CITY OF DES MOINES SHORELINE MASTER PROGRAM

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Des Moines Shoreline Master Program 6. 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: a. No reasonable alternative conforming use is practical; and b. The proposed use will be at least as consistent with the policies and provisions of the SMP and as compatible with the uses in the area as the preexisting use. c. 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 SMA and to assure that the use will not become a nuisance or a hazard. 7. A nonconforming structure which is moved any distance must be brought into conformance with the SMP and the SMA. 8. 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 through a conditional use permit pursuant to subsection (6) of this section shall be considered a conforming use for purposes of this section. 9. 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. 6.3.3 Aquaculture 1. Commercial aquaculture is prohibited in all shoreline environments. 2. Noncommercial fishing, clamming, and taking of other marine resources within the shoreline of the City of Des Moines shall be allowed only in accordance with rules and regulations established by the Washington State Department of Fish and Wildlife, the Washington State Department of Health, The U.S. Department of Fish and Wildlife, and the National Marine Fisheries Service. 6.3.4 Commercial Development Uses and activities associated with commercial development that are identified as separate use activities in this program, such as Marinas, Piers and Docks, Signs, Utilities, etc., are subject to the regulations established for those uses in addition to the standards for commercial development. 1. Commercial development is prohibited in the Urban Conservancy, Shoreline Residential, and Aquatic shoreline environments. 2. Water dependent and water-oriented commercial development is only allowed in the High- Intensity and Aquatic shoreline environments, if permitted in the adjacent shoreline environment. Department of Ecology approval effective November 1, 2010 78 Adopted by City of Des Moines Ordinance No. 1502
Des Moines Shoreline Master Program 3. Non water-oriented commercial development is allowed in the High-Intensity environments provided it is compatible and complimentary to water-oriented uses and does not displace or diminish opportunities for water-oriented uses. 4. Parking facilities shall be placed inland away from the immediate water's edge and shoreline recreational areas, except as approved by a variance. 5. New commercial development shall not block public scenic views. 6. New commercial development shall provide for public access to the shoreline. 7. Removal of trees or natural vegetation shall be prohibited unless for public safety, scenic consideration, or public access and only where such removal will not cause degradation to shoreline ecological processes or functions. 6.3.5 Marinas / Boating Facilities 1. The following standards or use regulations are directed toward the City’s Marina, the Redondo Boat Launch, and potential future marina or boat launch developments or expansions on Des Moines' shoreline. The City of Des Moines Marina and Des Moines Yacht Club are conforming water-dependent uses which will require normal maintenance and repair, including occasional replacement of elements. All marina development is prohibited in the shoreline residential and Urban Conservancy shoreline environments. 2. New public marina development or expansion of existing public marina facilities shall be allowed only in the High-Intensity shoreline environments. 3. New public or private marina development shall plan and provide for public access to shorelines of the state to include a variety of shoreline access opportunities and circulation for pedestrians (including disabled persons), bicycles, and vehicles between shoreline access points consistent with other comprehensive plan elements. 4. New private marina development or expansion of existing private marina facilities shall be allowed only in the High-Intensity shoreline environments through a Shoreline Conditional Use Permit. 5. Living aboard moored or anchored vessels outside of the Des Moines Marina is prohibited. The number of allowed live-aboard vessels in the Des Moines Marina shall be limited to 20 or less at any one time. 6. Marinas shall be aesthetically compatible with adjacent areas. 7. In addition to the provisions below, all activities, uses, and development in marinas shall comply with DMMC 15.04, Harbor Code, and the Des Moines Marina Rule Book, as revised to meet health, safety, and welfare requirements. a. All fuels and chemicals at marinas shall be kept, stored, handled and used in a manner that minimizes accidental spillage. b. Adequate and satisfactory means for handling accidental fuel and chemical spills must be provided. c. Parking facilities for marina users shall be located as far inland as possible. d. Parking areas that serve marinas shall conform to the regulations for transportation facilities in this master program. Department of Ecology approval effective November 1, 2010 Adopted by City of Des Moines Ordinance No. 1502 79
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CITY OF DES MOINES SHORELINE MASTER PROGRAM

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