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Article V. Specific Shoreline Use Regulations
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(1) Permitted Uses.

(a) Table 16.05.280-1 indicates which new, expanded, or altered shoreline uses may be allowed or prohibited in shoreline jurisdiction within each shoreline environment designation. Refer to the text in CMC 16.05.290 through 16.05.390 for provisions related to specific uses listed in the table. Uses are classified as follows:

(i) Uses allowed by shoreline substantial development permit or shoreline exemption are indicated by a “P” in the table.

(ii) Uses allowed by shoreline conditional use permit are indicated by a “C” in the table.

(iii) Prohibited uses are not allowed and are indicated by an “X” in the table.

(iv) Uses regulated consistent with the adjacent upland environment designation are indicated by “Upland” in the table.

(v) Uses not specifically identified in the table may be allowed by a shoreline conditional use permit.

(vi) If there are any conflicts between Table 16.05.280-1 and the written provisions in this master program, the written provisions shall control.

(b) Unless otherwise indicated in Table 16.05.280-1, the provisions of this section apply to primary uses, and accessory uses are regulated consistent with the primary use.

(c) Additional Provisions for the Urban Conservancy Environment. All new uses and developments, permitted or allowed as conditional, in the urban conservancy environment shall be compatible with conserving, protecting, and restoring ecological conditions of the shoreline. New uses and developments shall demonstrate consistency with the urban conservancy management policies as set forth in the Covington comprehensive plan.

Table 16.05.280-1. Permitted Uses by Shoreline Environment Designation

Shoreline Use

Shoreline Environment Designation

High-Intensity

Medium-Intensity

Shoreline Residential

Urban Conservancy

Aquatic

Agriculture

X

X

X

X

X

Aquaculture

P

P

C

P

Upland

Boating Facilities

X

X

C

C

Upland

Commercial Development

Primary

P

P

X (1)

X

X

Accessory

P

P

P

C

X

Forest Practices

X

X

X

X

X

Industrial Development

P

X

X

X

X

Institutional Development (2)

P

P

P

P

P

In-Stream Structural Development

As part of a fish enhancement project

P

P

P

P

P

Other

C

C

C

C

C

Mining

X

X

X

X

X

Recreational Development

Water-oriented

P

P

P

P

P

Non-water-oriented

Primary

P

P

C

C

X

Accessory

P

P

P

P

X

Multi-use trails

P

P

C

C

X

Minor trails

P

P

P

P

X

Residential Development

Single-family

P

P

P

P/C/X (3)

X

Multifamily

P

P

X

X

X

Signs

Primary

X

X

X

X

X

Accessory

P

P

P

C

C

Transportation Facilities

New circulation routes related to permitted shoreline use

C

C

C

C

C (4)

Expansion of existing circulation system

P

P

C

C

C (4)

Multi-use trails

P

P

C

C

C (4)

Parking

Primary

X

X

X

X

X

Accessory

P

P

P

C

X

Utilities

Major

Solid waste disposal or transfer sites (excluding storage of recyclable materials)

X

X

X

X

X

Power generation, substations, and gas storage facilities

C

C

C

C

X

All other

C

C

C

C

C

Minor

P

P

P

C

C

Uses Not Specified

C

C

C

C

C

Table Notes:

1Commercial uses that are incidental to the primary residential use and are compatible with the residential character of the neighborhood, such as home occupations, may be permitted.

2Institutional development shall include scientific, historical, cultural, or educational uses. The provisions for commercial development set forth in CMC 16.05.320 shall apply to institutional development.

3Allowed as a permitted use (P) in the Jenkins Creek shoreline jurisdiction; as a conditional use (C) in the Big Soos Creek shoreline jurisdiction; and prohibited (X) in the Pipe Lake shoreline jurisdiction. All residential development shall be subject to the critical areas regulations set forth in CMC 16.05.230.

4Bridges shall be allowed only in accordance with the provisions set forth in CMC 16.05.380, Transportation facilities, and all applicable shoreline modification regulations set forth in CMC 16.05.400 through 16.05.450.

(2) Dimensional Standards.

(a) Table 16.05.280-2 defines the dimensional standards applicable to all shoreline development within each shoreline environment designation. Dimensional standards include maximum height, shoreline buffers, building setbacks from the shoreline buffer, impervious surface coverage, and minimum lot width. All development shall also comply with all applicable dimensional standards, including interior and yard setbacks, pursuant to CMC Title 18. Where a conflict exists between a requirement of this master program and the zoning code, the most protective provision shall prevail.

Table 16.05.280-2. Dimensional Standards

Shoreline Environment Designation

Dimensional Standard

High-Intensity

Medium-Intensity

Shoreline Residential

Urban Conservancy

Aquatic

Maximum Height

45 ft. (1)

45 ft. (1)

30 ft.

30 ft.

NA

Shoreline Buffer (2)

115 ft.

115 ft.

115 ft. (3)

115 ft.

NA

Building Setback from the Shoreline Buffer

15 ft.

15 ft.

15 ft.

15 ft.

NA

Impervious Surface Coverage

60%

50%

50%

10%

NA

Minimum Lot Width

60 ft.

60 ft. (4)

60 ft.

100 ft. (4)

NA

Table Notes:

1A height of up to 45 feet may be approved if allowed in the underlying zoning and if the applicant can demonstrate the structure will not obstruct the view of a substantial number of residences and will serve the public interest. Otherwise height is limited to 35 feet.

2Shoreline buffers may be modified subject to the critical areas provisions of CMC 16.05.230. Use and management of the buffer shall comply with all critical areas standards unless a provision would preclude a water-dependent use.

3Shoreline buffers in the shoreline residential environment may be reduced pursuant to the provisions of subsection (2)(c) of this section.

4Where the urban conservancy environment and the medium-intensity environment are parallel shoreline environments along Jenkins Creek, no minimum lot width shall be required for residential development, provided a conservation easement shall be required for all portions of lots within the urban conservancy designation; native vegetation shall be preserved within the easement; and joint consolidated access shall be provided within the easement.

(b) Maximum Height.

(i) The maximum height set forth in Table 16.05.280-2 and the provisions of this subsection shall not apply to television antennas, chimneys, flagpoles, public utilities, and similar appurtenances.

(ii) In addition to compliance with the maximum height standard as set forth in Table 16.05.280-2, an applicant shall demonstrate that structures located below the ordinary high water mark are the minimum necessary to accommodate a water-dependent or other permitted use. Elevated decks, storage buildings, and other structures on docks are prohibited unless necessary for the operation of a water-dependent use, and no reasonable alternative exists.

(iii) A height of more than 35 feet may be approved only if the applicant prepares a view corridor study indicating that the proposed structure would not diminish views of the shoreline from surrounding properties.

(iv) Development shall also be subject to the height limits established by the underlying zoning, but in no case shall height exceed 45 feet above average grade level.

(v) Accessory structures, where allowed, shall not exceed a maximum height of 12 feet.

(c) Shoreline Buffers.

(i) The shoreline buffer shall be measured landward, on a horizontal plane perpendicular to the shoreline. The buffer shall be measured from the ordinary high water mark, unless a channel migration zone is found to occur and documented in a study submitted by a qualified professional, in which case the City may require that the shoreline buffer be measured from the edge of the channel migration zone.

(ii) Developments associated with water-dependent uses, ecological restoration, and public access shall not be subject to the requirement for a shoreline buffer. Mitigation sequencing shall be applied to ensure no net loss of shoreline ecological functions, consistent with CMC 16.05.230(3).

(iii) Accessory Structures. Accessory structures that are not water-dependent or water-related are prohibited within the shoreline buffer, except within the shoreline residential environment accessory structures may be allowed within the shoreline buffer if they are no closer than 10 feet from the OHWM, and less than or equal to 200 square feet in total area, and shall not exceed a maximum height of 12 feet. The area of shoreline buffer impacted shall be mitigated by planting native vegetation in an equivalent area elsewhere within in the shoreline buffer.

(iv) Pipe Lake Buffer Reduction.

(A) Within the shoreline residential environment only, the Shoreline Administrator may approve reduction of the standard buffer down to a minimum of 60 feet when a combination of the mitigation measures set forth in Table 16.05.280-3 is used to achieve an equal or greater protection of shoreline ecological functions, and subject to the provisions of this subsection.

Table 16.05.280-3. Shoreline Buffer Reduction Mechanisms

Reduction Mechanism

Reduction Allowance

Water-Related Actions (1)

1

Removal of an existing bulkhead covering at least 75 percent of the shoreline frontage that is located at, below, or within 5 feet landward of the ordinary high water mark; and subsequent restoration of the shoreline to a natural or semi-natural state, including restoration of topography and beach/substrate composition.

30 ft.

2

Removal of an existing bulkhead covering at least 25 percent of the shoreline frontage that is located at, below, or within 5 feet landward of the ordinary high water mark; and subsequent restoration of the shoreline to a natural or semi-natural state, including restoration of topography, beach/substrate composition, and vegetation.

15 ft.

3

Preservation of existing natural shoreline conditions (e.g., no bulkhead or other unnatural shoreline features such as upland impervious surfaces or other structural alterations) within 5 feet of the ordinary high water mark, including preservation of existing vegetation.

10 ft.

4

Preservation of existing trees and native vegetation and restoration of native vegetation as necessary in at least 75 percent of the remaining buffer area. Up to 25 percent of the buffer area can be composed of existing non-invasive, non-native vegetation. Up to 15 feet of the shoreline frontage (from the ordinary high water mark landward to the building setback line) may be permitted for improved shoreline access, provided access areas shall be located to avoid areas of greater sensitivity and habitat value. (2)

20 ft.

5

Preservation of existing trees and native vegetation and restoration of native vegetation in at least 25 percent of the remaining buffer area. Up to 15 feet of the shoreline frontage (from the ordinary high water mark landward to the building setback line) may be permitted for improved access, provided access areas shall be located to avoid areas of greater sensitivity and habitat value. (3)

10 ft.

Upland-Related Actions (4)

6

Installation of biofiltration/infiltration mechanisms such as bioswales, created and/or enhanced wetlands, or ponds that exceed standard stormwater requirements.

15 ft.

7

Installation of a “green” roof in accordance with the standards of the LEED Green Building Rating System.

15 ft.

8

Installation of pervious material for driveway or road construction.

10 ft.

9

Limiting total impervious surface in the reduced buffer area to less than 5 percent.

10 ft.

10

Preserving or restoring at least 20 percent of the total lot area outside of the reduced buffer as native vegetation. No more than 20 percent of the total lot area can be lawn.

10 ft.

Table Notes:

1At least one water-related action must be undertaken in order to achieve the full buffer reduction allowed.

2This mitigation measure may not be used by any properties that currently have native vegetation in 75 percent or more of the remaining buffer area.

3This mitigation measure may not be used by any properties that currently have native vegetation in 25 percent or more of the remaining buffer area.

4A maximum of 35 feet in cumulative buffer reduction may be achieved using upland-related actions.

(B) Buffer averaging as set forth in CMC 18.65.360(2) may be used in combination with the mitigation measures provided in Table 16.05.280-3; provided, that the buffer shall not be reduced to a width of less than 50 feet at any location. Further buffer reduction shall require approval of a shoreline variance.

(v) All property owners who obtain approval for a reduction in the buffer must record the final approved buffer and corresponding conditions in a notice on title, and provide a copy of the notice on title to the Shoreline Administrator.

(vi) All property owners who obtain approval for a reduction in the buffer must prepare, and agree to adhere to, a shoreline vegetation management plan prepared by a qualified professional and approved by the Shoreline Administrator that includes appropriate limitations on the use of fertilizer, herbicides, and pesticides as needed to protect lake water quality. This plan shall be recorded as a notice on title, and a copy of the final recorded notice on title provided to the Shoreline Administrator.

(vii) Restoration of native vegetation shall consist of a mixture of trees, shrubs, and groundcover and be designed to improve habitat functions. Preparation of a revegetation plan shall be completed by a qualified professional and include a monitoring and maintenance program that shall, at a minimum, include the following:

(A) The goals and objectives for the mitigation plan;

(B) The criteria for assessing the mitigation;

(C) A monitoring plan that includes annual progress reports submitted to the Shoreline Administrator and that lasts for a period sufficient to establish that performance standards have been met as determined by the Shoreline Administrator, but not less than five years; and

(D) A contingency plan.

(viii) Whenever the Shoreline Administrator determines that monitoring has established a significant adverse deviation from predicted impacts, or that mitigation or maintenance measures have failed, the applicant or the property owner shall be required to institute correction action, which shall also be subject to further monitoring as provided in this section.

(ix) The Shoreline Administrator may require a financial guarantee in an amount sufficient to guarantee that all required mitigation measures will be completed in a manner that complies with conditions of approval and to guarantee satisfactory workmanship and materials for a period not to exceed five years. The Shoreline Administrator shall establish the conditions of the bond according to the nature of the proposed mitigation, maintenance or monitoring and the likelihood and expense of correcting mitigation or maintenance failures.

(x) All costs associated with the mitigation/monitoring and planning, including City expenses, shall be the responsibility of the applicant.

(xi) Existing Structures. Existing structures that are not considered to be nonconforming and located within the shoreline buffer may be replaced in their current location and configuration to the extent allowed by local, State, and Federal agencies with jurisdiction.

(d) Building Setbacks. Structures allowed within the shoreline buffer under subsection (2)(c) of this section shall also be allowed within the building setback from the shoreline buffer unless otherwise prohibited by Chapter 18.65 CMC.

(e) Impervious Surface Coverage.

(i) The amount of impervious surface shall be the minimum necessary to provide for the proposed use.

(ii) Impervious surface coverage is further restricted in critical areas, critical area buffers, and shoreline buffers pursuant to the critical areas regulations set forth in CMC 16.05.230.

(iii) Outside of critical areas, critical area buffers, and shoreline buffers, a credit towards the total impervious surface coverage may be provided through the use of permeable materials, such as pervious concrete, subject to approval by the Shoreline Administrator in consultation with the Development Review Engineer pursuant to Chapter 13.25 CMC. Within the urban conservancy environment, this credit shall be limited to a maximum of 20 percent of the site area. The City will encourage practices that further minimize impervious surfaces and stormwater runoff, including use of best available technologies. (Ord. 09-19 § 6 (Exh. C))