16.05.440 Overwater structures | Covington Municipal Code

16.05.440 Overwater structures.

(a) All new, reconstructed, repaired, or modified overwater structures shall comply with the critical areas regulations for shoreline jurisdiction as set forth in CMC 16.05.230(2); meet the requirement for no net loss of ecological functions; and comply with all other regulations as stipulated by State and Federal agencies, local Tribes, and others with jurisdiction.

(b) With the exception of bridges, overwater structures are prohibited in the Soos Creek and Jenkins Creek shoreline environmental jurisdictions.

(c) Proposed overwater structures that are not accessory to a residential development and are not joint-use structures may be permitted as a conditional use subject to the following requirements:

(i) The overwater structure does not create any potential adverse impacts to navigation or public safety;

(ii) The overwater structure does not cause environmental impacts that cannot be sufficiently mitigated;

(iii) The overwater structure complies with all other conditional use criteria as set forth in WAC 173-27-160 and CMC 16.05.090; and

(iv) The overwater structure complies with the provisions of this section applicable to overwater structures that are accessory to residential development.

(d) Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters.

(e) Construction of residential development on an overwater structure shall be prohibited.

(f) Proposed overwater structures that do not comply with the applicable dimensional standards set forth in this section shall be approved only through a shoreline variance.

(g) All overwater structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe overwater structures shall be removed or repaired promptly by the owner.

(h) Piles, floats, or other structures in direct contact with water shall not be treated or coated with herbicides, fungicides, paint, or pentachlorophenol.

(i) Boathouses, boat lifts, moorage piles, and moorage covers shall be prohibited.

(j) Lighting facilities should be limited to the minimum extent necessary to locate the pier or dock at night. Ensure that any lighting is not directed into the water.

(2) Piers and Docks. Preference is for a fixed-pile pier elevated above the OHWM. Floating docks shall not be allowed unless the applicant can demonstrate why a fixed-pile pier is not feasible or will result in greater impacts.

(a) When Allowed. New piers and docks shall be allowed:

(i) As an accessory to a permitted residential development, provided it is designed and intended as a facility for access to watercraft and subject to the provisions of subsection (2)(b) of this section; or

(ii) For public access or as an accessory to a permitted water-dependent use, when intended for public use or when the applicant has demonstrated that a specific need exists to support the intended water-dependent use.

(b) Where proposed as an accessory to a residential development, piers and docks shall comply with the following provisions:

(i) No more than one pier or dock for each single-family residence shall be permitted.

(ii) On lots with less than 50 feet of waterfront, joint-use piers/docks shall be required, except when both lots abutting the subject lot have legal preexisting piers or docks and the applicant demonstrates to the satisfaction of the Shoreline Administrator that a shared use agreement is not feasible. Only in this case may a lot with less than 50 feet of waterfront be permitted an individual pier or dock.

(iii) For residential development or subdivision of more than two dwellings, a joint-use pier/dock or community dock facility shall be required rather than individual docks unless the applicant demonstrates to the satisfaction of the Shoreline Administrator that a joint-use or community facility is not feasible.

(i) No portion of the deck of a pier shall, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the ordinary high water mark.

(ii) All pier and dock lengths shall be minimized to the maximum extent feasible and shall comply with regulations as stipulated by State and Federal agencies, local Tribes, and others with jurisdiction. The proposed length shall be the minimum necessary to support the intended use. The maximum waterward intrusion as measured from the ordinary high water mark of any portion of any pier or dock shall be limited to the following:

(A) Forty feet for a single property owner.

(B) Fifty feet for a joint-use structure utilized by two or more residential property owners.

(iii) The maximum square footage of ells and fingers shall be 120 square feet.

(iv) The maximum width of walkways and additional fingers shall be minimized to the maximum extent practical. All walkways shall be fully grated and ells and floats shall have a minimum two-foot strip of grating down the center.

(v) Surface coverage, including all floats, ramps, and ells, shall be limited to the following:

(A) Four hundred square feet for a single property owner.

(B) Six hundred square feet for a joint-use structure utilized by two or more residential property owners.

(a) Launching ramps are not an allowed shoreline modification in any shoreline environment except as provided in subsection (3)(b) of this section. Launching rails may be permitted as a conditional use in the shoreline residential environment and in the Pipe Lake urban conservancy environment when not accessory to residential structures, in lieu of a moorage pier or dock; provided, that the following requirements are met:

(i) The applicant shall demonstrate that the proposed length of the rail is the minimum necessary to safely launch the intended craft and comply with all regulations as stipulated by State and Federal agencies, local Tribes, and others with jurisdiction;

(ii) In no case shall the rail extend beyond the point where the water depth is 10 feet below the ordinary high water mark;

(iii) The rail shall be anchored to the ground with the use of tie-type construction; and

(iv) No more than one launching rail per single-family residence or duplex shall be permitted.

(b) Launching ramps may be permitted as a conditional use for recreational uses in the Pipe Lake urban conservancy environment; provided, that the following requirements are met:

(i) The applicant demonstrates that the proposed length of the ramp is the minimum necessary to safely launch the intended craft and comply with all regulations as stipulated by State and Federal agencies, local Tribes, and others with jurisdiction; and

(ii) In no case shall the ramp extend beyond the point where the water depth is 10 feet below the ordinary high water mark.

(4) Recreational Floats. Recreational floats should be allowed where they are intended to support public or private recreational uses, or in lieu of fixed piers adjacent to residential land uses.

(a) Recreational floats shall be designed and intended for swim use or other nonmotorized use.

(b) Recreational floats shall have fully grated decks.

(d) All float tubs shall be fully encapsulated.

(e) Floats shall have reflectors for nighttime visibility.

(i) Area. The area of a recreational float shall be minimized to the maximum extent feasible and shall comply with regulations as stipulated by State and Federal agencies, local Tribes, and others with jurisdiction. No recreational float shall be greater than 200 square feet in area.

(ii) Height. Recreational floats shall be built so that the deck surface is one foot above the water’s surface.

(iii) Distance Waterward from the Ordinary High Water Mark. Recreational floats shall be in water with depths of eight feet or more at the landward end of the float and may be located up to a maximum waterward distance of 50 feet, or where the water depth is demonstrated safe for swimming, whichever is reached first. (Ord. 09-19 § 6 (Exh. C))