Any person wishing to undertake development within shoreline jurisdiction shall apply for a substantial development permit, a shoreline conditional use permit, a shoreline variance permit, or a statement of exemption. Based on the city's comprehensive plan and shoreline master program, the administrator shall determine which permit is required or if the proposal is exempt from a shoreline permit.
A. Substantial Development Permit. Any development of which the total cost or fair market value exceeds that cited in RCW
90.58.030(3)(e), or any development which materially interferes with the normal public use of the water or shorelines of the state. No substantial development shall be undertaken on shorelines of the city without first obtaining a substantial development permit from the city. Applications for such permits shall be made on forms provided by the administrator. An application shall provide the information necessary to be considered complete as specified in the application process.
1. Review Process and Notice Provisions. A substantial development permit is a Type II permit subject to the review process and notice requirements found in Chapter
15.20 EMC. In the event of a conflict between Chapter
15.20 EMC and this chapter, this chapter prevails.
2. Decision Criteria. A substantial development permit must be consistent with the policies and regulations contained within the city's shoreline master program and the requirements of Chapter
90.58 RCW.
3. Decision. The administrator shall file the permit decision with the Department of Ecology and the Attorney General. Construction of development authorized by a shoreline substantial development permit shall not begin until 21 days from the date that the permit is filed by the Department of Ecology or until after all properly filed appeals are terminated.
B. Shoreline Conditional Use Permit. A shoreline conditional use is any use, development, or substantial development classified as a conditional use or any use not classified within the SMP. A shoreline conditional use permit allows flexibility in varying the application of the use regulations consistent with the shoreline master program, the comprehensive plan, and the SMA. Shoreline conditional use permits should also be granted in a circumstance where denial of the permit would result in a thwarting of those same policies. In authorizing a shoreline conditional use, special conditions may be attached to the permit to prevent undesirable effects of the proposed use. Uses that are specifically prohibited may not be authorized with approval of a shoreline conditional use permit. Applications for such permits shall be made on forms provided by the administrator. An application shall provide the information necessary to be considered complete as specified in the application process.
1. Review Process and Notice Provisions. A shoreline conditional use permit is a Type IV permit subject to the review process and notice requirements found in Chapter
15.24 EMC. In the event of a conflict between Chapter
15.24 EMC and this chapter, this chapter will prevail.
2. Decision Criteria.
a. Uses classified as shoreline conditional uses may be authorized provided the applicant can demonstrate the proposal meets WAC
173-27-160 and all of the following are met:
(1) That the proposed use will be consistent with the policies of the SMA and the policies of the master program;
(2) That the proposed use will not interfere with the normal public use of public shorelines;
(3) That the proposed use of this site and design of the project will be compatible with other permitted uses within the area;
(4) That the proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is to be located; and
(5) That the public interest suffers no substantial detrimental effect.
b. Other uses that are not classified or set forth in the master program may be authorized as conditional uses; provided, that the applicant can demonstrate, in addition to the criteria set forth in subsection (B)(2)(a) of this section, that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the use regulations of the master program.
c. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests or like actions in the area.
3. Decision. All shoreline conditional uses issued by the city must be submitted to the Washington State Department of Ecology (Ecology) for its approval or disapproval. A decision is not final until submitted to and approved by the Washington State Department of Ecology. Construction of development authorized by a shoreline conditional use permit shall not begin until 21 days from the date that the decision by the Department of Ecology is transmitted to the administrator, or until after all properly filed appeal proceedings are terminated.
C. Shoreline Variance. The purpose of a variance is strictly limited to granting relief to specific bulk, dimensional, or performance standards set forth in the master program where there are extraordinary or unique circumstances relating to the properties such that the strict implementation of the master program would impose unnecessary hardships on the applicant or thwart the policies set forth in the SMA.
1. Review Process and Notice Provisions. A shoreline variance permit is a Type IV permit subject to the review process and notice requirements found in Chapter
15.24 EMC. Where there is a conflict between Chapter
15.24 EMC and this chapter, this chapter will prevail.
2. Decision Criteria. The criteria for granting variances shall be consistent with WAC
173-27-170 and include the following:
a. Variances should be granted in a circumstance where denial of the permit would result in a thwarting of the policy enumerated in the SMA. In all instances, extraordinary circumstances should be shown, and the public interest shall suffer no substantial detrimental effect.
b. Variances for development that will be located landward of the ordinary high-water mark may be authorized provided the applicant can demonstrate all of the following:
(1) That the strict application of the bulk, dimensional, or performance standards as set forth in the master program precludes or significantly interferes with a reasonable permitted use of the property;
(2) That the hardship is specifically related to the property and is the result of unique conditions, such as irregular lot shape, size, or natural features, in the application of the master program and not, for example, from deed restrictions or the applicant's own actions;
(3) That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment designation;
(4) That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief; and
(5) That the public interest will suffer no substantial detrimental effect.
c. Variances for development that will be located waterward of the ordinary high-water mark may be authorized provided the applicant can demonstrate all of the criteria specified in subsection (C)(2)(b) of this section. The applicant must also demonstrate that the public rights of use of the shorelines will not be adversely affected by the granting of the variance, and that the strict application of the bulk, dimensional, or performance standards set forth in the applicable master program precludes all reasonable use of the property.
d. In granting of all variances, consideration shall be given to the cumulative impact of additional requests or like actions in the area.
3. Decision. All shoreline variances issued by the city must be submitted to the Washington State Department of Ecology (Ecology) for its approval or disapproval. A decision is not final until submitted to and approved by the Washington State Department of Ecology. Construction of development authorized by a shoreline variance shall not begin until 21 days from the date that the decision by the Department of Ecology is transmitted to the administrator, or until after all properly filed appeal proceedings are terminated.
D. Shoreline Exemption. Certain activities, developments or uses are exempt from the substantial development permit requirements of the Act and this program. These developments are those set forth in WAC
173-27-040 (or as amended), and do not meet the definition of substantial development under RCW
90.58.030(3)(e). If a development does not meet the definition of "substantial development," it may be exempt from the requirement to obtain a shoreline substantial development permit, but may require a shoreline conditional use permit, shoreline variance, or a statement of exemption.
1. Statement of Exemption Required. Applicants for all nonshoreline permits or approvals within the shoreline jurisdiction must obtain a written statement of exemption from securing a shoreline substantial development permit. This process verifies the action is exempt and offers the applicant an itemization of shoreline policies and other requirements applicable to the proposed project.
2. Review Process. A statement of exemption is an administrative determination. Before determining a proposal is exempt, the administrator may conduct a site inspection to ensure the proposal meets the exemption criteria.
3. Decision Criteria. An exemption from the substantial development permit requirements does not constitute an exemption from the policies and use regulations of the Shoreline Management Act, the provisions of this master program, and other applicable city, state, or federal permit requirements. The exemption granted may be conditioned to ensure the activity is consistent with the shoreline master program, the city's comprehensive plan, and SMA. The city shall attach shoreline management terms and conditions to the building permits and other permits and approval pursuant to RCW
90.58.140.
4. Exemptions Waterward of OHWM. Whenever a development falls within the exemption criteria and is subject to a U.S. Army Corps of Engineers Section 10 or Section 404 permit, the administrator shall prepare a statement of exemption, and transmit a copy to the applicant and the Washington State Department of Ecology.
E. Development Exceptions. These exceptions are not required to obtain shoreline permits or local reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following:
1. Remedial actions. Pursuant to RCW
90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter
70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter
70.105D RCW.
2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW
90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system stormwater general permit.
3. WSDOT facility maintenance and safety improvements. Pursuant to RCW
90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW
90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review.
4. Projects consistent with an environmental excellence program agreement pursuant to RCW
90.58.045.
5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter
80.50 RCW.
(Ord. 2509 § 3 (Exh. B), 2012; Ord. 2665 § 2 (Exh. B), 2019)