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Title 17E
Chapter 17E.060
Section 17E.060.360
 

Title 17E Environmental Standards

Chapter 17E.060 Shoreline Regulations

Article V. General Requirements for Shoreline Use and Modifications: Part II. Primary and Accessory Uses

Section 17E.060.360 Primary Permitted Uses
  1. To be permitted in the shoreline Jurisdiction, a use must be allowed in both the shoreline environment and the underlying zone in which it is located and shall be subject to all applicable development standards.
  1. For purposes of these shoreline regulations, standards established in the use sections of each environment are not subject to variance.
  1. Preference for shoreline permitted uses shall first be given to water-dependent uses, then to water-related and water-enjoyment uses.
  1. Definitions for water-dependent, water-related, water-enjoyment, and non-water oriented are:
    1. Water-dependent Use.
      1. A use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.
      1. Examples of water-dependent uses may include, but are not limited to, boat ramps for rescue watercraft, seaplane docks, hydroelectric generating plants, and sewage treatment outfalls.
    1. Water-related Use.
      1. 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 the use:
        1. has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
        1. provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.
      1. Examples of water-related uses may include, but should not be limited to, warehousing, storage, or processing, where the goods are delivered to or shipped from the site by water.
    1. Water-enjoyment Use.
      1. 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 location, design, and operation ensures 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 the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
      1. Examples of water-enjoyment uses may include, but are not limited to, river and stream swimming beaches, fishing areas, boat ramps for recreation, parks, piers, view towers, restaurants, museums, aquariums, scientific/ecological reserves, resorts and convention centers, public markets, interpretive centers, and other improvements facilitating public access to shorelines of the state, provided that such uses conform to the above water-enjoyment specifications and the provisions of the entire SMP.
    1. Non-water Oriented Use.

A use that is not water-dependent, is not water-related, and is not water-enjoyment. Non-water oriented uses have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Any use that does not meet the definition of water-dependent, water-related, or water-enjoyment is classified as non-water oriented.

  1. A determination of whether proposed uses not specifically listed above are water-dependent, water-related, or water-enjoyment shall be made by the director, who shall follow the intent of the SMP.
  1. Primary uses which are water-dependent shall only be allowed over water if the over-water location is necessary for the operation of the water-dependent use. Primary uses which are not water-dependent shall not be permitted over water unless specifically stated otherwise in the regulations for the applicable shoreline environment. For purposes of these shoreline regulations, this regulation shall be considered a use standard not subject to variance.
  1. Shoreline modifications, including dredging, fill, landfill, and shoreline stabilization measures, shall be considered to be uses not subject to variance.

Date Passed: Monday, November 3, 2008

Effective Date: Monday, July 26, 2010

ORD C34326 Section 2