Chapter 22.04 GENERAL PROVISIONS

Chapter 22.04
GENERAL PROVISIONS

Sections:

22.04.030 Adoption authority.

22.04.040 Relationship to other codes and ordinances.

22.04.050 Applicability.

22.04.010 Title.

These goals, policies and regulations shall be known as the Kitsap County Shoreline Management Master Program, and may be cited as the “master program.”*

(Res. 27-1999 Exh. A, Part I (§ 11), 1999)

* Editor’s Note: The Shoreline Management Master Program is also referred to, in this title, as the “SMP.”

22.04.020 Purpose.

The purpose of the master program is to guide the future development of the shorelines in Kitsap County in a manner consistent with the Shoreline Management Act of 1971, hereinafter the “act.”

(Res. 27-1999 Exh. A, Part I (§ 12), 1999)

22.04.030 Adoption authority.

This master program is adopted pursuant to the authority granted under the Shoreline Management Act of 1971, Chapter 90.58 RCW and Chapter 173-26 of the Washington Administrative Code (WAC).

(Res. 27-1999 Exh. A, Part I (§ 13), 1999)

22.04.040 Relationship to other codes and ordinances.

Uses, developments, and activities regulated by the master program are also reviewed pursuant to the Kitsap County Comprehensive Plan, the Washington State Environmental Policy Act, the Kitsap County Zoning Code (Title 17 of this code), the Critical Areas Ordinance (Title 19 of this code), the View Blockage Resolution (Chapter 17.450 of this code), and various other provisions of federal, state, and county law. The applicant must comply with all applicable laws prior to commencing any use, development, or activity. This applies to the above-referenced codes as amended in the future.

In order to plan and manage shoreline resources effectively, a system of categorizing shoreline areas is required for use by local governments in the preparation of master programs. The system is designed to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas. To accomplish this, a shoreline environment designation is given to specific areas based on the existing development pattern, the biophysical capabilities and limitations of the shoreline being considered for development and the goals and aspirations of local citizenry. Such information was compiled in a shoreline inventory and was utilized as the basis for the environmental designations. Critical areas located within shoreline jurisdiction shall be subject to regulation pursuant to the Kitsap County Critical Areas Ordinance (Title 19 of this code).

This master program classifies shorelines into five distinct environments (natural, conservancy, rural, semi-rural and urban and one sub-environment, conservancy-public lands) which provide the framework for implementing shoreline policies and regulatory measures.

The master program is designed to encourage, in each environment, uses which enhance the character of that environment. At the same time, local government may adopt reasonable standards and place restrictions on development so that such development does not disrupt or destroy the character of the environment.

The shoreline environmental designations are not intended to be land use designations. They do not imply development densities, nor are they intended to mirror the Comprehensive Plan designations. The system of categorizing shoreline environment designations is derived from WAC 173-26.

The basic intent of this system is to utilize performance standards which regulate activities in accordance with goals and objectives defined locally rather than to exclude any use from any one environment. Thus, the particular use or type of developments placed in each environment must be designed and located so that there are no effects detrimental to achieving the objectives of the shoreline environment designations and local development criteria.

This approach provides an “umbrella” environment class over local planning and zoning on the shorelines. Since every area is endowed with different resources, has different intensity of development and attaches different social values to these physical and economic characteristics, the environment designations should not be regarded as a substitute for local planning and land-use regulations.

Should a conflict occur between the provisions of this SMP or between this SMP and the laws, regulations, codes or rules promulgated by any other authority having jurisdiction within Kitsap County, the more restrictive requirements shall be applied, except when constrained by federal or state law, or where specifically provided otherwise in this SMP.

(Res. 27-1999 Exh. A, Part I (§ 14), 1999)

22.04.050 Applicability.

A. This master program applies to every person, firm, corporation, government agency, or department, who or which:

1. Proposes any new use, activity, development or structure within the unincorporated area of Kitsap County, subject to the act, as amended; or

2. Proposes a change, modification, addition or alteration to an existing use, activity, development or structure within the unincorporated area of Kitsap County, subject to the act, as amended.

B. Nonconforming uses, including nonconforming activities or developments are not exempt from this master program, but may be continued under certain circumstances as provided by WAC 173-27-080 as hereafter amended:

a. “Nonconforming use or development” means a shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program.

b. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards, area, bulk, height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.

c. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded, except that nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040(2)(g) upon approval of a conditional use permit.

d. A use which is listed as a conditional use but which existed prior to adoption of the master program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use.

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 as they apply to preexisting nonconformities.

f. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. A conditional use permit may be approved only upon a finding that:

(1) No reasonable alternative conforming use is practical; and

(2) The proposed use will be at least as consistent with the policies and provisions of the act and the master program and as compatible with the uses in the area as the pre-existing use.

In addition such conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard.

g. A nonconforming structure which is moved any distance must be brought into conformance with the applicable master program and the act.

h. If a nonconforming development is damaged to an extent not exceeding seventy-five percent of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided that application is made for the permits necessary to restore the development within six months of the date the damage occurred, all permits are obtained and the restoration is completed within two years of permit issuance.

i. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. A use authorized pursuant to subsection (f) of this section shall be considered a conforming use for purposes of this master program.

j. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of the act or the applicable master program but which does not conform to the present lot size standards may be developed if permitted by other land use regulations of the local government and so long as such development conforms to all other requirements of the applicable master program and the act.

C. Other Uses. Uses which are not classified under this master program shall require a conditional use permit.

(Res. 27-1999 Exh. A, Part I (§ 15), 1999)