40.460.270 Shoreline Conditional Use Permit

A.    The purpose of the conditional use permit is to provide greater flexibility in varying the application of the use regulations of this Program in a manner that will be consistent with the policies of the Act and this Program, particularly where denial of the application would thwart the policies of the Act.

B.    When a conditional use is requested, the Shoreline Administrator shall be the final approval authority for the county. However, shoreline conditional uses must have approval from Ecology, which shall have final approval authority under WAC 173-27-200.

C.    Conditional use permits shall be authorized only when they are consistent with the following criteria:

1.    The proposed use is consistent with the policies of RCW 90.58.020, WAC 173-27-160 and all provisions of this Program;

2.    The use will not interfere with normal public use of public shorelines;

3.    That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Growth Management Plan and this Program;

4.    The public interest will suffer no substantial detrimental effect; and

5.    Consideration has been given to cumulative impact of additional requests for like actions in the area.

D.    Uses specifically prohibited by this Program may not be authorized.

E.    Other uses not specifically identified in this Program are considered “unclassified uses” and may be authorized through a conditional use permit if the applicant can demonstrate that the proposed use is consistent with the purpose of the shoreline designation and compatible with existing shoreline improvements.

F.    The burden of proving that a proposed shoreline conditional use meets the criteria of this Program and WAC 173-27-160 shall be on the applicant. Absence of such proof shall be grounds for denial of the application.

G.    The County is authorized to impose conditions and standards to enable a proposed shoreline conditional use to satisfy the conditional use criteria.

(Added: Ord. 2012-07-16)