35.30.070 Regulations – View protection common line buffer

(1) Common Line Buffer. To ensure that new single-family residential developments within the Shoreline Residential – Intensive and Marine Waterfront designations have views of the shoreline that are similar, and generally equivalent, to adjacent residences, the following regulations shall apply, as shown in Figures 6-6a and 6-6b:

(a) For a new residence on a vacant lot with legally established residences on both sides, the proposed residence shall be set back from the ordinary high water mark of the shoreline to a common line drawn between the nearest corners of each adjacent residence.

(b) For a new residence on a vacant lot with a legally established residence on one side of the proposed structure, the proposed residence shall be set back from the ordinary high water mark of the shoreline to a line drawn between the nearest corner of the existing adjacent residence and the nearest applicable setback for the adjacent vacant parcel.

(c) Where there are two adjacent residences on a shoreline which forms a cove or peninsula, the setback line shall be determined by averaging the setback lines of the two adjacent residences or the buffer and setback specified elsewhere in this Program, whichever is greater.

(d) Where there are no adjacent established residences on either side, the shoreline setback line shall comply with the standard minimum shoreline buffer width of this Program.

(2) Parcels located in mapped channel migration zones or landslide hazard areas shall not be eligible for the common line buffer option. The common line buffer option shall not be used to deviate from any wetland buffers required by this Program.

(3) The low bank shoreline reaches along the Strait of Juan de Fuca and inner bays within the Shoreline Residential – Intensive and Marine Waterfront designations are subject to beach erosion and accretion that can result in significant changes over time to the location of the ordinary high water mark. In such areas, new single-family residential development shall not be located waterward of the closest preexisting, legal residence within the shoreline reach.

(4) The common line buffer may be administratively waived where an elevation survey demonstrates that due to a difference in topography or a vegetation survey demonstrates that due to the presence of significant view-blocking vegetation on or adjacent to the common border of two parcels, the proposed residence will not result in any view blockage to adjacent residences. In such cases, the buffers specified elsewhere in this program shall apply.

Figure 6-1. Buffer widths for the Natural designation

Additional requirements may apply in addition to those shown in Figure. Refer to Tables 2-1 and 2-2 for which uses are allowed, prohibited or conditional. Refer to Chapters 35.15 and 35.20 CCC for additional regulations pertaining to specific uses, developments and modifications. Uses/development may also be subject to additional buffers due to presence of wetlands, small streams, habitats for federally listed threatened or endangered species, landslide hazard areas, erosion hazard areas or other features. Refer to Chapter 35.35 CCC for additional information.

Figure 6-2. Buffer widths for the Resource Conservancy designation

Additional requirements may apply in addition to those shown in Figure. Refer to Tables 2-1 and 2-2 for which uses are allowed, prohibited or conditional. Refer to Chapters 35.15 and 35.20 CCC for additional regulations pertaining to specific uses, developments and modifications. Uses/development may also be subject to additional buffers due to presence of wetlands, small streams, habitats for federally listed threatened or endangered species, landslide hazard areas, erosion hazard areas or other features. Refer to Chapter 35.35 CCC for additional information.

Figure 6-3. Buffer widths for the Shoreline Residential – Conservancy designation

Examples shown are based on “minor new development”; the “major new development” standard buffer is 150 feet (see CCC 35.30.030). Additional requirements may apply in addition to those shown in Figure. Refer to Tables 2-1 and 2-2 for which uses are allowed, prohibited or conditional. Refer to Chapters 35.15 and 35.20 CCC for additional regulations pertaining to specific uses, developments and modifications. Uses/development may also be subject to additional buffers due to presence of wetlands, small streams, habitats for federally listed threatened or endangered species, landslide hazard areas, erosion hazard areas or other features. Refer to Chapter 35.35 CCC for additional information.

Figure 6-4. Buffer widths for the Shoreline Residential – Intensive designation

Examples shown are based on “minor new development”; the “major new development” standard buffer is 100 feet (see CCC 35.30.030). Additional requirements may apply in addition to those shown in Figure. Refer to Tables 2-1 and 2-2 for which uses are allowed, prohibited or conditional. Refer to Chapters 35.15 and 35.20 CCC for additional regulations pertaining to specific uses, developments and modifications. Uses/development may also be subject to additional buffers due to presence of wetlands, small streams, habitats for federally listed threatened or endangered species, landslide hazard areas, erosion hazard areas or other features. Refer to Chapter 35.35 CCC for additional information.

Figure 6-5. Buffer widths for the Marine Waterfront designation

Examples shown are based on “major new development”; the “minor new development” standard buffer is either 50 or 75 feet (see CCC 35.30.030). Additional requirements may apply in addition to those shown in Figure. Refer to Tables 2-1 and 2-2 for which uses are allowed, prohibited or conditional. Refer to Chapters 35.15 and 35.20 CCC for additional regulations pertaining to specific uses, developments and modifications. Uses/development may also be subject to additional buffers due to presence of wetlands, small streams, habitats for federally listed threatened or endangered species, landslide hazard areas, erosion hazard areas or other features. Refer to Chapter 35.35 CCC for additional information.