Chapter 17.450
VIEW BLOCKAGE REQUIREMENTS*
* Editor’s Note: This chapter was formerly designated Chapter 18.08, “Shoreline Management.” It was renamed and relocated to this title at the time of the 2000 republication of this code.
Sections:
17.450.010 Definitions.
17.450.020 Shoreline structure setback line.
17.450.030 Accessory structures.
17.450.040 Conditional waiver procedure.
17.450.050 Appeal procedure.
17.450.060 Repealed.
17.450.010 Definitions.
The following definitions shall apply in the administration and enforcement of this chapter:
(1) “Accessory structure” means buildings encompassing less than one hundred fifty square feet and less than eight feet in height from grade level, structures less than eight feet in height from grade level and fences which are less than six feet in height from grade level.
(2) “Adjacent principal building” means a principal building located on a lot abutting the applicant’s lot.
(3) “Building” means any structure used or intended for supporting or sheltering any use or occupancy.
(4) “Building line” means the perimeter of that portion of a principal building including decks and balconies closest to the ordinary high water mark but excluding open steps, architectural features (such as cornices), decks less than eighteen inches above grade and roof overhangs less than two feet.
(5) “Ordinary high water mark” means that mark on all lakes, streams and tidal water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting land, in respect to vegetation as that condition existed on June 1, 1971 or as it may naturally change after; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. (See RCW Chapter 90.58).
(6) “Principal building” means that building on a lot closest to the ordinary high water mark excluding accessory structures.
(7) “Structure” means that which is built or constructed.
(8) “Shoreline structure setback line” means the closest distance measured on a horizontal plane between the ordinary high water mark and the building line.
(Res. 240-1984 § 1, 1984)
17.450.020 Shoreline structure setback line.
All principal buildings shall be so located as to maintain the minimum shoreline structure setback line. The shoreline structure setback line shall be determined as follows:
(1) No Adjacent Principal Buildings. Where there are no adjacent principal buildings, the shoreline structure setback line shall be that setback specified elsewhere in this Zoning Ordinance.
(2) Adjacent Principal Building on One Side. Where there is an adjacent principal building on one side, the shoreline structure setback line shall be a distance no less than that of the adjacent principal building to the shoreline or that setback specified elsewhere in this Zoning Ordinance, whichever is greater.
(3) Adjacent Principal Buildings on Both Sides on a Regular Shoreline. Where there are adjacent principal buildings on both sides of the proposed structure on a regular shoreline, the shoreline structure setback line shall be determined by a line drawn between the building line of the adjacent principal buildings or that setback specified elsewhere in this Zoning Ordinance, whichever is greater.
(4) Adjacent Principal Buildings on Both Sides on an Irregular Shoreline. Where there are two adjacent principal structures on a shoreline which forms a cove or peninsula, the shoreline structure setback line shall be determined by averaging the setback lines of the two adjacent principal buildings or the setback specified elsewhere in this Zoning Ordinance, whichever is greater.
(Res. 240-1984 § 2, 1984)
17.450.030 Accessory structures.
Accessory structures may be sited within the shoreline setback area provided that they do not substantially obstruct the view of adjacent principal buildings.
(Res. 240-1984 § 3, 1984)
17.450.040 Appeal procedure.
Determinations of shoreline structure setback lines are classified as Type I decisions under Title 21 of this code, the Land Use and Development Procedures Ordinance. (See Section 21.04.060, “Type I – Ministerial Decision”).
(Ord. 346 (2005) § 7, 2005: Res. 240-1984 § 4(b), 1984)*
* Editor’s Note: Prior to amendment by Ordinance 346 (2005), this section was numbered as § 17.450.050.
17.450.050 Conditional waiver procedure.
A. An applicant aggrieved by the strict application of this chapter may seek a conditional waiver from the director. Such a waiver shall be a Type II administrative decision. A conditional waiver may be granted after the applicant demonstrates the following:
1. The hardship which serves as the basis for granting the conditional waiver is specifically related to the property of the applicant and does not apply generally to other property in the vicinity;
2. The hardship which results from the application of the requirements of this chapter is not a result of the applicant’s own actions;
3. The conditional waiver, if granted, will be in harmony with the general purpose and intent of the Shoreline Management Act and the Kitsap County Shoreline Management Master Program in preserving the views of the adjacent shoreline residences;
4. In balancing the interest of the applicant with adjacent neighbors, if more harm will be done by granting the conditional waiver than would be done by denying it, the conditional waiver shall be denied.
B. The applicant seeking a conditional waiver of the strict application of this chapter may file an application with the department accompanied by an application fee per the Kitsap County Development Permit Fee Schedule (Section 21.06.100).
(Ord. 346 (2005) § 8, 2005: Ord. 291 (2002) § 13, 2002: Res. 240-1984 § 4(a), 1984)*
* Editor’s Note: Prior to amendment by Ordinance 346 (2005), this section was numbered as § 17.450.040.
17.450.060 (Repealed)*
* Editor’s Note: Former Section 17.450.060, Hearings, was repealed by Section 9 of Ord. 346 (2005). The section was originally derived from Res. 240-1984 § 4(c), 1984.
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