(1) Critical areas located within shoreline jurisdiction are subject to the regulations contained in chapter 30.62A SCC, last amended by Amended Ordinance 19-020 on July 3, 2019, chapter 30.62B SCC, last amended by Ordinance 19-022 on June 26, 2019, chapter 30.62C SCC, last amended by Amended Ordinance 15-034 on September 2, 2015, and chapter 30.65 SCC, last amended by Amended Ordinance 12-025 on June 6, 2012, except as modified by subsections (2) through (5) of this section.
(a) SCC 30.62A.540 relating to reasonable use does not apply.
(b) When public access is required pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., access design requirements necessary to meet the ADA shall supersede the requirements of SCC 30.62A.320(2)(d).
(c) Notwithstanding the provisions in SCC 30.62A.610 and SCC 30.62B.510, agricultural activities within shoreline jurisdiction and which are subject to the provisions in the Shoreline Management Act per RCW 90.58.065 shall protect critical areas pursuant to the requirements in chapter 30.62A SCC, Part 600 and chapter 30.62B SCC, Part 500; except that the provisions in SCC 30.62A.630(1)(c)(i) and 30.62B.530(1)(c)(i) do not apply within shoreline jurisdiction.
(A) there is not 2,500 square feet of area available for the development even when the standard buffer is reduced by 50 percent;
(B) the development will be located as far as possible from the ordinary high water mark;
(D) the standard buffer will not be reduced to less than is allowed for project proposals utilizing the provisions of subsection (3) of this section or 25 feet, whichever is greater, including appurtenances such as decks and patios.
(f) The following provisions apply to expansions of existing single-family residences on waterfront property when all or a portion of the development is located less than 150 feet from the ordinary high water mark:
(i) No portion of the proposed project may be located closer to the ordinary high water mark than the existing single-family residence, including existing patios and single-family residential appurtenances attached to the residence;
(ii) Existing decks, patios or impervious surfaces located between the foundation of the house and the ordinary high water mark shall not be enclosed or expanded; and
(g) New single-family residential development, expansions of existing single-family residences, and ordinary residential improvements on existing lots allowed in buffers under SCC 30.62A.520 shall require enhancement of existing buffers based on the criteria in SCC 30.62A.520(12) and shall meet these additional requirements:
(i) Vegetation enhancement efforts shall ensure that the final vegetation condition is capable of mitigating impacts and maintaining existing ecological functions.
(ii) If the shoreline is unmodified and/or the vegetation is relatively intact, the mitigation plan shall provide alternatives, such as out-of-kind mitigation by restoring other degraded ecological functions, or by using off-site mitigation.
(iii) Where modifications such as fill, armoring, patios, etc., have been placed in the buffer, these modifications shall be removed or reduced to the extent necessary to mitigate impacts on the buffer. As guidance, non-water-dependent facilities such as patios should be removed, accesses should be reduced to the minimum needed to provide access, and armoring should be replaced with natural vegetation or non-structural measures.
(3) As an alternative to the provisions of subsection (2)(e) of this section, an exception to the standard buffer width requirements in chapter 30.62A SCC is allowed without a shoreline variance as follows:
(a) The project proposal must be for a new single-family residence on a lot without an existing dwelling located on the shorelines of Lake Goodwin, Lake Shoecraft, Lake Ki, Lake Loma, Lake Ketchum, John Sam Lake, Lake Howard, Flowing Lake, Lake Stevens, Lake Roesiger, Martha Lake (in Lynnwood), Lake Bosworth, Lake Serene or Lake Stickney;
(b) New single-family residences proposed on the lots identified in residences proposed on the lots identified in subsection (3)(a) of this section are subject to the buffer width requirements in chapter 30.62A SCC unless the nearest legally-established single-family residence built before July 1, 2019, on one side of the lot or the other has a lesser buffer width than required under current chapter 30.62A SCC. In cases where the nearest legally-established single-family residence has a lesser buffer width than required under current chapter 30.62A SCC, the required buffer width may be reduced to the average of the buffer widths on either side of the lot established by drawing a line between the closest point of each of the nearest legally-established single-family residences built before July 1, 2019, excluding appurtenances attached thereto, to the ordinary high water mark in the manner depicted in SCC Figure 30.67.060(3)(a);
(c) The reduced buffer width shall be measured from the ordinary high water mark of the shoreline to the nearest point of the proposed residence, including appurtenances such as decks and patios, unless there is an associated wetland. In cases where there is an associated wetland on the shoreline of the lot, the reduced buffer width shall be measured from the landward edge of the wetland in the manner depicted in SCC Figure 30.67.060(3)(b);
(d) In no case shall the buffer width be reduced to less than 25 feet; and
(e) In no case shall the exception to the standard buffer width requirements in chapter 30.62A SCC described in this section be used to reduce the requirements for landslide hazard areas in chapter 30.62B SCC.
(4) Except as specifically modified by subsections (2) and (3) of this section, where there are conflicts between the provisions of this chapter and the provisions of chapters 30.62A, 30.62B, 30.62C and 30.65 SCC, the more ecologically protective provision shall apply, as determined by the department.
(5) When the innovative development design provisions of SCC 30.62A.350 are utilized for a project proposal, a shoreline variance permit is required, except that projects solely for ecological restoration or enhancement are not required to obtain a shoreline variance permit. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 19-020, July 3, 2019, Eff date Oct. 14, 2019).