ORD 89-11 SHORELINE MASTER PROGRAM UPDATEROC:sk
To Be Considered as Revised April 13, 1989
ORDINANCE NO. 89-11
An ordinance of the City of Winslow, Washington, amending
Chapter 16.12 of the Winslow Municipal Code entitled Shoreline
Management Master Program, in order to correct certain discrepancies
and to also provide for revised definitions of "Vessel", "Dwelling",
and "Floating Home" or "Houseboat"; and to require floating homes and
houseboats to be only at marinas and commercial moorages.
WHEREAS, the City Council has determined that present
ordinances governing floating homes and houseboats should be amended,
and
WHEREAS, the City Council finds that this ordinance is in the
interest of the public health, safety and welfare, now, therefore,
The Mayor and City Council of the City of Winslow, Washington,
do ordain changes to the Winslow Municipal Code to read:
Section 1. Sections 16.12.130, 16.12.150, and 16.12.450 of
Chapter 16.12 entitled "Definitions" are amended so they shall read in
their entirety:
16.12.130 DwellinK- "Dwelling" means a structure or portion
thereof designed or used in whole or in part as a place of human
habitation.
16.12.150 FloatinK Home O__rHouseboat- "Floating home" or
"houseboat" shall be interchangeable and shall mean any floating
structure which has been or is intended to be used for human habitation
and does not meet the definition of "vessel" set forth herein.
16.12.450 Vessel. "Vessel" shall mean any contrivance which
has, as its primary function, transportation on the water, and which
possesses all of the following attributes:
1. A seaworthy hull design that meets USCG standards for
flotation, safety equipment, fuel, electrical, sanitation
and ventilation systems;
2. Designed, built, and capable of functioning as a means of
water transportation and capable of travel in open waters
under its own integral, on-board permanently-installed
propulsion system;
3. Permanent equipment for its transportation function
including on-board, permanently-installed propulsion and
steering systems and navigational equipment; and
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4. Is registered with applicable Federal and State agencies.
Section 2. Section 16.12.710 A, "Marinas and Commercial
Moorages", Definitions, is amended to add floating homes and/or
houseboats to the definitions of Marinas and it shall read:
A. Definition. A marina is a commercial facility which
provides moorage related sales and maintenance services to pleasure
and/or commercial vessels and to houseboats and floating homes. A
commercial moorage is a facility which provides essentially only
moorage to pleasure or commercial vessels and to houseboats and
floating homes.
Section 3. Section 16.12.710 C.9, entitled "Marinas and
Commercial Moorages" General Regulations is amended so it shall
require floating homes and houseboats in marinas and commercial
moorages and it shall read:
C. General Regulations ...
C.9 All floating homes or houseboats shall be permitted only
in marinas and commercial moorages. Vessel liveaboards are permitted
at marinas and commercial moorages.
Floating homes shall be permitted only if:
a)
Sewage handling and disposal is consistent with all
applicable ordinances of the Winslow Municipal Code,
including Title 13; all Washington State agencies; and
those Federal regulations governing marine sanitation:
CFR Part 159, pursuant to the Federal Water Pollution
Control Act, as amended 1972.
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b)
Regulations pertaining to the handling and disposal of
waste sewage or toxic materials have been posted and are
readily visible to all users of the marina or commercial
moorage.
Section 4. Section 16.12.740 A, entitled "Residential
Development" is amended to read in its entirety:
16.12.740 Residential development.
Definition. Residential development shall mean the
construction or exterior alteration of one or more
buildings, structures or portions thereof which are
designed for and used to provide a place of abode for human
beings including single-family detached dwellings, multi-
family residences, row houses, town-houses, and other
similar group housing together with accessory uses and
structures normally common to residential uses. Residential
development shall not include hotels, motels, floating
homes, houseboats or vessels. Although a substantial
development permit is not required for construction on
wetlands by an owner, lessee or contract purchaser of a
single-family residence for his own use or for the use of
his family, which meets all requirements of the city, such
construction must otherwise conform to this Master Program.
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Section 5. Section 16.12.740 C, entitled "Residential
Development" General Regulations is amended to delete the words
"(including floating homes)" so it shall read in its entirety:
C. General Regulations.
1. Residential development over water or in the intertidal
zone shall be prohibited.
2. All utility lines shall be underground.
3. Residential developers shall be required to indicate how
they plan to preserve shoreline vegetation and control
erosion during construction.
Section 6. This ordinance or a summary thereof consisting of
the title and penalty provisions shall be published in the official
newspaper of the city, and shall take effect and be in full force six
(6) months after publication.
ALICE B. TAWRESEY,~MaYor~~
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
ROBERT O. CONOLEY, City Attorney
FILED WITH CITY CLERK: M~rch 31, 1989
PASSED BY THE CITY COUNCIL: April 6, 1989
PUBLISHED: April 19, 1989
EFFECTIVE DATE: Octok~r 19, 1989
ORDINANCE NO. 89-11
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