Newcastle City Zoning Code
CHAPTER 18
17 DEVELOPMENT STANDARDS – WATERFRONT
§ 18.17.010 Definitions.
A.
"Aquatic area"
means any water feature including:
1.
All rivers, streams, and bodies of open water, such as lakes, ponds and reservoirs;
2.
Conveyance systems, such as a ditch, if any portion of the contributing water is from an aquatic area listed in subsection (A)(1) of this section;
3.
Impoundments, such as a reservoir or pond, if any portion of the contributing water is from an aquatic area listed in subsection (A)(1) of this section.
"Aquatic area"
does not include water features where the source of contributing water is entirely artificial, including, but not limited to, a ground water well.
B.
"Docks"
are structures that are fixed to the shoreline but floating upon the water.
C.
"Piers"
are fixed, piling-supported structures located over water.
D.
"Floats"
(rafts) are floating structures that are moored, anchored, or otherwise secured in the water that are not directly connected to the shoreline.
E.
"Replacement structure"
means a structure must have been usable at the site within the 12 months immediately before the time of application submittal to be considered a replacement structure. "Usable" means no major deterioration or section loss in critical structural components is present.
(Ord. 2020-603 § 2)
§ 18.17.020 Purpose.
The purpose of this chapter is to establish requirements relative to development of docks, piers, and/or floats on Lake Boren, maintain the low-profile character of existing development, and to promote protection of habitat for native plants and animals.
(Ord. 2020-603 § 2)
§ 18.17.030 Applicability.
The provisions of this chapter shall apply to construction and renovation of docks, floats, and piers within the city's aquatic areas.
(Ord. 2020-603 § 2)
§ 18.17.040 Development guidelines.
Any dock, pier, or float authorized by this chapter shall be subject to the following conditions:
A.
These development standards are meant to be consistent with or more stringent than the Washington Administrative Code (WAC). All proposals shall be compliant with WAC 220-660-140.
B.
All docks, piers, and floats must receive hydraulic permit approval (HPA) from Washington Department of Fish and Wildlife (WDFW) prior to acceptance of building permit.
C.
Proposals are subject to SEPA review.
D.
Proposals must be accompanied by a critical area report.
E.
Docks, piers, and floats are allowed only for aquatic areas.
F.
All aquatic structures shall be the minimum size required to accommodate the intended function.
G.
Only one dock, pier, or float may be allowed for a single detached residential lot.
H.
For residential subdivisions, short subdivisions, or for multiunit dwelling unit development proposals, only one joint-use dock, pier, float, or launching facility is allowed unless the subdivision, short subdivision, or multiunit dwelling unit development has more than 300 feet of shoreline. Developments may have two docks, piers, floats or launching facilities if they have 300 or more feet of shoreline.
I.
Private boat launch ramps, mooring buoys, and mooring piles are not allowed.
J.
New bulkheads or other "hard armoring" structures are not permitted.
K.
Canopies are not permitted.
L.
Skirting is not permitted.
M.
No improvement shall exceed six feet above the top of the decking.
N.
Setbacks.
1.
All new docks, piers, and floats are subject to five-foot side setbacks. If the property line does not extend into the lakebed, side setback distance shall be measured between the side of the dock, pier, or float nearest and the extension of the upland side lot line.
2.
No pier, dock, float or other structure shall block or close the access to any other pier, dock, float or other structure.
3.
Docks, piers and floats may be constructed within a rear setback and extend beyond the rear property line of the upland property.
(Ord. 2020-603 § 2; Ord. 2020-613 § 8)
§ 18.17.050 Development standards.
A.
A new residential dock, float, or pier shall meet the following requirements:
1. Maximum length inclusive of ells, floats, fingers, etc. | 65 feet for single-family homes. 75 feet for multifamily or joint use dock structures for developments with 3 or more units. The dimension perpendicular to the shore shall not measure more than 65 feet in length for any proposed dock. |
2. Maximum width | 6 feet for the first 30 feet from the shoreline (measured from mean low water). 8 feet beyond the first 30 feet. |
3. Decking for piers, dock walkways, platform lifts, ells and fingers | A dock or float 6 feet wide or narrower must have at least 30 percent of the deck surface covered in functional grating. A dock or float wider than 6 feet (up to 8 feet wide) must have at least 50 percent of the deck surface covered in functional grating. Additional requirements, including those for piers, are found in WAC 220-660-140. |
4. Pilings | Pilings shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds. |
Steel pilings used to construct residential docks shall not exceed 6 inches in diameter unless otherwise permitted by the Department of Fish and Wildlife in writing and/or via an approved hydraulic permit application (HPA). |
B.
Replacement of an entire existing pier or dock, including piles, and/or replacements or renovations meeting nonconformance standards in Chapter 18.32 NMC, shall constitute a new structure and shall be subject to all provisions for a new structure as defined in this chapter.
C.
Repair proposals that require replacement of fewer structural elements listed as the threshold for subsection (B) of this section must comply with the following regulations:
1.
Replacement pilings may use WDFW-accepted treated wood to match existing pilings.
2.
Replacement of more than 33 percent or 250 square feet of decking or replacement of decking substructure requires installation of functional grating in the replaced portion only.
(Ord. 2020-603 § 2)
§ 18.17.060 Notes.
A.
Public recreational waterfront facilities are subject to standards in WAC 220-660-140.
B.
Projects may require additional permitting through the Army Corps of Engineers (Joint Aquatic Resource Permit Application/JARPA) approval. It is the responsibility of the applicant to obtain all required permits.
C.
Other repairs to existing legally established moorage facilities where the nature of the repair is not described in this chapter shall be considered minor repairs and are permitted, consistent with all other applicable codes and regulations.
D.
Measurement of structure length shall be from the shoreline (OHWM) to the end of the portion perpendicular to the shoreline (long edge of the structure). Ells, fingers, and floats that are parallel to the shoreline shall be measured along the short edge of the ell, finger, or float.
 |
(Ord. 2020-603 § 2; Ord. 2022-645 § 10)
