Chapter 20.20
REVIEW AND HEARINGS

Sections:

20.20.010    Hearing required.

20.20.020    Granting or denial of a permit.

20.20.030    Conditional use permit.

20.20.040    Variance permit.

20.20.050    Notification of action.

20.20.060    Appeals.

20.20.010 Hearing required.

The hearing examiner shall hold a public hearing for all applications for permits under this title. (Ord. 2007-02 (part): Ord. 1980-02 § 7.10)

20.20.020 Granting or denial of a permit.

A. At the public hearing scheduled for consideration of a permit by the hearing examiner, the hearing examiner shall, after considering all relevant information available and evidence presented to it, grant a substantial development permit only when the development proposed is consistent with:

1. The policies and procedures of the Act;

2. The provisions of Chapter 173-14 WAC; and

3. The master program.

B. In granting or extending a permit, the hearing examiner may attach thereto such conditions, modifications and restrictions regarding the location, character and other features of the proposed development as it finds necessary. Such conditions may include the requirement to post a performance bond assuring compliance with other permit requirements, terms, and conditions.

C. The decision of the hearing examiner shall be the final decision of the county on all applications for permits. The hearing examiner shall render a written decision including findings, conclusions, and a final order, and transmit copies of its decision to the persons who are required to receive copies of the decision pursuant to Section 20.20.050 (Ord. 2007-02 (part): Ord. 1980-02 § 7.20)

20.20.030 Conditional use permit.

A. The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of the master program in a manner consistent with the policies of RCW 90.58.020; provided, that conditional use permits should also be granted in a circumstance where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the county or the department to prevent undesirable effects of the proposed use.

B. Uses which are classified or set forth in the master program as conditional uses may be authorized provided the applicant can demonstrate all of the following:

1. That the proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the 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 will be compatible with other permitted uses within the area. (Ord. 1980-02 § 7.30)

20.20.040 Variance permit.

A. The purpose of a variance permit is strictly limited to granting relief to specific bulk, dimensional or performance standards set forth in the master program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the master program would impose necessary hardships on the applicant, or thwart the policies set forth in RCW 90.58.020.

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

C. Variance permits for development will be located landward of the ordinary high water mark as defined in RCW 90.58.030(2)(b), except within those areas designated by the department as marshes, bogs, or swamps pursuant to Chapter 173-22 WAC, may be authorized; provided that applicant can demonstrate all of the following:

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

2. That the hardship described in subsection (C)(1) 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;

3. That the design of the project will be compatible with other permitted activities in the area or qualify as a prior nonconforming use, and will not cause adverse effects to adjacent properties or the shoreline environment designation;

4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief;

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

D. Variance permits for development that will be located either waterward of the ordinary high water mark as defined in RCW 90.58.030(2)(b), or within marshes, bogs, or swamps as designated by the department pursuant to Chapter 173-22 WAC, may be authorized, provided the applicant can demonstrate all of the following:

1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes a reasonable permitted use of the property;

2. That the hardship described in subsection (C)(1) 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;

3. That the design of the project will be compatible with other permitted activities in the area, and will not cause adverse effects to adjacent properties or the shoreline environment designation;

4. That the requested variance will not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief;

5. That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance;

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

E. In the granting of all variance permits, consideration shall be given to the cumulative 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 substantial adverse effects to the shoreline environment. (Ord. 1980-02 § 7.40)

20.20.050 Notification of action.

The hearing examiner shall cause to be delivered to the following persons copies of the permit and notice of the action taken by the hearing examiner within fourteen calendar days of its final decision:

A. The applicant;

B. The Washington State Department of Ecology;

C. The Washington State Attorney General;

D. Any interested party who has submitted written comments on the application;

E. Any interested party who has written the hearing examiner requesting notification. (Ord. 2007-02 (part): Ord. 1980-02 § 7.50)

20.20.060 Appeals.

Any person aggrieved by the granting or denial of a permit by the hearing examiner may seek review from the shorelines hearing board, pursuant to State Statute RCW 90.58.180. This section of state law is included in the appendix attached to the ordinance codified in this title and filed in the office of the county clerk. (Ord. 2007-02 (part): Ord. 1980-02 § 7.60)