40.460.705 General Provisions

A.    Except as specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Act and this Program.

B.    The requirements of this Program are only applicable within the county’s shoreline jurisdiction.

C.    Classification of a use or development as permitted does not necessarily mean the use/development is allowed. It means the use/development may be allowed subject to review and approval by the county and/or Ecology. The county may attach conditions of approval to any permitted use via a permit as necessary to assure consistency of a project with the Act and this Program.

D.    To be authorized under this Program, all uses and developments shall be planned and carried out in a manner that is consistent with the county codes and this Program regardless of whether a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit is required.

E.    Applicants requesting review for permits under this Program have the burden to prove that the proposed development or activity is consistent with the criteria that must be met before a permit is granted.

F.    The Shoreline Administrator has the authority under Section 40.100.050 to interpret and apply the provisions of this Program. The Shoreline Administrator shall consult with Ecology to ensure that any formal written interpretations are consistent with the purpose and intent of Chapter 90.58 RCW and the applicable guidelines.

G.    The county shall not issue any permit for development within the shoreline jurisdiction until approval has been granted pursuant to this Program.

H.    A development or use that does not comply with the bulk, dimensional, and/or performance standards of this Program shall require a shoreline variance even if the development or use does not require a substantial development permit.

I.    A development or use that is listed as a conditional use pursuant to this Program, or is an unlisted use, must obtain a conditional use permit even if the development or use does not require a substantial development permit.

J.    Issuance of a shoreline substantial development permit, shoreline variance or shoreline conditional use permit does not constitute approval pursuant to any other federal, state or county laws or regulations.

(Added: Ord. 2012-07-16)