Chapter 20.72
QUASI-JUDICIAL APPROVALS

Sections:

20.72.010    Nonadministrative special use permit/conditional use permit.

20.72.020    Historical use permit.

20.72.030    Nonadministrative variance.

20.72.040    Site plan review.

20.72.050    Reclassification of zoning.

20.72.060    Reasonable use exception.

20.72.070    Public agency and utility critical areas exception.

20.72.080    Level 2 tailored construction mitigation plan.

20.72.090    Nonadministrative right-of-way tree activity permit.

20.72.100    Nonadministrative tree activity permit.

20.72.110    Substantial development permit.

20.72.120    Shoreline conditional use permit.

20.72.130    Shoreline variance.

20.72.010 Nonadministrative special use permit/conditional use permit.

A. Purpose. The purpose of nonadministrative special use and conditional use permits is to allow certain uses which, by their nature, can have an undue impact upon other uses of land within the zoning district, subject to the controls, limitations and regulations of a nonadministrative special use permit/conditional use permit.

B. Applicant. Any owner may submit an application for a nonadministrative special use permit or conditional use permit.

C. Procedures. Nonadministrative special use permit/conditional use permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. Uses and activities listed or referenced as requiring a nonadministrative special use or a conditional use permit.

E. Criteria for Approval. The decision authority may approve a nonadministrative special use permit or nonadministrative conditional use permit only if the following criteria are satisfied:

1. The use complies with the adopted goals and policies set forth in the comprehensive plan;

2. The use is designed to minimize detrimental effects on neighboring properties;

3. The use satisfies all requirements specified for the use;

4. The use complies with all applicable zoning and development standards and requirements; and

5. The use will have no materially detrimental effects on neighboring properties due to excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties.

F. Conditions of Approval. The decision authority may impose reasonable conditions as necessary to safeguard the public health, general welfare and safety.

G. Lapse of Approval.

1. An approved nonadministrative special use permit shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and

2. Expiration of the nonadministrative special use permit is automatic and notice is not required; and

3. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 900 § 5 (Att. B), 2013)

20.72.020 Historical use permit.

A. The purpose of historical use permits is to serve as a mechanism for reestablishing a use on a property where that use had historically existed at one time on the property, but subsequently the rights to the use had ceased.

B. Applicant. Any owner may submit an application for a historical use permit.

C. Procedures. Historical use permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. Uses identified as a historical use requiring authorization to reestablish the use pursuant to Chapter 20.33 MMC.

E. Deviations to Zoning Regulations Authorized. Where unnecessary hardships or practical difficulties are created for the historical use by application of specific zoning regulations, deviations from the specific zoning regulation may be granted under the approval of a historical use permit.

F. Criteria for Approval. The decision authority may approve a historical use permit only if the following criteria are satisfied:

1. The applicant demonstrates that the use was an established use on the date the city incorporated;

2. The use will not have materially detrimental effects on neighboring properties due to excessive noise, lighting or other interference with the peaceful use and possession of said neighboring properties;

3. The use has been designed to minimize adverse effects on neighboring properties, taking into account the historical use of the property; and

4. If a deviation pursuant to subsection (E) of this section is requested, approval of the deviation must relate to the use of the land or to structures containing the historical use.

G. Conditions of Approval. The decision authority may impose reasonable conditions as necessary to safeguard the public health, general welfare and safety.

H. Lapse of Approval.

1. An approved historical use permit shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and

2. Expiration of the historical use permit is automatic and notice is not required; and

3. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 900 § 5 (Att. B), 2013)

20.72.030 Nonadministrative variance.

A. Purpose. The purpose for a nonadministrative variance is to provide property owners relief from certain provisions of this title where conditions justify such relief on a case-by-case basis.

B. Applicant. Any owner may submit an application for a nonadministrative variance.

C. Procedures. Nonadministrative variances are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. Circumstances where relief from a dimensional standard is sought subject to the limitation set forth in subsection (E) of this section.

E. Limitations.

1. Nonadministrative variances may be granted where the application of a dimensional standard would result in an unusual or unreasonable hardship due to physical characteristics of the site;

2. Evidence of other variances granted under similar circumstances shall not be considered in the granting of a nonadministrative variance; and

3. No variance shall be granted for any of the following:

a. To alter any definition or interpretation of this title;

b. To alter any provision establishing a use within a zoning district; or

c. To alter any procedural provisions.

F. Criteria for Approval. The decision authority may approve a nonadministrative variance only if the following criteria are satisfied:

1. The variance does not constitute a granting of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; and

2. The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

3. The variance is necessary to relieve a material hardship that cannot be relieved by any other means such that the material hardship must relate to the land itself and not to problems personal to the applicant; and

4. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

5. The variance is the minimum necessary to provide reasonable relief.

G. Conditions of Approval. The decision authority may attach reasonable conditions to safeguard the public health, general welfare and safety.

H. Lapse of Approval.

1. An approved nonadministrative variance shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and

2. Expiration of the nonadministrative variance is automatic and notice is not required; and

3. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 900 § 5 (Att. B), 2013)

20.72.040 Site plan review.

A. Purpose. The purpose of site plan review is to:

1. Encourage better site planning to help ensure certain new development enhances the character of the city and sensitively fits into the neighborhood;

2. To protect the desirable aspects of natural landscape features of the city by minimizing undesirable impacts on the physical environment by proposed new development;

3. Improve communication and mutual understanding early and throughout the review process among developers, neighborhoods, and the city; and

4. Create a mechanism for addressing neighborhood impacts by the layout of the site without unreasonably interfering with an applicant’s architectural goals; and

5. Be mindful of an applicant’s reasonable expectation of privacy and/or security of their property.

6. It is not the intent of site plan review to regulate the architectural style or massing of a proposed home.

B. Applicant. Any owner may submit an application for site plan review.

C. Procedures.

1. Site plan reviews are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC;

2. Revisions to an approved site plan review are as follows:

a. Minor revisions consistent with the scope of work already approved in the site plan review may be approved by the director as a Type 1 decision; or

b. All other revisions shall be processed as follows:

i. The city issues notice consistent with a notice of application set forth in MMC 20.80.110, including sending notice to all previous parties of record of the original site plan review;

ii. If no written objections to the revision are received during the public comment period, the director may decide the revision as a Type 2 decision;

iii. If written objections to the revision are received during the public comment period, the revision shall be processed as a Type 3 decision, subject to the same process requirements for a site plan review set forth in MMC 20.80.060(C), except a new notice of application is not required.

D. Applicability.

1. The requirements for site plan review set forth in this section shall apply if one or more of the following conditions are present:

a. Construction of a new building, or expansion or alteration of an existing building where the lot area of the building site is 80,000 square feet;

b. Construction of a new building, or expansion or alteration of an existing building where the lot area of the building site is at least 40,000 square feet and the lot area is at least 50 percent larger than the average lot area of all residentially developed lots touching the property;

c. Construction of a new building, or expansion or alteration of an existing building where the lot area of the building site is at least 40,000 square feet and the lot area is at least twice the size of the lot area of the smallest residentially developed lot touching the subject site; or

d. Construction of a new building, or expansion or alternation of existing building where the lot area of the building site is less than 16,000 square feet and the property owner requests departure from setbacks, excluding shoreline setbacks, to preserve significant trees on the property 24 inches diameter breast height and larger in size.

2. In no case shall the following types of development require site plan review under this section:

a. Interior remodels that do not conflict with a previously approved site plan or modify the existing layout of the building site;

b. Modifications to the exterior facade of an existing building that do not:

i. Conflict with a previously approved site plan;

ii. Modify the existing layout of the building site; or

iii. Increase the exterior bulk of the building from the perspective of the adjacent lots;

c. Building additions that do not enlarge the building footprint by more than a total of 200 square feet during any five-consecutive-year time period;

d. Reconstruction of an existing building within its existing surface area footprint;

e. Construction of new buildings with a gross floor area of 1,000 square feet or less and that are set back at least 50 feet from the following:

i. Property lines that adjoin residentially developed properties; and

ii. Property lines that are only separated from a residentially developed property by a city right-of-way.

3. The director may waive the requirement for a site plan review if all of the following are present:

a. The building site is constrained by the existence of critical areas or topography in a manner that the director determines a site plan review will have limited to no benefits; and

b. The city issues notice consistent with the requirements set forth for a notice of application in MMC 20.80.110 alerting recipients of the proposed project and the matter of the applicability of site plan review to the proposed project; and

c. No written objection to waiving the requirement for site plan review is received during the public comment period.

E. Departures from Development Regulations Authorized. Departures from certain development requirements may be permitted provided the following are satisfied:

1. The departure is for the purpose of minimizing an undesirable impact that cannot be better achieved by a strict application of the code;

2. The departure meets the site plan review purpose statements set forth in subsection (A) of this section;

3. The departure increases the project’s conformance with the approval criteria set forth in subsection (H) of this section;

4. Approval of departures under site plan review is limited to the following standards, except where site plan review is requested under subsection (D)(1)(d) of this section, departures shall be limited to subsections (E)(4)(a) and (d) of this section:

a. Minimum setbacks, excluding shoreline setbacks;

b. Maximum structural coverage, including bonus structural coverage;

c. Maximum building and structure height;

d. On-site parking spaces; and

e. Fence and wall development standards.

F. Limitations.

1. In considering site plan review, the scope of the review is intended to evaluate the placement of primary site features and reduce negative impacts to adjacent properties. This may require setback distances from property lines greater than the zoning requirements. Primary features include, but are not limited to, all buildings, driveways, decks, patios, and landscaping.

2. Site plan review shall not include changes in the shape of a building footprint unless unique circumstances exist caused by the configuration of the subject lot and/or adjoining lots. In the case of unique circumstances, changes to the shape of the building footprint may only be required if the criteria in subsections (H)(3)(a) and (b) of this section cannot be met solely by moving the placement of a building.

G. Additional Application Submittal Requirements. In addition to the submittal requirements set forth in MMC 20.80.080, the applicant shall provide the following with a site plan review application:

1. A site analysis addressing site opportunities and constraints, the use of all adjacent buildings, and the zoning of the site and adjacent properties;

2. A site plan drawing showing topography of the site and the location of structures and prominent landscape elements on or abutting the site (including but not limited to all trees that are at least 24 inches diameter breast height, with species indicated);

3. Preliminary building floor plans;

4. Photos showing the facades of adjacent development, trees on the site, general streetscape character and territorial or other views from the site, if any;

5. A graphical depiction of the property’s zoning envelope – the three-dimensional space confined by the maximum building height and all applicable setback requirements from the zoning code;

6. A description of the proponent’s objectives with regard to site development;

7. Architectural renderings of the proposed primary residence from the perspective of each home on an abutting property coupled with photographs of existing conditions supporting these same perspectives.

H. Criteria for Approval. The decision authority may approve a site plan review only if the following criteria are satisfied (see Figure 20.72.040):

1. Placement of the proposed development on the property minimizes the visibility of buildings from the perspective of the adjacent lots;

2. Placement of the proposed development does not create significant privacy impacts for adjacent property owners;

3. The existing landscape is preserved consistent with the following:

a. The natural topography of the building site is not substantially altered;

b. Existing trees 24 inches in diameter breast height and larger and other natural landscaping on the property are preserved to a reasonable extent;

4. If applicable, site placement measures are incorporated to accommodate large gatherings and mitigate impacts including, but not limited to, traffic, parking, noise, and exterior lighting on the neighborhood;

5. If applicable, measures to accommodate people such as domestic employees and groundskeepers and mitigate impacts including, but not limited to, traffic, parking, and noise; and

6. Comply with all other applicable development requirements.

Figure 20.72.040: Example of Using Site Plan Review to Place a New Home

I. Conditions of Approval. The decision authority may attach reasonable conditions and/or may modify the site plan that are determined necessary to safeguard the public health, welfare and safety (e.g., additional screening, buffering measures, building location and orientation, modified setbacks, paving, landscaping, vegetation removal, areas of grading, etc.).

J. Lapse of Approval.

1. An approved site plan review shall expire two years after the later of the date the site plan review was approved or the date a decision on an appeal becomes final, unless a complete building permit application is submitted prior to the later of the two dates specified herein; and

2. Expiration of the site plan review is automatic and notice is not required; and

3. The director may grant extensions if:

a. The applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension;

b. The director determines there have been no significant changes to any aspect of the project setting that was the basis of the site plan review approval. (Ord. 923 § 36, 2015; Ord. 900 § 5 (Att. B), 2013)

20.72.050 Reclassification of zoning.

A. Purpose. This section establishes a mechanism for site-specific reclassification of property or properties from one zoning district to another zoning district. The new zone must be consistent with the comprehensive plan and approval of such requests results in a change to the official Medina zoning map.

B. Applicant. Any owner may submit an application for a site-specific rezone.

C. Applicability. This section applies to amendments of the official Medina zoning map that are site-specific in nature and not involving an area-wide zoning map amendment as prescribed in Chapter 20.82 MMC.

D. Procedures. Applications for a site-specific rezone are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC and the following:

1. The planning commission holds an open-record public hearing and makes a recommendation in writing to the city council;

2. The planning commission shall issue its written recommendation within 45 calendar days of the closing of the open-record hearing;

3. The planning commission’s written recommendation shall include the following:

a. Statement of the facts presented that supports the recommendation;

b. A statement of the conclusions reached based on those facts;

c. Any conditions or restrictions that are recommended to be placed upon the rezone; and

d. The date of issuance of the recommendation;

4. The city council shall consider the planning commission’s written recommendation no later than their next regularly scheduled meeting after the planning commission issues their recommendation;

5. The city council shall decide the site-specific rezone application at a closed-record meeting;

6. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as reasonably necessary to allow the city council to deliberate on the planning commission’s recommendation at a regularly scheduled meeting.

E. Limitations. If a comprehensive plan amendment is required in order to satisfy subsection (F)(1) of this section, approval of the comprehensive plan amendment is required prior to or concurrently with the granting of an approval on the rezone.

F. Approval Criteria. The city council may approve a site-specific rezone only if the following criteria are satisfied:

1. The rezone is consistent with the comprehensive plan, or will be consistent with the comprehensive plan if a comprehensive plan amendment is proposed to be approved concurrently with the rezone approval;

2. The rezone bears a substantial relationship to the public health, general welfare and safety;

3. The rezone is appropriate because:

a. The rezone will not result in a reclassification to a zoning district where the lot area of the subject property is greater than 120 percent of the required minimum lot area of the new zoning district (e.g., a 20,000-square-foot R-20 zoned lot could be rezoned to R-30 (67 percent of the minimum 30,000 square feet lot size), but not to R-16 (125 percent of the minimum 16,000 square feet lot size)); or

b. The rezone will correct a zone classification or zone boundary that was inappropriate when established; and

4. The rezone is not a spot rezone. (Ord. 900 § 5 (Att. B), 2013)

20.72.060 Reasonable use exception.

A. Purpose. The purpose for a reasonable use exception is to permit development of a site only when application of Chapter 20.50 MMC (Critical Areas) would deny all reasonable uses of a site.

B. Applicant. Any owner may submit an application for a reasonable use exception.

C. Procedures. Reasonable use exceptions are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply where applying the critical areas regulations set forth in Chapter 20.50 MMC would deny all reasonable use of the subject property.

E. Additional Application Submittal Requirements. In addition to the submittal requirements set forth in MMC 20.80.080, the applicant shall provide the following with a reasonable use exception application:

1. Critical area report consistent with the requirements of MMC 20.50.070;

2. Mitigation plan consistent with the requirements in Chapter 20.50 MMC, if necessary;

3. Applications/approvals from other agencies, as applicable;

4. Special studies prepared to support the reasonable use exception; and

5. SEPA documents.

F. Criteria for Approval. The decision authority may approve a reasonable use exception only if the following criteria are satisfied:

1. The application of the critical areas regulations would deny all reasonable use of the property;

2. The proposed development does not pose an unreasonable threat to the public health, general welfare, or safety on or off the site, nor does it damage nearby public or private property;

3. Any alteration of the critical area and/or buffer is the minimum necessary to allow for reasonable use of the property;

4. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant or their predecessors;

5. Any impacts permitted to the critical area and/or buffer are mitigated in accordance with MMC 20.50.060(B) and (D) to the greatest extent feasible;

6. The proposed development protects critical areas and/or buffer functions and values consistent with the best available science;

7. The proposed development is consistent with other applicable regulations and requirements.

G. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. (Ord. 900 § 5 (Att. B), 2013)

20.72.070 Public agency and utility critical areas exception.

A. Purpose. The purpose of a public agency and utility critical areas exception is to allow development within a critical area by a public agency or public utility, which would otherwise be prohibited by the critical areas regulations.

B. Applicant. An owner, or a federal, state or local agency, or a public utility, or their authorized agents who has written authorization to act on their behalf may submit an application for a public agency and utility critical areas exception.

C. Procedures. Public agency and utility critical areas exceptions are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply where applying the critical areas regulations set forth in Chapter 20.50 MMC would deny development by a public agency or public utility.

E. Additional Application Submittal Requirements. In addition to the submittal requirements set forth in MMC 20.80.080, the applicant shall provide the following with a public agency and utility critical areas exception application:

1. Critical area report consistent with the requirements in MMC 20.50.070;

2. Mitigation plan consistent with the requirements in Chapter 20.50 MMC, if necessary;

3. Applications/approvals from other agencies, as applicable;

4. Special studies prepared to support the reasonable use exception; and

5. SEPA documents.

F. Criteria for Approval. The decision authority may approve a public agency and utility critical areas exception only if the following criteria are satisfied:

1. There is no other practical alternative to the proposed development with less impact on critical areas and/or buffers;

2. The application of the critical areas regulations would unreasonably restrict the ability to provide utility services to the public; and

3. The proposal meets the following conditions:

a. It minimizes the impact on critical areas and/or buffers in accordance with MMC 20.50.060(C);

b. It does not pose an unreasonable threat to the public health, general welfare or safety on or off the site, nor does it damage nearby public or private property;

c. Any impacts permitted to the critical area and/or buffer are mitigated in accordance with MMC 20.50.060(B) and (D) to the greatest extent feasible;

d. The proposal protects critical areas and/or buffer functions and values consistent with the best available science; and

e. It is consistent with other applicable regulations and requirements.

G. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. (Ord. 900 § 5 (Att. B), 2013)

20.72.080 Level 2 tailored construction mitigation plan.

A. Purpose. The purpose of a Level 2 tailored construction mitigation plan is to mitigate the adverse effects on adjacent properties and public streets caused by major construction projects.

B. Applicant. Any owner may submit an application for a Level 2 tailored construction mitigation plan.

C. Procedures.

1. Level 2 tailored construction mitigation plans are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC; and

2. Before the city issues permits authorizing grading, demolition or construction activity, the property owners, designated agent, and contractor shall sign the Level 2 tailored construction mitigation plan.

D. Applicability. This section applies to where a Level 2 tailored construction mitigation plan is required pursuant to the criteria in Chapter 15.20 MMC.

E. Limitations. The Level 2 tailored construction mitigation plan is a construction mitigation plan consisting of both city-developed and applicant-proposed measures for reducing construction impacts on neighboring properties and streets. The measures set forth in a Level 2 tailored construction mitigation plan are binding on all of the signatories required in subsection (C)(2) of this section.

F. Criteria for Approval. The evaluation criteria set forth in MMC 15.20.040 shall serve as the criteria for approving a Level 2 tailored construction mitigation plan.

G. Conditions of Approval. The decision authority may attach such mitigation measures as necessary to protect the public health, safety and general welfare from the impacts of construction activity.

H. Lapse of Approval. A Level 2 tailored construction mitigation plan shall remain in effect until such time all construction permits associated with the construction mitigation plan expire. (Ord. 900 § 5 (Att. B), 2013)

20.72.090 Nonadministrative right-of-way tree activity permit.

A. Purpose. The purpose of a nonadministrative right-of-way tree activity permit is to authorize removal or pruning of trees and vegetative cover in the city right-of-way consistent with the Medina tree code.

B. Applicant. Any owner, or any public or private agencies with authority to operate within the city right-of-way or their authorized agents who have written authorization to act on their behalf, may submit an application for a nonadministrative right-of-way tree activity permit.

C. Procedures. Nonadministrative right-of-way tree activity permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply to the pruning and removal of city trees as set forth in MMC 20.52.310(D).

E. Criteria for Approval. The decision authority may approve a nonadministrative right-of-way tree activity permit only if the following criteria are satisfied:

1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan;

2. The proposal is consistent with the public interest in maintaining an attractive and safe environment;

3. The tree trimming, pruning or removal will have no materially detrimental effects on nearby properties;

4. Removal of a city tree is permitted pursuant to MMC 20.52.400(D);

5. Tree mitigation is provided in accordance with MMC 20.52.400(E) for removed trees;

6. Tree trimming or pruning is done in accordance with the following:

a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the area, unless supported by ANSI Standard A300;

b. The trimming or pruning does not adversely affect adjoining and nearby properties regarding erosion control, noise control, shade, or other existing landscaping within the unimproved areas of the right-of-way; and

c. The trimming or pruning complies with ANSI Standard A300 and does not cause unnecessary mutilation or damage to the tree.

7. All other requirements set forth in MMC 20.52.400 are satisfied.

F. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

G. Lapse of Approval.

1. A nonadministrative right-of-way tree activity permit shall expire within 18 months from the later date of the decision being issued or an appeal becoming final;

2. Expiration of the nonadministrative right-of-way tree activity permit is automatic and notice is not required; and

3. No extension of the time period for the permit is allowed. (Ord. 923 § 37, 2015; Ord. 909 § 19, 2014; Ord. 900 § 5 (Att. B), 2013)

20.72.100 Nonadministrative tree activity permit.

A. Purpose. The purpose of a nonadministrative tree activity permit is to authorize removal of large significant trees consistent with the Medina tree code.

B. Applicant. Any owner may submit an application for a nonadministrative tree removal permit.

C. Procedures. Nonadministrative tree removal permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply to removal of trees as set forth in MMC 20.52.310(D), excluding trees rated as hazard pursuant to MMC 20.52.200.

E. Criteria for Approval. The decision authority may approve a nonadministrative tree activity permit only if the following criteria are satisfied:

1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan;

2. The proposal is consistent with the public interest in maintaining an attractive and safe environment;

3. The tree removal will have no materially detrimental effects on nearby properties;

4. The tree has not been granted special protection pursuant to MMC 20.52.120;

5. All requirements set forth in Chapter 20.52 MMC are satisfied;

6. All other ordinances, regulations and policies applicable to tree removal are followed.

F. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

G. Lapse of Approval.

1. A nonadministrative tree activity permit shall expire after 18 months from the later date of the decision being issued or an appeal becoming final;

2. Expiration of the nonadministrative tree activity permit is automatic and notice is not required; and

3. No extension of the time period for the permit is allowed. (Ord. 923 § 38, 2015; Ord. 909 § 20, 2014; Ord. 900 § 5 (Att. B), 2013)

20.72.110 Substantial development permit.

A. Purpose. The purpose of a substantial development permit is to regulate development and uses of water bodies and associated upland areas consistent with the Medina shoreline master program.

B. Applicant. Any owner may submit an application for a substantial development permit.

C. Procedures. Substantial development permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply to activities and uses defined as development pursuant to RCW 90.58.030(3)(a) and located within the shoreline jurisdiction as defined by the Shoreline Management Act, provided:

1. The development does not qualify for an exemption as set forth in MMC 20.70.040;

2. The development does not qualify for an administrative substantial development permit as set forth in MMC 20.71.060.

E. Additional Submittal Requirements. In addition to the requirements set forth in MMC 20.80.080, an application for a substantial development permit shall include the following:

1. A site plan containing the following:

a. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

b. Identification of the shoreline water body;

c. A general description of the property as it now exists, including physical characteristics and improvements and structures;

d. A general description of the vicinity of the proposed project, including identification of adjacent uses, structures and improvements, intensity of development and physical characteristics;

e. Identification of the ordinary high water mark:

i. This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan;

ii. Where the ordinary high water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline;

f. Existing and proposed land contours with minimum two-foot elevation intervals;

g. A general description of the character of vegetation found on the site;

h. The dimensions and locations of all existing and proposed structures and improvements;

2. A landscaping and/or restoration plan, as applicable;

3. Mitigation measures, as applicable;

4. Quantity, source and composition of all fill material that is placed on the site whether temporary or permanent;

5. Quantity, composition and destination of all excavated and/or dredged material; and

6. Additional submittal information set forth in the Medina shoreline master program for the use.

F. Criteria for Approval. The decision authority may approve a substantial development permit only if the following criteria are satisfied:

1. The proposed development is consistent with the policy and provisions of the State Shoreline Management Act of 1971 (Chapter 90.58 RCW);

2. The proposed development is consistent with the State Shoreline Management Permit and Enforcement Procedures (Chapter 173-27 WAC); and

3. The proposed development is consistent with the provisions of the Medina shoreline master program.

G. Conditions of Approval. The decision authority may attach such conditions as to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Medina shoreline master program.

H. Revisions to Permit. Revisions to a substantial development permit shall be consistent with WAC 173-27-100.

I. Lapse of Approval. Substantial development permit shall expire as set forth in WAC 173-27-090 and amendments thereto. (Ord. 900 § 5 (Att. B), 2013)

20.72.120 Shoreline conditional use permit.

A. Purpose. The purpose of a shoreline conditional use permit is to provide a system within the Medina shoreline master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020.

B. Applicant. Any owner may submit an application for a shoreline conditional use permit.

C. Procedures.

1. Shoreline conditional use permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC; and

2. Shoreline conditional use permits approved by the city are transmitted to the Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval with conditions, or denial.

D. Applicability. The following may be permitted if a shoreline conditional use permit is approved:

1. Uses listed as a conditional use in the Medina shoreline master program; or

2. Uses which are not classified or specifically prohibited in the Medina shoreline master program provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the Medina shoreline master program.

E. Additional Submittal Requirements. In addition to the requirements set forth in MMC 20.80.080, an application for a shoreline conditional use permit shall include the following:

1. The site plan shall include:

a. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

b. Identification of the shoreline water body;

c. A general description of the property as it now exists, including physical characteristics and improvements and structures;

d. A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;

e. Identification of the ordinary high water mark:

i. This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the mark’s location as indicated on the plans shall be included in the development plan;

ii. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline;

f. Existing and proposed land contours with minimum two-foot elevation intervals;

g. A general description of the character of vegetation found on the site;

h. The dimensions and locations of all existing and proposed structures and improvements;

2. A landscaping and/or restoration plan, as applicable;

3. Mitigation measures, as applicable;

4. Quantity, source and composition of all fill material that is placed on the site, whether temporary or permanent;

5. Quantity, composition and destination of all excavated and/or dredged material; and

6. Additional submittal information set forth in the Medina shoreline master program for the use.

F. Criteria for Approval. The decision authority may approve a shoreline conditional use permit only if the following criteria are satisfied:

1. That the proposed use is consistent with the policies set forth in RCW 90.58.020 and the Medina shoreline master program;

2. That the proposed use will not interfere with the 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 plan and Medina shoreline master program;

4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

5. That the public interest suffers no substantial detrimental effect.

In the granting of a shoreline conditional use permit, consideration shall be given to the cumulative impact of additional requests for like actions in the area.

G. Conditions of Approval. The decision authority and the Washington State Department of Ecology may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Medina shoreline master program.

H. Revisions to Permit. Revisions to a shoreline conditional use permit shall be consistent with WAC 173-27-100 and amendments thereto.

I. Lapse of Approval. A shoreline conditional use permit shall expire as set forth in WAC 173-27-090. (Ord. 900 § 5 (Att. B), 2013)

20.72.130 Shoreline variance.

A. Purpose. The purpose for a shoreline variance is to provide a mechanism strictly limited to granting relief where there are extraordinary circumstances relating to the physical character or configuration of property.

B. Applicant. Any owner may submit an application for a shoreline variance.

C. Procedures.

1. Shoreline variances are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC; and

2. Shoreline variances approved by the city are transmitted to the Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval with conditions, or denial.

D. Applicability. Shoreline variances may be granted for relief from specific bulk dimensional or performance standards set forth in the Medina shoreline master program where the requirement of such will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020 and the Medina shoreline master program.

E. Additional Submittal Requirements. In addition to the requirements set forth in MMC 20.80.080, an application for a shoreline variance shall include the following:

1. The site plan shall include:

a. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

b. Identification of the shoreline water body;

c. A general description of the property as it now exists, including physical characteristics and improvements and structures;

d. A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;

e. Identification of the ordinary high water mark:

i. This may be an approximate location provided that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the mark’s location as indicated on the plans shall be included in the development plan;

ii. Where the ordinary high water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline;

f. Existing and proposed land contours with minimum two-foot elevation intervals;

g. A general description of the character of vegetation found on the site;

h. The dimensions and locations of all existing and proposed structures and improvements;

2. A landscaping and/or restoration plan, as applicable;

3. Mitigation measures, as applicable;

4. Quantity, source and composition of all fill material that is placed on the site, whether temporary or permanent;

5. Quantity, composition and destination of all excavated or dredged material; and

6. A site plan that clearly indicates where development may occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses.

F. Criteria for Approval. The decision authority may approve a shoreline variance only if the following criteria are satisfied:

1. Where the variance is for development landward of the ordinary high water mark the following approval criteria shall apply:

a. That the strict application of the bulk, dimensional or performance standards set forth in the Medina shoreline master program precludes, or significantly interferes with, reasonable use of the property;

b. That the hardship described in subsection (F)(1)(a) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

c. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and Medina shoreline master program and will not cause adverse impacts to the shoreline environment;

d. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

e. That the variance requested is the minimum necessary to afford relief; and

f. That the public interest will suffer no substantial detrimental effect.

2. Where the variance is for development waterward of the ordinary high water mark the following approval criteria shall apply:

a. That the strict application of the bulk, dimensional or performance standards set forth in the Medina shoreline master program precludes all reasonable use of the property;

b. That the hardship described in subsection (F)(2)(a) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

c. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and Medina shoreline master program and will not cause adverse impacts to the shoreline environment;

d. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

e. That the variance requested is the minimum necessary to afford relief;

f. That the public interest will suffer no substantial detrimental effect; and

g. That the public rights of navigation and use of the shorelines will not be adversely affected.

3. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area.

G. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Medina shoreline master program.

H. Revisions to Permit. Revisions to a shoreline conditional use permit shall be consistent with WAC 173-27-100.

I. Lapse of Approval. A shoreline variance shall expire as set forth in WAC 173-27-090. (Ord. 900 § 5 (Att. B), 2013)