HomeMy WebLinkAbout2375 Amending the Jefferson-Port Townsend Shoreline Management Master ProgramORDINANCE '~'~ ~ ~
AN ORDINANCE amending the Preface and Sections 1, 3, 4, 6, 7, 8, and 9, as well as
Appendix A, B, C and D of the Jefferson-Port Townsend Shoreline Management Master
Program to clarify the administrative responsibilities under the Master Program; to establish a
separate city advisory commission; and to affirm that the City has a separate Shoreline
Management Master Program; and establishing an effective date.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
in 1974 the City of Port Townsend and Jefferson County together adopted the
Jefferson-Port Townsend Shoreline Management Master Programs which were
adopted as separate Master Programs by the State of Washington pursuant to
RCW 90.58, WAC 173-19-2401 (Port Townsend) and WAC 173-240 (Jefferson
County); and
for twenty years the City and County jointly administered the Master Programs
to achieve a well-coordinated program of protection and use for the shorelines of
Jefferson County, while avoiding unnecessary duplification of efforts; and
the City and County have cooperated to consider and adopt several amendments
to the Master Programs which they have jointly found to be necessary and
desirable; and
in 1992, after public hearings and upon the recommendation of the Jefferson-Port
Townsend Shoreline Management Advisory Commission, the City Council and
the Board of County Commissioners adopted certain amendments proposed by the
City; and
in 1993, newly-elected County Commissioners have attempted to unilaterally
initiate amendments designed to reverse the recent amendments which pertain
only within the jurisdiction of the City of Port Townsend; and
due to these and related recent actions taken by the County which are contrary to
the interests of the citizens of Port Townsend and frustrate the ability of the City
Council to fulfill its duties and responsibilities under the Washington State
Shoreline Management Act, it is necessary to clarify the administrative
responsibilities under the Master Program and establish a separate city advisory
commission; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AS
FOLLOWS:
(Port Townsend, 10/93)
Section 1.
The preface of the Jefferson-Port Townsend Shoreline Management Master
Program is hereby amended to read as follows:
PREFACE
In November 1972, the people of the State of Washington enacted the Shoreline Management
Act (RCW 90.58). The primary purpose of the act is to provide for the management and
protection of the state's shoreline resources by planning for reasonable and appropriate uses.
The law provides a two-tier planning effort by the state and local government. By law, the city
and county are each responsible for the following:
1. Development of an inventory of the natural characteristics and land use patterns along
shorelines covered by the act.
2. Preparation of a "Master Program" to determine the future of the shorelines.
3. Development of a permit system to further the goals and policies of both the act and
the local Master Program.
HOW THE PLAN WORKS
The ((~fferr, c,n ))Port Townsend Shoreline Management Master Program is a planning
document that outlines goals and policies for the shorelines of the county and city. It is also a
regulatory ordinance with performance standards for development intended to implement the
goals and policies.
When planning a project near the shoreline, consult with the [{T~CC..... t'~ .... ~...
~ ............... j)) City of Port
Townsend Planning and Building Department ((e,r '"~ "':"' Ac n~... ,v ........ .~
....... j ................ ~. The ((county
o~))city shoreline administrator will determine whether a shoreline permit is required and
provide assistance in the permit application process.
All shorelines subject to the Shoreline Management Act are given a shoreline environmental
designation. This designation system is designed to encourage uses most appropriate for
particular areas and to enhance the character of that shoreline environment. The shoreline
designations are found on the map supplied with this program and defined in Appendix "A".
Shoreline uses are classified as "primary," "secondary," or "conditional," in order of preference
or appropriateness on a particular shoreline. Secondary and conditional uses,as well as
variances,require review by the
(( .......... ))Port Townsend Shoreline Management Advisory
Commission prior to action by the ttT~cc ..... ,-, .... ,. D^~..: ~c r, .... "' "'~--:~: ..... -"- the))
Port Townsend City Council. In addition, permits issued by local governments for conditional
uses and variances require final approval from the State of Washington.
(Port Townsend, 10/93)
(Port Townsend, 10/93)
TABLE OF CONTENTS
SECTION 1 RECITALS
1.10 FINDINGS
1.20 PURPOSES
1.30 TITLE
SECTION 2 DEFINITIONS
SECTION 3 SCOPE
3.10
3.20
3.30
3.40
GEOGRAPHICAL JURISDICTION
LIBERAL CONSTRUCTION
APPLICABILITY
EXEMPTIONS
3.401 Administration
3.402 Permit Exemptions
SECTION 4 SHORELINE DESIGNATIONS AND PROJECTS
CLASSIFICATIONS
4.10 SHORELINE ENVIRONMENTAL DESIGNATIONS
4.101 Aquatic
4.102 Natural
4.103 Conservancy
4.104 Suburban
4.105 Urban
4.106 Port Townsend Urban Waterfront Special District
4.20 PROJECT CLASSIFICATIONS
4.201 Primary
4.202 Secondary
4.203 Conditional
4.204 Prohibited
4.205 Unclassified
4.30 SHORELINES OF STATEWIDE SIGNIFICANCE
PAGE
1
1
4
5
17
17
18
19
19
19
20
23
23
23
24
24
25
25
27
30
30
30
31
32
32
32
(Port Townsend, 10/93)
~37s
4.40 CLASSIFICATION TABLE 34
SECTION 5 POLICIES AND PERFORMANCE STANDARDS
5.10
5.20
5.30
5.40
5.50
5.60
5.70
5.80
5.90
5.100
5.110
5.120
5.130
5.140
5.150
5.160
5.170
5.i80
5.190
5.200
ADVERTISING
AGRICULTURE
AQUACULTURE
BOAT LAUNCHES
COMMERCIAL DEVELOPMENT
DOCKS, PIERS, AND FLOATS
DREDGING
FOREST MANAGEMENT
INDUSTRIAL AND PORT FACILITIES
LANDFILLS
MARINAS
MINING
MOORING BUOYS
PARKING FACILITIES
RECREATIONAL FACILITIES
RESIDENTIAL DEVELOPMENT
SCIENTIFIC AND EDUCATIONAL FACILITIES
SHORE DEFENSE WORKS
TRANSPORTATION FACILITIES
UTILITIES
35
36
37
38
39
40
42
44
46
50
51
54
55
56
58
58
60
63
64
66
68
SECTION 6 ADMINISTRATION
6.10
6.20
6.30
6.40
ADVISORY COMMISSION
PROGRAM ADMINISTRATION
COUNTY COMMISSIONERS AND CITY COUNCIL
APPLICATION
6.401 Procedure
6.402 Public Notice
6.403 Bonds
6.404 Revisions
6.405 Expiration
71
71
72
73
74
74
75
76
76
77
SECTION 7 VARIANCES
7.10 GENERAL VARIANCES
7.101 Application
78
78
78
ii
(Port Townsend, 10/93)
7.20
7.102 Public Hearing
7.103 Review
7.104 Criteria
7.105 Approval
ADMINISTRATIVE VARIANCES
78
78
79
8O
80
SECTION 8 PROGRAM REVISIONS
81
SECTION 9 LEGAL PROVISIONS
83
SECTION 9.10 VIOLATIONS AND PENALTIES
9.101 Court Action
9.102 General Penalty
9.103 Violator's Liability
9.104 Permit Condition Violation
9.20
APPEALS
9.201 Administrative Appeals
9.202 Permit. Appeals
9.30 SEVERABILITY
9.40 EFFECTIVE DATE
9.50 ADOPTION
83
83
83
84
84
84
84
85
85
85
86
APPENDIX "A" - Common Description of Environment Designations
APPENDIX "B" - Environment Designations (attached map)
APPENDIX "C" - Port Townsend Urban Waterfront Special District
Sub-districts (attached map)
APPENDIX "D" - Examples of Water-oriented Uses
87
ooo
111
(Port Townsend, 10/93)
Section 2.
Section 1, Recitals, of the Jefferson-Port Townsend Shoreline Management
Master Program is hereby amended to read as follows:
SECTION 1
SUBSECTIONS
1.10 Findings
1.20 Purposes
1.30 Title
1.10 FINDINGS
The ttT^~,,- ..... ,-, ....... o~..4 ~, r,~__:..:~ ...... .n ~c))Port Townsend City Council finds
that:
The Washington State Shoreline Management Act of 1971 as a law of the State of
Washington requires that counties and cities incur certain duties, obligations, and
responsibilities with regard to implementation of the act.
(tT~,c ..... ,~ .... "' and)) The City of Port Townsend, together with Jefferson County,
through a jointly created and maintained shoreline management advisory commission,
have performed the necessary prerequisites for the establishment of a master program
such as preparing a shoreline inventory, delineating goals and policies, conducting
extensive citizen informational and educational measures, and holding numerous
public meetings and hearings.
Since establishing the joint program, the City of Port Townsend and Jefferson County
have together made desirable and necessary amendments to improve the program in
the public interest.
The establishment of this Port Townsend Master Program will promote the public
health, safety, and general welfare by serving as both a guide and regulation for the
future development of the valuable shoreline resources of ((Jefferazn Ccunw and))
the City of Port Townsend.
(Port Townsend, 10/93)
1.20 PURPOSES
The purposes of this Master Program are:
To carry out the responsibilities imposed on ((~ffzr~n Count)' and)) the City of
Port Townsend by the Washington State Shoreline Management Act (RCW 90.58).
To promote the public health, safety, and general welfare by providing a guide and
regulation for the future development of the shoreline resources of ((Jeffcrr, on Count)'
and)) the City of Port Townsend.
To further, by adoption, the policies of RCW 90.58, and the goals of this Master
Program, both which hereafter follow.
Shoreline Management Policies
The Washington State Legislature finds the shorelines of the state are among the most
valuable and fragile of its natural resources and there is great concern throughout the state
relating to their utilization, protection, restoration, and preservation. In addition, it finds
that ever increasing pressures of additional uses are being placed on the shorelines,
necessitating increased coordination in the management and development of the shorelines of
the state. The legislature further finds that much of the shorelines of the state and uplands
adjacent thereto are in private ownership and that unrestricted construction on the privately
owned or publicly owned shorelines of the state is not in the best public interest; therefore,
coordinated planning is necessary in order to protect the public interest associated with the
shorelines of the state which, at the same time, shall be consistent with public interest.
There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort,
jointly performed by federal, state,, and local governments, to prevent the inherent harm in
an uncoordinated and piecemeal development of the state's shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by
planning for and fostering all reasonable and appropriate uses. This policy is designed to
ensure the development of these shorelines in a manner which, while allowing for limited
reduction of rights of the public in navigable water, will promote and enhance the public
interest. This policy contemplates protecting against adverse effects to the public health, the
land and its vegetation and wildlife, and the water of the state and their aquatic life, while
generally protecting public rights of navigation and corollary rights incidental thereto.
The legislature declares the interest of all people shall be paramount in management of
shorelines of state-wide significance. The Washington State Department of Ecology, in
adopting guidelines for shorelines of state-wide significance, and local government, in
developing Master Programs for shorelines of state-wide significance, and local government,
in developing Master Programs for shorelines of state-wide significance, shall give
preferences to uses in the following descending order of priority:
2
(Port Townsend, 10/93)
2.
3.
4.
5.
6.
7.
Recognize and protect the state-wide interest over local interest.
Preserve the natural character of the shoreline.
Result in long term over short term benefit.
Protect the resources and ecology of the shoreline.
Increase public access to publicly owned areas of the shoreline.
Increase recreational opportunities for the public in the shoreline.
Provide for any other element as defined under RCW 90.58.100 deemed appropriate
and necessary.
In the implementation of this policy, the public's opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible, consistent with the overall best interest of the state and the people generally. To
this end, uses shall be preferred that are consistent with control of pollution and prevention
of damage to the natural environment or are unique to or dependent on use of the state's
shorelines. Alteration of the natural condition of the shorelines of the state, in those limited
instances when authorized, shall be given priority for single family residences, ports, parks,
marinas, piers, and other improvements facilitating public access to shorelines of the state,
industrial and commercial developments that will provide an opportunity for substantial
numbers of the people to enjoy the shorelines of the state.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to
minimize insofar as practical any resultant damage to the ecology and environment of the
shoreline areas and interference with the public's use of the water. Shorelines of state-wide
significance are listed in Section 4.30.
Goals
Economic Development: To encourage utilization of economic resources to improve
the standard of living for residents of Jefferson County and the City of Port
Townsend, at the same time assuring that such resource utilization is compatible with
the conservation element.
Public Access: To provide and maintain a safe, convenient, and balanced system of
pubic access. A system that increases the amount and diversity of opportunity for the
public to enjoy the shorelines of the state while respecting the rights of private
ownership. A system that is respective of fragile natural features of the shorelines
and strives to maintain the quality of life enjoyed by the shoreside community.
Circulation: To recognize the importance of all types os circulatory systems to our
region and to create and maintain a circulatory network capable of delivering people,
goods, and services at the highest level of convenience, safety, reliability, and
economy. Yet we do not want unpleasant side effects, so we wish to see the
secondary effects of circulatory system developments are accounted for in the
planning of such systems. Circulation planning must be compatible with land use
planning.
3
(Port Townsend, 10/93)
o
Recreational: To seek and provide proper recreational opportunities for local people.
To encourage the proper development of recreational sites for visitor and to assure the
management of present sites in a manner that will maintain and preserve the very
resources that have created the demand for their use.
Shoreline Use: To promote the best possible pattern of land and water uses, to assure
that individual uses are placed on sites appropriate to such uses, to assure that lands
and water of specific natures are available to uses that need such special types of
lands and water, to see that all the uses needed by the region have a place, and to
generally devise a pattern beneficial to the natural and human environments.
Conservation: To conserve and enhance the natural resources including scenic vistas,
estuaries, beaches, shorelines, fragile ecological areas, fish, wildlife, timber and land,
water and air.
Historical and Cultural: To protect and restore areas and sites having historical,
cultural, educational, or scientific value.
Restoration: To encourage development in areas that have been previously blighted
or degraded so such areas may be renewed or restored to a natural or useful
condition.
Water quality: Development should be located, designed, constructed, and operated
so as not to degrade water quality as measured by State water quality standards.
1.30 TITLE
This document shall be known and may be cited as the ((Jcffcmon-)) Port Townsend
Shorellne Management Master Program. This document may refer to itself as "this
Master Program."
Section 3.
Section 3, Scope, of the Jefferson-Port Townsend Shoreline Management
Master Program is hereby amended to read as follows:
SECTION 3
SCOPE
SUBSECTIONS
3.10
3.20
3.30
3.40
Geographical Jurisdiction
Liberal Construction
Applicability
Exemptions
(Port Townsend, 10/93)
..737.5-
3.10 GEOGRAPHICAL JURISDICTION
This Master Program shall apply to all the lands and waters in t,T~,,,, ..... ,-, ......
~ ............... j and)) the
City of Port Townsend that are under the jurisdiction of the Shoreline Management Act.
There is hereby made a part of this Master Program a map that will be officially known as
the "shoreline designation map," but which for the purpose of brevity shall be referred to as
"the map." The official shoreline designation map shall be on file with the ((Jefferson
County)) Port Townsend Planning and Building Department, Washington State Department
of Ecology, and Washington State Code Revisor. There may be unofficial copies of the map
prepared for administrative purposes (see Appendix "B"). It shall be the responsibility of the
((Jcffer~n Count)')) Port Townsend Planning and Building Department to keep the map
current and in a readable condition.
Inasmuch as the map is an inseparable part of this Master Program, no part of the map may
be altered or revised except on approval of the Washington State Department of Ecology as
provided under RCW 90.58.190.
The map will show the areas of~xo,~..,~.,,,..t"~'*' ..... ~,.~,,,,..,.~.. and)) the City of Port Townsend that
are under the jurisdiction of this Master Program. Further, the map will show the shoreline
designations as they affect the various lands and waters of tt,~,c ..... t- .... ~..
~x ................ j and)) the City
of Port Townsend.
Where uncertainty or conflict may occur in the exact location of a jurisdictional boundary
line, the official designations of the Washington State Department of Ecology shall be used.
Where uncertainty or conflict may occur in the exact location of a shoreline designation
boundary line, the written description of the boundaries shall be used (see Appendix 'A").
Additionally, should there arise a conflict between the jurisdictional map and boundary
description and the criteria that establishes the shoreline jurisdiction, the criteria shall take
precedence.
(Port Townsend, 10/93)
SHORELINE MANAGEMENT JURISDICTION
(insert graphic here)
NOTE: See Appendix "A" for a list of marine shorelines, rivers and creeks, and lakes
within the shoreline management jurisdiction.
3.20 LIBERAL CONSTRUCTION
As provided under RCW 90.58.900, the Shoreline Management Act is exempted from
the rule of strict construction; the act and this Master Program shall, therefore, be liberally
construed to five full effect to the purposes, goals, policies, and standards for which the act
and this Master Program were enacted. On the other hand, exemptions from the act or
Master Program are to be narrowly construed.
(Port Townsend, 10/93)
3.30 APPLICABILITY
o
This Master Program shall apply to every person, individual, firm, parmership,
association, organization, corporation, local or state governmental agency, public or
municipal corporation, or other nonfederal entity that develops, owns, leases, or
administers lands, wetlands, or waters subject to this Master Program.
The applicability of this Master Program to federal agencies is as follows:
a. Federal agencies shall not be required to obtain permits for developments
undertaken by the federal government on lands owned in fee by the federal
government unless the federal government grants or reserves to the state or
local government substantial jurisdiction over activities on those lands.
b. The substantial development permit system shall apply to nonfederal activities
constituting developments undertaken on lands subject to nonfederal
ownership, lease, or easement, even though such lands may fall within the
external boundaries of federal ownership.
c. The substantial development permit system shall apply to developments
undertaken on lands not federally owned but under lease, easement, license, or
other similar federal property rights short of fee ownership to the federal
government.
d. Federal agency actions shall be consistent with the approved Washington State
Coastal Zone Management Program subject to certain limitations set forth in
the Federal Coastal Zone Management Act (16 U.S.C. 1451 et. seq.) and
regulations adopted pursuant thereto.
This Master Program, including its definition, purposes, goals, policies, and
performance standards, shall apply to all development that is within in whole or in
part wetlands and shorelines as defined under subsection 2.83 of this Master Program.
Further, all substantial development within the scope of this Master Program shall
obtain a shoreline substantial development permit from~T~cc ................ ..... ,-, .... ,..., c,r)) the
City of Port Townsend in full compliance with the requirements of the Shoreline
Management Act, appropriate provisions of WAC 173-14, and this Master Program,
with the exception of those developments consistent .with Subsection 3.40 of this
Master Program.
3.40 EXEMPTIONS
3.401 ADMINISTRATION
Whenever a development is eligible for exemption under Subsection 3.402 of this Master
Program, the proponent shall secure an exemption from the Planning and Building
Department prior to the commencement of the development. All applications for
exemptions shall be made on forms supplied by the Planning and Building Department. The
application shall be accompanied by a drawing of the proposed project. Projects receiving
exemptions shall be bound to the plan upon which the exemption is granted. An exemption
shall expire one year after the date of issuance.
7
(Port Townsend, 10/93)
~373~
Exemptions from the substantial development permit requirements do not exempt a proposed
development from compliance with the applicable policies and standards of this Master
Program or other applicable federal, state, or local permit or license requirements. A
conditional use or variance permit may also be required. Exemptions shall be construed
narrowly.
3.402 PERMIT EXEMPTIONS
Those developments that do not require issuance of a shoreline substantial development
permit are as follows. These developments require formal exemption approval by the
Planning and Building Department.
Any development of which the total cost or fair market value, whichever is higher,
does not exceed $2,500, if such development does not materially interfere with the
normal public use of the water or shorelines of the state.
Those developments lawfully established prior to the effective date of the Shoreline
Management Act (RCW 90.58), which was June 1, 1971. Substantial development
started but not completed prior to the effective date of the act shall not continue
without a permit.
Those ongoing developments established after the effective date of the Shoreline
Management Act that have already obtained permits in full compliance with the act
and related rules adopted thereafter, pursuant to WAC 173-14.
Developments undertaken by the federal government on lands owned in fee by the
federal government, unless the federal government grants or reserves to the state or
local government substantial jurisdiction over activities on those lands.
Construction by an owner, lessee, or contract purchaser of a single family residence
for the owner's or owner's family's use; provided the residence:
a. Does not exceed a height of thirty-five (35) feet above average grade level.
b. Does not involve over-water construction and is located landward of the
Ordinary High Water Mark (OHWM).
c. Meets all other state and local requirements of this Master Program including
residential setback requirements set forth in Section 5.160 of this Master
Program.
Single family residence means a detached dwelling designed for and occupied by one
family including those structures and developments within a contiguous ownership that
are a normal appurtenance. An appurtenance is necessarily connected to the use and
enjoyment of a single family residence and is located landward of the perimeter of a
marsh, bog, or swamp. Normal appurtenances include a garage, deck, driveway,
utilities, fences, and grading that does not exceed 250 cubic yard except to construct a
conventional drain field. Construction authorized under this exemption shall be
located landward of the ordinary high water mark.
8
(Port Townsend, 10/93)
10.
11.
Normal maintenance or repair of existing lawful structures or developments, including
damage by accident, fire, or elements. Normal maintenance includes those usual acts
to prevent a decline, lapse, or cessation from a lawfully established condition. Normal
repair means to restore a development to a state comparable to its original condition
within a reasonable period after decay or partial destruction, except where repair
involves total replacement that is not common practice or causes substantial adverse
effects to the shoreline resource or environment.
Common replacement of existing development that has been damaged by accident,
fire, or the elements means:
The new development is essentially the same as the original in location, size,
design, function, and use.
The development was in existence and use at the time of adoption of the
Washington State Shoreline Management Act (June 1971).
The replacement is completed within two (2) years after damage.
Construction of the normal protective bulkhead common to a single family residence,
provided the bulkhead is constructed at or near the ordinary high water mark. A
normal protective bulkhead is constructed to protect land from erosion, not for the
purpose of creating land. Where an existing bulkhead is being replaced, it shall be
constructed no further waterward of the existing bulkhead than is necessary for
construction of new footings.
Emergency construction necessary to protect property from damage by the elements.
An emergency is an unanticipated and imminent threat to public health, safety, or the
environment that requires immediate action within a time too short to allow full
compliance with this Master Program.
Construction of a barn or similar agricultural structure on wetlands. Construction and
practices normal or necessary for farming, irrigation, and ranching activities,including
agricultural service roads and utilities on wetlands, and the construction and
maintenance of irrigation structures, including but not limited to head gates, pumping
facilities, and irrigation channels. However, a feedlot of any size, all processing
plant, other activities of a commercial nature, and alteration of the contour of the
wetlands be leveling or filling other than that which results from normal cultivation
shall not be considered normal for necessary farming or ranching activities. A feedlot
shall be an enclosure or facility used or capable of being used for feeding livestock
hay, grain, silage, or other livestock feed, but shall not include land for growing
crops or vegetation for livestock feeding and/or grazing, nor shall it include normal
livestock wintering operations.
Construction or modification of navigational aids such as channel markers and anchor
buoys. This exemption does not pertain to rafts, floats, or docks.
Construction of a new dock or placement of a single mooring buoy designed only for
pleasure craft and the private non-commercial use of the owner, lessee, or contract
purchaser of an adjoining single family residence; provided said development does not
9
(Port Townsend, 10/93)
exceed $2,500 in cost or fair market value and provided the mooring buoys do not
extend waterward more than the minus six foot or one fathom tidal elevation as
measured from the mean lower low water.
12. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as part of an
irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored ground water from the irrigation of lands.
13. The marking of property lines or corners on state owned lands, when such marking
does not significantly interfere with normal public use of the surface of the water.
14. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975 (the effective date of an amendment to RCW 90.58),
which were created, developed, or utilized primarily as a part of an agricultural
drainage or dike system.
15. Any project with a certification from the governor pursuant to RCW 80.50.
Section 4. Section 4, Shoreline Designations and Project Classifications, is hereby
amended to read as follows:
SECTION 4
SHORELINE DESIGNATIONS
AND PROJECT CLASSIFICATIONS
SUBSECTIONS
4.10 Shoreline Environmental Designations
4.20 Project Classifications
4.30 Shorelines of State-wide Significance
4.40 Existing Uses and Structures
4.50 Classification Table
4.10 SHORELINE ENVIRONMENTAL DESIGNATIONS
The shorelines of ([T,~.cC ..... p ....~.,
~ ................ j, ..........~,)) the City of Port Townsend
............... ,, ........... 2'~.¢y)) have been designated into five categories to provide a
uniform and equitable basis to guide and evaluate development proposals that take place
among the different shoreline areas.
These five shoreline designations are explained below and are graphically portrayed on the
shoreline designation map (see Appendix"B"). The upland shoreline designations (Urban,
10
(Port Townsend, 10/93)
suburban, conservancy, and natural) include wetlands as defined in this Master Program,
extending to the extreme low tide level. In some instances, the upland may contain dual
environmental designations. These limited instances occur where the area normally
considered upland may accommodate more intense activity than the shoreline proper. The
designation for all water bodies (aquatic) includes all shorelines of the state as defined in
this Master Program. There is an intentional overlapping of the upland and aquatic
designation in the intertidal zone. Projects encompassing the intertidal area will be reviewed
for consistency with both designations.
4.101 AQUATIC DESIGNATION:
Definition
The Aquatic designation refers to all water bodies, including marine waters, lakes, rivers,
and streams, and their respective water columns and underlying lands that are defined as
shorelines of the state.
Policies
The aquatic environment should be managed for appropriate use activities, allowing
either multiple use or single dominant use in areas of unique conditions, while
recognizing and ensuring compatibility with adjacent upland shoreline designations.
Abandoned structures within the Aquatic designation should be removed when they no
longer serve their permitted use unless retaining such structures will provide a net
environmental benefit, for example, artificial reef effect of concrete anchors.
All structures placed on the water's surface should have as low a profile as possible to
minimize visual intrusion.
Potential conflicts with adjacent uses such as commercial fishing, recreation, and
navigation should be considered in the review of proposed aquatic developments.
Developments should not be permitted where they would materially interfere with
existing uses.
Aquatic developments should not locate in areas where the ecological quality of the
shoreline environment would be significantly degraded.
Aquatic developments should be designed and located to ensure that they do not have
a significant adverse impact on natural dynamic processes of shoreline formation or
change.
7. Aquatic developments should make minimal and appropriate use of approved
11
(Port Townsend, 10/93)
pesticides, herbicides, antibiotics, vaccines, growth stimulants, or other chemicals.
Operators will receive prior review and approval for their use from the appropriate
federal and state agencies.
Only Federal and State approved anti-fouling agents should be used in aquatic
developments.
Performance Standards
Structures, equipment, and materials shall be removed as soon as practicable upon the
cessation of a project's operation or a structure's useful life. Any structure that is
damaged or breaks away in the water shall be repaired or removed by the permittee
as soon as practicable. Permittees who anticipate a temporary interruption of the use
of a facility or structure may be allowed to keep it in its permitted location provided
they notify and receive written concurrence from the City of Port Townsend Planning
and Building Department. Any structure not utilized for over one (1) year shall be
removed regardless of future anticipated use unless prior permission has been granted
by the City of Port Townsend Planning and Building Department upon showing of
good cause.
Permittees for developments in the Aquatic designation shall be required to post a
performance bond or other suitable guarantee to ensure removal of all structures,
equipment, and materials, should the project cease operation. The City may require
security beyond that required by the state if it is determined that state requirements
are not adequate to secure removal of structures.
Permittees shall be liable for all damages to public and private property should their
structures fail. The City may require liability insurance beyond that required by the
State if it is determined that state requirements are not adequate to cover damages.
Aquatic developments shall not be approved in narrow channels, shipping lanes, or in
other areas where they are a significant hazard to navigation.
All structures that could interfere with navigation shall be marked in accordance with
the U.S. Coast Guard Private Aids to Navigation.
The maximum level for noise generated in the Aquatic designation shall be 50 dBA at
a distance of 100 feet. This standard shall not apply to vessels that are underway. All
feasible methods shall be employed to minimize over-water noise generation.
Structures placed in the Aquatic designation shall blend into the surroundings to the
greatest extent feasible utilizing appropriate color(S), texture, non-reflective materials,
and other design characteristics.
12
(Port Townsend, 10/93)
4.102 NATURAL
Definition
A shoreline possessing unique or fragile features, either natural or cultural, that are
essentially unaltered from their natural state or relatively intolerant of human use other than
that for passive activities. Included are those areas containing hazardous or unique
environmental conditions, such as highly erosive bluffs, tidal marshes, estuaries, and active
landslides.
Policy
To preserve, maintain, or restore such a shoreline as a natural resource relatively free
from human influence and to discourage or prohibit those activities that might destroy
or degrade characteristics or present a threat to life or property.
Aquaculture developments and mechanized harvest practices involving substantial
substrate modification through dredging, trenching, digging, or adverse sedimentation
should be prohibited in wetlands and estuaries which are Natural environmental
designations in this Master Program.
4.103 CONSERVANCY
Definition
An area with valuable natural, cultural, or historical resources or environmental conditions
that should be protected, conserved, and managed to the extent that a continual supply of
those resources such as soil, water, timber, fish, shellfish, or wildlife are not degraded or
depleted but are maintained. Also included are areas containing sensitive environmental
conditions that may limit the potential for development or use, including but not limited to
steep slopes, flood prone areas, eroding bluffs, marshes, bogs, swamps, and accretion shore
forms. Low density residential and recreational uses are permitted provided these activities
do not significantly degrade or deplete resources and respect limiting environmental
condition.
Policy
To protect, conserve, and manage existing resources and valuable historical and cultural
areas in order to ensure sustained resource stabilization and that sensitive natural conditions
are not subject to inappropriate uses.
13
(Port Townsend, 10/93)
4.104 SUBURBAN
Definition
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 designation.
Policy
To provide permanent residential and recreational areas outside of urban areas, so long as
development of these areas provides adequate facilities for sewage disposal, water supply,
open space, and the like without sewer degradation to the lifestyle that was sought
initially.))
4.105 URBAN
Definition
The urban environment is an area of high intensity land use, including residential,
commercial, and industrial development. Urban shorelines should be designated for high
intensity uses. The urban designation may also be
applied to areas of lower intensity use where the surrounding land use is urban and urban
services are available.
Policies
Development in urban areas should be managed so it enhances and maintains the
shoreline for a variety of urban uses, with preference given to water dependent and
water related uses. Water-enjoyment uses that provide access to and enhance
enjoyment of the shoreline for a substantial number of persons should also be given
priority in urban areas.
Efficient utilization of existing urban areas in a manner consistent with this program
is encouraged before further expansion into non-urban areas occurs.
Pedestrian and visual access should be provided to and along the urban waterfront
area. Public access to and along the water's edge should be coordinated in a walkway
system and linked to adjacent existing or future walkways.
Urban development should provide for public views to the water. Wherever possible,
14
(Port Townsend, 10/93)
.~Tb
6.
7.
8.
9.
ge
o
the waterside of shoreline buildings should include windows, doors, and public areas
that enhance enjoyment of the shoreline and present an interesting, attractive view of
the development from the water.
Development in urban areas should preserve and enhance significant architecture and
historic buildings.
Unique natural features of the urban shoreline,such as bluffs, dunes, and wet land
areas, should be preserved and protected.
Parking facilities should be located on the upland side of buildings away from the
shoreline.
Internal and perimeter landscaping should be incorporated and maintained to screen
parking facilities from the shoreline and adjacent properties.
Development within the shoreline urban area should be consistent with other adopted
plans, programs, or policies.
Performance Standards
Development shall be limited to those uses which can be classified as a
water-dependent, water-related or water-enjoyment use. Non-water-oriented
development, while not preferred, may also be authorized as a conditional use
provided said development recognizes the public access directive of the Shoreline
Management Act and makes provisions for the public's continued and enhanced
enjoyment of the shoreline. Such provisions could be the preservation of shoreline
views, the establishment of a public access easement across and to the shoreline,
enhancement of an adjacent street-end or park, or other consideration commensurate
with the degree of impact caused by the development.
Provisions to enhance the public's use and enjoyment of the shorelines and waters of
the state shall be included with new substantial developments or any change in
principle property use to a new conditional use occurring along the shoreline.
Public access provisions shall:
a. Be of a permanent nature and shall be dedicated or otherwise protected,
including recorded with the Jefferson County Auditor.
b. Consider, in design and availability, measures to protect private property from
trespass, vandalism, littering, and the like.
c. Be suitably marked to as to inform the public as to the extent, location, and
availability of the access.
d. Be completed and available for public use at the time of occupancy of the
development.
All development shall be setback at least fifteen (15) feet from the ordinary high
water mark except those portions of water-dependent uses which require water access
or a shoreline location, or as provided in Section 4.106(3).
Unique natural features in the urban shoreline area, such as bluffs, dunes, and wet
land areas, shall be preserved and protected.
Motor vehicle parking between a new structure and the water is prohibited. Parking
shall be located no closer than fifteen feet from the ordinary high water mark or
15
(Port Townsend, 10/93)
o
10.
11.
12..
unique natural areas such as bluffs, dunes, or wet land areas.
All new or redeveloped parking areas shall provide landscaping. Landscaping shall be
provided between streets and the project site and between public access areas and
parking areas, except at exits or when a building does not set back from a street.
No fence, wall, hedge, or barrier greater than forty-two inches in height shall be
placed or enlarged nearer to the water than the building setback line. No fence, wall,
or similar structure shall be placed waterward of the ordinary high water mark.
No development shall be approved for any new or expanded building or structure of
more than thirty-five feet above average grade level that will obstruct the view of a
substantial number of residences adjoining the shoreline area.
Run-off created by new impervious, surfaces shall not increase the rate of flow or
decrease the quality of storm water from pre-project conditions.
Urban development should provide for public views to the water. Wherever possible,
the waterside of shoreline buildings should include windows, doors, and public areas
that enhance enjoyment of the shoreline and prevent an interesting, attractive view of
the development from the water.
Developments shall be designed so as not to block, adversely interfere with, or reduce
the public's visual and physical access to the water and shorelines of the state.
4.106 PORT TOWNSEND URBAN WATERFRONT SPECIAL DISTRICT
Definition
Within the urban shoreline environment is the Special District designation of the Port
Townsend Urban Waterfront. This district encompasses and includes the Port of Port
Townsend properties at Point Hudson, including that portion fronting Admiralty Inlet, and
follows the waterfront along Port Townsend Bay to and including the Port of Port Townsend
properties at the Boat Haven, and extending to the western edge of the Urban Wetland
District. The zone is the most intensely developed waterfront area in the city and includes
two major marinas, water dependent and related commercial and industrial uses, as well as
the Water Street Historic District.
In addition to the policies and standards that follow, the Special District is subject to the
policies and standards contained in the urban shoreline environment (Subsection 4.105). If
the provisions of this Subsection are specifically inconsistent with any other provisions of
this program, the provisions of this Subsection will apply.
The Port Townsend Urban Waterfront Plan (UWP) describes the district in greater detail
and is incorporated herein by reference. The UWP delineates the district into eight
subdistricts from southwest to northeast:
Urban Wetland District
Boat Haven Marine District
Regional Service Commercial District
16
(Port Townsend, 10/93)
5.
6.
7.
8.
Bluff Narrows Commercial District
Ferry Retail District
Historic Commercial District
Civic District
Point Hudson Marina District
The boundaries of these subdistricts are described by the map appended hereto as "Appendix
The Historic Commercial District is the urban commercial core of the community and is
dominated by activities and businesses that are not dependent on a waterfront location.
However, water-related and water-enjoyment activities do exist in the form of parks,
restaurants, street-end beaches, and piers that afford an opportunity to enjoy the town's
shoreline amenity.
Existing development in the remaining seven districts ranges from traditional maritime,
water-dependent uses to newer transitional uses, principally transient accommodations and
residential buildings.
Several parcels present opportunities for development of water-dependent, or at least water-
oriented uses.
Policies
A mixture and variety of uses and activities in the Port Townsend Urban Waterfront
District is encouraged, particularly those that:
a. Are water-dependent or water-related uses or are accessory to or support water
dependent and/or water-related uses.
b. Provide an opportunity for the public to actively or passively enjoy the
community's waterfront amenity.
c. Are accessory to or support water dependent and/or water related uses.
d. Blend with or enhance the character and flavor of the Port Townsend Urban
Waterfront.
e. Provide a physical link or connection open to ~e public between the upland
and the shoreline.
f. Are supportive and reinforcing of the design and architectural qualities of the
Water Street National Historic District when located within or adjacent to its
boundaries.
A public pedestrian walkway system should be established along the Special District's
waterfront utilizing a combination of natural beaches, pathways, piers, wharves,
street-ends, sidewalks, stairways, or other improvements. Although it may not be
feasible for the walkway system to be continuous throughout the entire area, it should
17
(Port Townsend, 10/93)
ge
e
promote quality pedestrian access to and along major portions of the waterfront. The
street-ends of Thayer, Decatur, Keamey, Gaines, Scott, Walker, Calhoun, Tyler,
Adams, Quincy, and Monroe Streets should, at a minimum, become developed access
points to the shoreline. Linkage between these street-ends should be determined by the
physical characteristics of the shorelines, existing development patterns, potential for
structural improvements, and other factors relevant to developing a continuous
pedestrian system.
Existing piers and wharves along the Port Townsend Special District's waterfront
should be refurbished or rebuilt in order to maintain a modern-day link with the
community's maritime history. The refurbishment or redevelopment of existing pier
and wharf structures and new over-water structures should be developed only to serve
water dependent uses.
Existing water-dependent and water-related uses should be preserved and protected as
critical elements of the traditional and current economy of the city, as well as
elements which define the character of the community.
Except within the Historic Commercial District, new residential or transient
accommodation developments should not be allowed unless as part of a mixed-use
project incorporating water-dependent, water-related or water-enjoyment uses.
Properties within the Boat Haven Marina District should preserve water-dependent or
publicly oriented recreational uses along the shoreline and foster adjacent upland
water-related commercial and water-related industrial uses which are necessary to
support an economically viable Port District.
Properties within the Point Hudson Marina District should preserve or protect existing
water-oriented uses. New development or redevelopment should be designed to
provide for water-related uses in conjunction with a variety of other water-enjoyment
USES.
Performance Standards
Development shall be limited to those uses which can be classified as a water-
dependent, water-related or water-enjoyment use. Non-water-oriented development,
while not preferred, may also be authorized as a conditional use provided said
development recognizes the public access directive of the Shoreline Management Act
and makes provisions for the public's continued and enhanced enjoyment of the
shoreline. Such provisions could be the preservation of shoreline views, the
establishment of a public access easement across and to the shoreline, enhancement of
an adjacent street-end or park, or other consideration commensurate with the degree
of impact caused by the development.
18
(Port Townsend, 10/93)
ge
New structures or exterior alterations of existing structures located within or
immediately adjacent to the Water Street Historic Commercial District shall not
detract from the design and architectural integrity of the district. To this end, plans
for development shall include exterior elevations with enough design details to be
evaluated by appropriate historic preservation agencies.
Public access provisions shall include consideration for both physical and visual
access to the shoreline. Said provisions shall be coordinated with the Port Townsend
Planning and Building Department and planned in conjunction with the
Comprehensive Public Access Plan and shall provide a link between the shoreline and
upland and/or connect with adjacent access provisions as exists or are planned.
The setback for non-water dependent elements of developments within the Port
Townsend Urban Waterfront Special District shall be a minimum of fifteen (15) feet
from the ordinary high water mark, except for those structures within the Water
Street Historic Commercial District where there is no standard minimum setback from
the ordinary high water mark.
New or expanded structures are subject to the specific height limits of the special
overlay district adopted in the Urban Waterfront Plan and codified in Chapter 17.24
of the Port Townsend Municipal Code (see Appendix E).
The redevelopment and revision of existing wharves and piers may be permitted to
serve water dependent or water related uses. Water enjoyment uses may be
authorized as conditional uses on these structures, provided such uses are integrated
elements to an overall redevelopment plan meeting all of the following conditions:
a. The redevelopment is to an existing, contributing structure within the Water
Street National Historic District as recognized by the National Trust for
Historic Preservation.
b. The structure is recognized by appropriate historic preservation agencies as
having local and state-wide historic significance.
c. The structure has an established history of mixed uses, both water oriented and
non-water oriented uses.
d. The redevelopment does not exceed the structure's historic, over-water
footprint.
e. Buildings and other structures located on the wharf or pier are approved by
appropriate historic preservation agencies as being compatible and reinforcing
of the architectural integrity of the historic district.
f. A significant element or component of the developed area is dedicated to water
dependent and water-related uses.
At least one-third of the pile supported structure including a perimeter
walkway is dedicated for public access and enjoyment of the shoreline. All
public access provisions shall be completed and available for public use upon
completion of the first component of the development.
The redevelopment will not result in a reduction in the amount of physical
public access to and over the water as currently exists.
The City of Port Townsend shall be a party to a binding agreement to
guarantee that public access and enjoyment provisions are continuously
19
(Port Townsend, 10/93)
maintained.
7. New development or redevelopment within the Boat Haven Marina District shall be
limited to water-dependent or water-related uses.
8. New development or redevelopment within the Point Hudson Marina District shall be
limited to water-oriented uses.
9. Residential or transient accommodation uses may be permitted as a conditional use,
provided that each of the following conditions are met in addition to those criteria set
forth in Subsection 4.203.
a. Residential and transient accommodation uses shall not occupy any portion of
the ground floor of any buildings. Accessory uses, such as lobbies, which
provide services or access to residential or transient accommodations are
allowed on the ground floor.
b. A minimum of fifty percent (50 %) of the total ground floor area of all
buildings which include any residential or transient uses shall be reserved on a
continuous basis for water-oriented uses, except in the Boat Haven Marina and
Point Hudson Marina Districts.
Exceptions to//9 above:
i. Residential and transient accommodation uses in the Historic
Commercial District are primary uses and shall not require a conditional
use permit, but shall not contain residential or transient accommodation
uses on the ground floor.
ii. The Historic Commercial District is exempt from the 50% requirement for
providing water-oriented uses in buildings, provided the ground floor is
reserved for commercial retail or service uses permitted by the underlying
zoning.
iii. Properties located between Gaines Street and the western boundary of
the Historic Commercial District which are on the upland side of Water
Street are also exempt from 9Co) above.
iv. Pre-existing structures shall not be required to provide water-oriented uses for
a minor addition, remodel or alteration when it will not increase the floor area
more than twenty percent (20%) of the total floor area of the existing structure
as it exists at the time of adoption of this provision.
10. Incentives to protect and encourage pier and wharfs:
a. The floor area of any existing pier or wharf which provides water-dependent
or publicly oriented recreational uses may be substituted for up to one-half of
the required floor area developed on the uplands for water-oriented uses.
b. The floor area for any new wharf or pier constructed to serve water-dependent
or publicly oriented recreational uses can be substituted for a 1:1 replacement
of the 50 % floor area requirement of providing water- oriented uses on the
ground floor.
c. Public access shall be provided to piers and wharfs under a & b above unless
incompatible commercial operations on the structure preclude it.
11. Uses allowed on piers and wharfs:
a. Water-dependent uses or publicly oriented recreational uses shall be allowed
20
(Port Townsend, 10/93)
on piers and wharfs as a primary use.
Water-related uses which provide necessary support services to water-
dependent uses may be allowed on piers and wharfs as a conditional use.
No uses other than 11 (a.) and (b.) above shall be allowed over water except
as described in Performance Standard 6 (a-i) above.
4.20 PROJECT CLASSIFICATIONS
Development proposals are categorized within each shoreline designation as primary,
secondary, conditional, or prohibited uses. This priority system determines the proposal's
administrative requirements and encourages activities that are compatible with each shoreline
designation. In all cases, the applicant shall have the burden of proof to show consistency
with the provisions of the Act and this Master Program.
During application review, the basic element or intent of a proposed development will guide
in the determination of the proposal's particular use activity. When a proposal contains two
or more use activities within a shoreline designation, each activity may be reviewed
independently and the total project considered on the whole.
In the review of a shoreline permit, consideration will be given to the cumulative impact the
project may have with similar use activities. This review is to ensure that the resulting total
effect will not thwart the intent and policies of the particular shoreline environmental
designation, nor result in substantial degradation of the shoreline itself.
4.201 PRIMARY
Definition
In general, those categories of uses that are deemed as being preferable with the definition
and policy of a particular shoreline designation.
Criteria
Primary uses are presumed to be generally consistent with the policies and definition of the
shoreline designation where it is located. Projects will be reviewed for consistency with
specific goals and policies and must comply with the performance standards specified for the
particular type of development being reviewed.
21
(Port Townsend, 10/93)
4.202 SECONDARY
Definition
Those uses that are not automatically deemed as being preferable within the scope of the
definition or policy of a particular shoreline environmental designation.
Criteria
Applicants for shoreline substantial development permits for secondary uses will have the
burden of proof to demonstrate that:
The proposal will not be contrary to the general intent of the Shoreline Management
Act, nor shall it be contrary to the goals, policies, and performance standards of this
Master Program.
The proposed project will not materially interfere with the public use of public lands
and waters or the private use of adjacent private lands.
The proposed project will not cause unnecessary adverse effects on the environment
or other properties and will be compatible with other permitted uses in the area.
4.203 CONDITIONAL
Definition
Those uses that are deemed least preferable within the scope of the definition and policies of
a particular shoreline environmental designation. While not prohibited outright, these uses
are an exception to the general rule. A conditional use permit is intended to allow for
flexibility and the exercise of judgement in the application of regulations in a manner
consistent with the policies of the act and this Master Program. Requests for a variance
from the uses allowed within a shoreline designation shall be evaluated as a conditional use
subject to the criteria of this subsection, provided uses which are prohibited shall not be
authorized. A change of use from a permitted use to a conditional use requires a
conditional use permit.
Criteria
Applicants for shoreline conditional use permits shall have the burden of proof to
demonstrate that they are in conformance with WAC 173-14-140, as amended, and all of the
following:
22
(Port Townsend, 10/93)
2.
3.
4.
5.
That the proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the Master Program;
That the proposed use will not interfere with the normal public use of public
shorelines;
That the proposed use of the site and design of the project is compatible with other
permitted uses within the area;
That the proposed use will cause no unreasonable adverse effects to the shoreline
environment in which it is to be located; and
That the public interest suffers no substantial detrimental effect. In those limited
instances where a conditional use is proposed, consideration shall be given to the
cumulative impact of additional requests for similar actions in the area.
Furthermore, the Shoreline Management Act requires that permits for variances and
conditional uses must be submitted to the Washington State Department of Ecology for final
approval.
In authorizing a conditional use permit, special conditions may be required by Jefferson
County, the City of Port Townsend, or the Washington State Department of Ecology to
control or prevent adverse effects of a project or to further the policies of the Shoreline
Management Act and this Master Program.
4.204 PROHIBITED
Some developments and uses by their nature are not consistent with the definition, policies,
or intent of certain shoreline environmental designations. For the purpose of this program,
these uses are not considered appropriate or applicable, therefore, they are not allowed.
Uses that are prohibited within a shoreline environment may not otherwise be permitted
without first amending the Master Program to allow said use.
4.205 UNCLASSIFIED
Unclassified uses are those uses which are not classified in the foregoing definitions or in
the uses listed in Section 5. Such uses shall be reviewed as a conditional use including the
applicants additional burden to demonstrate that extraordinary circumstances preclude
reasonable use of the property consistent with the provisions of the Master Program.
Appeals from the administrator's decision may be made under the provisions set forth in
Section 9 of this Master Program.
4.30 SHORELINES OF STATE-WIDE SIGNIFICANCE
Definition
23
(Port Townsend, 10/93)
Shorelines of state-wide significance, with respect to Jefferson County and the City of Port
Townsend, are identified as:
1. Those lakes, whether natural, artificial, or a combination thereof, with a surface
acreage of one thousand acres or more measured at the ordinary high water mark,
including their associated wetlands.
2. Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca
between the ordinary high water mark and the line of extreme low tide, which are
Hood Canal from Tala Point to Foulweather Bluff south to the Mason-Jefferson
County line,including their associated wetlands.
3. Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters
north to the Canadian line and lying seaward from the line of extreme low tide.
4. Those natural rivers or segments thereof downstream from a point where the mean
annual flow is measured at one thousand cubic feet per second or more. In Jefferson
County these rivers, including their associated wetlands, are:
a. The Clearwater River from the confluence of Miller Creek within Section 27,
Township 25 North, Range 12 West, WM downstream, excluding federal
lands, to the Quinault Indian Reservation within Section 29, Township 24
North, Range 10 West WM.
b. The Hoh River from the Olympic National Park boundary within Section 29,
Township 27 North, Range 10 West, WM downstream to the Hoh Indian
Reservation within Section 20, township 26 North, Range 13 West, WM.
c. The Quinault River from the east section line of Section 33, Township 24
North, Range 8 West, WM downstream to the Hoh Indian Reservation within
Section 20, Township 27 North, Range 13 West, WM.
All development within shorelines of state-wide interest shall meet the following policies
listed in descending order of preference:
Policies
2.
3.
4.
5.
6.
7.
Recognize and protect the state-wide interest over local interest.
Preserve the natural character of the shoreline.
Result in long term over short term benefit.
Protect the resources and ecology of the shoreline.
Increase public access to publicly owned areas of the shorelines.
Increase recreational opportunities for the public in the shorelines.
Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
Performance Standards
All proposed developments within shorelines of state-wide significance shall comply
24
(Port Townsend, 10/93)
with the appropriate provisions of this Master Program.
Forest management development and activities situated within two hundred feet
abutting landward of the ordinary high water mark within shorelines of state-wide
significance shall only employ selective timber cutting so no more than thirty percent
of the merchantable trees may be harvested in any ten year period of time; provided
other timber harvesting may be permitted in those limited instances where the
topography, soil conditions, or silvicultural practices necessary for regeneration
render selective timber cutting ecologically detrimental; provided further that clear
cutting of timber that is solely incidental to the preparation of land for other uses
authorized by the Shoreline Management Act and this Master Program may be
permitted.
4.40 CLASSIFICATION TABLE
The class ca on e .................... ~ ................ ~, ...................... on e
following page provides a graphic representation of the environmental designations as well
as the policies and performance standards contained in this Master Program by indicating
project classifications.
The mahqx classification table lists various uses that can occur within the shoreline
environment on the left column. Environmental designations (obtained from Appendix "A"
and "B" for any specific location in the county or city) are listed across the top. The
classification is determined by following a use line and a designation line to their mutual
intersection.
Appendix "C" designates specific sub-district boundaries within the larger Port Townsend
Urban Waterfront Special District. Under Section 4.106, certain uses are classified as
primary uses, conditional uses, or may be prohibited outright, depending upon the policies
and performance standards described for a Sub-district, Appendix "D" lists examples of
water-oriented uses and helps to further define uses which are water-dependent, water-
related, or water-enjoyment.
The classification of a project determines the level of review that it will receive. Theiiiii~
appendices described above provides a guide for the classification of project proposals.
25 (Port Townsend, 10/93)
APPENDIX hA" - USE CLASSI~ATION TABLE
ENVIRONMENTAL DESIGNATIONS URBAN PTUW SUBURBAN CONSERVANCY NATURAL AQUATIC
ADVERTISING
On-pmn~ s s s s x c
Off-premise C X C C X X
AGRICULTURE S S_ S P C N/A
PassivedF-sdmncement P S P P C P
Extensive Upland P S $ S X N/A
Extemive Intertidal P S S P S* <--
Extensive Subtidal S S S S S* <--
Intensive Upland P S S S X N/A
Intensive Subtidal S S S S S* <--
AQUACULTURE S S_ S P C P
BOAT LAUNCHES P P P S C <--
COMMERCIAL
Water-related nndor dependent and/or p _ps S S_ X <--
enjoyment
Non-water oriented C _C4 C C X X
DOCKS, PIERS, AND FLOATS S S_ S S C <--
DREDGING S S S C X < --
FOREST MANAGEMENT S S P P C N/A
INDUSTRIAL AND PORT FACILITES
Water related and/or dependent P P? S C X <--
Non-water oriented S X C C X X
LANDFILLS
Uplnnd P _P P S X N/A
Aquatic S S C C X < --
MARINAS P P S C X < --
MINING C C C C X < -
MOORING BUOYS S S P P C <--
PARKING FACILITIES
Vistns S S P P C C
Non-Vistas S S S C C C
RECREATIONAL FACILITIES
Over-night P P S S X X
Day use P _P P S C <--
RESIDENTIAL DEVELOPMENT C2 C~ P S X X
SCIENTIFIC & EDUCATIONAL FACILITIES P P P P S <--
SHORE DEI~NSE WORKS S S S S C C
TRANSPORTATION FACILITIES P _P S C C <--
UTILITIES P P S C C C
***See Legend on following page for interpretations of classification table.
Legend for APPENDIX"A" - Use Classification Table
PTUW - Port Townsend Urban Waterfront Special District
P - Primary S - Secondary
C-Conditional
<-- Same as upland X - Prohibited N/A - Not applicable
Projects in the aquatic desigation that originate
waterward of the extreme low tide (see Figure 3), but have
been classified with an arrow ( <--), shall be considered the
same as the adjoining upland.
2 Residential development that meets the criteria
for single family residential development under Section
3.402(5) shall be a primary use.
3 Except in the Historic Commercial District
where transient accommodation and residential uses above the
ground floor are primary uses.
4 Except in the Historic Commercial District
where non-water-oriented commercial uses are primary uses.
Except in the Boat Haven Marina District
where water-enjoyment uses are not p6rmitted.
Except in the Boat haven Marina District and
Point Hudson Marina Districts where residential development
is prohibited.
7 Except in Point Hudson Marina Districts where
water-oriented uses are primary uses.
See Section 5.30, Aquaculture, Policy #11.
APPENDIX t-~
PORT
TOWNSEND
SHORELINE DESIGNATIONS
AND HARBOR AREAS
Mail Key
Shoreline Designations
[---j Natural
Conservancy
8uburball
Urban
Aquatic
26.X.93
/
/
/
/
////
/ /
/ /
/
SCALE: 1' = 1600'
NOTE:
FOR INFORMATION PURPOSES ONLY --
Refer to the Shoreline Management Master Program
and recorded Harbor Maps and descriptions
for actual boundary locations.
X
APPENDIX D - Examples of Water-Oriented Uses
WATER-DEPENDENT USES
In-Water Boat Storage
a. Docks, slips, piers, and other facilities at which boats are berthed.
On-Land Boat Storage
a. Boat building, repair, servicing, and dry docking
Hand-Launch Boat Sites
a. For kayaks, dinghies, canoes, and wind-surfers
Passenger Ferry Terminals
Sewer Outfalls
Fuel Storage and Fueling Facilities for Marine Craft
WATER-RELATED USES
Marine Fabrication
a. Sail and canvas accessory manufacture
b. Spar and rigging construction
c. Marine-oriented carpentry
d. Construction of boats
e. Blacksmithing, block-making and casting
Marine-Related Services
Functions necessary to serve in-water and on-land boat storage and working boatyards, including,
but not limited to:
a. Boat dealers and brokers
b. Boat rentals and charters
c. Marine parts, supplies and accessories
d. Diving rentals, classes and merchandise
Marine Transportation and Water Taxi
Utility Lines Serving Waterfront Uses
WATER-ENJOYMENT USES
Public Ecological and Scientific Reserves
Public Waterfront Parks
Public Use Beaches
Aquariums Available to the Public
Yacht, Sailing, Kayak Club Offices and Member Services
Marine Oriented or Natural History Museums
Boat Building Schools or those oriented to marine trades
Restaurants available to the public as part of a mixed use
Retail businesses housed in mixed use projects designed to take advantage of a waterfront location, protect
views of the water and enhance pedestrian traffic, and which display and sell merchandise oriented to
marine uses, including but not limited to:
a. Marine hardware
b. Fishing tackle
c. Marine chandleries
d. Boat furniture
e. Marine maps, books, magazines, catalogues
f. Marine oriented provisions and clothing
General Marine Services that are also part of mixed use projects that offer office and research functions
contributing to marine activities including, but not limited to:
a. Marine research and environmental services
b. Maritime associations
c. Marine oriented laboratories and experimental facilities
d. Specialized professional services to the marine trades
e. Marine photography, prmtmaking and chartmaking
f. Marine documentation
g. Marine transportation operations
27
(Port Townsend, 10/93)
Section 5. Section 6, Administration, of the Jefferson-Port Townsend Shoreline
Management Master Program is hereby amended to read as follows:
SECTION 6
ADMINISTRATION
SUBSECTIONS
6.10
6.20
6.30
6.40
Shoreline Commission
Program Administration
(( ...... j Commi::ioner.~ and)) City Council
Application
There is hereby established by this Master Program an administrative system designed to
assign responsibilities for review of substantial development permits, to prescribe an orderly
process by which to review all permit applications, and generally to ensure that all persons
coming within the jurisdiction of this Master Program are treated in a fair and equitable
manner.
6.10 ADVISORY COMMISSION
There is hereby ((er-eate~)) authorized by this Master Program ((
.......... ;; appointment
of a Port Townsend Shoreline Management Advisory Commission whose composition
and appointments are as follows: The commission shall be comprised of ~wo seven
o...~..... -vl-.*..~.....--v...............o.............. ,[,,o ............ o,.,,,
--.~.^-^ -, .... ~ ............ ~.~ ..... ~,- :- ,~.~ ,~,~., ',::-~ ...... .~ .... +, .... c _~;.... Individual
membership shall be based On either individuals residing within City limits; and/or those
Jefferson County residents who work within the City who derive a significant portion of
their livelihood in the marine trades; and/or who operate or work within a business located
within the City's shoreline jufisidicfion; and\or Jefferson County residents who represent a
county-wide environmental organization which is actively involved in city shoreline matters
No less than four members of the Commission shall be residents of the City of Port
Townsend. Commission memebers shall be appointed by the Mayor subject to confirmation
by a majority vote of the City Council. Each member shall be appointed for a term of three
years.
28
(Port Townsend, 10/93)
~$ 73
In order to foster continuity on the Commission and to avoid circumstances in which more
than three new members are appointed at the same time. the initial a_r)pointments shall be for
special terms as follows: Three initial members shall be ar)pointed to three year terms: two
initial members shall be appointed for two ye, ax terms and the remaining two initial members
shall be appointed for one year terms, There, after, each appointment shall be for a three year
term. except in the event of a Vacancy before expiration of the term. in which case the
a_r)pontment shall be for the unexpired remainder of a term.
Until such time as the initial members of the commission are ~_tx)inted and confirmed, the
Port Townsend Planning Commission shall serve as the Shoreline Management Advisory_
Commission and shall assume all of the responsibilities of the commission set forth in this
Master Program.
The responsibilities and duties of the commission are those identified below and in the
commission's by-laws.
Establish and maintain bylaws by which to conduct meetings and public hearings and
to use as a parliamentary guide in making decisions.
Review all proper and complete substantial development permit applications of
secondary and conditional uses and variance requests within the scope of this Master
Program.
Review any and all information, testimony, or correspondence from interested
persons, groups, or agencies with respect to substantial development permit
applications for secondary or conditional uses and variance requests.
Conduct public hearings associated with Items 2 and 3 above.
Make findings and evaluations and thereafter formulate and transmit recommendations
th City (( ~-^~--~ ~'
to e Council or
j ............. )) that permits for secondary and conditional uses and variance requests
be granted or denied with respect to compliance with the Shoreline Management Act
and this Master Program.
Condition any permit recommended for approval associated with Item 5 above in
order to prevent undesirable effects of the proposed area, as well as bringing about
conformance with the goals, policies, and standards of this Master Program.
Develop and/or review any proposed amendments and adjustments to this Master
Program and make recommendations relative thereto to the City Council.
6.20 PROGRAM ADMINISTRATION
The [[Ia'C'$' .... ~ {.I ....~..,
~ ............... j)) Port Townsend Planning and Building Department is hereby vested
with general overall administration of the Shoreline Management Act and this Master
Program (("':"' ........ regpect ,~,,,-,,~ ~,,..T~'~' ..... ,~._.......j, .... .~.,.'~ ,~..~,.,. r,:,..,...,j ,,.'"' ~'*,,., Tv.wnsend)). ((~
29
(Port Townsend, 10/93)
~. The responsibilities and duties of the Planning and Building Department include the
following:
2.
3.
4.
e
10.
11.
12.
13.
14.
15.
16.
17.
Prepare and use such forms it deems essential for administrative purposes. Such
forms shall be consistent with WAC 173.14.110.
Advise and assist applicants for shoreline permits of administrative requirements and
review criteria of the Shoreline Management Act and this Master Program.
Insofar as possible, ensure that all shoreline permit applications are proper and
complete prior to review.
Ensure that all administrative requirements designed by the Shoreline Management
Act and this Master Program are accomplished in processing shoreline permit
applications.
Insofar as possible, ensure that all foreseeable and pertinent data, correspondence, and
testimony regarding permit applications has been considered and are in order prior to
review.
Present permit applications for secondary and conditional uses and variance requests
together with any findings, evaluations, and recommendations to the shoreline
management advisory commission.
Present permit applications together with findings, evaluations, and recommendations
· ,~n..~ "' ....~" '"^--:~: ..... and)) City COuncil.
to the ((~..~.. ~'
Review all proper and complete shoreline permit applications for primary uses.
Review any and all information, testimony, or correspondence from interested
persons, groups, or agencies with respect to shoreline permit applications for primary
UseS.
Make findings and evaluations and thereafter formulate and transmit recommendations
to the Board of County Commissioners and City Council that permits be granted or
denied for primary uses with respect to compliance with the Shoreline Management
Act and this Master Program.
Condition any permit recommended for approval associated with Item 10 above in
order to prevent undesirable effects of the proposed use, as well as bringing about
conformance with the goals, policies, and or standards of this Master Program.
Provide technical and administrative assistance to the Shoreline Commission ((,-Boar4
........ ~ .................. ,)) and City Council relative to the Shoreline Management
Act and this Master Program.
Act as the primary liaison between local and state agencies in the administration of
the Shoreline Management Act and this Master Program.
Make administrative decisions and interpretations regarding the Shoreline
Management Act and this Master Program.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions of any approved shoreline permit
issued by
~ ............... .~ or)) the City of Port Townsend.
Assist in the development and processing of any proposed adjustments of this Master
Program.
Insofar as possible, ensure that all foreseeable pertinent data, correspondence,
30
(Port Townsend, 10/93)
18.
19.
testimony, and recommendations on proposed adjustments to this Master Program are
considered and are in order prior to review.
Present proposed adjustments to this Master Program, together with findings and
~^~.a ~ ....... "'^----:~: ..... and)) City Council.
recommendations, to the ((...,_.. c,f ...... ~ ..................
Undertake measures to inform the citizens ofw,-.-,--~,-tt'~"t ..... '~....,,..,.~ ....... and)) the City of
Port TOwnsend of the philosophy, purposes, goals, requirements, implications, and
technical considerations associated with the Shoreline Management Act and this
Master Program.
6.30 {Ir, rv~t~v'vv r~r'v~x~,atc~c, tr~xtr:t)e a xrrwf~
~ ............................... , CITY COUNCIL
The ttt~cc ..... r, ....... ,,~..a ~, r.___:..: ....... a Sc.)) Port Townsend City Council ((
......... ~ .......... ~-~ a ............ , ~c ~e sole 1~ ............ au
em~wer~ to grot or deny a shoreline ~rmit. The res~nsibilities ~d duties of ~e
(~d~r ~....J"' ~--:~':~-.-..oo.~..~. ..... ~ ~d)) City Council with reset to this Masmr Program
include the following:
o
Consider through public heatings or other means all pertinent data, testimonY,
correspondence, findings, evaluations, recommendations, and conditions related to any
application for a shoreline permit.
Accept or reject any recommendation and or condition(s), or portion thereof, or
develop any additional or new condition(s), and thereupon take action to grant or deny
applications for permits with respect to compliance with the Shoreline Management
Act and this Master Program.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions for any approved permit issued by
((Jcffcrr, c,n Cc, unty c,r)) the City of Port Townsend.
Act as an appeals board to adjudicate grievances brought forth by a person regarding
administrative decisions or interpretations associated with the Shoreline Management
Act and this Master Program.
Consider through public hearings or meetings all pertinent data, testimony,
correspondence, findings, and recommendations related to any proposed adjustments
to this Master Program.
Accept or reject any recommendation or portion thereof and thereupon take action to
adopt or not adopt any proposed adjustments to this Master Program.
6.40 APPLICATION
Any person(s) who wishes to conduct substantial development within the geographical
jurisdiction of this Master Program shall ((supply)) apply to ((~ffcrr, c,n Count)' or)) the City
of Port Townsend through the ((Jzffcrsc. n Cc. ant),)) Port Townsend Planning and Building
Department for a shoreline permit. A shoreline permit is considered the last governmental
approval prior to construction or issuance of a building permit. If a proposal involves other
31
(Port Townsend, 10/93)
governmental approvals, as in a rezone or subdivision approval, these other issues shall be
resolved prior to final action on a shoreline permit application.
6.401 PROCEDURE
The following procedure shall be applied to the processing of shoreline permit applications
in order to assure that review of an application is expedient and equitable:
10.
An applicant must submit a proper and complete application in accordance with WAC
173-14-050 to the Planning and Building Department on forms so designated.
An applicant may need to submit a proper and complete environmental assessment or,
if appropriate, environmental impact statement to the Planning and Building
Department ((of)) on forms or in a format so designated.
Application fees must be paid in accordance with those established by ((d~e4e-ffc¢-~
,~ .... ,. ,,~..~ ^c ,',^--:~: ..... )) ordi
...... ., ....................... nance.
Any local, state, or federal agency that may have interest in the proposed project shall
be notified by the Planning and Building Department for any comments that agency or
department may have.
After all pertinent data and input has been accumulated, a public heating before the
shoreline management advisory commission for any secondary or conditional use
applications or variance requests shall be scheduled, or, in the case of primary use
applications, a public hearing may be scheduled. Public notice of a public hearing
shall be made in accordance with Subsection 6.402 of this Master Program.
The ((x,^~..~ ~ r~ .... "' '"^--:~: ....... '~ ))City Council ((-':'~' ...... ' '~ '~'^:-
o,.~,,,,, j ............ ,)) shall act on applications as outlined under Subsection 6.30 of
this Master Program. The (~,c. ard..."c r,.....o.,.,,., o~-~:~:....,_.....oo........ ....... o ... )) City Council may
refer the application back to the Shoreline Commission or the Planning and Building
Department ((, ~- ~:"- ~'~-:-: .... *""~ for further review.
The Planning and Building Department shall transmit within eight days final action
taken on an application to the applicant, Washington State Department of Ecology,
Washington State Attorney General's Office, and any person who has requested
notice.
A person who is aggrieved by action taken on an application may appeal the decision
in compliance with Section 9 of this Master Program.
A recipient of a shoreline permit from the county or city shall not commence
development or construction until thirty (30) days from the date of filing with the
Washington State Department of Ecology or until all appeal proceedings have
terminated. Due to the Department of Ecology's review of conditional uses and
variances, the date of filing may be up to thirty days from the date of receipt of the
permit by the Department of Ecology.
Any development, construction, or activity conducted pursuant to a shoreline permit
issued by~v.,,.....~o.~,..{t'r~'e'e ..... ~,.,,,~..~j*" or)) the City of Port Townsend shall-be completed
within any time limits for completion that are imposed as a condition of permit
approval, or outlined under Subsection 6.405 of this Master Program.
32
(Port Townsend, 10/93)
6.402 PUBLIC NOTICE
Notice of an application and its public hearing, if any, shall be made as follows:
1. The Planning and Building Department shall publish legal notices at least once a
week, on the same day of the week, for two consecutive weeks, in a newspaper of general
circulation within the county or city in accordance with the format prescribed by WAC
Department shall send notices to adjacent property owners within 200 feet of the proposal
advising them of a substantial development permit application. Names and addresses of
adjacent property owners shall be provided to the Planning and Building DePartment by the
applicant, subject to Planning and Building Department approval. The applicant shall be
responsible for posting public notices and maintain them in place until a decision is issued.
The notices shall be placed in conspicuous locations on or near the property, on a public
notice sign provided by the city, in a waterproof sleeve. An affidavit of posting shall be
signed, notarized, and returned to the Department by the applicant no later than seven (7)
days after the notices are provided.
The Planning and Building Department shall publish at least one legal notice of a scheduled
public hearing of an application in a newspaper of general circulation within the county or
city. The notice shall be made after the last publication date of notice of application and at
least ten days prior to the public hearing.
6.403 BONDS
To guarantee that conditions imposed in conjunction with permit approval are completed,
the ((o~...~ ^,, ,-, .... "' ~^--:'-: ..... )) City C cil ((
jiiti~ion~)) may require the applicant to post a performance bond in an amount
satisfactory to the (~oard ar)) council. Any such bond shall be from a reputable bonding
company in a form acceptable to the rrT~'~' ..... r- .... '1' n ....... *;'~ ^ +, ..... ,k~,~ City
((of '~"' ~' ........
............. )) Attorney.
33
(Port Townsend, 10/93)
6.404 REVISIONS
~o .............. ~ o0) the City of Port Townsend receives application to revise a
shoreline permit previously granted,(('u .... ...... J ..... .u~,, .... :,~. rc. apcct ,~ ....... ,u~:. ~parate
o ........... ,)) the City Counqil shall first determine if the desired modifications are "major
and significant." If the modifications are determined as major and significant, a new and
complete application shall be processed in compliance with this section. If the proposed
modifications are determined as not being major and significant, the (~,ard or))City
Council shall review and thereafter approve or deny the request for permit revision. When
a permittee seeks to revise a permit, the ttT~C~'
X~ ...............V)) Planning and Building
Department shall request from the permittee detailed plans and text describing the proposed
changes in the permit.
If (0efferg~n r, ....
...... j e-.0) the City of Port Townsend determines that the proposed changes
are within the scope and intent of the original permit, they may approve a revision. "Within
the scope and intent of the original permit" means all of the following:
3.
4.
5.
6.
7.
No additional over-water construction is involved, except that pier, dock, or float
construction may be increased by 500 square feet or 10 percent from the provisions of
the original permit, whichever is less.
Ground area coverage and height of each structure may be increased a maximum of
ten percent from the provisions of the original permit.
Additional separate structures may not exceed a total of 250 square feet.
The revised permit does not exceed height, lot coverage, setback, or any of the
requirements of this Master Program except as authorized under the original permit.
Additional landscaping is consistent with conditions (if any) attached to the original
permit and with this Master Program.
The use authorized pursuant to the original permit is not changed.
No substantial adverse environmental impact will be caused by the proposed revision.
If the sum of the revision and any previously approved revisions violate the provisions
above, the county or city shall require that the permittee apply for a new permit in the
manner provided in this Master Program. Within eight days of the date of final
action by the city or county, the revision, including the revised site plan, text, and the
final ruling on consistency with this section, shall be filed with the Washington State
Department of Ecology and Washington State Attorney General. In addition, the
Planning and Building Department shall notify parties of record of their action. If the
revision to the original permit involves a conditional use or variance that was
conditioned by the Department of Ecology, the Planning and Building Department
shall submit the revision to the Department of Ecology for their approval, approval
with conditions, or denial. The revision shall indicate that it is being submitted under
the requirement of WAC 173-14-064(5). The Department of Ecology shall render
and transmit to the Planning and Building Department and the permittee their final
decision within fifteen days of the date of their receipt of the submittal from the
county or city. The Planning and Building Department shall notify parties of record
34
(Port Townsend, 10/93)
,..:9,.375..`
of the Department of Ecology's final decision. The revised permit is effective
immediately upon final action by the county or city or, in the case of a conditional
use or variance, by the Department of Ecology, in accordanCe with WAC 173-14-064.
6.405 EXPIRATION
Criteria for determining when a shoreline permit expires are as follows:
Construction or substantial progress toward construction of a project for which a
shoreline permit has been granted pursuant to this section shall be undertaken within
two (2) years after permit approval or the permit shall expire. If such progress has
not been made, a new shoreline permit application will be required. ~tT~,~, .....
t, .... ,. ~ ............. )) ¢0uncil may, at its discretion, grant one
...... j c.r)) The City ((e.f o^4 ~- ........
extension of the two year time period prior to its expiration for up to one year with
prior notice to parties of record and the department based on factors such as
project-related litigation or the inability to expeditiously obtain other governmental
permits.
If a project for which a shoreline permit has been granted has not been completed
within five (5) years after permit approval,
~ ............... j c.r)) the City of Port
Townsend shall, at the expiration of the five year period, review the permit and, upon
a showing of good cause, may extend the permit for one (1) year or terminate the
permit; provided no shoreline permit shall be extended unless the applicant has
requested such review and extension prior to the expiration date.
~.~..~.ov..ttt~cc ..... t,..,......j~., c.r)) The City ((c.f .*'~'*...~ ........ d)) Council may issue permits
with a fixed termination date of less than five (5) years, and construction
implementation date of less than two (2) years.
Section 6,
Section 7, Variances, is hereby amended to read as follows:
SECTION 7
VARIANCES
SECTIONS
7.10 General Variances
7.20 Administrative Variances
7.10 GENERAL VARIANCES
Deviation from the design standards contained in this Master Program may be permitted by
variance. Uses which are prohibited within a shoreline environment may not otherwise be
35
(Port Townsend, 10/93)
permitted without an amendment to this Master Program. Unclassified uses may be
considered as a conditional use provided prohibited uses shall not be authorized.
Variances from standards contained herein may be permitted where there are extraordinary
or unique circumstances relating to the property such that the strict implementation of the
Master Program would impose unnecessary hardships on the applicant or thwart the purpose
and goals set forth in Section 1 of this Master Program.
7.101 APPLICATION
A variance request shall be submitted in writing to the ((~ffzr:,c,n Cc, unD')) Planning and
Building Department and shall be considered an integral part of the permit application. The
request shall include the variance requested and shall contain a statement of the applicant's
justification based on the applicable review criteria and or findings under Subsection 7.103
below.
7.102 PIJBLIC HEARING
The ((~,~ ...... )) Port Townsend Shoreline Management Advisory Commission shall
conduct a public hearing on general variance requests of which notice shall be made in
accordance with requirements set forth in this Master Program.
7.103 REVIEW
o
Variance applications for developments that will be located landward of the ordinary
high water mark and not within areas defined herein as marshes, bogs, or swamps
may be authorized provided the applicant can demonstrate Items 1 through 6 of
Subsection 7.104.
Variance applications for developments that will be located either waterward of the
ordinary high water mark or within marshes, bogs, or swamps, as defined in this
Master Program, may be authorized provided the applicant can demonstrate Items 1
through 6 of Subsection 7.104. In addition, the applicant must demonstrate that:
(a) The strict application of the standards set forth in this Master Program
precludes a reasonable permitted use of the property; and
(b) The public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the variance.
7.104 CRITERIA
In reviewing a variance application, the ttT~cc ..... ,~ ....... ~,~n..~
Tc, wnaend)) City Council shall make the following findings:
36
(Port Townsend, 10/93)
The hardship, as described in either Item 1 or 2 above, is specifically related to the
property and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of this Master Program and not, for example,
from deed restrictions or the applicant's own actions.
The design of the project will be compatible with other permitted activities in the area
and will not cause adverse effects to adjacent properties or the shoreline environment.
The variance authorized does not constitute a grant of special privilege not enjoyed by
the other properties in the area, and will be the minimum necessary to afford relief.
The public interest will suffer no substantial detrimental effect.
The variance will be in harmony with the general purpose and intent of this Master
Program.
In the granting of all variance applications, consideration shall be given to the
cumulative impact of additional requests for similar actions in the area. For example,
if variances where granted to other developments in the area where similar
circumstances exist, the total of the variances should also remain consistent with the
purpose, goals, and policies of this Master Program and should not produce
substantial adverse effects to the shoreline environment.
In addition to the above criteria, applicants for variances from the public access
requirements of this Master Program shall demonstrate that one or more of the following
conditions exist which cannot otherwise be mitigated:
The provision will result in an unacceptable hazard to the public.
The inherent security requirements of the development preclude access consideration.
The cost of the access amenity is unreasonably ((d!aapprzpr:atz)) burdensome in
realtion to the total cost of the development.
The provision of access will result in unacceptable environmental harm.
A significant and unavoidable conflict with adjacent uses will occur.
7.105 APPROVAL
In order to comply with the Shoreline Management Act, any requests for general variances
will be submitted to the Washington State Department of Ecology for approval, approval
with conditions, or disapproval. The department shall render and transmit its decision to the
applicant and ((Jcfferr, c,n Cc, unty c,r)) the City of Port Townsend within thirty (30) days of
receipt of the final action. Construction may not begin until thirty (30) days has elapsed
from the date the department has transmitted its approval to the applicant and ((J¢ffcr:,c,n
'~,..,.,,,.,j ....... c,r)) the City of Port Townsend.
37
(Port Townsend, 10/93)
7.20 ADMINISTRATIVE VARIANCES
Variances from the administrative procedures portion of this Master Program (Section 6) or
residential setbacks (Subsection 5.160) may be granted by the~o,.-,,o,,,.aT-~'~' .....
,-^__:~: ....... n_..,~,_....~.nd)) City Co ncil upon (( ........ .~.,_.
'~'-.... ~-~-~..~.~.~ .,. ........ ,..,,.,,,...a .o: ........ -oo~.--~,a~ its finding_ that the variance is in keeping with the general
intent of this Master Program and the Shoreline Management Act. ((In '~-:
bodg)) When granting a variance, the City Council may require special conditions, which in
((the~)) its judgment will substantially secure the administrative procedures or requirements
so varied.
Section 7. Section 8, Program Revisions, of the Jefferson-Port Townsend Shoreline
Management Master Program is hereby amended to read as follows:
SECTION 8
PROGRAM REVISIONS
In order to comply with RCW 90.58.190, rtt~,~,
~o .............. j r.n~)) the City of Port
Townsend shall periodically review this Master Program and make such adjustments that are
desirable or necessary.
Any such revisions or adjustments shall be submitted to the Washington State Department of
Ecology only after completion of at least one public hearing in accordance with the
requirements set forth under WAC 173-19, and upon favorable recommendation by the
tt.c,: ..... ,- .... ,.. o-...~ -c ,-,__~:~: ....... ~ n-.~ ~, ........ '~ City
~ ............... j ........................................ , Council. No such
revision or adjustment shall become effective until it has been approved by the Washington
Depart ((
State ment of Ecology ,},
section 8.
Section 9, Legal Provisions, of the Jefferson-Port Townsend Shoreline
Management Master Program shall be re-titled "Violations and Penalties" and
shall consist of Subsection 9.10 of the Jefferson-Port Townsend Shoreline
Management Master Program which is hereby amended to read as follows:
38
(Port Townsend, 10/93)
~37
SECTION 9
VIOLATIONS AND PENALTIES
((9~t4~)) 9.10 COURT ACTION
The Washington State Attorney General or the ((attc, rr.c,y .................. "~- T~':': ..... '" .... '., .... ...... '"~)) City
Attorney ((of Pc,~ Tc, w::t,c,::d,)) shall bring such injunctive, declaratory, or other actions as
are necessary to ensure that no uses are made of the shorelines of the state in conflict with
the provisions of the Shoreline Management Act and this Master Program, and to otherwise
advance the provisions of each.
((9~14~)) 9.20 GENERAL PENALTY
In addition to incurring civil liability under RCW 90.58.210 and Subsection ((9:-t-0-~)) 9.10
above, any person found to have willfully engaged in activities on the shorelines of the state
in violation of the provisions of this section or any of the Master Program's rules or
regulations adopted pursuant thereto shall be guilty of a gross misdemeanor and shall be
punished by a fine of not less than twenty-five dollars ($25) nor more than one thousand
dollars ($1,000) or by imprisonment in the county jail for not more than ninety (90) days, or
by both such fine and imprisonment; provided the fine for this and all subsequent violations
in any five (5) year period shall not be less than five hundred dollars ($500) nor more than
ten thousand dollars ($10,000).
In order to abate or correct violations of the Shoreline Management Act or this Master
Program, tt~cc ..... ,-, .... · .... '~'~ "':"' of
~ ...............~ ......... ~ )) Director of the Port Townsend Planning and
Building Department and/or the Washington State Department of Ecology may issue a
regulatory order in accordance with WAC 173-17.
((grt-0~)) 9.30 VIOLATOR'S LIABILITY
Any person subject to the Shoreline Management Act and this Master Program who violates
any provision of the act, Master Program, or permit issued pursuant thereto shall be liable
for all damage to public or private property arising from such violation, including the cost
of restoring the affected area to its condition prior to violation. The attorney general or local
government attorney shall bring suit for damages under this section on behalf of all persons
similarly situated. If liability has been established for the cost of restoring an area affected
by a violation, the court shall make provisions to ensure that restoration will be
accomplished within a reasonable time at the expense of the violator. In addition to such
relief, including money for damages, the court in its discretion may award attorney's fees
and costs of the suit to the prevailing party.
39
(Port Townsend, 10/93)
((9:-1434)) 9.40 PERMIT CONDITION VIOLATIONS
Any shoreline permit may, after a hearing with notice to the permittee and the public, be
rescinded by ((~ffcr~n Cc, anty or)) the City Council ((c,f Pc, a Tzwn~nd)) upon the
findings that a permittee has not complied with the conditions imposed with the permit. A
public hearing may be held after 10 days notice to the permittee, interested parties, and the
public.
In the event the Washington State Department of Ecology is of the opinion that such
non-compliance continues to exist, the department shall provide written notice to ((Jzffzrazn
Czunty er)) the City of Port Townsend and the permittee. If the county or city takes no
action to conduct a hearing within thirty (30) days of the written notice, the department may
then petition the Washington State Shorelines Hearings Board for a rescission of such permit
within fifteen (15) days of the termination of the thirty day notice to the county or city.
Notice of such a petition shall be made to the county, city, and permittee.
Section 9.
Subsection 9.20, Appeals, of the Jefferson-Port Townsend Shoreline
Management Master Program is hereby amended to become Section 10 of the
Port Townsend Shoreline Management Master Program to read as follows:
SECTION 10
APPEALS
((9:-204-)) 10.10 ADMINISTRATIVE APPEALS
Any person '_-..v..~ .... '_:r: ::;_ ~ aggrieved by an administrative decision or
interpretation associated with the Shoreline Management Act and this Master
Program
shall,
within ten days of the date of final action, appeal in person or in writing to the ((k~so~
~""""v*- ~.,~.,,...,. ,,.^~' r,~__;~:..,.......~..~......~ o .......,,~ ~'~"',,.~ ~'~......o......,,a~ City Council (('":*~..~.. ~-'~e-,--~ ~^~-- ~'~:~..--~
o,,v .... 0 ........... )) for adjudication of the grievance.
~'^~-~ " .... ~" "'~--:~: ..... c,r)) City Council shall not make decisions regarding
The ((~..,,~,~ c,f ...... j
administrative appeals without benefit of counsel from the tt~*'*'
~" ....... ~ke)) City ((gl ~ ........ d)) Attorney.
10.20 PERMIT APPEALS
Any person aggrieved by the granting or denying of a permit on shorelines of the state, or
rescinding a permit pursuant to the Shoreline Management Act as not or hereafter amended,
may seek review from the Washington State Shorelines Hearings Board by filing a request
for the same within thirty (30) days of receipt of the final order. Concurrently, with the
filing of any request for review with the Washington State Shorelines Hearings Board, as
provided in this section pertaining to a final order of a local government, the requestor shall
40
(Port Townsend, 10/93)
~37,5"--
file a copy of this request with the Washington State Department of Ecology and
Washington State Attorney General. If it appears to the department or attorney general that
the requestor has valid reason(s)to seek review, either the Department or the Attorney
General may certify the request within thirty (30) days after its receipt to the Shorelines
Hearings Board following which the Board shall then, but not otherwise, review the matter
covered by the requestor; provided the failure to obtain such certification shall not preclude
the requestor from obtaining a review in the Washington State Superior Court in any right
or review otherwise available to the requestor. The Department and the Attorney General
may intervene to protect the public interest and ensure that the provisions of the Shoreline
Management Act are complied with at any time within thirty (30) days from the date of the
filing of the copies of the requestor.
The Department or Attorney General may obtain review of any final order granting a
permit, or granting or denying an application for a permit, issued by ((Jeffer~n Count)' or))
the City of Port Townsend by filing a written request with the Washington State Shoreline
Appeals Board and the appropriate local government within thirty (30) days from the date of
the final order was filed, as provided under RCW 90.59.140(5).
Section 10.
Appendix A of the Jefferson-Port Townsend Shoreline Management Master
Program is hereby appended to this Master Program and is hereby amended as
follows:
APPENDIX A
MARINE SHORELINES
41
(Port Townsend, 10/93)
~37~
SUBURBAN begins 800 feet west of the southwest comer of Seefi0n 24, Township 30
North. Range 2 West, WM and continues along the shoreline, ending on the east section
line of Section 23, "' ...... ~.:_ ,m ,,T^..,~. D .... , .... , ..... gi
.......... }. ......... , .... ~,.. 2 ,,r~. ,,~i where conservancy be ns.
CONSERVANCY follows the shoreline to a point 1,000 feet north of the south section line
of Section 12, Township 30 North, Range 2 West, WM where natural and suburban begins.
NATURAL and SUBURBAN is a dual classification with natural comprising that area
between the line of ordinary high water to the top of the bluff and suburban comprising the
remainder of the 200 foot jurisdictional area. This dual designation follows the shoreline to
a point at the westerly boundary of Fort Worden State Park where natural and conservancy
begins.
NATURAL and CONSERVANCY is a dual classification with natural being that area
between the ordinary high water line to the top of the bluffs west of Point Wilson and
conservancy being the remainder of the 200 foot jurisdictional area. This dual classification
follows the shoreline to a point 3,500 feet east of the west section line of Section 35,
Township 31 North, Range 1 West, WM where conservancy begins.
CONSERVANCY includes all that along the shoreline to the Point Wilson lighthouse where
natural and conservancy begins.
NATURAL and CONSERVANCY is a dual classification with natural comprising that area
from the ordinary high water line to the Fort Worden State Park access road and
conservancy comprising that remaining area of the 200 foot jurisdiction. This dual
classification goes along the shoreline to a point 2,100 feet south from the north section line
of Section 35, Township 31 North, Range 1 West, WM where conservancy begins.
CONSERVANCY continues along the shoreline where it ends at the southern boundary of
Fort Worden State Park where natural and suburban begins.
42
(Port Townsend, 10/93)
NATURAL and SUBURBAN is a dual classification with natural being that area between
the line of ordinary high water to the top of the bluffs and suburban being the balance of the
200 foot jurisdictional area. This dual classification follows the shoreline to the southern
boundary of Chetzemoka Park where urban begins.
URBAN follows the shoreline ending 4,700 feet south of the north section line of Section
16, Township 30 North, Range 1 West, WM v;hcrc ~n~rv~",¢y
43
(Port Townsend, 10/93)
R37
44
(Port Townsend, 10/93)
^ line of
45
(Port Townsend, 10/93)
TOT A '~Tr~C"
46
(Port Townsend, 10/93)
C~1--.--1. T.I,.--.I 'KTAq'V[T'D AT
T/'I~ D~I~ I~TA q'rl'TD AT
LT,'~*4 T._T~n,4 1'~/'3'K.TC~E'DI! A KTI'~V
LAKES
The following lakes are all designated CONSERVANCY:
Chinese Gardens
Kah Tai Lagoon
T3~TX?'~T~C~ A ~TT~ ~I~I~T~Cq
4?
(Port Townsend, 10/93)
FLOODPLAINS AND WETLANDS
All wetlands associated with the 100 year floodplain of streams within the jurisdiction of
this Master Program and all shorelines of the state located within the boundaries of federal
lands, and not otherwise classified, shall be designated Conservancy.
Section 11.
Subsection 9.30, Severability, of the Jefferson-Port Townsend Shoreline
Management Master Program is hereby amended to become Section 11 of the
Port Townsend Shoreline Management Master Program to read as follows:
((90O))
SECTION 11
SEVERABILITY
48
(Port Townsend, 10/93)
.................. ~...~. )) In ~e event ~y on~ 0r m0r~ 0f the provisions of
~is Master Prog~ sh~l for ~y r~son be held tO ~ inv~id, such inv~idi~ sh~l not
aff~t or inv~idate ~y other provision of this M~r Program. but ~is Master Program
sh~l be cons~ ~d enforc~ as if such inv~id provision haO not b~n ~nmin~ therein'
provide, that ~y provision which sh~l for ~y r~n be held by r~n of its extent to be
inv~id sh~l bc d~m~ to be in cff~t to thc extent ~rmitt~ by law.
Section 11.
Subsection 9.40, Effective Date, of the JefferSOn-Port Townsend Shoreline
Management Master Program is hereby amended to become Section 12 of the
Port Townsend Shoreline Management Master Program to read as follows:
SECTION 12
EFFECTIVE DATE
This Ordinance shall become effective five days after passage and publication as provided
by law, but no sooner than upon adoption by the Washington State Department of Ecology
pursuant to RCW 90.58.090.
y the City Council in regular session assembled this
~F.-~_ . ,1993. ATTEST:
p ohn M. Clise, Mayor David A. Grove,
/ ~ ~-, Clerk-Treasurer
to,o m.'W
Dennis McLefran, City Attorney
First Reading:
Second Reading:
Third Reading:
Publication:
49
(Port Townsend, 10/93)
Department of Ecology Approval:
50
(Port Townsend, 10/93)