Municipal Code, Chapter 21.56;
(12) Policies and regulations relating to water and sewer extensions established in Title 15, Kirkland Municipal Code. (Ord. 3530 § 1, 1996: Ord. 2830 Part 7, § 1 (part), 1984)
24.02.105 Administrative appeals.
(a) Appealable Decisions. Only the following decisions of the city are appealable under this section:
(1) The issuance of a determination of nonsignificance, including mitigation measures and conditions that are required as part of that determination of nonsignificance;
(2) The issuance of a determination of significance.
(b) Who May Appeal. Only the following may appeal:
(1) The applicant or proponent;
(2) Any agency with jurisdiction;
(3) Any individual or other entity who is specifically and directly affected by the proposed action.
(c) Time to Appeal.
(1) An appeal of a DNS must be filed with the environmental coordinator within fourteen days of the date the determination is issued by the responsible official.
(2) An appeal of a DS must be filed within seven days of the date it is published under Section 24.02.085 of this chapter.
(d) How to Appeal. The appeal must be in the form of a written notice of appeal, and must contain a brief and concise statement of the matter being appealed, the specific components or aspects that are being appealed, the appellant’s basic rationale or contentions on appeal, and a statement demonstrating standing to appeal. The appeal may also contain whatever supplemental information the appellant wishes to include.
(e) Fees. The person filing the appeal shall include with the letter of appeal the fee as established by ordinance.
(f) Who Will Hear and Decide Upon the Appeal. Appeals of DNS’s and DS’s will be heard at the open record hearing for the underlying project permit and decided upon by the hearing body hearing the underlying project permit using the provisions of subsections (g), (h) and (i) of this section. In the event that a project permit does not include an open record public hearing, the SEPA appeal will be heard and decided upon by the hearing examiner using the provisions of subsections (g), (h) and (i) of this section unless the underlying project permit is a short subdivision that has been appealed to the city council pursuant to Section 22.20.245 of the Kirkland Municipal Code, in which case, the city council shall hear both the SEPA appeal and the appeal of the underlying project permit.
(g) Procedures for the Appeal.
(1) Notice of the Appeal Hearing.
(A) Content. The planning official shall prepare a notice of the appeal containing the following:
(i) The file number and a brief written description of the matter being appealed.
(ii) A statement of the scope of the appeal including a summary of the specific factual findings and conclusions disputed in the letter of appeal.
(iii) The time and place of the public hearing on the appeal.
(iv) A statement of who may participate in the appeal.
(v) A statement of how to participate in the appeal.
(B) Distribution. At least fourteen calendar days before the hearing on the appeal, the planning official shall send a copy of this notice to each person who received a copy of the threshold determination and any person who submitted written comments on, or an appeal of, the threshold determination.
(C) The notice of appeal may be combined with the hearing notice for the underlying project permit, if applicable.
(2) Participation in the Appeal. Only those persons entitled to appeal the threshold determination under subsection (b) of this section may participate in the appeal. These persons may participate in the appeal in either or both of the following ways:
(A) By submitting written testimony to the planning department within the timeline established by subsection (c) above.
(B) By appearing in person, or through a representative, at the hearing and submitting oral or written testimony directly to the hearing body. The hearing body may reasonably limit the extent of the oral testimony to facilitate the orderly and timely conduct of the hearing.
(3) Staff Report on the Appeal.
(A) Content. The planning official shall prepare a staff report containing the following:
(i) The SEPA threshold determination.
(ii) All written comments submitted to the responsible official.
(iii) The letter of appeal.
(iv) All written comments on the appeal received by the planning department from persons entitled to participate in the appeal and within the scope of the appeal.
(v) An analysis of the specific factual findings and conclusions disputed in the letter of appeal.
(B) This report may be combined with the staff report on the underlying project permit, if applicable.
(C) Distribution. At least seven calendar days before the hearing, the planning official shall distribute copies of the staff report as follows:
(i) A copy will be sent to the hearing body hearing the appeal as specified under subsection (f) above.
(ii) A copy will be sent to the applicant.
(iii) A copy will be sent to the person who filed the appeal.
(iv) A copy will be sent to any person or agency who received a copy of the threshold determination or submitted comments on the threshold determination.
(4) Public Hearing on the Appeal.
(A) Hearing in General. The hearing body shall hold a public hearing on the appeal.
(B) Hearing Declared Open. The hearings of the hearing body are open to the public.
(5) Electronic Sound Recordings. The hearing body shall make a complete electronic sound recording of each hearing.
(6) Continuation of the Hearing. The hearing body may continue the hearing if, for any reason, it is unable to hear all of the public comments on the appeal or if it determines that it needs more information within the scope of the appeal. If, during the hearing, the hearing body announces the time and place of the next hearing on the matter, no further notice of that hearing need be given.
(h) Decision on the Appeal.
(1) General. The hearing body shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. The hearing body shall either affirm or change the findings and conclusions of the responsible official that were appealed. Based on the hearing body’s findings and conclusions, it shall either:
(A) Affirm the decision being appealed; or
(B) Reverse the decision being appealed; or
(C) Modify the decision being appealed.
(2) Issuance of Written Decision. Within eight calendar days after the public hearing, the hearing body shall issue a written decision on the appeal. Within four calendar days after it is issued, the hearing body shall distribute the decision as follows:
(A) A copy will be mailed to the applicant.
(B) A copy will be mailed to the person who filed the appeal.
(C) A copy will be mailed to all other persons or agencies who participated in the appeal.
(i) Additional Appeal Procedures.
(1) The matters to be considered and decided upon in the appeal are limited to the matters raised in the notice of appeal.
(2) The decision of the responsible official shall be accorded substantial weight.
(3) All testimony will be taken under oath.
(4) The decision of the hearing body hearing the appeal shall be the final decision on any appeal of a threshold determination including a mitigated determination of nonsignificance. (Ord. 3690 § 3, 1999: Ord. 3530 § 2, 1996: Ord. 3420 § 1 (part), 1994; Ord. 3056 § 1, 1987: Ord. 2962 § 1, 1986: Ord. 2830 Part 7, § 1 (part), 1984)
24.02.106 Special procedures for SEPA appeals on specified projects.
Repealed by Ord. 3530. (Ord. 3424 § 1, 1994)
24.02.110 Judicial review.
Judicial review of SEPA determinations are by RCW 43.21C.075 required to be heard only at the time of judicial review of the underlying action, i.e. approval or disapproval of the proposal for which SEPA review was required. For rules on perfecting and timing of the SEPA determination and judicial appeal, see RCW 43.21C.075 and WAC 197-11-680(4). The notice required by WAC 197-11-680(5) shall be appended to the permit or “notice of appeal” at the time of final city action. (Ord. 2830 Part 7, § 1 (part), 1984)
Article VIII. Definitions
24.02.115 General definitions.
This article, Section 24.02.115, contains information on the usage and definition of terms under SEPA. The city adopts the following sections by reference as supplemented by Section 24.02.015 of this chapter:
197-11-700 Definitions;
197-11-702 Act;
197-11-704 Action;
197-11-706 Addendum;
197-11-708 Adoption;
197-11-710 Affected tribe;
197-11-712 Affecting;
197-11-714 Agency;
197-11-716 Applicant;
197-11-718 Built environment;
197-11-720 Categorical exemption;
197-11-721 Closed record appeal;
197-11-722 Consolidated appeal;
197-11-724 Consulted agency;
197-11-726 Cost-benefit analysis;
197-11-728 County/city;
197-11-730 Decision maker;
197-11-732 Department;
197-11-734 Determination of nonsignificance (DNS);
197-11-736 Determination of significance (DS);
197-11-738 EIS;
197-11-740 Environment;
197-11-742 Environmental checklist;
197-11-744 Environmental document;
197-11-746 Environmental review;
197-11-748 Environmentally sensitive area;
197-11-750 Expanded scoping;
197-11-752 Impacts;
197-11-754 Incorporation by reference;
197-11-756 Lands covered by water;
197-11-758 Lead agency;
197-11-760 License;
197-11-762 Local agency;
197-11-764 Major action;
197-11-766 Mitigated DNS;
197-11-768 Mitigation;
197-11-770 Natural environment;
197-11-772 NEPA;
197-11-774 Nonproject;
197-11-775 Open record hearing;
197-11-776 Phased review;
197-11-778 Preparation;
197-11-780 Private project;
197-11-782 Probable;
197-11-784 Proposal;
197-11-786 Reasonable alternative;
197-11-788 Responsible official;
197-11-790 SEPA;
197-11-792 Scope;
197-11-793 Scoping;
197-11-794 Significant;
197-11-796 State agency;
197-11-797 Threshold determination;
197-11-799 Underlying governmental action.
(Ord. 3690 § 4, 1999: Ord. 2830 Part 8, § 1 (part), 1984)
Article IX. Categorical Exemptions
24.02.120 General—Categorical exemptions.
This article, Section 24.02.120, contains information on the rules for categorical exemptions. The city adopts by reference the following sections of the WAC which contain related information:
197-11-800 Categorical exemptions;
197-11-880 Emergencies;
197-11-890 Petitioning DOE to change exemptions.
(Ord. 2830 Part 9, § 1 (part), 1984)
Article X. Agency Compliance
24.02.125 General—Agency compliance.
This article, Section 24.02.125 through Section 24.02.135, contains information on rules for charging fees under the SEPA process, designating environmentally sensitive areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts by reference the following sections of the WAC which contain related information:
197-11-900 Purpose of this part;
197-11-902 Agency SEPA policies;
197-11-908 Environmentally sensitive areas;
197-11-916 Application to ongoing action;
197-11-920 Agencies with environmental expertise;
197-11-922 Lead agency rules;
197-11-924 Determining lead agency;
197-11-926 Lead agency for governmental proposals;
197-11-928 Lead agency for public and private proposals;
197-11-930 Lead agency for private projects with one-agency jurisdiction;
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city;
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city; and one or more state agencies;
197-11-936 Lead agency for private projects requiring licenses from more than one state agency;
197-11-938 Lead agencies for specific proposals;
197-11-940 Transfer lead agency status to a state agency;
197-11-942 Agreements on lead agency status;
197-11-944 Agreements on division of lead agency duties;
197-11-946 DOE resolution of lead agency disputes;
197-11-948 Assumption of lead agency status.
(Ord. 2830 Part 10, § 1 (part), 1984)
24.02.130 Sensitive areas map adopted by reference.
The map entitled “Kirkland Sensitive Areas” prepared for the city by King County environmental division and dated December, 1991, and bearing the signatures of the mayor and the director of the department of planning and community development as of February 4, 1992, is adopted by reference as though fully set forth herein, except that the map pages entitled “Wetlands, Streams and 100 Year Floodplains” are replaced with the map entitled “Sensitive Areas Map” and dated December, 2004. The exemptions from SEPA that do not apply to each sensitive area are stated on the “Kirkland Sensitive Areas” map folio. (Ord. 3977 § 1, 2004: Ord. 3659 § 1, 1998: Ord. 3309 § 1, 1992: Ord. 3068 § 1, 1987: Ord. 2830 Part 10, § 1 (part), 1984)
24.02.135 Fees.
The city shall require fees as set forth in KMC Section 5.74.080 for its activities in accordance with provisions of this chapter. (Ord. 3345 § 1, 1993: Ord. 2830 Part 10, § 1 (part), 1984)
Article XII. Forms
24.02.140 General—Forms.
This article, Section 24.02.140, contains information on forms. The city adopts by reference the following sections of the WAC which contain related information:
197-11-960 Environmental checklist;
197-11-965 Adoption notice;
197-11-970 Determination of nonsignificance (DNS);
197-11-980 Determination of significance and scoping notice (DS);
197-11-985 Notice of assumption of lead agency status;
197-11-990 Notice of action.
(Ord. 2830 Part 11, § 1 (part), 1984)
Chapter 24.05
SHORELINE MASTER PROGRAMSections:
24.05.001 Organization of chapter.
Part I—Introduction
24.05.005 User guide.
24.05.010 Adoption authority.
24.05.015 Applicability.
24.05.020 Relationship to other codes and ordinances.
24.05.025 Procedures.
24.05.030 Policies and regulations.
24.05.035 Definitions.
Part II—Goals and Policies
24.05.040 User guide.
24.05.045 Adoption by reference.
24.05.050 Shoreline use element goal and policies.
24.05.055 Economic development element goal and policies.
24.05.060 Circulation element goal and policies.
24.05.065 Public access element goal and policies.
24.05.070 Recreational element goal and policies.
24.05.075 Conservation element goal and policies.
24.05.080 Historical/cultural element goal and policies.
24.05.085 Urban design element goal and policies.
Part III—Environmental Designations
24.05.090 User guide.
24.05.095 Adoption criteria.
24.05.100 Map adopted by reference.
Part IV—Use Regulations
24.05.105 User guide.
24.05.110 Shoreline uses, developments and activities.
24.05.115 Flexibility with a conditional use permit.
24.05.120 General regulations—Environmentally sensitive areas.
24.05.125 General regulations—Historic and archeological resources.
24.05.130 General regulations—Parking.
24.05.135 General regulations—Public access.
24.05.140 General regulations—Land surface modification.
24.05.145 Use regulations—Detached dwelling units.
24.05.150 Use regulations—Attached and stacked dwelling units.
24.05.155 Use regulations—Restaurants.
24.05.160 Use regulations—Retail and office use.
24.05.165 Use regulations—Moorage structures and facilities.
24.05.170 Use regulations—Public parks.
24.05.172 Use regulations—Public access piers or boardwalks.
24.05.175 Use regulations—Utilities, government facilities and transportation systems.
24.05.180 Use regulations—Bulkheads and other shoreline protective structures.
24.05.185 Use regulations—Breakwaters.
24.05.190 Use regulations—Dredging.
24.05.195 Use regulations—Fill.
24.05.200 Special regulations—Authority of the city.
24.05.205 Special regulations—Mixed use development in Urban Mixed Use 2 Shoreline Environment.
24.05.210 Special regulations—Nonconformance.
Part V—Reserved
24.05.001 Organization of chapter.
This chapter is divided into the following four parts, consistent with the material to be included within a master program as established in WAC Ch. 173-16:
(1) Part I, Sections 24.05.005 through 24.05.035, contains basic and general information regarding the shoreline master program.
(2) Part II, Sections 24.05.040 through 24.05.085, contains the city’s goals and policies with respect to the seven program elements established in WAC Ch. 173-16.
(3) Part III, Sections 24.05.090 through 24.05.100, contains information regarding the different shoreline environments to be found within the city.
(4) Part IV, Sections 24.05.105 through 24.05.210, contains regulations that apply to the various uses, developments and activities that are regulated under the shoreline master program.
(5) Part V, Section 24.05.215 through the end of this chapter, contains appendices pertaining to this chapter. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
Part I—Introduction
24.05.005 User guide.
This part, Sections 24.05.005 through 24.05.035, contains basic information regarding the applicability of the shoreline master program, the relationship of the shoreline master program to other documents, and how to use the shoreline master program. It also contains the definitions that will be used throughout the shoreline master program. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.010 Adoption authority.
This chapter is adopted as the shoreline master program for the city. It is adopted under the authority of RCW Chapter 90.58 and WAC Chapter 173-16. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.015 Applicability.
The regulations of this chapter apply to all shorelines within the city and to the waters and underlying land of Lake Washington within the city. These regulations do not apply to any portion of a one-hundred-year floodplain in the city that does not otherwise meet the definition of “shoreline.” (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.020 Relationship to other codes and ordinances.
(a) General. Most of the uses, developments and activities regulated in this chapter are also covered by the Kirkland comprehensive plan, the Kirkland zoning code, the Kirkland building codes and various other provisions of city, state and federal laws. The applicant must comply with all applicable laws prior to commencing any use, development or activity.
(b) Relationship to the Kirkland Zoning Code. The Kirkland zoning code, Ordinance 2740, as amended, establishes specific and detailed regulations for most of the uses, development and activities regulated in this chapter. The Kirkland zoning code and this chapter are intended to operate together to produce coherent and thorough shoreline regulations. In all cases, uses, developments and activities must comply with both the Kirkland zoning code and the shoreline master program. If there is a conflict between the two, the more restrictive applies.
(c) Relationship to Lake Washington Regional Shoreline Goals and Policies. It is the intent of this shoreline master program to be consistent with the Lake Washington Regional Shoreline Goals and Policies as promulgated October 31, 1973 pursuant to WAC Chapter 173-28 which established Lake Washington as a region pursuant to the state Shoreline Management Act. However, if there is a conflict between the two, this shoreline master program applies. (Refer to complete text in Part V, Section 24.05.230.) (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.025 Procedures.
Please see Chapter 24.06 for the procedures that the city will use to administer, implement and enforce the shoreline master program within the city, including the procedures that apply to substantial development permits, shoreline conditional use permits, and shoreline variances. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.030 Policies and regulations.
It is the intent of the city that regulations contained within Part IV of this chapter are mandatory in nature and that a use, development or activity is not allowable unless it specifically complies with each applicable provision within Part IV. The goals and policies in Part II of this chapter are intended to form the policy for shoreline uses, developments and activities, as the basis of the regulations in Part IV and to assist the city in determining whether to grant, modify and grant, or deny each proposed use, development and activity. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.035 Definitions.
(a) Adoption by Reference. The definitions in RCW Chapter 90.58 and WAC Chapters 173-14 and 173-16 as now or hereafter established are adopted by reference and apply to this chapter and Chapter 24.06 unless, from the context, another meaning is clearly intended.
(b) Additional Definitions. In addition to the definitions adopted by reference above, the following definitions apply throughout this chapter and Chapter 24.06 unless, from the context, another meaning is clearly intended:
(1) “Abandoned” means knowing relinquishment of right or claim to the subject property or structure on that property.
(2) “Accessory” means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.
(3) “Alteration” means a change or rearrangement of the structural members or exits in a building; an increase in the height or length or depth of the exterior walls of a building; the movement of a structure from one location to another; or, for office or commercial buildings, the changing by the use of partitions of more than one-third of the gross floor area of a single floor.
(4) “Applicant” means a person who applies for any permit or approval to do anything governed by this code, and who is the owner of the subject property; the authorized agent of the owner, or the city.
(5) “Average grade level” means the average elevation of the topography prior to any development activity, at the center of all exterior walls of a building or structure.
Formula:
Average Grade Level =
(Midpoint Elevation) x (Length of Wall Segment)
+ (Midpoint Elevation) x (Length of Wall Segment)
(Length of Segment) + (Length of Segment)
(See Part V, Section 24.05.220)
(6) “Average parcel depth” means the average of the distance from the high waterline to the street providing direct access to the subject property, as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the high waterline of the subject property and the quarter points of the high waterline of the subject property. See Part V, Section 24.05.225.
(7) “Average parcel width” means the average of the distance between side property lines as measured along the high waterline and the front property line.
(8) “Backfill” means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation.
(9) “Building” means a roofed structure used for or intended for human occupancy.
(10) “Bulkhead” means a wall or embankment used for retaining earth.
(11) “City” means the city of Kirkland, a municipal corporation.
(12) “Comprehensive plan” means the land use policies plan of the city.
(13) “Contour line” means the interconnection of points having the same height above sea level.
(14) “Cross section (drawing)” means a visual representation of a vertical cut through a structure or any other three-dimensional form.
(15) “Dedication” means the deliberate appropriation of land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted.
(16) “Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling, dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level.
(17) “Development permit” means any permit or approval under this code or the Uniform Building Code that must be issued before initiating a use or development activity.
(18) “Dredging” means removal of earth and other materials from the bottom of a body of water or from a wetland.
(19) “Dredging spoils” means the earth and other materials removed from the floor of a body of water or a wetland by the dredging process.
(20) “Dry land” means the area of the subject property landward of the high waterline.
(21) “Dwelling unit” means one or more rooms providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking and sanitation.
(22) “Dwelling unit, attached” means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or uses above or below it.
(23) “Dwelling unit, detached” means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use.
(24) “Dwelling units, stacked” means a dwelling unit that has one or more horizontal walls in common with or adjacent to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses.
(25) “Easement” means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.
(26) “Erosion and deposition” means the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water.
(27) “Excavate” or “excavation” means the mechanical removal of soils and/or underlying strata.
(28) “Exempt from substantial development permit” means developments set forth in WAC 173-14-040 which do not meet the definition of substantial development under RCW 90.58.030(3)(e) (see subsection (75) of this section).
(29) “Fill material” means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground.
(30) “Government facility” means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this code.
(31) “High waterline” means, where the ordinary high water mark cannot be found, the line where the water meets the land when the water level of Lake Washington is 21.8 feet above mean sea level based on the Corps of Engineers Datum Point. High waterline shall be construed to be the same as Ordinary High Water Mark (OHWM), as defined in WAC 173-22-030(6).
(32) “Hotel” or “motel” means a single building or a group of buildings containing individual sleeping units intended for transient occupancy.
(33) “Improvement” means any structure or manmade feature.
(34) “Inner harbor line” means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution (see Part V, Section 24.05.215).
(35) “Land surface modification” means the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in Chapter 9.12 of this code shall not be deemed to be land surface modifications.
(36) “Land use policies plan” means Ordinance 2346 as amended or, if repealed, its successor document, listing the goals and policies regarding land use within the city.
(37) “Landscaping” means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation.
(38) “Landward” means toward dry land.
(39) “Lot” means a fractional part of subdivided land, or a parcel of unsubdivided land having common ownership that has fixed boundaries and is not divided by an existing right-of-way.
(40) “Master plan” means a complete development plan for the subject property, showing placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation.
(41) “Mean sea level” means the level of Puget Sound at zero tide as established by the US Army Corps of Engineers.
(42) “Moorage facility” means a pier, dock, buoy or other structure providing docking or moorage space for waterborne craft.
(43) “Nonconformance” means any use, structure, lot, condition, activity or any other feature or element of private property, or the use or utilization of private property that does not conform to any of the provisions of this code or that was not approved by the city through the appropriate decisionmaking process required under this code.
(44) “Office use” means a place of employment providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises, real estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of “office”: banks, loan companies and similar financial institutions.
(45) “Official newspaper of the city” means the publication designated by ordinance or resolution to contain official newspaper publications for city government.
(46) “Official notification boards of the city” means the bulletin boards in the public areas of City Hall and the Kirkland Public Library.
(47) “Open space” means land not covered by buildings, roadways, parking areas or surfaces through which water cannot percolate into the underlying soils.
(48) “Ordinary high waterline” means the same as “high waterline.”
(49) “Oriented” means facing or directed toward.
(50) “Outer harbor line” means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution (see Part V, Section 24.05.215).
(51) “Parking area” means any area designated and/or used for parking vehicles.
(52) “Parking space” means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.
(53) “Pedestrian orientation” pertains to facilities which encourage pedestrian movement and are designed and oriented toward use by pedestrians.
(54) “Planning department” means the department of community development of the city of Kirkland.
(55) “Planning director” means the director of the department of community development of the city of Kirkland or the acting director of that department.
(56) “Planning official” means the director of the department of community development or his/her designee.
(57) “Property lines” means those lines enclosing a lot and those lines defining a recorded vehicular access easement. The following are categories of property lines:
(A) “Front property line” is any property line that is adjacent to a street or easement more than twenty feet in width, except that neither Burlington Northern right-of-way nor the I-405 right-of-way shall be considered front property lines.
(B) “Rear property line” is any property line that is farther from and essentially parallel to a front property line except on a lot which contains two or more front property lines; or any property line that is adjacent to a street, alley or easement twenty feet or less in width.
(C) “Side property line” is any property line other than a front property line or a rear property line.
(D) “High waterline” is defined separately in this chapter.
(58) “Public access” means a portion of private property subject to an easement giving the public the right to stand on or traverse this portion of the property.
(59) “Public access pier” or “boardwalk” means an elevated structure which is constructed waterward of the high waterline and intended for public use.
(60) “Public park” means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people.
(61) “Public use area” means a portion of private property that is dedicated to public use and which contains one or more of the following elements: benches, tables, lawns, gardens, piers, exercise or play equipment or similar improvements or features. These elements are to provide the public with recreational opportunities in addition to the right to traverse or stand in this area.
(62) “Public utility” means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services include, but are not limited to, water supply, electric power, telephone, cablevision, gas and transportation for persons and freight.
(63) “Required yard” means those areas adjacent to and interior from the property lines and involving the following designations (if two required yards are coincidental, the yard with the greater dimensions shall predominate):
(A) Front: that portion of a lot adjacent to and parallel with any front property lines and at a distance therefrom equal to the required front yard depth.
(B) Rear: that portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth.
(C) Side: that portion of a lot adjacent to and parallel with the side property line and at a distance therefrom equal to the required side yard depth. All yards not otherwise categorized shall be designated side yards.
(D) High waterline yard: that portion of a lot adjacent to and parallel with the high waterline and at a distance landward therefrom equal to the required high waterline yard depth.
(64) “Restaurant” or “tavern” means a commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally offers accommodations for consuming the food or beverage on the premises.
(65) “Retail establishment” means a commercial enterprise which provides goods or services directly to the consumer and whose goods are available for immediate purchase and removal from the premises by the purchaser or whose services are traditionally not permitted within an office use.
(66) “Right-of-way” means land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices.
(67) “Shoreline conditional use” means a use or development which is specifically listed by this master program as a conditional use within a particular shoreline environment or a use which is not addressed by this master program within any shoreline environment.
(68) “Shoreline master program” means the ordinance adopted under the authority of RCW Chapter 90.58 and codified in this chapter.
(69) “Shoreline variance” means a procedure to grant relief from the specific bulk, dimensional or performance standards set forth in this master program, and not a means to allow a use not otherwise permitted within a shoreline environment.
(70) “Silt” or “sediment” means the soil particles mobilized and deposited by the processes of erosion and deposition.
(71) “Street” means a right-of-way or a private roadway.
(72) “Structure” means anything which is built or constructed, an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner.
(73) “Structural alterations” means any change in the supporting member of a building or structure.
(74) “Subject property” means the entire lot, series of lots or parcels on which a development or use is located or will locate and that is otherwise subject to the provisions of this code.
(75) “Substantial development” means any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this master program:
(A) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements;
(B) Construction of the normal protective bulkhead common to single-family residences;
(C) Emergency construction necessary to protect property from damage by the elements;
(D) Construction and practices normal or necessary for farming, irrigation and ranching activities, including agriculture service roads and utilities on wetlands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the wetlands by leveling or filling, other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;
(E) Construction or modification of navigational aids such as channel markers and anchor buoys;
(F) 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 not exceed a height of thirty-five 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;
(G) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences, the cost of which does not exceed two thousand five hundred dollars;
(H) Operation, maintenance or construction of canals, waterways, drains, reservoirs or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands;
(I) The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;
(J) Operation and maintenance of any system of dikes, ditches, drains or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system.
(76) “Use, development and/or activity” means “development” as that term is defined in RCW Chapter 90.58. “Use” also means the nature of the activities taking place on private property or within structures thereon.
(77) “Waterward” means toward the body of water.
(78) “Wetlands” means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology; provided, that any county or city may determine that portion of a one-hundred-year flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom. “Wetlands” also includes associated wetlands as defined in WAC 173-22-030.
(79) “Zoning code” means Ordinance 2740, Title 23 of this Kirkland Municipal Code, as amended or, if repealed, its successor document. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
Part II—Goals and Policies
24.05.040 User guide.
This part, Sections 24.05.040 through 24.05.085, establishes goals and policies for uses, developments and activities on the shorelines of the city. These goals and policies are categorized under the topic headings established in WAC Ch. 173-16. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.045 Adoption by reference.
The city adopts the policies enunciated in RCW 90.58.020. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.050 Shoreline use element goal and policies.
(a) Goal. It is the goal of the city to allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development to meet the needs of the city and its residents.
(b) Policies.
(1) Environmentally sensitive areas should be strictly protected and use of these areas should be prohibited or severely limited.
(2) New uses and developments in shoreline areas that have established and desirable development patterns should be consistent and compatible with what presently exists.
(3) Areas of the shoreline without established development patterns and which are not unique or fragile should allow for a wide range of development options consistent with the Kirkland zoning code within established limits to protect the public interest.
(4) Over-water structures other than docks, piers, breakwaters and other similar structures should be prohibited. Water-dependent uses should have priority over non-water-dependent uses in the shoreline area. Nonetheless, uses such as drydocks, boat yards and similar marine enterprises are incompatible with the character of the shoreline area and should not be permitted.
(5) Uses in shoreline areas should not degrade water quality nor disrupt any more than is essential the land covered by water and the land area adjacent to the high water line. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.055 Economic development element goal and policies.
(a) Goal. It is a goal of the city to allow for commercial development in specific and limited shoreline areas. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses.
(b) Policies.
(1) Commercial uses in shoreline areas should only be permitted where compatible with existing shoreline and upland development or where land can be aggregated to minimize the impacts from the commercial use.
(2) Commercial uses should only be permitted where the infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial development.
(3) The nature of commercial development which is permitted in shoreline areas should enhance the opportunity for the public to take advantage of shoreline amenities. Uses that support or enhance the opportunity for public access to the shoreline should be encouraged. This might include uses wherein the public can view and enjoy the aesthetic qualities of the shoreline, lake and vista beyond.
(4) Commercial uses should not be permitted in any unique or fragile area, unless the impacts to this area are mitigated.
(5) In shoreline areas where large amount of land can be aggregated, some degree of flexibility is appropriate to allow for innovative and planned site design within parameters established by the city. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.060 Circulation element goal and policies.
(a) Goal. It is the goal of the city to provide for the safe and efficient movement of vehicles and pedestrians within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area.
(b) Policies.
(1) Lake Washington Boulevard and Lake Street South, which provide access to and through much of the city’s shoreline area, should be designed and regulated to safely accommodate the vehicular and pedestrian traffic using this corridor, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Lake Washington Boulevard and Lake Street South.
(2) Pedestrian and bicycle movement on and off roadways in the shoreline area should be encouraged wherever feasible.
(3) Many shoreline areas of the city are served only by minor roadways providing access to a small number of uses, and not allowing for through traffic. This present pattern should continue.
(4) Where new roadways are needed to serve uses in the shoreline area, these roadways should be the minimum necessary to provide safe and efficient access, including access for emergency vehicles, to the properties to be served.
(5) Moorage or parking for float planes or helicopters should not be permitted in the shoreline area.
(6) Priority consideration of the use of Lake Washington Boulevard and Lake Street South should be given to those uses which are adjacent to Lake Washington Boulevard and Lake Street South. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.065 Public access element goal and policies.
(a) Goal. It is a goal of the city to provide the maximum reasonable opportunity for the public to view and enjoy the amenities of the shoreline area.
(b) Policies.
(1) Public pedestrian access along the water’s edge of all shoreline development, other than single-family residential or where unique and fragile shoreline areas would be adversely affected, should be required of all developments.
(2) All developments required to provide public pedestrian access along the water’s edge should connect this access to the right-of-way unless access to the water’s edge can easily be gained via existing access points.
(3) All developments required to provide public pedestrian access should be designed to visually and physically separate the public pedestrian access from adjacent private spaces. The separation may be accomplished vertically, horizontally, or by placing an intervening structural or landscape buffer.
(4) In shoreline areas south of the Urban Mixed I Shoreline Environment, development should be controlled to allow for or enhance substantial visual openness from the frontage road to and beyond Lake Washington.
(5) The city should use street ends and other publicly owned or controlled land within the shoreline area as a means of providing additional public access to shoreline areas.
(6) South of the Urban Mixed I Shoreline Environment, the public right-of-way of Lake Street South and Lake Washington Boulevard should be developed to accommodate a pedestrian promenade. The promenade should consist of widened sidewalks, amenities such as benches or shelters and public sign systems identifying crosswalks, historic or scenic features, jogging trails, public parks and access easements.
(7) The city may establish or permit the establishment of reasonable limitations on the time, extent, and nature of public access in order to protect the natural environment and the rights of others.
(8) The city should seek to complete a public pedestrian walkway along the shoreline from Juanita Bay Park to Juanita Beach Park. This walkway should be a required condition of all development, other than single-family residential; or, where appropriate, the city may utilize public funds to complete improvements within the public pedestrian walkway. The walkway should consist of the continuance of the existing causeway. It should be designed so as to cause the least impact to these environmentally sensitive wetland areas and to private property. Their design may include portions elevated over wetlands or extended over the water. The walkway should include amenities such as benches or shelters, public sign systems, and information kiosks identifying the two public parks, historic or scenic features, jogging and bicycle trails, and access easements. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.070 Recreational element goal and policies.
(a) Goal. It is a goal of the city to provide substantial recreational opportunities for the public in shoreline areas.
(b) Policies.
(1) The city should continue its aggressive program to acquire and develop park land within shoreline areas. The city should also, where feasible, develop street ends within the shoreline area to provide for public recreation. The nature and extent of the recreation opportunities provided within the various lands in the shoreline area owned or controlled by the city depends on the nature of the area involved, the amenities and natural resources to be found in that area, the location of the area and the needs of the community.
(2) Large or intensive private developments within the shoreline area should be required to provide some public recreation amenities, beyond public pedestrian access along the water’s edge. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.075 Conservation element goal and policies.
(a) Goal. It is a goal of the city to protect and enhance unique and fragile areas of flora and fauna and scenic vistas to help assure the continued availability of these resources for future generations.
(b) Policies.
(1) Large, relatively undisturbed areas of wetland are located at the north and south ends of the city. The city should, through acquisition and regulatory means, work to maintain these environmentally sensitive areas for present and future generations.
(2) Development in shoreline areas should be managed so that impacts on aquatic and land plants and animals are minimized.
(3) Where possible, steps should be taken to enhance the shoreline area as a spawning ground for salmon and other species of fish and aquatic life. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.080 Historical/cultural element goal and policies.
(a) Goal. It is a goal of the city to identify and preserve those areas of the shoreline that are of scientific, educational or historic value.
(b) Policies.
(1) There are strong indications that a Native American village may have existed, perhaps even as late as the early part of the twentieth century, somewhere in the Yarrow Bay area. Steps should be taken to identify, recover and preserve any artifacts or other resources that may exist in this area.
(2) Wherever feasible, shoreline development should recognize the former use of much of the city’s shoreline area for such uses as boat yards, ferry landings and industrial sites.
(3) The large, relatively undisturbed areas of Yarrow Bay and Juanita Bay should be preserved for, amongst other reasons, their educational and scientific value. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.085 Urban design element goal and policies.
(a) Goal. It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, and enhances the waterfront.
(b) Policies.
(1) The shoreline area within and south of the Urban Mixed I Shoreline Environment is one of the most scenic areas of the city. It also, to a large extent, establishes the visual identity of Kirkland. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity of the public to enjoy the scenic quality of the shoreline.
(2) Projects should be encouraged to provide “street furniture,” landscaping and other amenities within or adjacent to the right-of-way of Lake Street South and Lake Washington Boulevard to complement the pedestrian promenade along the shoreline. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
Part III—Environmental Designations
24.05.090 User guide.
This part, Sections 24.05.090 through 24.05.100, establishes the different environmental designations for the various shoreline areas of the city. Part IV of this chapter then establishes different regulations that apply in these different environmental designations. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.095 Adoption criteria.
(a) General. Different areas of the city’s shoreline have radically different natural characteristics and development patterns. As a result, different environmental designations are needed to properly regulate shoreline uses, developments and activities.
(b) Environmental Designations. The city establishes the following environmental designations based on the characteristics and factors listed.
(1) Conservancy Environment. These are characteristically large undeveloped or sparsely developed areas exhibiting some natural constraints such as wetland conditions, frequently containing a variety of flora and fauna and in a natural or seminatural state.
(2) Suburban Residential Environment. These are areas typified by single-family residential development medium sized or larger lots in areas where topography, transportation systems and development patterns make it extremely unlikely that more intensive use would be appropriate.
(3) Urban Residential Environment. These are areas containing, for the most part, single-family residential uses on small lots and multifamily residential developments, with some land being used for restaurants, marinas, and other commercial uses which depend on or benefit from a shoreline location.
(4) Urban Mixed Use Environment. The two types of areas which are appropriate for this classification are as follows:
(A) Areas which have been intensively developed with a mix of residential and commercial uses;
(B) Large mostly undeveloped areas without serious environmental constraint and with good access which will allow for more intensive mixed use development. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.100 Map adopted by reference.
The map identified in Part V, Section 24.05.215, is adopted as the official map of the city designating the various shoreline environments within the city. These designations may be changed, from time to time, by city council, with the approval of the Department of Ecology in a manner consistent with other amendments to a shoreline master program. This map also generally shows the landward limit of the area within the city that is subject to the jurisdiction of the Shoreline Management Act and this chapter; provided, however that this map in no way increases or decreases the areas subject to the Shoreline Management Act and this chapter which are:
(1) All lands covered by Lake Washington; and
(2) All lands within two hundred feet of the ordinary high waterline of Lake Washington, and
(3) All marshes, bogs and swamps as designated and mapped by the Department of Ecology using the provisions of RCW 34.04.025. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
Part IV—Use Regulations
24.05.105 User guide.
This part, Sections 24.05.105 through 24.05.210, contains regulations that apply to all uses, developments and activities in the shoreline area. This part also establishes which uses, developments and activities are permitted in which shoreline environments. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.110 Shoreline uses, developments and activities.
(a) General. The chart referenced in subsection (b) of this section establishes which uses, developments, and activities are permitted in which of the shoreline environments. This chart also establishes which uses, developments and activities require the issuance of a conditional use permit.
(b) Chart. Chart 24.05.110 establishes the uses, developments and activities which may take place or be conducted within the various shoreline environments as well as the required permit for each. Those uses, developments and activities listed are allowed only if consistent with all pertinent provisions of this part. If a use, development or activity is not listed in Chart 24.05.110, it is not permitted, except as provided in Sections 24.05.115 through 24.05.210 or as provided in RCW 90.58.030. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.115 Flexibility with a conditional use permit.
In addition to the uses, developments and activities listed in Section 24.05.110 as permitted in the various shoreline environments, any uses, developments or activities may be approved through the issuance of a conditional use permit if all the following conditions are met:
(1) The use, development or activity is compatible with existing and permitted uses, developments or activities within the same shoreline environment.
(2) No increase in structure height is approved under this section.
(3) No industrial use is approved under this section.
(4) Complies with the criteria set forth in Section 173-14-140(1)(a-e) of the Washington Administrative Code. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.120 General regulations—Environmentally sensitive areas.
(a) Location. Environmentally sensitive areas include steep slopes; marshes, bogs and swamps; floodplains; streams; spawning beaches; and other areas exhibiting serious constraints on development and/or significant possibility of biotic productivity.
(b) Development Limitations. All uses, developments and activities on sites containing environmentally sensitive areas must comply with all applicable local, state and federal laws pertaining to development in these areas. In addition, the site must be specifically designed so that the hazards from or impact on the environmentally sensitive area will be mitigated.
(c) Additional Authority. In addition to any other authority the city may have, the city is authorized to condition or deny a proposed use, development or activity or to require site redesign because of hazards associated with the use, development or activity on or near an environmentally sensitive area and/or the effect of the proposal on the environmentally sensitive area. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.125 General regulations—Historic and archeological resources.
(a) General. Uses, developments and activities on sites of historic or archeological significance or sites containing things of historic or archeological significance must not unreasonably disrupt or destroy the historic or archeological resource.
(b) Resource Recovery. Wherever possible, things of historic or archeological significance should be properly explored, cataloged and recovered by qualified individuals prior to any disruptive development, use or activity occurring on the subject property. If items of historic or archeological significance are discovered after a use, development or activity has commenced, all activity must cease until proper disposition, including resource recovery, can be made of the significant items.
(c) Site Design. The city may require that a site be redesigned or that development be postponed for a definite or indefinite period if this is reasonably necessary to protect a historic site or items of historic, archeological or cultural significance. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.130 General regulations—Parking.
(a) Off-Street Parking Required. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property.
(b) Access. The city will determine the number, location and design of all curb cuts and other points of ingress and egress between the subject property and public rights-of-way.
(c) Design and Layout. Parking layouts must be designed efficiently to use the minimum amount of space necessary to provide the required parking and safe and reasonable access. Wherever possible, parking should be located out of the shoreline area and should not be located between the building or buildings on the subject property and Lake Washington. Exterior parking areas, other than for detached dwelling units, must be attractively landscaped with vegetation that will not obstruct views of the lake from the public right-of-way. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.135 General regulations—Public access.
(a) General. Except as listed in subsection (b) of this section, all uses, developments and activities must provide public pedestrian access from the right-of-way to and along the entire waterfront of the subject property at or close to the high waterline. Developments required to provide public access should be designed to visually and physically separate the public pedestrian access from adjacent private spaces. Access to the waterfront may be waived by the city if public access along the waterfront of the subject property can be reached from adjoining property.
(b) Exceptions. The following uses, developments and activities are exempt from providing public pedestrian access under this section:
(1) The construction, repair, remodeling and use of one detached dwelling unit, as well as the construction, remodeling, repair and use of bulkheads, docks, and other uses, developments and activities incidental to the use of the subject property as habitation for one family.
(2) All uses, development and activity in conservancy environments, or environmentally sensitive areas where the city determines that access would create distinct and unavoidable hazards to human safety or be contrary to city policies regarding the protection of unique and fragile environments.
(c) Special Provisions for Plats and Short Plats. Except in the suburban residential shoreline environment, all plats and short plats must be designed to provide public pedestrian access as stated in subsection (a) of this section.
(d) Public Use Facilities.
(1) In addition to the public pedestrian areas required by subsection (a) of this section, the applicant may propose and/or the city may require that benches, picnic tables, a public access pier or boardwalk, or other public use facilities be constructed on the subject property.
(2) If public use facilities are required or proposed, the city will determine the size, location and other regulations for it on a case-by-case basis.
(e) Timing. The public pedestrian access required by this section must be completed and available at the time of occupancy or completion of work; provided, however, that the city may on a case-by-case basis defer the physical availability of public access in the following cases:
(1) If shoreline development without public pedestrian access exists on both sides of the subject property and the city determines that the size, location and topography of the subject property does not warrant making public waterfront access available until additional adjacent waterfront access can be obtained.
(2) If preexisting improvements on the subject property physically preclude the provision of public waterfront access within a reasonable period of time.
(f) Easements Recorded. In each case where public pedestrian access is required, whether it is physically available at the end of development or deferred until a later date, all owners of the subject property must record an appropriate easement approved by the city attorney establishing the right of the public to this access.
(g) Signs and Regulations. The city shall require the posting of signs, obtained from the city, designating public pedestrian access. The director of the department of planning and community development is authorized to establish reasonable rules and regulations governing the public’s use of public pedestrian access and use areas under this chapter. Where appropriate, these rules and regulations shall be included within the documents recorded under subsection (f) of this section. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.140 General regulations—Land surface modification.
(a) General. The regulations of this section apply to proposed land surface modifications landward of the high waterline. See Sections 24.05.185 and 24.05.195 of this chapter for regulations that apply to land surface modification waterward of the high waterline (dredging and filling) and Section 24.05.180 of this chapter regarding land surface modification incidental to the construction of a bulkhead or other shoreline protective structures.
(b) Land Surface Modification Within the High Waterline Yard. Land surface and modifications within the high waterline yard may be permitted only if no unique or significant natural area of flora or fauna will be destroyed and only for the following purposes:
(1) The land surface modification is proposed by a public agency to improve public safety, recreation or access.
(2) The land surface modification is part of a development on the subject property and is to improve access to a pier, dock or beach.
(3) The land surface modification is necessary to provide public pedestrian access or a public use area.
(4) The land surface modification is necessary for the structural safety of a structure.
(5) There has been severe and unusual erosion within the one year immediately preceding the application and the land surface modification is to restore the shoreline to its configuration prior to this erosion.
(c) Land Surface Modification Landward of the High Waterline Yard. Land surface modification landward of the high waterline yard is only permitted if it is necessary for an approved development or use of the subject property or if it is incidental to landscaping for an existing use on the subject property.
(d) Additional Regulations. All land surface modifications landward of the high waterline must comply with the following requirements:
(1) The land surface modification must be the minimum necessary to accomplish the underlying reason for the land surface modification.
(2) Care must be taken to not create any direct or indirect adverse impacts on any adjoining property or Lake Washington.
(3) All surfaces exposed during land surface modification must be revegetated or otherwise covered as quickly as possible to minimize erosion.
(4) During land surface modification activities techniques should be employed to prevent erosion and runoff onto adjacent properties or into Lake Washington.
(5) Except as is necessary during construction, dirt, rocks and similar materials may not be stockpiled on the subject property. If stockpiling is necessary during construction, it must be located as far as possible from the lake and strictly contained to prevent erosion and runoff.
(6) Material that will be deposited on the subject property must be clean and not contain organic or inorganic substances that could pollute Lake Washington or otherwise be detrimental to water quality or aquatic or shoreline habitats.
(7) The city may require that land surface modifications be engineered and/or supervised by an engineer or similarly qualified professional.
(e) Land Surface Modifications in Conservancy Shoreline Environments. Notwithstanding any other provision of this section, land surface modification in Conservancy Shoreline Environments should not be allowed unless:
(1) It is necessary to rehabilitate a stream or otherwise improve or enhance the natural environment; or
(2) It is proposed by a public agency as part of development or use of the subject property. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.145 Use regulations—Detached dwelling units.
(a) General. This section contains regulations pertinent to the development and use of a detached dwelling unit. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in Section 24.05.110 of this chapter to determine in which shoreline environments detached dwelling units are permitted.
(b) Permitted Use.
(1) The principal use permitted in this section is the use of the subject property and dwelling as a place of habitation for one family.
(2) In addition to the principal use listed above, accessory uses, developments and activities normally associated with a detached dwelling unit and residential occupancy are also permitted. This chapter contains specific regulations on bulkheads and other shoreline protective structures, moorage facilities, and other uses, developments and activities which may be conducted accessory to the principal use.
(c) Lot Size.
(1) The minimum lot sizes established below are based on the entire area of the subject property landward of the high waterline, not just the portion of the subject project within the jurisdiction of the Shoreline Management Act and this chapter.
(2) Except for preexisting lots, the minimum lot size for a detached dwelling unit is as follows:
(A) In the Suburban Residential Shoreline Environment, the minimum lot size is twelve thousand five hundred square feet of lot area landward of the high waterline.
(B) In the Conservancy 1 and 2 Shoreline Environments, the minimum lot size is thirty-five thousand square feet of lot area landward of the high waterline.
(C) In all other shoreline environments where detached dwelling units are permitted, the minimum lot size is three thousand six hundred square feet of lot area landward of the high waterline.
(d) Required Yards — Over Water Structures Prohibited. The regulations of this subsection establish the required yards for all buildings and other major structures associated with this use. No building or other major structure may be located within the following required yards:
(1) In the Suburban Residential Shoreline Environment the required yards are as follows:
(A) The front yard is twenty feet.
(B) The high waterline yard is the greater of either fifteen feet or fifteen percent of the average parcel depth.
(C) Notwithstanding any of the regulations in this subparagraph (d)(1), if dwelling units exist immediately adjacent both to the north and south of the subject property, the high waterline yard of the subject property is increased or decreased to be the average of the high waterline yards of these adjacent dwelling units. If the high waterline yard is increased as a result of these adjacent dwelling units, the required yard opposite the high waterline yard may be decreased to be the average of the yards of the properties immediately adjacent to the subject property on the north and south.
(D) The minimum dimension of any required yard other than listed above is five feet.
(2) In the Conservancy 2 Shoreline Environment the required yards are as follows:
(A) The front yard is twenty feet.
(B) The side yard is five feet, but two yards must equal at least fifteen feet.
(C) The rear yard is ten feet.
(D) The high waterline yard is one hundred feet from Lake Washington and fifty feet from the canal.
(3) In all other shoreline environments where detached dwelling units are permitted the required yards are as follows:
(A) The front yard for properties lying waterward of Lake Washington Boulevard, Lake Street South, 98th Avenue NE, or Juanita Drive is thirty feet; provided, however, that this distance may be reduced one foot for each one foot of this yard that is developed as a public use area if:
(i) Any portion of a structure that is within thirty feet of the front property line, is set back from the front property line by a distance greater than or equal to the height of that portion of the structure above the front property line; and
(ii) Substantially the entire width of this yard is developed as a public use area; and
(iii) The design of the public use area is specifically approved by the city.
(B) The front yard for properties lying east of Lake Washington Boulevard, Lake Street South, or 98th Avenue NE is twenty feet.
(C) The high waterline yard is the greater of fifteen feet or fifteen percent of the average parcel depth.
(D) The minimum dimension of any required yard other than as listed above is five feet.
(4) No structure regulated under this section may be located waterward of the high waterline. This chapter contains regulations on bulkheads and other shoreline protective structures, moorage facilities and other components which may be accessory to this use located waterward of the high waterline. In addition, floating homes are not permitted, nor may boats or other water craft be used as dwelling units.
(e) Minimum View Corridor Required. For properties lying waterward of Lake Washington Boulevard or Lake Street South, a minimum view corridor of thirty percent of the average parcel width must be maintained. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas and landscaping will be allowed, provided that they do not obscure the view from these rights-of-way to and beyond Lake Washington.
(f) Height.
(1) In the Suburban Residential and Conservancy I Shoreline Environments, the height of a structure associated with this use may not exceed twenty-five feet above average grade level.
(2) In all other shoreline environments wherein detached dwelling units are permitted, the height of structures associated with this use may not exceed thirty feet above average grade level. (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.150 Use regulations—Attached and stacked dwelling units.
(a) General. This section contains regulations pertinent to the development and use of attached and stacked dwelling units. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in Section 24.05.110 of this chapter to determine in which shoreline environments attached and stacked dwelling units are permitted.
(b) Permitted Use.
(1) The principal use permitted under this section is as dwelling units that are physically connected or attached to each other.
(2) In addition to the principal use listed above, accessory uses, developments and activities normally associated with residential development and use are also permitted. This chapter contains specific regulations on bulkheads and other shoreline protective structures, moorage facilities, and other uses, developments and activities which may be conducted accessory to the principal use.
(c) Lot Size.
(1) The minimum lot sizes established below are based on the entire area of the subject project landward of the high waterline, not just the portion of the subject property within the jurisdiction of the Shoreline Management Act and this chapter.
(2) Minimum lot size in the Urban Mixed Use 1 Shoreline Environment is seven thousand two hundred square feet of lot area landward of the high waterline, with at least one thousand eight hundred square feet of lot area landward of the high waterline per dwelling unit.
(3) Minimum lot size in the Urban Mixed Use 2 Shoreline Environment is seven thousand two hundred square feet of lot area landward of the high waterline, with at least three thousand six hundred square feet of lot area landward of the high waterline per dwelling unit.
(4) Minimum lot size in the Conservancy 2 Shoreline Environment is thirty-five thousand square feet of lot area landward of the high waterline, with at least thirty-five thousand square feet of lot area landward of the high waterline per dwelling unit.
(5) The minimum lot size for this use in all other shoreline environments where stacked and attached dwelling units are permitted is three thousand six hundred square feet of lot area landward of the high waterline with at least three thousand six hundred square feet of lot area landward of the high waterline per dwelling unit.
(d) Required Yards — Over Water Structures Prohibited. The regulations of this subsection establish the required yards for all buildings and other major structures associated with this use. No building or other major structure may be located within the following required yards:
(1) The required yards in the Urban Mixed Use 1 Shoreline Environment are as follows:
(A) The front property line yard is zero; provided, however, that any portion of a structure that exceeds a height of thirty feet above average grade level must be set back from the front property line one foot for each five feet that portion exceeds thirty feet in height above average grade level.
(B) The high waterline yard is the greater of fifteen feet or fifteen percent of the average parcel depth; provided, however, balconies at least fifteen feet above finished grade may extend up to four feet into the high waterline yard.
(C) The minimum dimension of any required yard other than as listed above is zero.
(2) In the Conservancy 2 Shoreline Environment the required yards are as follows:
(A) The front yard is twenty feet.
(B) The side yard is five feet, but two yards must equal at least fifteen feet.
(C) The rear yard is ten feet.
(D) The high waterline is one hundred feet from Lake Washington, and fifty feet from the canal.
(3) In all other shoreline environments where stacked and attached dwelling units are permitted, the required yards are as follows:
(A) The front yard for properties lying waterward of Lake Washington Boulevard, Lake Street South, 98th Avenue Northeast, or Juanita Drive is thirty feet; provided, however, that this distance may be reduced one foot for each one foot of this yard that is developed as a public use area if:
(i) Any portion of a structure that is within thirty feet of the front property line is set back from the front property line by a distance greater than or equal to the height of that portion of the structure above the front property line;
(ii) Substantially the entire width of this yard (from north to south property lines) is developed as a public use area; and
(iii) The design of the public use area is specifically approved by the city.
(B) The front yard for properties east of Lake Washington Boulevard, Lake Street South, or 98th Avenue NE is twenty feet.
(C) The high waterline yard is the greater of fifteen feet or fifteen percent of the average parcel depth.
(D) The minimum dimension of any required yard other than as listed above is five feet.
(4) No structure regulated under this section may be located waterward of the high waterline. This chapter contains regulations on bulkheads and other shoreline protective structures, moorage facilities and other components which may be accessory to this use located waterward of the high waterline. In addition, floating homes are not permitted, nor may boats or other water craft be used as dwelling units.
(e) Minimum View Corridor Required. For properties lying waterward of Lake Washington Boulevard, Lake Street South, 98th Avenue NE, or Juanita Drive, a minimum view corridor of thirty percent of the average parcel width must be maintained. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas and landscaping will be allowed, provided that they do not obscure the view from these rights-of-way to and beyond Lake Washington.
(f) Height.
(1) In the Urban Mixed Use 1 Shoreline Environment, structures may not exceed forty-one feet in height above average grade level.
(2) In the Conservancy 2 Shoreline Environment, structures may not exceed twenty-five feet above average grade level, except that the height of a structure may extend up to sixty feet above average grade if the structure does not exceed a plane that starts 3.5 feet above the outside westbound lane of SR-520 and ends at the high waterline of Lake Washington, excluding the canal, and, pursuant to RCW 90.58.320, an overriding public interest will be served.
(3) In all other shoreline environments where stacked and attached dwelling units are permitted, structures may not exceed thirty feet in height above average grade level; provided, however, the height of a structure may be increased to thirty-five feet above average grade level if the increase does not impair the views of the lake from properties east of Lake Street South and Lake Washington Boulevard. The height of a structure which is part of a mixed use development in the Urban Mixed Use 2 Environment shall be subject to the requirements of Section 24.05.205(e). (Ord. 3153 § 1 (part), 1989: Ord. 2938 § 1 (part), 1986)
24.05.155 Use regulations—Restaurants.
(a) General. This section contains regulations pertinent to the development and use of restaurants. These regulations are founded on the goals and policies established in Part II of this chapter. Please see the chart contained in Section 24.05.110 of this chapter to determine in which shoreline environments restaurants are permitted.
(b) Permitted Use.
(1) The principal use permitted in this section is a retail establishment which sells prepared food and beverages, generally with accommodations for consuming the food and beverage on the premises. Drive-through and drive-in facilities are not permitted.
(2) In addition to the principal use listed above, accessory uses, developments and activities normally associated with restaurant uses are also permitted. This chapter contains regulations on bulkheads and other shoreline protective structures, moorage facilities, and other uses, developments and activities which may be conducted accessory to the principal use.
(c) Lot Size.
(1) In Urban Mixed Use 1 Shoreline Environment there is no minimum lot size for this use.
(2) In Urban Mixed Use 2 Shoreline Environment see Section 24.05.205 of this chapter.
(3) In Urban Residential 1 Shoreline Environment the minimum lot size for this use is seven thousand two hundred square f