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(1) Unless the conditions in subsection (2) of this section apply, provision of public access to the water is required for all new private and public developments, including land division, with the exception of the following:

(a) single-family dwellings; duplexes; single-family detached units, townhouses, and condominiums creating four or fewer parcels or dwelling units; and multi-family developments of four or fewer lots or dwelling units; and

(b) Agricultural/ranching activities other than dikes.

(2) Provision of public access will not be required when at least one of the following conditions apply:

(a) Hazards to public health, safety or site security exist which cannot be alleviated by site planning and design or by restricting hours of public access;

(b) Provision of public access would result in significant adverse impacts to shoreline ecological functions that cannot be mitigated on-site; or

(c) The requirement of providing public access for a particular project violates constitutional standards related to nexus and rough proportionality.

(3) Provisions for public access are subject to the following standards:

(a) Except as restricted pursuant to subsection (3)(e) of this section, public access shall be a physical improvement in the form of any one or combination of the following: walkway, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat-launching ramp, transient moorage, or other areas serving as a means of view or physical approach to public waters for the public. Public access may also include, but not be limited to, interpretive centers and displays explaining historical events or shoreline ecology;

(b) The minimum public access shall consist of an improved walkway at least five feet wide on an easement 10 feet wide, leading from the street or from a public walkway directly to a waterfront use area or to an area on the property from which the water and water activities can be observed. There shall be no significant obstruction of the view from this viewpoint;

(c) Maintenance of the public access shall be the responsibility of the owner or developer;

(d) Public access sites shall be available for public use at the time of first occupancy or use of the development or activity;

(e) While docks, piers and other permanent moorages are not allowed in the Urban Conservancy or Natural shoreline environment designations, or the Aquatic shoreline environment designation adjacent to the Urban Conservancy or Natural shoreline environment designations, floating walkways or other similar over-water pedestrian structures facilitating access to observation points or viewing areas are permitted provided they are constructed to minimize alteration of natural conditions; and

(f) All subdivisions required to provide public access pursuant to SCC 30.67.570(1)(e) that border publicly-owned or controlled shorelines shall provide at least one dedicated public access to the publically-owned or controlled shoreline. (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).