A request for a shoreline conditional use permit or a shoreline variance shall be subject to the criteria of Chapter 173-27 WAC, and to the regulations in the city’s zoning ordinance, subdivision ordinance and critical areas ordinance. Where a conflict exists between regulations, the more restrictive shall apply. An application for a shoreline conditional use permit or a shoreline variance shall be processed according to the requirements of Chapter 16.09. In addition, the following criteria shall apply in all shoreline areas:
A. 
All development and uses indicated as conditionally permitted land uses in the relevant shoreline environment according to Section 16.08.180 shall require a shoreline conditional use permit.
B. 
A new or expanded use or development which is otherwise permitted, but which would significantly impair or alter the public’s access to or use of the waters of Liberty Bay, shall require a shoreline conditional use permit.
C. 
A new or expanded use or development which by its intrinsic nature may have a significant ecological impact on shoreline ecological functions or shoreline resources at a particular location, whether or not the impacts can be mitigated, shall require a shoreline conditional use permit.
D. 
A new or expanded use or development that is proposed in critical saltwater habitat shall require a shoreline conditional use permit.
E. 
Development of an undeveloped legal shore-line lot that is nonconforming (i.e., a lot which because of its size, configuration, presence of critical areas or other reason cannot meet the requirements of the zoning code, critical areas ordinance or shoreline master program requirements for development setbacks and buffers) shall require a shoreline variance. All development regulations and requirements that can be met without a shoreline variance shall be met. Development allowed through a shoreline variance shall be the minimum allowed to prevent a regulatory taking of the lot based on its zoning and shoreline environment.
F. 
Nonconforming lots within the shoreline jurisdiction are not eligible for a shoreline variance to allow further subdivision.
G. 
Any habitat impacts resulting from development permitted under a shoreline conditional use permit or a shoreline variance shall be mitigated to ensure no net loss of shoreline habitat or ecological function.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)