A. 
Based on the provisions of this Master Program, the Director shall determine if a substantial development permit, a shoreline conditional use permit and/or a shoreline variance is required.
B. 
A permit is required for substantial development as defined in SMC § 20.210.010 and RCW 90.58.030(3)(e), as amended from time to time, within the shoreline jurisdiction.
C. 
A substantial development permit is not required for exempt development. An exempt development requires a statement of exemption pursuant to SMC § 20.220.030 and may require a shore-line variance from Master Program provisions and/or a shoreline conditional use permit.
D. 
All uses and development shall be carried out in a manner consistent with the SMC and the Master Program regardless of whether a substantial development permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required.
E. 
When a development or use is proposed that does not comply with the bulk, dimensional and/or performance standards of this program, such development or use may only be authorized by approval of a shoreline variance, even if the development or use does not require a substantial development permit.
F. 
A development or use listed as a shoreline conditional use pursuant to this chapter, or any unlisted use, must obtain a shoreline conditional use permit even if the development or use does not require a substantial development permit.
G. 
Issuance of a statement of exemption, shoreline substantial development permit, shoreline variance, or shoreline conditional use permit does not constitute approval of any other City, State, or federal laws or regulations.
H. 
All shoreline permits or statements of exemption issued for development or use within the shoreline jurisdiction shall include written findings prepared by the Director, documenting compliance with bulk and dimensional policies and regulations of this Master Program. The Director may attach conditions to the approval as necessary to assure consistency with the SMA and this Master Program. The conditions may include a requirement to post a performance financial guarantee assuring compliance with permit requirements, terms and conditions.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the SMA do not apply to the following:
A. 
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, as amended from time to time.
B. 
Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, as amended from time to time, 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.
C. 
Washington State Department of Transportation (WSDOT) facility maintenance and safety improvements. Pursuant to RCW 90.58.356, as amended from time to time, WSDOT 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.
D. 
Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045, as amended from time to time.
E. 
Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW, as amended from time to time.
(Ord. 856 § 2 (Exh. A), 2019)
A. 
Substantial development shall not be undertaken by any person on the shorelines of the State without first obtaining a substantial development permit from the Director, unless the use or development is specifically identified as exempt.
B. 
A substantial development permit shall only be granted by the Director when the development proposed is consistent with the policies and procedures of the SMA, the provisions of Chapter 173-27 WAC, as amended from time to time, this Master Program, and this chapter.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Exemptions – In General.
1. 
The development activities listed in RCW 90.58.030 and WAC 173-27-040, as amended from time to time, shall not require substantial development permits.
2. 
Exemptions are construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process.
3. 
An exemption from the substantial development permit process does not constitute an exemption from compliance with the SMA; this Master Program; or any other applicable City, State, or Federal regulations.
4. 
If any part of a proposed development or use is not eligible for exemption, then a substantial development permit is required for the entire proposed development project.
5. 
The burden of proof that a development or use is exempt from the permit process is on the applicant.
B. 
Letter of Exemption.
1. 
The Director is hereby authorized to approve or deny requests for letters of exemption from the shoreline substantial development permit requirement for uses and developments within shorelines that are specifically listed in RCW 90.58.030 and WAC 173-27-040, as amended from time to time.
2. 
Before issuing a shoreline exemption, the Director shall review the Master Program to determine if the proposed development requires a shoreline variance and/or a shoreline conditional use permit.
3. 
The letter of exemption shall be in writing and shall indicate the specific exemption of the Master Program that is being applied to the development, and shall provide a summary of the Director’s analysis of the consistency of the project with this Master Program and the SMA.
4. 
The Director may attach conditions to the exempted development and/or use as necessary to assure consistency of the project with the SMA and this Master Program.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
The purpose of a variance is to grant relief to specific bulk, dimensional, or performance requirements set forth in the Master Program where there are extraordinary or unique circumstances relating to the physical character or configuration of property such that the strict implementation of the Master Program would impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020, as amended from time to time.
A. 
The applicant for a shoreline variance must demonstrate that the variance meets the criteria in WAC 173-27-170, as amended from time to time. In all instances, the applicant must demonstrate that extraordinary circumstances exist and the public interest shall suffer no substantial detrimental effect.
B. 
A shoreline variance should be granted in circumstances where denial of the permit would thwart the policies enumerated in RCW 90.58.020, as amended from time to time.
C. 
The Director is authorized to approve a shoreline variance from the bulk, dimensional, or performance standards of this Master Program only when all of the criteria enumerated in WAC 173-27-170 are met, as amended from time to time.
D. 
Prior to approval of any shoreline variance, the Director shall consider the cumulative environmental impacts of previous, existing, and possible future requests for like actions in the area. The total effects of approved shoreline variances should remain consistent with the policies of RCW 90.58.020, as amended from time to time, and this Master Program and shall not produce significant adverse effects to the shoreline ecological functions, processes, or other users.
E. 
Before making a determination to approve a shoreline variance, the Director shall consider issues related to the conservation of valuable natural resources and the protection of views from public lands.
F. 
Shoreline variance requests based on the applicant’s/proponent’s desire to enhance the view from the subject development may be granted where there are no likely detrimental effects to existing or future users, views from public lands, critical areas, other features or shoreline ecological functions and/or processes, and where reasonable alternatives of equal or greater consistency with this program are not available.
G. 
A shoreline variance shall not be granted:
1. 
When it would allow a greater height or lesser shoreline setback than what is typical for the area immediately surrounding the development site.
2. 
When it seeks relief from the use regulations of the Master Program.
H. 
A variance issued per SMC § 20.30.310 shall not be construed to mean approval of a shoreline variance from Master Program use regulations.
I. 
An issued shoreline variance does not provide relief from the variance requirements under SMC § 20.30.310.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
The purpose of a shoreline conditional use permit is to allow greater flexibility in the application of the use regulations of the Master Program in a manner consistent with the policies of RCW 90.58.020, as amended from time to time.
A. 
The applicant for a shoreline conditional use permit must demonstrate that all of the criteria in WAC 173-27-160 are met, as amended from time to time.
B. 
Shoreline conditional use permits should be granted in a circumstance where denial of the permit would result in a conflict with the policies enumerated in RCW 90.58.020, as amended from time to time.
C. 
The Director is authorized to issue shoreline conditional use permits only when all the criteria enumerated in WAC 173-27-160 are met, as amended from time to time.
1. 
In granting conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area.
2. 
In authorizing a shoreline conditional use, special conditions may be attached to the permit by the Director or by the Department of Ecology to minimize the effects of the proposed use. Uses that are specifically prohibited by the Master Program may not be authorized with the approval of a shoreline conditional use permit.
D. 
A conditional use permit shall not be issued when uses are specifically prohibited by this Master Program. Nonclassified uses or uses not set forth in the Master Program may be authorized as a conditional use provided the applicant can demonstrate consistency with the requirements of this chapter.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Permits required under this chapter shall be processed consistent with the provisions of Chapter 20.30 SMC and the criteria in this subchapter.
B. 
No permit shall be approved unless the proposed development is consistent with the provisions of this Master Program, the SMA, and the rules and regulations adopted by the Department of Ecology.
C. 
Applications for shoreline permits shall also demonstrate compliance with the provisions of this subchapter.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Applications for shoreline permits shall comply with the submittal requirements developed pursuant to SMC § 20.30.100 and WAC 173-27-180, as amended from time to time, and shall provide all information the Director determines necessary for an application to be complete.
B. 
Burden of Proof. It is the applicant’s responsibility to provide proof that the proposed development is consistent with the permit criteria requirements.
C. 
Approval. The Director may approve, or approve with conditions, any application that complies with criteria imposed by this Master Program and the SMA.
D. 
Conditions. The Director may attach to a permit any suitable and reasonable terms or conditions necessary to ensure the purpose and objectives of this Master Program and the SMA.
E. 
Denial. The Director may deny any application that does not comply with criteria imposed by this Master Program or the SMA.
F. 
Financial Guarantees. The Director may require a financial guarantee to assure full compliance with the terms and conditions of any substantial development permit, shoreline variance or shoreline conditional use. The guarantee shall be in an amount to reasonably assure the City that permitted improvements will be completed within the time stipulated.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Application Submittal. Complete applications for a substantial development permit, shoreline variance, and a shoreline conditional use permit are Type B actions. The applications will be processed pursuant to the procedures identified in this subchapter and SMC §§ 20.30.010 through 20.30.270 and Table 20.30.050. Unless the SMA or other applicable law provides otherwise, the target time for local review is as set forth in Chapter 20.30 SMC.
B. 
Decision. The Director shall provide notice of final decision per SMC § 20.30.150. Pursuant to RCW 90.58.140(6), as amended from time to time, the Director shall send the final decision, including findings and conclusions, to the following State agencies:
1. 
Department of Ecology.
2. 
Attorney General.
C. 
Department of Ecology Review of Permits.
1. 
After the Director has approved a shoreline variance or shoreline conditional use permit, the Director shall file the permit with the Department of Ecology for its approval, approval with conditions, or denial.
2. 
The Department of Ecology will issue its decision on a shoreline variance or shoreline conditional use permit within 30 days of filing.
3. 
Upon receipt of the Department of Ecology’s decision, the Director shall notify those interested parties having requested notification of such decision.
D. 
Local Permit Filing Procedures. After all local permit administrative appeals are complete and the permit documents are amended to incorporate any resulting changes, the City shall mail the permit using return receipt requested mail to the Department of Ecology regional office and the Office of the Attorney General. Projects that require both conditional use permits and/or variances shall be mailed simultaneously with any substantial development permits for the project.
1. 
The permit and documentation of the final local decision will be mailed together with the complete permit application; a findings and conclusions letter; the final decision of the City; a permit data sheet required by WAC 173-27-190, as amended from time to time; and applicable SEPA documents.
2. 
Consistent with RCW 90.58.140(6), as amended from time to time, the State Shorelines Hearings Board 21-day appeal period starts with the date of filing, which is defined below:
a. 
For projects that only require a substantial development permit (SDP): the date that the Department of Ecology receives the City decision.
b. 
For a conditional use permit (CUP) or variance (VAR): the date that the Department of Ecology’s decision on the CUP or variance is transmitted to the applicant and the City.
c. 
For SDPs simultaneously mailed with a CUP or VAR to the Department of Ecology: the date that the Department of Ecology’s decision on the CUP or variance is transmitted to the applicant and the City.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
There are no administrative appeals for shoreline permit decisions made by the Director.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Appeals of the final decision of the City with regard to shoreline management shall be governed by the provisions of RCW 90.58.180, as amended from time to time.
B. 
Appeals to the Shorelines Hearings Board of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/proponent or any aggrieved party pursuant to RCW 90.58.180.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Development pursuant to a shoreline substantial development permit shall not be authorized until 21 days after the “date of filing” of the Director’s decision with the Department of Ecology;
B. 
Development for which a shoreline variance or shoreline conditional use is required shall not begin and shall not be authorized until 21 days after the “date of filing” of the Department of Ecology’s decision with the Director; or
C. 
All appeal proceedings before the State Shorelines Hearings Board have terminated.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
The City may specify the length of time a shoreline permit will be effective based on the specific requirements of the development proposal. If a permit does not specify an expiration date, the following requirements apply, consistent with WAC 173-27-090, as amended from time to time:
A. 
Time Limit for Substantial Progress. Construction activities shall be commenced, or, where no construction activities are involved, the use or activity must begin within two years after the effective date of the permits.
B. 
Extension for Substantial Progress. If a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology, the City may authorize a single extension of no more than one year based on reasonable factors, including the inability to expeditiously obtain other governmental permits that are required prior to the commencement of construction.
C. 
Five-Year Permit Authorization. Authorization to conduct development activities shall terminate five years after the effective date.
D. 
Extension of Permit Authorization. If a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology, the City may authorize a single extension of no more than one year based on reasonable factors.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
A permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from those which are approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this Master Program or the SMA. Changes that are not substantive in effect do not require a permit revision.
B. 
An application for a revision to a shoreline permit shall be submitted to the Director. The application shall include detailed plans and text describing the proposed changes. The City shall review and process the request in accordance with the requirements of WAC 173-27-100, as amended from time to time.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
Nonconforming Structures.
1. 
Structures that were legally established and are used for a conforming use, but which are nonconforming with regard to setbacks, buffers or yards, area, bulk, height, or density, may be maintained and repaired, and may be enlarged or expanded; provided, that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. Such normal appurtenances are by definition located landward of the OHWM.
2. 
A structure for which a shoreline variance has been issued shall be considered a legal non-conforming structure, and the requirements of this section shall apply as they apply to pre-existing nonconformities.
3. 
A structure that is being or has been utilized for a nonconforming use may be used for a different nonconforming use only upon the approval of a shoreline conditional use permit. A shoreline conditional use permit may be approved only upon a finding that:
a. 
No reasonable alternative conforming use is practical;
b. 
The proposed use will be at least as consistent with the policies and provisions of the SMA and this Master Program, and as compatible with the uses in the area, as the preexisting use; and
c. 
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 ensure that the use will not become a nuisance or a hazard.
4. 
Any structure nonconforming as to height or setback standards that becomes damaged may be repaired or reconstructed; provided, that:
a. 
The extent of the previously existing nonconformance is not increased; and
b. 
The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage or destruction.
B. 
Nonconforming Uses.
1. 
Uses that were legally established and are nonconforming with regard to the use regulations of the Master Program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded, without an approved conditional use permit, except that non-conforming single-family residences that are located landward of the OHWM may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040(2)(g), as amended from time to time.
2. 
A use which is listed as a conditional use but existed prior to adoption of the Master Program or any relevant amendment, and for which a conditional use permit has not been obtained, shall be considered a nonconforming use.
3. 
A use which is listed as a conditional use in SMC Table 20.230.081 but existed prior to the applicability of the Master Program to the site, and for which a shoreline conditional use permit has not been obtained, shall be considered a nonconforming use.
4. 
If a nonconforming use is abandoned for 12 consecutive months, or for 12 months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be made conforming. A use authorized pursuant to subsection (B)(1) of this section shall be considered a conforming use for purposes of this section.
C. 
Nonconforming Lots. An undeveloped lot, tract, parcel, site, or division of land located landward of the OHWM that was established in accordance with Chapter 20.30 SMC, Subchapter 7, and State subdivision requirements prior to the effective date of the SMA or the Master Program that does not conform to the present lot size standards may be developed if permitted by other land use regulations of the City, as long as such development conforms to all other requirements of this Master Program and the SMA.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)
A. 
The Director is authorized to enforce the provisions of this chapter and any rules and regulations promulgated hereunder pursuant to the enforcement and penalty provisions of Chapter 173-27 WAC, as amended from time to time.
B. 
This program will be enforced by the means and procedures set forth in Chapter 20.30 SMC, Subchapter 9.
(Ord. 668 § 4 (Exh. 3), 2013; Ord. 856 § 2 (Exh. A), 2019)