Chapter 25.08
PERMIT CRITERIA AND ADMINISTRATIVE STANDARDS

Sections:

25.08.010    Permits – General regulations.

25.08.020    Permits – Substantial development.

25.08.030    Permits – Exemptions from a substantial development permit.

25.08.040    Permits – Statements of exemption.

25.08.050    Permits – Shoreline variances.

25.08.060    Permits – Conditional use.

25.08.070    Administration – General standards.

25.08.080    Permit process – Land use decisions.

25.08.090    Permit process – Appeals.

25.08.100    Existing development.

25.08.110    Rules of director.

25.08.120    Enforcement, violations and penalties.

25.08.130    Initiation of development.

25.08.140    Permit revisions.

25.08.010 Permits – General regulations.

(1) To be authorized under this program, all uses and developments shall be planned and carried out in a manner that is consistent with SMC and this program regardless of whether a shoreline substantial development permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required.

(2) The City shall not issue any permit for development within the shoreline jurisdiction until approval has been granted pursuant to this program.

(3) 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 state-issued shoreline variance even if the development or use does not require a substantial development permit (WAC 173-27-170).

(4)  A new use or development that is unlisted or listed as a conditional use pursuant to this program must obtain a conditional use permit even if the development or use does not require a substantial development permit.

(5) 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 City laws or regulations.

(6) The fee(s) that shall accompany an application for a shoreline development (including applications for shoreline substantial development permits, statements of exemption, shoreline variances, or shoreline conditional use permits) shall be determined by the City council.

(7) Those development activities codified in WAC 173-27-044 and 173-27-045 are not required to obtain a shoreline permit and do not require review by the City for compliance with this program. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.020 Permits – Substantial development.

(1) Substantial development as defined by RCW 90.58.030 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 from a substantial development permit per Chapter 90.58 RCW or by Chapter 173-27 WAC.

(2) The director may grant a substantial development permit only when the development proposed is consistent with the policies and procedures of Chapter 90.58 RCW, the provisions of Chapter 173-27 WAC, and this program. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.030 Permits – Exemptions from a substantial development permit.

(1) Uses and developments that are not considered substantial developments pursuant to Chapter 90.58 RCW and Chapter 173-27 WAC shall not require a substantial development permit but shall conform to the policies and regulations of this program (WAC 173-27-040).

(2) If any part of a proposed development is not eligible for exemption as defined in Chapter 90.58 RCW and Chapter 173-27 WAC, then a substantial development permit is required for the entire proposed development project.

(3) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the substantial development permit process.

(4) The burden of proof that a development or use is exempt from a substantial development permit is on the applicant or property owner proposing the use or development action.

(5) The holder of a certification from the Governor pursuant to Chapter 80.50 RCW shall not be required to obtain a substantial development permit under this program. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.040 Permits – Statements of exemption.

(1) The director shall have the authority to require a statement of exemption for any proposed development or use if she/he has cause to believe a substantial question exists as to qualifications of the specific use or development for the exemption or there is a likelihood of adverse impacts to shoreline ecological functions.

(2) No written statement of exemption is required for emergency development pursuant to WAC 173-14-040(1)(d).

(3) In accordance with WAC 173-27-040, statements of exemptions may contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of the program and Act.

(4) A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. In accordance with SMC 21.09.010(B)(1)(a), the director’s decision to deny an exemption is not subject to administrative appeal. See SMC 25.08.090 for the formal appeal process.

(5) Whenever the exempt activity potentially requires a hydraulic project approval from the Washington State Department of Fish and Wildlife (WDFW), a copy of the written statement of exemption shall be sent to the applicant/property owner and WDFW.

(6) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899, or a Section 404 permit under the Federal Water Pollution Control Act of 1972, a copy of the written statement of exemption shall be sent to the applicant/property owner and Department of Ecology pursuant to WAC 173-27-050. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.050 Permits – Shoreline variances.

(1) The director is authorized to grant a shoreline variance from the performance standards of this program only when all of the criteria enumerated in WAC 173-27-170 are met.

(2) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this program would impose unnecessary hardships on the applicant/property owner or thwart the policies set forth in RCW 90.58.020.

(3) Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect.

(4) The burden of proving that a proposed variance meets the criteria in WAC 173-27-170 shall be on the applicant. Absence of such proof shall be grounds for denial of the application.

(5) In the granting of all shoreline variances, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological functions or other users.

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

(7) Variances may not be used to permit a use or development that is specifically prohibited. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.060 Permits – Conditional use.

(1) The director is authorized to issue shoreline conditional use permits only when all the criteria enumerated in WAC 173-27-160 are met.

(2) The burden of proving that a proposed shoreline conditional use meets the criteria in WAC 173-27-160 shall be on the applicant. Absence of such proof shall be grounds for denial of the application.

(3) The director is authorized to impose conditions and standards to enable a proposed shoreline conditional use to satisfy the conditional use criteria. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.070 Administration – General standards.

Unless otherwise stated, this program shall be administered according to the standards and criteria in Chapter 90.58 RCW and Chapter 173-27 WAC. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.080 Permit process – Land use decisions.

Shoreline substantial development permits, statements of exemption, shoreline variances and shoreline conditional use permits shall be subject to all of the applicable requirements of SMC 21.09.010. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.090 Permit process – Appeals.

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

(2) Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/property owner or any aggrieved party pursuant to RCW 90.58.180.

(3) Projects that require conditional use permits or variances shall be mailed by the City simultaneously to the Department of Ecology and the Office of the Attorney General with any substantial development permit for the project.

(4) The effective date of the City’s decision shall be the date of filing with the Department of Ecology as defined in RCW 90.58.140. The Department of Ecology will notify the City and the applicant/property owner of the date of filing by telephone or electronic means followed by written communication. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.100 Existing development.

(1) Existing single-family homes, other structures, existing uses, and appurtenances that were legally established prior to the effective date of this SMP are considered to be conforming to the SMP. Additions, expansion or reconstruction must meet the provisions of the SMP.

(a) Allowed Activities in Critical Areas. The following developments, activities and uses are allowed, provided such activities are otherwise consistent with this program and other applicable regulations. The director may apply conditions to an underlying permit or approval to ensure that the activities are consistent with the provisions of this chapter.

(i) Structural modification of, addition to or replacement of existing legally created structures, except single detached residences in existence before November 27, 1990, which do not meet the building setback or buffer requirements for wetlands, streams, ponds or landslide hazard areas if the modification, addition, replacement or related activity does not increase the existing footprint of the structure lying within the above-described building setback area, critical area or buffer.

(ii) Structural modification of, addition to or replacement of legally created single detached residences in existence before November 27, 1990, which do not meet the building setback or buffer requirements for wetlands, streams, ponds or landslide hazard areas if the modification, addition, replacement or related activity does not increase the existing total footprint of the residence and associated impervious surface lying within the above-described buffer or building setback area by more than 1,000 square feet over that existing before November 27, 1990, and no portion of the modification, addition or replacement is located closer to the critical area. Mitigation of impacts to critical areas or buffers disturbed is required and shall be evaluated to assure no net loss of ecological function.

(iii) Maintenance or repair of structures that do not meet the development standards of this chapter for landslide or seismic hazard areas if the maintenance or repair does not increase the footprint of the structure and there is no increased risk to life or property as a result of the proposed maintenance or repair.

(iv) Conservation, Preservation, Restoration and/or Enhancement.

(A) Conservation and preservation of soil, water, vegetation, fish and other wildlife that does not entail alteration of the location, size, dimensions or functions of an existing critical area or buffer; and

(B) Restoration and enhancement of critical areas or buffers; provided, that actions do not alter the location, dimensions or size of the critical area or buffer; that actions improve and do not reduce the existing quality or functions of the critical areas or buffers; and that actions are implemented according to a restoration or enhancement plan that has been approved by the City of Sammamish.

(C) Existing and ongoing agriculture and grazing of livestock is allowed subject to any limitations established by law, if the agriculture or grazing activity was in existence before November 27, 1990.

(b) Structures Not Meeting Current Regulations Other Than Critical Areas Requirements.

(i) Reconstruction, replacement, or expansion of the exterior footprint of an existing, legally established structure not meeting current regulations is allowed; provided, that the addition or reconstruction does not increase the noncompliance to current regulations.

(ii) Replacement may be allowed in a different location not meeting current regulations if a determination is made by the City that the new location results in less impact to shoreline functions than replacement in the existing footprint.

(iii) Existing structures that were legally established but which are not meeting current regulations with regard to the setback, area, bulk, height or density standards established by this program may be maintained, reconstructed, or repaired; provided, that the maintenance/reconstruction/repair does not increase the extent of noncompliance with current regulations by encroaching upon or extending into the building setback area or shoreline setback or other area where new construction or use would not be allowed.

(iv) If a structure not meeting current regulations is damaged by fire, explosion, or other casualty and/or natural disaster, it may be reconstructed to match the footprint that existed immediately prior to the time the damage occurred or in accordance with subsection (1)(b) of this section; provided, that all of the following criteria are met:

(A) The owner(s) submit a complete application within 24 months of the date the damage occurred; and

(B) All permits are issued within two years of initial submittal of the complete application, and the restoration is completed within two years of permit issuance. This period may be extended for one additional year by the director if the applicant has submitted the applications necessary to establish the use or activity and has provided written justification for the extension; and

(C) If a structure not meeting current regulations is damaged by fire, explosion, or other casualty and/or natural disaster and these criteria are not met, the City may require the applicant to plant the vegetation enhancement area with native trees and shrubs in accordance with SMC 25.06.020.

(v) A structure not meeting current regulations that is moved outside the existing footprint must be brought into conformance with this program and Chapter 90.58 RCW, except as allowed by subsection (1)(b) of this section.

(vi) Allowances. The following developments, activities and uses are allowed, provided such activities are otherwise consistent with this program and other applicable regulations and law. The director may apply conditions to an underlying permit or approval to ensure that the activities are consistent with the provisions of the program.

(A) Structural modification of, addition to or replacement of existing legally created structures, except single detached residences, in existence before the effective date of the program, which do not meet the current shoreline setback or building setback requirements if the modification, addition, replacement or related activity does not increase the existing footprint of the structure lying within the above-described shoreline setback or building setback area.

(B) Structural modification of, or replacement of legally created single detached residences in existence before the effective date of the program, that do not meet the current shoreline setback or building setback, if:

(1) The modification, addition, replacement or related activity does not increase the existing total footprint of the residence and associated impervious surface lying within the shoreline or building setback area more than 200 feet over that existing before the effective date of the program; and

(2) No portion of the modification, addition or replacement is located closer to the OHWM. This allowance may only be used once.

(3) Mitigation proportional (1:1) to the setback area impacted is required through planting of the VEA in accordance with the standards of this program.

(C) Structural modification of, or replacement of legally created single detached residences in existence before the effective date of the program, which do not meet the current shoreline setback or building setback, if:

(1) The footprint expansion extends landward (to the rear) from the existing structure footprint and maintains the same interior lot line setback distances up to the shoreline setback line (known as the “shadow” of the existing structure).

(2) Mitigation proportional (1:1) to the setback area impacted is required through planting of the VEA in accordance with the standards of this program. If the area impacted is over 500 square feet, the entire 15-foot VEA shall be vegetated with the exception of the allowed active use area.

(2) Nonconforming Lots. An undeveloped lot, tract, parcel, site, or division of land located landward of the OHWM that was legally established prior to the effective date of this program, but which does not conform to the present lot size standards, may be developed subject to conformance to other applicable requirements of this program.

(3) Nonconforming Uses.

(a) Uses that were legally established prior to the adoption or amendment of this program and are nonconforming with regard to the use regulations of this program may continue as legal nonconforming uses.

(b) An existing use designated as a conditional use that lawfully existed prior to the adoption or amendment of this program and which has not obtained a conditional use permit shall be considered a legal nonconforming use and may be continued subject to the provisions of this section without obtaining a conditional use permit.

(c)  If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming unless in compliance with this program. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.110 Rules of director.

The director is authorized to adopt administrative rules as are necessary and appropriate to implement this program. The director may prepare and require the use of such forms as are necessary to its administration. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.120 Enforcement, violations and penalties.

The director is authorized to enforce the provisions of this program, including any rules and regulations promulgated thereunder, pursuant to the enforcement and penalty provisions of Chapter 173-27 WAC. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.130 Initiation of development.

Development pursuant to a shoreline substantial development permit, shoreline variance, or shoreline conditional use shall not begin and shall not be authorized until 21 days after the date of filing or until all appeal proceedings before the Shoreline Hearings Board have terminated. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))

25.08.140 Permit revisions.

(1) A permit revision is required whenever the applicant/property owner proposes substantive changes to the design, terms or conditions of a use or development from those as approved in the existing and approved 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 existing and approved permit, this program or the Act. Changes that are not substantive in effect do not require a permit revision.

(2) 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. (Ord. O2019-493 § 1 (Att. 1); Ord. O2011-308 § 1 (Att. A))