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A. To limit the obstruction of views from public property or residences, Table 5-2: Shoreline Height Regulations establishes the maximum shoreline height for new or expanded buildings or structures above average grade level.

B. The following structures are exempt from the shoreline height standard requirements: dams, shipping cranes or other freight moving equipment, power or light poles, chimneys, tanks, towers, cupolas, steeples, flagpoles, smokestacks, silos, elevators, fire or parapet walls, open railings and/or similar necessary building appurtenances may exceed the shoreline height limit provided all other requirements of the city are met and no usable floor space above the shoreline height limit is added.

C. Aside from industrial and port development uses, development in the high intensity and the shoreline residential shoreline environment designations may be increased through a shoreline variance that meets the criteria in Section 14.50.730.03 provided:

1. The increase does not substantially block views from adjacent residential properties;

2. The increase will serve overriding considerations of the public interest pursuant to RCW 90.58.320;

3. Greater height is demonstrated to be needed for an essential element of an allowed use;

4. The project includes compensating elements that substantially enhance the visual and physical public access to the shoreline; and

5. It is demonstrated that no net loss of shoreline ecological function will be achieved.

D. As defined in Section 14.50.590, industrial and port development in the high intensity shoreline environment designations may be increased without a shoreline variance provided:

1. Public notice is given following the procedures in Section 14.50.720;

2. The increase does not substantially block views from adjacent residential properties;

3. The increase will serve overriding considerations of the public interest pursuant to RCW 90.58.320;

4. Greater height is demonstrated to be needed for an essential element of an allowed use;

5. The project includes compensating elements that substantially enhance the visual and physical public access to the shoreline; and

6. It is demonstrated that no net loss of shoreline ecological function will be achieved.

Table 5-2: Shoreline Height Regulations

Standard

High Intensity

Shoreline Residential

Urban Conservancy

Aquatic

Maximum Shoreline Height

35 feet (1)

35 feet (2)

35 feet

35 feet

Notes:

(1)Except as allowed in subsection (D) of this section, maximum shoreline height may be increased over thirty-five (35) feet in the Light Industrial (L-I) zoning district and Industrial (I) zoning district with approval of a shoreline variance.

(2)Maximum shoreline height may be increased to forty-five (45) feet in the Multiple Family Residential (R-M) zoning district with approval of a shoreline variance.

E. View Corridor Review Process.

1. Applicants for new or expanded buildings or structures exceeding thirty-five (35) feet in height above average grade level in the high intensity and the shoreline residential shoreline environment designations shall address impacts to views from substantial numbers of residences and public areas as follows:

a. Site design shall provide for view corridors between buildings using building separation, building setbacks, upper story setbacks, pitched roofs and other mitigation.

b. To determine appropriate view corridor location, the shoreline administrator shall review shoreline public access plans, location of state or federally designated scenic highways, government-prepared view studies, SEPA documents or applicant-prepared studies.

c. The maximum width of a view corridor shall not exceed twenty-five (25) percent of the lot width.

2. For heights above thirty-five (35) feet, the following view analysis standards and procedures apply:

a. The applicant shall prepare a view analysis conducted consistent with the application requirements in Section 14.50.710.03. The view analysis shall address:

(1) The cumulative view obstruction created by the proposed development combined with other developments that exceed thirty-five (35) feet in height within a one thousand (1,000) foot radius of the proposed development;

(2) Available view corridors; and

(3) Surface water views lost, compromised or retained.

b. For phased developments, the view analysis shall be prepared in the first phase and include all proposed buildings.

c. Applicants proposing building or structure heights above thirty-five (35) feet that are consistent with the SMP and underlying zoning allowances may be approved as part of a shoreline variance if the following criteria are met:

1. The building or structure will not affect a substantial number of residences. The applicant shall review residences in the area adjoining the project area;

2. The increase will serve overriding considerations of the public interest pursuant to RCW 90.58.320;

3. The development will not cause an obstruction of view from public properties or substantial number of residences. The applicant shall demonstrate through photographs, videos, photo-based simulations or computer-generated simulations that the proposed development will obstruct less than thirty (30) percent of the view of the shoreline enjoyed by a substantial number of residences on areas adjoining such shorelines.

(Ord. 6611 § 1, Amended, 08/09/2017)