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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)