ORDINANCE NO. 394

 

 

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON ACCEPTING THE SHORELINE MASTER PROGRAM UPDATE DRAFT.

Whereas, the Town has in existence a Shoreline Master Program, and

 

 

Whereas, the Town desires to update their Shoreline Master Program and held a public hearing on June 6, 2000, and

Whereas, the updated Shoreline Master Program draft is to be submitted to the Washington State Department of Ecology, and

Whereas, the Shoreline Master Program Update draft is consistent with the Town's Comprehensive Plan and has no adverse environmental affect.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1:, The Town hereby accepts the Shoreline Master Program Update Draft attached hereto and incorporated by reference as Exhibit "1".

Section 2: That the Town Clerk is requested to transmit a copy of the Shoreline Master Program Update Draft to the Washington State Department of Ecology on or before June 15, 2000.

Section 3: If any provision of this ordinance, or the Shoreline Master Program Update Draft attached hereto is determined to be invalid or unenforceable for any reason,


the remaining provisions of this ordinance, and/or the Shoreline Master Program Update Draft shall remain in force and affect.

Section 4: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Layne Ross

INTRODUCED  6-13 -2000

PASSED:   6-13-2000

APPROVED: 6-13- 2000

PUBLISHED: 6-21-2000

Attested:

 

Marla Nevill Town Clerk

Approved as to form:

Michael J. Reynolds Town Attorney



PART I GENERAL


Chapter 15.04
DEFINITIONS


DRAFT


These definitions are based, in part, on the changes in Department of Ecology's proposed Shoreline Master Program guidelines dated December 17, 1999. Definition given for the terms in this Master Program apply only to their use under the jurisdiction of this Master Program as defined in Chapter 90.58 RCW. Some terms may have different definitions and applications under other regulations and ordinances.

 

These definitions will be made part of the Town of South Prairie Unified Development Ordinance, Chapter 15.04.020. The definitions will be merged in alphabetical order with definitions already in the Ordinance. If duplicative definitions appear, the Town Planner's interpretation shall prevail, unless appealed to the Town Council and changed by the Town Council.

 

When not consistent with the context, words used in the present tense shall include the future, the singular shall include the plural, and the plural shall include the singular. The word "shall" means mandatory, the word "should" means recommend by but not required, and the word "may" means permissive. For the purpose of this Master Program, certain words and terms shall be interpreted or defined as follows:

 

 

15.04.020         Definitions

 

Accessory use: A use that is demonstrably subordinate and incidental to the principle use and which functionally supports its activity.

 

Act: The Washington State Shoreline Management Act (Chapter 90.58 RCW), as amended.

Advertising: Publicly displayed messages or signs, billboards, placards, or buildings that direct attention to promotion of a business, service, or product. On-premise advertising is that which is actually located on the site of the business or service advertised.

 

Agriculture: The cultivation of soil, production of crops, or the raising of livestock.


PART I GENERAL

Applicable Master Program: The Master Program approved or adopted by the Washington State Department of Ecology pursuant to Chapter 90.58.090 RCW or Chapter 90.58.190 RCW.

 

Aquatic: All water bodies, including marine waters, lakes, rivers, and streams and their respective water columns and underlying lands, which are defined as shorelines of the state.

 

Archaeology: The systematic recovery by scientific methods of material evidence remaining from man's life and culture in past ages, and the detailed study of this evidence.

 

Associated wetlands: Those marshes, bogs, swamps and similar water retention areas that are in proximity to and influence or are influenced by streams, rivers, lakes, or tidal waters (Chapter 173-22-030(5) WAC).

 

Average grade level: The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property that will be directly under the proposed building or structure. In the case of structures to be built over the water, the average grade level shall be the elevation of the ordinary high water. The calculation of the average grade level shall be made by averaging the elevations at the midpoint of the proposed building or structure

 

Berms: A linear mound of sand or gravel that is placed parallel to the shore at or above the ordinary high water mark.

 

Boat Launch: A slab, pad, plank, rail, or graded slope used for launching boats by means of a trailer, hand, or mechanical device.

 

Bog: A shallow water area that may be filled by sedimentation and the decaying of vegetation (Chapter 173-22-030(5) WAC).

 

Bulkheads: A wall-like structure generally placed parallel to shore to retain an upland and fill prone to sliding or sheet erosion, and to protect an upland from erosion by wave action.

 

Campground: An outdoor area established for overnight accommodation of recreational user.

 

Channel migration zone: The area of a river corridor where the active channel is prone to lateral movement, usually evidenced by abandoned channels, recent sediment, topographic changes, and vegetation character. The channel migration zone generally

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consists of the area that a stream has occupied or could be expected to occupy within the time it would take the trees to reach their mature height.

Commercial: Uses and facilities that are involved in wholesale or retail trade or business activities.

Conditional use: A use, development, or substantial development which is classified as a conditional use or is not classified within the Master Program. A use which varies from the designated uses is considered a conditional use.

 

Conservancy: An area with valuable natural, cultural, or historical resources. County: Pierce County, Washington.

 

Creek: A small stream; often a shallow or intermittent tributary to a river. Surface water run-off flowing in a natural or modified channel that is drawn by gravity to progressively lower levels and eventually to the sea.

 

Department: The Department of Ecology.

 

Developed shorelines: Those shoreline areas that are characterized by existing uses or permanent structures located within shoreline jurisdiction.

 

Development: A use consisting of the construction or exterior alteration of structures; dredging, drilling, dumping, filling, and removal of any sand, gravel, or minerals; constructing bulkheads, driving piles, or placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act and this Master Program at any state of water level.

 

Dike: An artificial dirt or rock rip-rap bank that parallels a stream to retard erosion or prevent flooding.

 

Dock: A fixed structure floating upon a water body.

 

Dredging: The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, bay, or other water body and associated wetlands.

 

Ecological: Pertaining to the interrelationship of living things to one another and to their environment.

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Ecological functions and natural shoreline functions: Those natural

physical, chemical, and biological processes that contribute to the proper functioning and maintenance of the aquatic and terrestrial ecosystems. Ecological functions relevant to specific types of shorelines are further defined as follows:

 

a.                     Riparian: Flood attenuation: Reducing peak flows and downstream erosion. Water quality improvement: Removing nutrients and toxic compounds. Dynamic sediment processes: Sediment removal, stabilization, transport, and deposition. Habitat for: Threatened, endangered, and priority species as defined in the Endangered Species Act (whatever they may be in the jurisdiction); aquatic and shoreline-dependent birds, invertebrates, and mammals; amphibians: and anadromous and resident native fish..

 

b.                     Lacustrine: Water quality improvement: Removing nutrients and toxic compounds and removing and/or stabilizing sediments. Habitat for: Threatened, endangered, and priority species (whatever they may be in the jurisdiction); aquatic and shoreline-dependent birds, invertebrates, and mammals; amphibians; and anadromous and resident native fish.

 

Ecosystem-wide processes: The dominating physical and geological processes of erosion, transport, and deposition and specific chemical processes (e.g., flocculation) that shape landforms within a specific shoreline ecosystem and determine both the types of habitat that are present and the associated ecological functions and their processes listed as follows:

 

a. Riparian fluvial processes: Landform and channel erosion; sediment transport and load in channel and overbank; channel dynamics, including channel gradation and migration; and changes in channel form during flooding.

 

Erosion: The group of natural processes including weathering, dissolution, abrasion, corrosion, and transporting by which earthy or rocky material is removed from any part of the earth's surface.

 

Exempt developments: Those developments which are not required to obtain a substantial development permit under Chapter 90.58.030(3)(e) RCW, but which must otherwise comply with applicable provisions of the Shoreline Management Act and the Master Program.

 

Exemption: Authorization from Town of South Prairie which establishes that an activity is exempt from substantial development permit requirements under Chapter 173-27-040 WAC, but subject to regulations of the Shoreline Management Act and this Master Program.

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Fair market value: For a development, it is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed, or found labor, equipment or materials.

 

Feasible: For the purpose of this Master Program, "feasible" means that an action meets all of the following conditions:

 

a.                   It can be accomplished with technologies and methods that have been used in the past or if studies or tests have demonstrated that such technologies are likely to achieve the intended results;

 

b.                  It provides a reasonable likelihood of achieving its intended purpose; and

 

c.                   It does not preclude achieving the project's primary intended use. In cases where this Master Program requires certain actions unless they are infeasible, the burden of proving infeasibility is placed upon the applicant.

 

Fill: The addition of soil, sand, rock, gravel, sediment, or other material to an area waterward of the ordinary high water mark, in wetlands, or on upland areas in a manner that raises the elevation or creates dry land.

 

Flood Plain: Is synonymous with the term "one hundred-year floodplain" and means that land area susceptible to being inundated by stream-derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act.

 

Floodway: Those portions of the area of a river valley lying streamward from the outer limits of a water course upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; the floodway being identified under normal conditions by changes in surface soil conditions or changes in types or quality of vegetative ground cover conditions. The floodway shall not include those lands that can reasonably be expected to be protected from waters by flood control devices contained by or maintained under license from the federal government, the state, or a political subdivision of the state.


PART 1 GENERAL

Forestry: Methods used for the protection, production, harvesting, and transporting of timber resources.

Geotechnical report or geotechnical analysis: A scientific study or evaluation conducted by a qualified expert that includes a description of the site hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geological hazards or processes. The evaluation also includes conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified engineers or geologists who are knowledgeable about the regional and local geology.

 

Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.

 

Guidelines: Those standards adopted to implement the policy of the Shoreline Management Act for regulation of use of the shorelines of the state prior to adoption of the master programs and which serve as criteria in the development of the Town of South Prairie Shoreline Management Master Program.

 

Height: A measurement from average grade level to the highest point of a structure. Television antennas, chimneys, and similar appurtenances are not used in calculating height, except where they obstruct the view of a substantial number of residences, or where this Master Program provides otherwise. Temporary construction equipment is not used in calculating height.

 

Historic: Having considerable importance or influence in history; historical.

 

Industry: The production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials or production is considered part of the industrial process.

 

In-stream structure: A human-made structure placed within a steam or river waterward of the ordinary high-water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service, transmission, fisheries enhancement, or other purposes.

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PART I GENERAL

Island: A land mass completely surrounded by water.

 

Lake: A body of standing water located inland, generally distinguished from marshes, bogs, and swamps by its greater depth.

 

Landfill: see "fill"

 

Marsh: An area of low-lying wet land; a fen, swamp, or bog. (Reference Chapter 173-22 WAC).

Master Program: The comprehensive management plan for a described shoreline and water surface area and the use regulation together with maps, diagrams, charts, or other descriptive material and text; a statement of desired goals and standards developed in accordance with the policies enunciated in Chapter 90.58.020 RCW and its guidelines under Chapter 173-16 and 173-27 WAC.

 

Mining: The removal of naturally occurring rock, sand, gravel, and minerals from the earth.

Mitigation or mitigation sequencing: The process of avoiding, reducing, or compensating for the environmental impact(s) of a proposal, including the following listed in the order of sequence priority, with measure (a) being top priority:

 

a.                       Avoiding the impact altogether by not taking a certain action or parts of an action;

 

b.                       Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

 

c.                       Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

d.                       Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

 

e.                       Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

Natural: A shoreline possessing unique or fragile features, whether natural or cultural, that are totally or essentially unaltered from their natural state or are relatively

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PART I GENERAL

intolerant of human use other than for passive historical, cultural, scientific, archaeological, or educational activity.

Natural or existing topography: The topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.

 

Natural shoreline functions: See 'ecological functions."

 

Non-conforming use or development: A shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program.

 

Nonpoint pollution: Pollution not originating from a specific point such as a wastewater outfall.

Nonwater-oriented uses: Those uses that are not water-dependent, water-related, or water-enjoyment.

Ordinary high water (mark): That mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971 or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the local government or the Washington State Department of Ecology; provided that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water.

 

Parking facilities: Areas providing for the storage of motor vehicles, including vista parking facilities.

 

Party of record: All persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.

Performance standard: Regulations, which include bulk and dimensional standards, that are applied to the design and function of a development or use.

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PART 1 GENERAL

Permit: Any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58 RCW, the Shorelines Management Act.

 

Person: An individual, firm, partnership, corporation, association, organization, agency, or any non-federal entity however designated.

 

Point: A low profile beach promontory, generally of triangular shape whose apex extends seaward.

 

Primary use: A use that is deemed preferable with the definition and policy of a particular shoreline designation.

Provisions: Policies, regulations, standards, guideline criteria or designations.

 

Public interest: The interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development.

 

Recreational facilities:            Facilities such as parks, trails and pathways, campgrounds, and swim rafts that provide a means for relaxation, play, or amusement.

 

Rehabilitation or ecological rehabilitation: The significant upgrading of ecological shoreline functions and values such as revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials.

 

Residence: A dwelling and those structures and developments within a contiguous ownership that are normal appurtenances. An appurtenance is necessarily connected to the use and enjoyment of a residence and is located landward of the perimeter of a marsh, bog, or swamp and landward of the ordinary high water mark. A normal appurtenance includes a garage, deck, driveway, utilities, fences, and grading that does not exceed 250 cubic yards (except to construct a conventional drain field).

 

Residential development: The development of land and/or construction or erection of dwelling units for the purpose of residential occupancy.

 

Restoration or ecological restoration: The significant upgrading of ecological shoreline functions through measures such as revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials.

 

River: A large natural stream of water emptying into any ocean, lake, or other body of water, and usually fed along its course by converging tributaries.

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PART I GENERAL

Scientific and educational facilities: Those sites, structures, or facilities that provide unique insight into our natural and cultural heritage.

 

Secondary use: A use that is not automatically deemed preferable within the definition and policy of a particular shoreline designation.

Shorelands or shoreland areas: 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 wetlands 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. Shorelands are distinguished from shorelines in that shorelines extend waterward from the ordinary high water mark to the Town Limits line, while shorelands extend landward from the ordinary high water mark for 200 feet.

 

Shoreline areas and shoreline jurisdiction: All "shorelines of the state" and "shorelands" as defined in Chapter 90.58.030 RCW.

 

Shoreline Management Act: A law passed by the Washington State Legislature in 1971 and ratified by the voters in 1972 (Chapter 90.58 RCW).

 

Shoreline Master Program: The local government's procedures, administrative interpretation and development regulations to direct development activities which occur within areas of its shoreline jurisdiction.

 

Shoreline modification activities: Those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, dredged basin, landfill, or bulkhead.

They can include other actions, such as clearing, grading, or application of chemicals.

 

Shoreline permit: A permit to conduct a development or use as defined by Chapter 90-58 RCW and this Master Program. A shoreline permit means any form of permission required under Chapter 90.58 RCW prior to undertaking activity on Shorelines of the State, including substantial development, conditional use or variance permits.

 

Shoreline property: An individual property wholly or partially within shoreline jurisdiction.

Shorelines: All the water area of the Town of South Prairie, including reservoirs and their associated shorelands, together with lands underlying them, except:

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PART 1 GENERAL

a.                     Shorelines or segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the shorelands associated with such upstream segments.

 

b.                     Shorelines on lakes less than twenty acres in size and shorelands associated with such small lakes.

 

Shorelines of State-wide Significance: There are no shorelines of statewide significance in the Town of South Prairie.

 

Shorelines of the State: The total of all shorelines and shorelines of statewide significance.

 

Significant vegetation removal: The removal of trees, shrubs, and/or ground cover by clearing, grading, cutting, chemical means, or other activity that threatens the viability of shoreline vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, where it does not affect ecological functions. does not constitute significant vegetation removal.

 

Spit: A narrow point of land extending into a body of water.

 

State Master Program: The cumulative total of all master programs approved or adopted by the Department of Ecology.

 

Storm water: Rain or snow melt that does not naturally infiltrate into the ground but runs off surfaces such as rooftops, streets, or lawns, directly or indirectly, into streams and other water bodies or through constructed infiltration facilities into the ground.

 

Stream: A body of running water; especially such a body moving over the earth's surface in a channel or bed, as a brook, or river.

 

Structure: A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner on, above, or below the surface of the ground or water.

 

Substantially degrade: To cause damage or harm to an area's ecological functions. An action is considered to substantially degrade the environment if:

a.          The damaged ecological function or functions affect other related functions or the viability of the larger ecosystem; or

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PART I GENERAL

b.                     The degrading action may cause damage or harm to shoreline ecological functions under foreseeable conditions; or

 

c.                     Scientific evidence indicates that the action may contribute to damage or harm to ecological functions as part of cumulative impacts from similar permitted development on nearby shorelines.

 

Substantial Development: Any development that:

 

a.                     The total cost or fair market value exceeds $2,500; or

 

b.                     Materially interferes with the normal public use of the water or shorelines of the state.

 

Suburban: Areas where residential activity may approach urban density, but usually where densities permit space for small numbers of livestock, gardens, or wood lots. These areas are served by individual or community water supplies, but generally are not linked with utilities from an urban center. Commercial activities to serve the needs of the immediate area are considered an integral part of this description.

 

Swamp: A lowland region saturated with water (Chapter 173-22 WAC). Town: The incorporated Town of South Prairie, Washington.

 

Transmit: To send from one person or place to another by U.S. mail, or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.

 

Transportation facilities: Passageways for motorized vehicles or trains, including but not limited to such devices as bridges, trestles, ramps, or culverts.

 

Uplands: Generally described as the area above and landward of the Ordinary High Water Mark.

Urban: An area of high intensity land use, including residential, commercial, and industrial development. This does not necessarily include all shorelines within an incorporated Town, but is particularly suited to those areas planned to accommodate urban expansion.

Urban growth: Growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or

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the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to Chapter 36.70A.170 RCW. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

 

Urban growth area: Those areas designated by a county pursuant to Chapter 36.70A.110 RCW, inside of which urban growth will be encouraged, and outside of which growth must be rural in character.

Urban governmental services or urban services: Those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.

 

Utility: A service or facility that produces, transmits, stores, processes, or disposes of electrical power, gas, water, sewage, communications, and the like.

 

Variance: A means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.

Vegetative stabilization: Planting of water-loving land vegetation upon shoreline banks, slopes, or berms to retain soil and retard erosion from surface run-off; planting of aquatic vegetation offshore to and retain bottom materials; and utilizing temporary structures or netting to enable plants to establish in unstable areas.

 

Waste disposal: Refuse composed of garbage, rubbish, ashes, dead animals, demolition wastes, automobile parts, and similar material.

 

Water-dependent use: A use or a portion of a use which cannot exist in a location that is not adjacent to the water but is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include fishing, irrigation facilities, and sewer outfalls.

Water enjoyment use: A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or, a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which, through the location, design, and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and

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the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to:

a.                     Parks with activities enhanced by proximity to the water;

b.                     Piers and other improvement that facilitate public access to the shorelines;

c.                     Restaurants with water views and public access improvements;

d.                     Museums with an orientation to shoreline topics;

e.                     Scientific/ecological reserves;

f.                       Resorts with uses open to the public and public access to the shoreline; and

g.                     Any combination of the uses listed above.

Water-oriented use: A use that is water-dependent, water-related, or water-enjoyment use, or a combination of such uses.

Non-water-oriented use: Upland uses which have little or no relationship to the shoreline. All uses which do not meet the definition of water-dependent, water-related, or water-enjoyment are classified as non-water-oriented uses.

Water-related use: A use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because:

a.. The use provides a necessary service supportive of the water-dependent activities and the proximity of the use to its customers makes its services less expensive and/or more convenient.

Waterway: A river, channel, canal, or other navigable body of water used for travel or transport.

Wet land: Those areas within the shoreline jurisdictional boundaries that are not continuously dry and are defined as marshes, bogs, or swamps in Chapter 173-22 WAC.

Wetland: Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated conditions.

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Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Identification of wetlands and delineation of their boundaries under the Master Program shall be performed in accordance with the criteria and indicators listed in Chapter 173-22-080 WAC. These criteria and indicators along with recommended methods and additional background information can be found in the Washington State Wetland Identification and Delineation Manual, Ecology Publication #96-94.

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PART 3 ZONING

Chapter 17.04.080

SHORELINE OVERLAY DISTRICT

 

 

17.04.080.010 Purpose

 

17.04.080.015 Administration                                                DRAFT

(1)                  Town Planner

(2)                  Interpretation

 

17.04.080.020 Application of Regulations

 

17.04.080.025 Shoreline Environments - Urban

(1)         Urban Residential Environment

 

17.04.080.030 Shoreline Environment Guidelines (1)         Urban Shoreline Environment

(A)                Purpose and Intent

(B)                Designation

(C)                Map

(D)                Management Objectives

(E)                 Permitted Uses

(F)                 Conditional Uses

(G)                Standards

(H)                Setbacks

 

17.04.080.035 Shoreline Use Activities

(1)        Commercial Development

(2)        Residential Development

(3)        Clearing and Grading

(4)        Erosion Control

(5)        Renewable Resource Activities

(6)        Docks, Piers, and Other Water/Land Connectors

(7)        Shoreline Works and Structures

(A)                Bulkheads

(B)                Landfill

(C)                Dredging

(D)                Shoreline Protection

(8)        Road and Design and Construction

(9)        Bridges and Water Control Devices

(10)      Utilities

(11) Recreation

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