Chapter 25.35 PROCEDURES

Chapter 25.35
PROCEDURES

Sections:

25.35.010 Substantial development – Permit required – Exemption.

25.35.020 Permits – Prerequisite to other permits.

25.35.030 Permits – Variance.

25.35.040 Permits – Conditional use.

25.35.050 Alteration or reconstruction of nonconforming use or development.

25.35.060 Permits – Combined hearing authority.

25.35.070 Permits – Approval or disapproval – Notification – Additional conditions – Limitations.

25.35.080 Appeals.

25.35.090 Rules of director.

25.35.100 Enforcement.

25.35.110 Shoreline environment redesignation.

25.35.010 Substantial development – Permit required – Exemption.

(1) No development shall be undertaken by any person on the shorelines of the state unless such development is consistent with the policy of Section 2 of the Shoreline Management Act of 1971, and, after adoption and approval, the guidelines and regulations of the Washington State Department of Ecology and the City of Sammamish shoreline master program.

(2) No substantial development shall be undertaken by any person on the shorelines of the state without first obtaining a substantial development permit from the director; provided, that such a permit shall not be required for the development excepted from the definition of substantial development in RCW 90.58.030 and for developments exempted by RCW 90.58.140(9) and (10).

(3) Any person claiming exception from the permit requirements of this chapter as a result of the exemptions described in subsection (2) of this section may make an application to the director for such an exemption in the manner prescribed by the director. Development within the shorelines of the state which does not require a permit shall conform to the master program. Conditions requiring such conformance may be imposed prior to granting exemption from the permit requirement. (Ord. O99-29 § 1)

25.35.020 Permits – Prerequisite to other permits.

In the case of development subject to the permit requirements of this title, the City shall not issue any other permit for such development until such time as approval has been granted pursuant to this title. Any development subsequently authorized by the City shall be subject to the same terms and conditions which apply to the development authorized pursuant to this title. (Ord. O99-29 § 1)

25.35.030 Permits – Variance.

(1) The director is authorized to grant a variance from the performance standards of this master program only under the conditions enumerated WAC 173-27-170 (Review Criteria for Variances).

(2) A variance from City development code requirements shall not be construed to mean a variance from shoreline master program use regulations and vice versa.

(3) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment designation.

(4) The burden of proving that a proposed variance meets these conditions shall be on the applicant; absence of such proof shall be grounds for denial of the application.

(5) The fee that shall accompany an application for a shoreline variance shall be set forth by resolution. (Ord. O99-29 § 1)

25.35.040 Permits – Conditional use.

(1) The director is authorized to issue shoreline conditional use permits only under the following circumstances:

(a) The development must be compatible with uses that are permitted within the master program environment in which the development is proposed.

(b) The use will cause no unreasonable adverse effects on the shoreline or surrounding properties and uses.

(d) The development of the site will not be contrary to the policies of the master program.

(2) The burden of proving that a proposed shoreline conditional use meets the criteria enumerated in subsection (1) of this section shall be on the applicant. Absence of such proof shall be grounds for denial of the application; provided, however, that the director is authorized to determine and impose, on a case-by-case basis, those conditions and standards that may be required to enable any proposed shoreline conditional use to satisfy the criteria established in subsection (1) of this section. (Ord. O99-29 § 1)

25.35.050 Alteration or reconstruction of nonconforming use or development.

(1) Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if:

(a) The modifications will make the use or development less nonconforming; or

(b) The modifications will not make the use or development more nonconforming.

(2) A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than 50 percent of its fair market value at present or at the time of its destruction by fire, explosion, or other casualty or act of God, may be reconstructed only insofar as it is consistent with existing regulations.

(3) The review of applications for the modification of a nonconforming use or development shall be subject to the guidelines enumerated in Chapter 21A.70 SMC, Nonconformance, Temporary Uses, and Re-Use of Facilities. (Ord. O99-29 § 1)

25.35.060 Permits – Combined hearing authority.

(1) In those cases when proposed development under the jurisdiction of this title also requires a Type 3 or Type 4 decision and a public hearing before the hearing examiner is required, the department shall issue a recommendation on the proposal and the hearing examiner shall conduct a public hearing to receive evidence relating to the issuance of a substantial development permit or exemption therefrom, a shoreline management conditional use permit and/or a shoreline management variance, if applicable.

(2) The hearing examiner shall conduct the hearing in accordance with the provisions of Chapter 20.10 SMC and shall exercise the powers therein.

(3) The decision of the hearing examiner shall be the decision of the director and shall be the final decision of the City with regard to shoreline management. (Ord. O99-29 § 1)

25.35.070 Permits – Approval or disapproval – Notification – Additional conditions – Limitations.

(1) In granting or extending a permit, the director may attach thereto such conditions, modifications and restrictions regarding the location, character and other features of the proposed development and related development and activity outside of the shoreline as he or she finds necessary to make the permit compatible with the criteria set forth in SMC 25.05.030 and 25.35.010. Such conditions may include requirement to post a performance bond assuring compliance with permit requirements, terms and conditions.

(2) Issuance of a substantial development permit does not constitute approval pursuant to any other federal, state or City laws or regulations. (Ord. O99-29 § 1)

25.35.080 Appeals.

(1) Appeals from the final decision of the City with regard to shoreline management shall be governed solely by the provisions of RCW 90.58.180.

(2) The effective date of City’s decision shall be the date of filing with the Department of Ecology as defined in RCW 90.58.140.

(3) When a hearing and decision has occurred pursuant to SMC 25.35.060 and the examiner’s recommendation with regard to disposition of a proposed development pursuant to SMC Titles 20 and 21A requires City council action, the final decision of the City pursuant to this title shall be effective on the date of filing as defined in RCW 90.58.140 for the purposes of appeal as provided in RCW 90.50.140. However, no development may occur until the Sammamish City council has taken final action on the hearing examiner’s recommendation required by SMC Titles 20 and/or 21A. (Ord. O99-29 § 1)

25.35.090 Rules of director.

The director is authorized to adopt such rules as are necessary and appropriate to implement this chapter. The director may prepare and require the use of such forms as are necessary to its administration. (Ord. O99-29 § 1)

25.35.100 Enforcement.

(1) The director is authorized to enforce the provisions of this title, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of SMC Title 23.

(2) Any person found to have willfully engaged in activities on the shorelines of the state in violation of this title or the Shoreline Management Act of 1971 or in violation of the master program, rules or regulations adopted pursuant thereto is guilty of a gross misdemeanor, and shall be punished by a fine of not less than $25.00 nor more than $1,000, or by imprisonment in the City jail for not more than 90 days, or by both fines and imprisonment; provided, that the fine for the third and all subsequent violations in any five-year period shall be not less than $500.00 nor more than $10,000.

(3) The City attorney shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions of this title or the Shoreline Management Act of 1971 or in conflict with the master program, rules or regulations adopted pursuant thereto, and to otherwise enforce the provisions of this chapter and the Shoreline Management Act of 1971.

(4) Any person subject to the regulatory provisions of this title who violates any provision of this title or the provisions of a permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area, within a reasonable time, to its condition prior to such violation. The City attorney shall bring suit for damages under this subsection on behalf of the City council. Private persons shall have the right to bring suit for damages under this subsection on their own behalf and on behalf of all persons similarly situated. The court on its discretion may award attorney’s fees and costs of the suit to the prevailing party. (Ord. O99-29 § 1)

25.35.110 Shoreline environment redesignation.

(1) Shoreline environments designated by the master program may be redesignated by the City council upon finding that such a redesignation will be consistent with:

(a) The policy of Section 2 of the Shoreline Management Act of 1971;

(b) The goals, objectives and policies of the master program;

(2) Application for redesignation shall be made on forms prescribed by the department.

(3) The fee that shall accompany an application for a shoreline redesignation shall be as set forth by resolution.

(4) Applications for redesignation shall not be accepted by the department if a request for redesignation involving the same designation for substantially the same property has been denied within the last year.

(5) The report and recommendation of the department shall be forwarded to the planning commission for consideration. The planning commission shall consider all relevant public comment and forward a recommendation to the City council for final action. Notice shall be provided in accordance with the procedures of Chapter 20.05 SMC for a Type 4 permit. (Ord. O99-29 § 1)