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Recreational uses include passive activities, such as walking, viewing and fishing. Recreational development also includes facilities for active uses, such as swimming, boating, and other outdoor recreation uses. Recreational facilities are not intended for a private residence, but as private or public shoreline recreational facilities.

(1) Applicability. This section shall apply to both public and private shoreline recreational facilities, excluding private residences. Commercial recreational development shall be subject to the provisions of CMC 16.05.320, Commercial development.

(2) Proposals for new or expanded recreational development shall include provisions for public access to the shoreline. Public access sites shall comply with the requirements of CMC 16.05.240(3). New or expanded recreational development that does not provide public access may be authorized provided the applicant demonstrates compliance with CMC 16.05.240.

(3) Recreational developments, uses, and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public’s visual or physical access to the water and the shorelines. In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping.

(4) All new structures associated with a recreational development, other than accessory or water-dependent structures such as docks and boardwalks that provide access to the water for that development, shall maintain the required shoreline buffer and building setback as set forth in CMC 16.05.280. Existing structures may be replaced in their existing location and configuration to the extent allowed by local, State, and Federal agencies with jurisdiction. Shoreline buffer reduction beyond that allowed under CMC 16.05.280 shall require a shoreline variance.

(5) Recreational development shall be located, designed, and constructed to result in no net loss of shoreline ecological functions, including protection of existing native shoreline vegetation and restoration of native shoreline vegetation impacted by development activities. Mitigation shall be provided as necessary to meet this requirement. The City may request studies by qualified professionals to determine compliance with this requirement.

(6) Water-dependent or water-related activities such as swimming, boating, and fishing, and activities that benefit from waterfront scenery such as picnicking, hiking, and bicycling, shall be given priority in planning public and private recreational development in shoreline jurisdiction.

(7) Recreational development shall make adequate provisions for, as applicable:

(a) Motorized, nonmotorized, and pedestrian access;

(b) The prevention of trespass onto adjacent properties, using mechanisms including but not limited to landscaping and fencing;

(c) Protection and restoration of critical areas and shoreline processes and functions;

(d) Signs indicating the public’s right of access to shoreline acres, installed and maintained in conspicuous locations at the point of access and entrance; and

(e) Buffering of such development from adjacent private property or natural areas.

(8) In approving recreational development, the City shall ensure that the development will maintain, enhance, or restore desirable shoreline features.

(9) Swimming areas shall be separated from boat launch areas.

(10) The construction of swimming facilities, piers, moorages, floats, and launching facilities waterward of the ordinary high water mark shall also be subject to the provisions for overwater structures as set forth in CMC 16.05.440.

(11) Public boat launching facilities may be permitted provided the traffic generated by such facilities can be safely and conveniently handled by the streets serving the proposed facility.

(12) Fragile and unique shoreline areas with valuable ecological functions, such as wetlands and wildlife habitats, shall be used only for non-intensive recreation activities that do not involve the construction of structures.

(13) Recreational developments that require periodic use of fertilizers, pesticides, and other chemicals, such as golf courses and playfields, or that support high-intensity activities such as sporting events as a primary use, shall be located outside of shoreline jurisdiction.

(14) Trails.

(a) Trails shall be designed to avoid significant impacts to sensitive natural systems and shall result in no net loss of ecological functions. Mitigation sequencing as set forth in CMC 16.05.230(3) shall be required.

(b) Trails shall be located at least 80 feet from the ordinary high water mark, except in limited areas to provide viewpoints or conform to topography. Publicly accessible trails shall meet the applicable provisions of CMC 16.05.240.

(c) Trails not intended for public access shall be limited to non-motorized, pervious trails, including boardwalks, no greater than six feet wide. Trails not meeting these criteria shall be considered multi-use, and shall require a conditional use permit in the shoreline residential and urban conservancy environments.

(15) Whenever financially feasible and practical, the City shall require the use of building materials and technologies whose production and use result in reduced environmental impacts when developing public access to the shoreline. Porous pavements shall be used unless the applicant demonstrates to the satisfaction of the Shoreline Administrator that such materials would restrict accessibility, pose a safety hazard, or are not sufficiently durable. (Ord. 09-19 § 6 (Exh. C))