006-18 - Ordinance - Amendments to the 2013 Shoreline Master Program Amending Chapters 6, 7, 8, 9 and 12ORDINANCE NO. 006-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
AMENDMENTS TO THE CITY'S 2013 SHORELINE MASTER PROGRAM REGARDING
REDEVELOPMENT OF SHORELINE PROPERTIES AND MINOR CLARIFICATIONS AND
CORRECTIONS; AMENDING CHAPTERS 6, 7, 8, 9 AND 12 AND ADDING A NEW
APPENDIX E TO THE 2013 SHORELINE MASTER PROGRAM; ADOPTING SHORELINE
MASTER PROGRAM AMENDMENT REQUIREMENTS AS SPECIFIED BY THE
DEPARTMENT OF ECOLOGY; PROVIDING FOR SEVERABILITY AND CORRECTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 26, 2013, the Port Orchard City Council (the "City Council")
approved Ordinance 005-13, which adopted the City of Port Orchard's (the "City") 2013 Shoreline
Master Program (SMP); and
WHEREAS, on October 11, 2016, the City Council adopted Ordinance Nos. 031-16 and
032-16, which amended the 2013 SMP and associated regulations regarding the redevelopment
of shoreline properties, and to make certain clarifications and corrections; and
WHEREAS, on March 28, 2017, the City Council adopted Ordinance No. 011-17, which
incorporated additional revisions to the SMP that had been requested by the Department of
Ecology and the Department of Natural Resources following agency review of the SMP
amendments approved in Ordinance No. 031-16 and 032-16; and
WHEREAS, on June 13, 2017, the City Council approved Ordinance No. 019-17, which
adopted new POMC Title 20 (Unified Development Code) and included the SMP by reference as
Chapter 20.164; and
WHEREAS, on January 24, 2018, the Department of Ecology provided the City with a
Conditional Approval of the City's SMP amendment, subject to final revisions as requested by
Ecology; and
WHEREAS, on February 5, 2018, the City informed the Department of Ecology pursuant
to RCW 90.58.090(2)(e) that it would accept the final SMP revisions requested by Ecology in the
Conditional Approval, and would adopt these revisions by ordinance; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Ordinance No. 006-18
Page 2 of 15
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Unless otherwise indicated in the following sections of this ordinance, the
revisions to the SMP and associated development regulations as adopted in Ordinances 031-16,
032-16 and 011-17 remain unchanged and valid.
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SECTION 3. Development Regulation G-DR-12 of Section 6.5, Chapter 6 - "General
Shoreline Master Program Policies and Regulations" of the SMP is hereby revised to read as
follows:
G-DR-12
All waterfront development proposals within the High Intensity environment shall
provide public physical access to the City's waterfront pedestrian boardwalk
and/or other public waterfront amenities where feasible, except in cases of public
safety, security or impacts to the shoreline environment. If such access is
provided, no additional public shoreline physical access will be required. If such
access is not feasible, alternative public physical or view access to the shoreline,
such as open space or a viewing deck or platform, shall be provided. All new non
water-oriented commercial or industrial uses shall provide public access or
ecological restoration, where feasible, to ensure that the proposed use provides a
significant public benefit with respect to the Shoreline Management Act
objectives.
SECTION 4. Section 7.2 "Shoreline Development Standards Matrix" of the SMP is hereby
revised to read as follows:
7.2 Shoreline Development Standards Matrix
>>-butoZ
111 ^
Z I- Zi z
LU LLI
OC O
O [75
X LU
CO OC
zDEVELOPMENT STANDARDS
SETBACKS AND HEIGHT REQUIREMENTS
(In feet)
<M-1>u<0c z FOCZ LU
< to
CO Z
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<P X =>a<<z X
Agriculture
Cultivation / Grazing setback 100100100 xx
Building Setback 100 50 50 xx
Ordinance No. 006-18
Page 3 of 15
Height limits (See underlying zoning Code
or overlay districts - POMC Chapter 16)
:
Aquaculture
Water-dependent setback 0 0 0 0x
Water-related setback1 50 25 35x x
Height limits:
Upland (See underlying zoning Code
overlay districts - POMC Chapteror
16)
Over-water 15x x
X X
Boating Facilities & Boat Launches
Water-dependent setback 0 0 0 0 0
Building setback1 n/a502525x
Height limits:2
Upland (See underlying zoning Code or
overlay districts - POMC Chapter 16)
Overwater structures 30xxXX
Commercial Development
Water-dependent setback 0 0 0xx
Water-related setback1 100 25 0x x
Non-water oriented setback1 75xx X X
Building height limit (See POMC Ch. 16)
Forest Practices
n/aSetback n/a10075x
Industrial Development
Building Setbacks:
Water-dependent 0 0xxX
Water-related1 50xx X X
Non-water oriented1 100x x
X X
Height Limits (See POMC Ch. 16)
Parking
Accessory 150 100 10 10 x
Primary 100 25 0x x
Recreational Development
n/aWater-dependent 0 0 0 0
Water-related/oriented1 10 10 0 0 x
Non-water oriented (unless specified
below)1__________________________100 75 25 25 x
Ordinance No. 006-18
Page 4 of 15
Access Roads, restrooms, & accessory
buildings_________________________100 25 25 xx
Parking Areas 50 10 0 xx
Golf Courses or sports fields 200 100 100 xx
Trails, boardwalks, or overlooks 0 0 00 0
Residential Development3
Single-family setbacks - building setback1 150 100
25x x
Single-family setbacks - accessory use
setback (patios, decks, etc.)___________100 50 15 xx
2 to 4 dwelling units - building setback1 5040x x
X
2 to 4 dwelling units - accessory use
setback1 20 25 xxX
Transportation
Arterials, Highways, Railroads 5020050x x
Multi-use trails, paths 0 0 0 0x
Secondary/Access Roads 100 50 50x x
Utilities
Buildings, transmission line, tower
setbacks 100 50 020075
Distribution pole height limit 36 36 36 36 x
Cellular tower height limit 100 100 x x
X
use permit)(x = not permitted, p = permitted, a = administrative review, c = conditiona
1 Within the High Intensity environment, lawfully constructed non-water-oriented structures and uses that are
nonconforming to this SMP because of their location within a shoreline buffer may be redeveloped in accordance
with this SMP. Refer to Appendix E for more information.
2 Height limits are subject to zoning and overlay district regulations found in POMC Title 20.
3 If a public road lies between a proposed residential use and the shoreline, the regular front yard zoning setbacks
shall apply.
Commercial uses are allowed in the Shoreline Residential environment only as a secondary component of a mixed-
use development (i.e. a combination of residential and commercial uses in the same building), and only when
consistent with the underlying zoning.
SECTION 5. Section 7.10, "Development Standards for New Piers and Docks," of the SMP
is hereby revised to read as follows:
7.10 Moorage: Docks, Piers and Mooring Buoys
Ordinance No. 006-18
Page 5 of 15
Development Standards for New Piers and Docks
Docks, piers, and floats should be designed, located and operated to minimize
interference with adjacent water uses and impacts to fish, shellfish and habitat.
The maximum length, width and surface area of a pier or dock should be
consistent with the requirements of WAC 220-660-380 or its successor, and should
be the minimum necessary to accomplish moorage and shore access based on
site-specific circumstances as determined by a marine engineer, as well as
potential impacts and mitigation requirements. The maximum width of a
residential pier or dock is 6 feet. The maximum width of a ramp is 4 feet. Ells are
not permitted on single-family residential docks, piers or floats.
Unless otherwise recommended by the Department of Ecology and/or the
Department of Fish and Wildlife based on site-specific review, all decking, and
floats 6 feet or less in width shall include a minimum of thirty percent (30%)
functional grating, floats greater than 6 feet in width shall have a minimum of fifty
percent (50%) functional grating, and ramps shall be fully grated. Functional
grating shall not be covered or used as a storage area, and must be maintained in
a condition free of algae, mud or other debris that may impede light transmission.
The diameter of piling shall not exceed 12 inches and shall be the minimum
required for the purpose based on site-specific circumstances as determined by a
marine engineer. New or replaced piles or structural members of a pile in direct
contact with the water shall be constructed of concrete or steel in accordance with
current best management practices and shall not be treated or coated with
herbicides, fungicides or pentachlorophenol. No creosote, pentachlorophenol,
CCA or comparable toxic compounds not approved for marine use shall be used
for any portion of the overwater or in-water structure of a new or replacement
pile, or a pile wrapping. ACZA treated wood may be used for overwater pile
structures as long as it meets the most recent Post Treatment Procedures
established as best management practices by the American Wood Preservers'
Association and Western Wood Preservers Institute.
SECTION 6. The introduction to Chapter 9, "Existing Development" of the SMP is hereby
revised to read as follows:
CHAPTER 9: EXISTING DEVELOPMENT AND USES
Nonconforming development and uses include shoreline uses and structures
which were lawfully constructed, established, or created prior to the effective
Ordinance No. 006-18
Page 6 of 15
date of the Master Program, or amendments thereto, but which do not conform
to present regulations or standards of the Master Program or policies of the
Shoreline Management Act. In such cases, the standards of this Chapter shall
apply. Redevelopment or expansion of nonconforming development and uses
located within the High Intensity shoreline environment may occur consistent
with the requirement of Appendix E.
SECTION 7. Section 9.1, "Existing Uses," of the SMP is hereby revised to read as follows:
9.1 Existing Uses
Nonconforming uses include shoreline uses which were lawfully established prior
to the effective date of the Act or the Master Program, or amendments thereto,
but which do not conform to present regulations or standards of the Master
Program or policies of the Act. The continuance of a nonconforming use is subject
to the following:
a. Change of ownership, tenancy, or management of a nonconforming use shall
not affect its nonconforming status, provided, that the use does not intensify.
b. Additional development of any property on which a nonconforming use exists
shall require that all new uses conform to this Master Program and the Act, except
as allowed in the High Intensity environment designation in accordance with
Appendix E.
c. If a nonconforming use is converted to a conforming use, no nonconforming
use may be resumed without obtaining a shoreline conditional use permit.
d. If a nonconforming use is discontinued for a period of 365 or more consecutive
calendar days, it shall lose its nonconforming status, and the continued use of the
property shall be required to conform to the provisions of this Master Program
and the Act, or obtain a shoreline conditional use permit.
A use which is listed as a conditional use, but which existed prior to adoption of
the Master Program for which a conditional use permit has not been obtained,
shall be considered a nonconforming use.
SECTION 8. Section 9.2, "Existing Structures" of the SMP is hereby revised to read
as follows:
Ordinance No. 006-18
Page 7 of 15
9.2 Existing Structuresi
1) Nonconforming structures include shoreline structures which were lawfully
constructed or placed prior to the effective date of the Act or the Master Program,
or amendments thereto, but which do not conform to present bulk, height,
dimensional, setback, or density requirements. Nonconforming structures may
continue even though the structures fail to conform to the present requirements
of the environmental designation in which they are located. A nonconforming
structure may be maintained as follows:
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a. Necessary repairs and alterations that do not increase the degree of
nonconformity may be made to nonconforming structures.
b. A nonconforming building or structure may be repaired and maintained as
provided in and as limited by this section and by Appendix E. Any maintenance or
repair shall be within the existing building or structure footprint and shall not
increase the degree of nonconformity.
c. Changes to interior walls or non-structural improvements may be made to
nonconforming buildings or structures.
d. A nonconforming building or structure that is located within the High Intensity
shoreline designation, and that is nonconforming as to the bulk, dimensional and
density requirements of this Master Program, may be added to or enlarged if such
addition or enlargement conforms to the regulations of the zoning district and the
shoreline environment designation in which it is located, provided that the
addition or enlargement is consistent with the standards of Appendix E.
e. A structure for which a variance has been issued shall be considered a legal
nonconforming structure and the requirements of this section shall apply in the
same manner as they apply to preexisting nonconformities.
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2) Residential structures shall be deemed "conforming" and not subject to the
provisions of Section 9.2, under the following conditions:
a. The residential structure or appurtenant structure was legally established and
used for a conforming use when established;
b. The residential structure or appurtenant structure is not an over-water
structure;
c. The residential structure or appurtenant structure is nonconforming solely
because it no longer meets the current standards for setbacks, buffers, yards,
bulk, height or density; and
Ordinance No. 006-18
Page 8 of 15
d. The redevelopment, expansion, change of Occupancy class, or replacement of
the residential structure is consistent with the master program and the
shoreline environment designation, including requirements for no net loss of
shoreline ecological functions.
For purposes of this section, "appurtenant structures" means garages, sheds, and
other legally established structures. "Appurtenant structures" does not include
bulkheads and other shoreline modifications or over-water structures. Nothing in
this section affects the application of other federal, state or local government
requirements to residential structures.
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SECTION 9. Chapter 12, "Definitions", of the SMP is hereby revised to read as
follows:
CHAPTER 12 - DEFINITIONS
Appurtenant Structure or Building - A structure or building that is secondary to
or which supports the use of the primary structure or building on the site, serving
a purpose customarily associated with and incidental to the primary structure.
Examples: decks, garages, parking lots and patios.
Building - Any structure having a roof and walls, used or built for the housing,
shelter or enclosure of persons, animals or property of any kind.
Commercial - Commercial developments are those uses that include wholesale,
retail, service, office or business trade activities. A mixed-use development that
contains commercial uses and residential uses within the same building or
buildings shall be regulated as a commercial use according to the requirements of
this Master Plan, including but not limited to setbacks, height and public access.
Development - For the purposes of this Master Program, development means a
use consisting of the construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading;
driving of piling; placing of obstructions; or any project of a permanent or
temporary nature which interferes with the normal public use of the surface of
the waters overlying lands subject to this chapter at any state of water level.
Footprint, Building - The area covered by a building on the ground. For the
purposes of this Master Program, this definition does not include cantilevered
portions of a building, or those portions of a site that have only surface
Ordinance No. 006-18
Page 9 of 15
development without walls and a roof (such as a deck or patio) or development
located solely underground (such as a below-ground basement).
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Mixed-Use - A mixed-use development contains residential and commercial uses
within the same building.I
Non-conforming Use or Development, Legal - A shoreline use or structures, or
portion thereof, which was lawfully constructed or established prior to the
effective date of the Act or this Master Program or amendments, but which no
longer conforms to the policies and regulations of the Master Program.j
Redevelop, Redevelopment - "Redevelop" or "redevelopment" means the
replacement of an existing structure or part of an existing structure, or demolition
of the structure, with development of a new and/or remodeled structure or
structures in its place.
Structure - "Structure" means a permanent or temporary edifice or building, or
any piece of work artificially built or composed of parts joined together in some
definite manner, whether installed on, above or below the surface of the ground
or water, except for vessels.
Structure or Building, Primary - The structure or building associated with the
principal use of the property. In some circumstances, such as multibuilding
commercial or multifamily residential development, there may be more than one
primary structure on a property. This definition shall not include nonhabitable,
accessory structures and buildings such as storage sheds, decks, patios,
greenhouses, swimming pools, and parking lots.
Substantial Development - Any developments of which the total cost or fair
market value exceeds the amount currently established and in effect per WAC
173-27-040(2)(a), or any development which materially interferes with the normal
public use of the water or shorelines of the state; EXCEPT as specifically exempted
pursuant to RCW 90.58.030(3)(e).
SECTION 10. "Appendix E - Mitigation and Restoration for Redevelopment Activities", as
revised, is included as Attachment 1 of this Ordinance and hereby incorporated as if fully set forth
herein and is hereby added to the SMP.
SECTION 11. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
Ordinance No. 006-18
Page 10 of 15
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 12. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 13. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the Clerk in authentication of such passage this 13th day of February 2018.
-42
Robert Putaansuu, Mayor
-4s
I fSEAL n
ATTEST:
<9m0*
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Bek Ashby, Councilmemberh^ron Cates, CityrMtorney
February 23, 2018PUBLISHED:
EFFECTIVE DATE: February 28, 2018
Ordinance No. 006-18
Page 11 of 15
Attachment 1 of Ordinance No. 006-18
APPENDIX E-
Mitigation and Restoration for Redevelopment Activities
in the
High Intensity Shoreline Environment Designation
CITY OF PORT ORCHARD
Ordinance No. 006-18
Page 12 of 15
Shoreline redevelopment, as defined in this Master Plan, shall be designed and conducted in a
manner that protects the current ecological condition of the shoreline, and prevents or mitigates
adverse impacts, while encouraging revitalization and improvements within the City’s waterfront
areas. Redevelopment proposals shall preserve existing native habitat and shoreline functions to
the maximum extent feasible, and shoreline restoration may be required for redevelopment within
the shoreline buffer.
A. Applicability.
The provisions of this Appendix must be referenced in conjunction with other requirements of this
Master Program and with other city policies and regulations. If a conflict appears to exist between
this Appendix and another section of this Master Program or other city policies or regulations, the
redevelopment proposal shall comply with the more stringent requirement, unless otherwise
indicated herein.
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B. Mitigation Sequencing.
1. When redevelopment is proposed that could result in adverse impacts to the shoreline,
mitigation measures shall be applied in the following sequence of steps, listed in order of priority:
a. Avoid the impact altogether by not taking a certain action or parts of an action;
b. Minimize impacts by limiting the degree or magnitude of the action and its implementation
by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
c. Rectify the impact by repairing, rehabilitating or restoring the affected environment;
d. Reduce or eliminate the impact over time by preservation and maintenance operations;
e. Compensate for the impact by replacing, enhancing, or providing substitute resources or
environments, including utilization of the in-lieu fee process where appropriate; and
f. Monitor the impact and the mitigation projects, and take appropriate corrective measures.
2. Application of the mitigation sequence shall achieve no net loss of ecological functions for
each redevelopment proposal.
3. After mitigation sequencing is applied in accordance with 1. and 2. above, compensatory
mitigation selection shall be guided by the following sections of this Appendix.
4. Failure to demonstrate that the mitigation sequencing standards have been met may result in
permit denial, or the city may restrict or reduce development or land uses, or impose additional
conditions.
C. Mitigation Standards.
1. Some redevelopment projects may result in multiple types of impacts to shoreline ecological
functions, each of which may require compensatory mitigation.
2. Mitigation is not required outside of the standard shoreline buffer established for the relevant
use and shoreline environment in Table 7.2 of this Master Program, unless the redevelopment
impact is to aquatic lands, critical saltwater or freshwater habitat, or water quality. All other
requirements of this Master Plan are applicable to the site, as are all other applicable city policies
Ordinance No. 006-18
Page 13 of 15
and regulations, including but not limited to, the land use and zoning code, critical areas ordinance,
stormwater regulations, clearing and grading ordinance, and permit requirements.
3. A Shoreline Mitigation Plan shall be prepared for any redevelopment project that will result in
adverse impacts to the shoreline, including removal of native vegetation within the shoreline
buffer. If the project will also involve restoration, a combined Shoreline Mitigation and
Restoration Plan may be submitted by the applicant.
4. Shoreline Mitigation Plans shall be prepared using site-specific data according to the
requirements of WAC 173-26-201(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline
habitat values and functions or impacts to priority species. If critical areas will be impacted, the
applicable requirements of the city’s critical areas ordinance shall also be addressed in the
mitigation plan.
5. Mitigation plantings or other mitigation options shall occur adjacent and parallel to the OHWM
of the shoreline as a first preference. Depending on site conditions, mitigation may be allowed
away from the shoreline edge, if the actions are replacing in-kind functions and would achieve
greater ecological benefit.
6. All mitigation activities shall protect the integrity of adjacent natural resources, including
critical areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline
uses.
7. Removal of vegetation within a shoreline buffer shall comply with the following replacement
ratios based on the area measurement of the vegetation to be removed, unless an alternative
proposal can be demonstrated to have greater ecological benefit:
a. Removal of grass/lawn: 1:1 replacement with native vegetation.
b. Removal of non-native landscaping (groundcover other than lawn, shrubs, trees): 2:1
replacement with native vegetation.
c. Removal of native vegetation: 4:1 replacement with native vegetation.
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D. Restoration Standards.
1. Restoration of ecological functions and processes shall be carried out in accordance with a
city-approved Shoreline Restoration Plan and the requirements of this Master Program. Shoreline
Restoration Plans shall be prepared using site-specific data according to the requirements of WAC
173-26-20l(2)(e) and WAC 197-11-660, to ensure no net loss of shoreline habitat values and
functions or impacts to priority species. If critical areas will be impacted, the applicable
requirements of the city’s critical areas ordinance shall also be addressed in the restoration plan.
2. All restoration activities shall protect the integrity of adjacent natural resources, including
critical areas, aquatic habitats and water quality, and shall be compatible with adjacent shoreline
uses.
3. Covered Activities. The following actions, individually or in combination, are allowed under
this section:
a. Establishment or enhancement of native vegetation;
b. Removal of nonnative or invasive plants upland of the OHWM, or hard or impervious surfaces
such as pavement or other existing structures, and replacement with native vegetation .
Ordinance No. 006-18
Page 14 of 15
c. Conversion of existing hard structural shoreline stabilization to permitted soft shoreline
stabilization, including associated clearing, dredging and filling necessary to implement the
conversion; provided, that the primary purpose of such actions is clearly restoration of natural
character and the ecological functions of the shoreline and that the actions are consistent with the
requirements of this Master Program and this appendix.i
E. Redevelopment Within a Shoreline Buffer.
1. Within a shoreline buffer, redevelopment of an existing non-water-dependent, legal conforming
or nonconforming building or portion of such building, may be allowed subject to the following:
a. The shoreline designation of the redevelopment site is High Intensity.
b. The redevelopment proposal shall not extend further waterward than the footprint of the existing
primary building or portion of such primary building to be redeveloped. Areas located between
existing primary buildings, including planted landscaping and lawn, pavement and similar surface
coverage, may be developed if the development will not extend further waterward than the existing
primary buildings.
c. Any shoreline impacts anticipated to result from the redevelopment shall be subject to
mitigation sequencing as provided in this appendix, and addressed in a Shoreline Mitigation Plan.
d. Regardless of whether a Shoreline Mitigation Plan is required, the redevelopment proposal shall
include a Shoreline Restoration Plan consistent with subsection C. above and with Section 6.6
(Shoreline Vegetation Conservation) herein that will provide a substantive, measurable
improvement to shoreline conditions within the site or in aquatic areas adjacent to the site, unless
the site has an interrupted buffer pursuant to this section.
e. The redevelopment proposal shall not result in the loss of public access to the shoreline,
including undeveloped easements or right of way.
f. Redevelopment within a shoreline buffer is not allowed in areas of special flood hazards as
defined in POMC 15.38.110 or geologically hazardous areas as defined in POMC Section
15.38.020.
g. All portions of the shoreline buffer that will not be developed shall be maintained or replanted
in native vegetation. Removal of existing native vegetation to accommodate development is not
allowed within the shoreline buffer unless it is required for the water-related or water-dependent
uses and accompanied by mitigation according to this Master Plan.
h. The city may request that the applicant submit studies by qualified professionals, or that a
submitted study, impact analysis, and/or shoreline mitigation or restoration plan be peer-reviewed
by qualified professionals at the applicant’s expense, in order to determine compliance with the
mitigation and/or restoration requirements of this appendix.
i. The redevelopment proposal shall be consistent with other applicable city policies and
regulations, including but not limited to the land use and zoning code, critical areas ordinance,
stormwater regulations, clearing and grading ordinance, and permit processing requirements.
j. If the applicant is unable or unwilling to comply with subsections a. - i. above, the standard
shoreline buffer for the shoreline environment designation of the site shall apply and all new
development or redevelopment on the site shall be located outside the shoreline buffer unless
Ordinance No. 006-18
Page 15 of 15
otherwise allowed by the Act and this Master Plan.
2. Within a shoreline buffer, redevelopment of an existing appurtenant building or structure or
portion of such building or structure is not allowed without a shoreline variance. If a shoreline
variance is obtained, the redevelopment is subject to the requirements of subsections D.l. a.- j.
above.
Monitoring and Maintenance of Mitigation and Restoration Activities.F.
Mitigation and restoration activities are subject to the requirements of Section 6.6
Development Regulations G-DR-32.h. and G-DR-35 of this Master Program.
1.
2. Mitigation and restoration activities that are unpermitted, are inconsistent with an approved
mitigation plan or restoration plan, or are not maintained in accordance with subsection 1. above,
are subject to enforcement per Chapter 10 of this Master Program.
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held February 13, 2018.
ORDINANCE NO. 006‐18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
AMENDMENTS TO THE CITY’S 2013 SHORELINE MASTER PROGRAM REGARDING
REDEVELOPMENT OF SHORELINE PROPERTIES AND MINOR CLARIFICATIONS AND
CORRECTIONS; AMENDING CHAPTERS 6, 7, 8, 9 AND 12 AND ADDING A NEW
APPENDIX E TO THE 2013 SHORELINE MASTER PROGRAM; ADOPTING SHORELINE
MASTER PROGRAM AMENDMENT REQUIREMENTS AS SPECIFIED BY THE
DEPARTMENT OF ECOLOGY; PROVIDING FOR SEVERABILITY AND CORRECTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 006‐18 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 006‐18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, March 9, 2018