Chapter 19.08
SHORELINE MANAGEMENT REGULATIONS

Sections:

Article I. Policies

19.08.010    Adoption by reference – Policies.

19.08.020    Policy.

Article II. Definitions

19.08.030    Adoption by reference – Definitions.

19.08.040    Additional definitions.

Article III. Substantive Provisions

19.08.050    Application of zoning and other regulations.

19.08.060    Shoreline environments designated.

19.08.070    Allowable uses within shoreline environments.

19.08.080    Commercial development.

19.08.090    Outdoor advertising, signs and billboards.

19.08.100    Residential development.

19.08.110    Utilities.

19.08.120    Industry and manufacturing.

19.08.130    Landfill.

19.08.140    Dredging.

19.08.150    Shoreline protection.

19.08.160    Road and railroad design and construction.

19.08.170    Archeological areas and historical sites.

19.08.180    Recreation.

19.08.190    Nonconformities.

Article IV. Administrative Provisions

19.08.200    Administrator.

19.08.210    Hearing board.

19.08.220    Permits required.

19.08.230    Permit applications.

19.08.240    Permit review.

19.08.250    Rescission of permit.

19.08.260    Notification.

19.08.270    Variances and conditional use permits.

19.08.280    Interpretation.

19.08.290    Appeal.

19.08.300    Amendments and boundary changes.

19.08.310    Public hearing rules.

19.08.320    Penalties.

19.08.330    Enforcement.

19.08.340    Other permits and certificates.

19.08.350    Severability.

Article I. Policies

19.08.010 Adoption by reference – Policies.

The city adopts by reference the policies of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as they now exist, or may hereafter be amended by the legislature. (Ord. 588 § 1, 1986).

19.08.020 Policy.

The city has enunciated its specific findings and policy with respect to shoreline management, which is set forth in a document entitled “Snoqualmie Shoreline Management Master Program,” which as it now exists, or may hereafter be amended, is designated as the official statement of policy for purposes of interpretation or clarification of the regulations established in this chapter. (Ord. 588 § 1, 1986).

Article II. Definitions

19.08.030 Adoption by reference – Definitions.

The city adopts by reference the definitions of the Shoreline Management Act of 1971, Chapter 90.58 RCW (“the Act”) and the Shoreline Management Act Guidelines for Development of Master Programs, Chapter 173-16 WAC (“the Guidelines”), as they now exist, or may hereafter be amended by the legislature or Department of Ecology, respectively. (Ord. 588 § 1, 1986).

19.08.040 Additional definitions.

In addition to the definitions contained in the Act and the guidelines, the following terms shall have the following meanings as used in this chapter, unless the context requires otherwise:

A. “Commercial development” means any activity involving or facilities for wholesale or retail trade, services and business activities, including by way of illustration hotels, motels, shops, stores, restaurants and offices, but not including manufacturing or residential uses.

B. “Dredging” means the removal of earth from the bottom of a stream, river, lake, bay or other body of water for the purpose of deepening a navigational channel or sustaining a use of the bottom materials for landfill.

C. “Industry and manufacturing” means any activity involving or facility for manufacturing, processing, packaging or storing finished or semi-finished goods.

D. “Landfill” means the creation of dry upland areas by filling or depositing sand, soil or gravel into a wetland area.

E. “Map” means the officially designated Shoreline Environments Map developed as part of the Snoqualmie Shoreline Management Master Program.

F. “Recreation” means any activity intended primarily for the refreshment of body and mind through forms of play, amusement and relaxation.

G. “Residential development” means any residential use, as well as the subdivision of land.

H. “Signs and advertising” means any publicly displayed material, whether consisting of graphics or text or both, whose purpose is to provide information, direction or commercial or noncommercial advertising.

I. “Utility” means any service which produces or carries electric power, gas, sewage, communications and oil. (Ord. 588 § 1, 1986).

Article III. Substantive Provisions

19.08.050 Application of zoning and other regulations.

These shoreline regulations impose special regulations required to protect the unique character of shorelines. They are not intended to permit any use which is not otherwise allowable within the shorelines under the zoning regulations or other regulations of general applicability, including but not limited to flood hazard regulations, platting and subdivision regulations and building regulations. (Ord. 588 § 1, 1986).

19.08.060 Shoreline environments designated.

There are established the following shoreline environments for land located within the corporate limits of the city:

A. Natural Environment. The natural environment shall be that area along both banks of the Snoqualmie River within 200 feet of the ordinary high water mark, from a point 300 feet downstream from the crest of the Snoqualmie Falls to the northerly corporate limits.

B. Conservancy Environment. The conservancy environment shall be that area along both banks of Kimball Creek within 200 feet of the ordinary high water mark, from the confluence at Coal Creek to its mouth at the Snoqualmie River; the southwesterly bank of the Snoqualmie River, within 200 feet of the ordinary high water mark, from Bruce Street to a point 300 feet downstream from the crest of the Snoqualmie Falls; and that area along the north bank of the Snoqualmie River, within 200 feet of the ordinary high water mark, east from the SR 202 bridge crossing to the easterly corporate limit of the annexed property, approximately 950 feet upstream from the SR 202 bridge.

C. Urban Riverfront Environment. The urban riverfront environment is that area along the south bank of the Snoqualmie River within 200 feet of the ordinary high water mark, from the easterly corporate limits to Bruce Street extended, and that area along the north bank of the Snoqualmie River within 200 feet of the ordinary high water mark, from the SR 202 bridge crossing to a point 300 feet downstream from the crest of the Snoqualmie Falls.

D. Urban Floodplain Environment. The urban floodplain environment is all that area within the 100-year floodplain not designated as natural, conservancy or urban riverfront. (Ord. 680 § 1, 1992; Ord. 588 § 1, 1986).

19.08.070 Allowable uses within shoreline environments.

When otherwise allowable by regulations of general applicability, and when consistent with the policies and objectives of the Snoqualmie Vicinity Comprehensive Plan, the following uses shall be permitted within the respective shoreline environments:

A. Natural environment:

1. Single-family residential (conditional use);

2. Parks (conditional use);

3. Open space.

B. Conservancy environment:

1. Single-family residential (conditional use);

2. Parks (conditional use);

3. Open space.

C. Urban riverfront environment:

1. Single-family residential;

2. Multifamily residential (conditional use);

3. Business and commercial (conditional use);

4. Parks (conditional use);

5. Mobile home parks (conditional use);

6. Open space;

7. Landfill (conditional use);

8. Shoreline protection;

9. Roads and railroads.

D. Urban floodplain environment:    

1. Single-family residential;

2. Multifamily residential;

3. Business and commercial;

4. Offices;

5. Outdoor advertising;

6. Mobile home parks;

7. Parks;

8. Open space;

9. Landfill;

10. Roads and railroads;

11. Recreation. (Ord. 588 § 1, 1986).

19.08.080 Commercial development.

The following performance standards shall be required, in addition to all other applicable regulations, for commercial development within the shorelines of the city:

A. Multiple use concepts, including open space, recreation and open view areas, shall be employed in developing commercial areas. Features such as viewing sites, promenades, benches, shelters, areas for passive recreation and/or access easements may be required as a condition of approval of substantial development permits.

B. Commercial development shall be located, designed, constructed and maintained to incorporate and preserve natural features of the shoreline.

C. Commercial structures shall be prohibited over the water, except for recreational uses necessary to enhance public use of the waterfront.

D. On-site parking shall be located landward of buildings, and shall be located, designed and screened to have minimal visual impact. Design shall be provided for stormwater retention, and shall ensure that surface runoff does not pollute adjacent receiving waters or cause soil erosion.

E. There shall be no disruption of trees or natural vegetation along the shoreline unless for public safety, scenic consideration, public access or the footprint of a new or expanded structure.

F. There shall be a height limitation on new or expanded structures of 35 feet measured from average grade level, except that the ridge of pitched roofs on principal structures may extend up to five feet above this height. As used in this subsection, “average grade level” means the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly beneath the footprint of the proposed building or structure.

G. The setback from the ordinary high water mark for commercial structures within the shoreline, except recreational structures necessary to enhance public use of the waterfront, shall be 100 feet, except where a stable bank more than 25 feet high exists, the setback may be reduced to 75 feet. (Ord. 1198 § 23 (Exh. E), 2017; Ord. 588 § 1, 1986).

19.08.090 Outdoor advertising, signs and billboards.

Outdoor advertising, signs and billboards shall be permitted within the shorelines of the city only when they comply with the following:

A. Signs shall be designed and constructed in a manner which minimizes visual obstruction of the shoreline.

B. The size, height and density of outdoor advertising, signs and billboards shall be in strict conformity with the zoning regulations and any other applicable regulations.

C. Road signs pointing out only directions to recreational areas or points of interest will be permitted. (Ord. 588 § 1, 1986).

19.08.100 Residential development.

Residential development shall be permitted within the shorelines of the city only when it complies with the following:

A. Subdivisions shall be designed at a level of density of site coverage and occupancy compatible with the physical capabilities of the shoreline and water.

B. Subdivisions shall be designed so as to adequately protect the water and shorelines within the subdivision.

C. Subdivisions may be required as a condition of approval of a substantial development permit to permit public pedestrian access to the shoreline within the subdivision where feasible.

D. No residential development shall be permitted over the water.

E. A plan shall be required from proponents of residential development within the shoreline environments for the preservation of shoreline vegetation and the control of erosion during construction.

F. Sewage disposal facilities, as well as water supply facilities, shall be provided in accordance with all applicable state and local health regulations. Storm drainage facilities shall be separate from sewage disposal systems.

G. Adequate water supplies shall be available so that ground water quality will not be endangered by excessive pumping. (Ord. 588 § 1, 1986).

19.08.110 Utilities.

Utilities shall be permitted within the shorelines of the city only when they comply with the following:

A. Upon completion of installation or maintenance of utilities projects within the shoreline, banks shall be restored to preproject configuration, replanted with native species and provided with maintenance until the newly planted vegetation is established.

B. Whenever utilities facilities must be placed within a shoreline, the location shall be chosen so as not to obstruct or destroy scenic views. When feasible, such facilities, except 115 kv or 230 kv transmission lines, shall be placed underground, or designed to reduce aesthetic impact upon the shoreline area.

C. Public access to and along bodies of water occupied by major utilities corridors may be required as a condition of granting of substantial development permits.

D. Due consideration shall be given to the needs of future populations in locating utilities sites. (Ord. 588 § 1, 1986).

19.08.120 Industry and manufacturing.

New and expanded industry and manufacturing facilities are prohibited within the shorelines of the city. (Ord. 588 § 1, 1986).

19.08.130 Landfill.

Landfill shall be permitted within the shorelines of the city only when it complies with the following:

A. Priority shall be given to landfills for water-dependent uses and for public uses.

B. Dredging for fill materials only is prohibited.

C. Fill materials shall be of such quality that they will not cause problems of water quality.

D. Shoreline fills or cuts shall be designed and located so that significant damage to existing ecological values or natural resources, or alteration of local currents, will not occur, resulting in the damage to adjacent life, property or natural resource systems.

E. All provisions of the flood hazard regulations shall be strictly applied. (Ord. 588 § 1, 1986).

19.08.140 Dredging.

All dredging done within the Snoqualmie River within the natural environment shall comply with all existing permits and federal, state and local laws and regulations. (Ord. 588 § 1, 1986).

19.08.150 Shoreline protection.

Shoreline protection shall comply with the following:

A. All rip-rapping, channelization and other methods of bank stabilization shall comply with federal, state and local laws and regulations.

B. Compliance with all existing permits shall be required.

C. Where bank stabilization has occurred, the planting of natural vegetation may be required. (Ord. 588 § 1, 1986).

19.08.160 Road and railroad design and construction.

Road and railroad construction shall be permitted within the shorelines of the city only when the following are met:

A. Major highways, freeways and railroads shall not be located within the shorelines of the city unless no other feasible alternative is available.

B. Roads and railroads located in wetland areas shall be designated and maintained to prevent erosion and to permit a natural movement of ground water.

C. All debris, overburden and other waste materials from construction shall be disposed of in such a manner as to prevent their entry by erosion from drainage, high water or other means into any body of water.

D. Road locations shall be planned to fit the topography to minimize alterations of natural conditions.

E. Scenic corridors with public roadways shall have provisions for safe pedestrian and other nonmotorized travel. Provision shall also be made for sufficient view points, rest areas and picnic areas on public shorelines.

F. Extensive loops or spurs of old highways with high aesthetic quality shall be kept in service as pleasure bypass routes, especially where main highways paralleling the old highway must carry large traffic volumes at high speeds.

G. Plans for land use and transportation facilities shall be coordinated. (Ord. 588 § 1, 1986).

19.08.170 Archeological areas and historical sites.

In the event of archeological finds or historical designation of any area within the shorelines of the city, referral shall be made to the responsible official designated by the legislature for administration of the National Historic Preservation Act of 1966 and Chapter 43.51 RCW. (Ord. 588 § 1, 1986).

19.08.180 Recreation.

Recreation shall be permitted within the shorelines of the city as follows:

A. Priority shall be given to developments which provide recreational uses and other improvements facilitating public access to shorelines.

B. Access to recreational locations such as fishing streams and hunting areas shall be provided by means of spaces and linear access, such as parking areas and easements, by way of illustration, to prevent concentrations of use pressure at a small number of sites.

C. The linkage of shoreline parks and public access points shall be encouraged through the use of linear access where feasible, such as hiking paths, bicycle trails or scenic drives.

D. Due considerations shall be given to the effect of a proposed recreational development upon environmental quality and natural resources in the area.

E. Scenic views and vistas shall be preserved.

F. Parking areas shall be located inland away from the immediate edge of the water and recreational beaches.

G. Due consideration shall be given to the variety of available recreational sites to satisfy the needs of diverse groups in nearby population centers.

H. The total quantity of recreational development permitted in an area shall be proportional to the proximity of population and compatible with the shoreline environment designations.

I. Sites proposed for intensive recreational development shall be approved only where sewage disposal and vector control can be accomplished to meet health standards without adversely altering the natural features attractive for recreational use.

J. Provision shall be made in locating proposed recreational developments which use large quantities of fertilizers and pesticides in turf maintenance, such as golf courses and playfields, to prevent such chemicals from entering the water. Provision shall also be made for protection of water areas from drainage and surface runoff.

K. State and local health agencies which have regulations governing recreational facilities and watercraft shall be consulted in determining use restrictions and issuing permits, as appropriate. (Ord. 588 § 1, 1986).

19.08.190 Nonconformities.

Structures lawfully existing and maintained or for which all required permits have been issued, and uses or activities on-going, as of the effective date of this chapter, but not in conformance with the requirements hereof, shall be subject to the following:

A. Structures. Nonconforming structures may continue to exist or construction thereof be completed, as follows:

1. No nonconforming structures may be expanded, except in conformity to this chapter.

2. Maintenance and improvement shall be permitted, provided, such maintenance or improvement does not increase the exterior dimensions of the structure.

3. Uses within nonconforming structures may be changed only to other permitted uses.

B. Uses. Nonconforming uses may continue, as follows:

1. Nonconforming uses or activities that can be ceased without cost to the user or actor shall cease forthwith upon notification from the administrator.

2. Nonconforming uses or activities that can be altered to conformance without significant impairment of their essential function shall be so altered upon notification from the administrator.

3. Nonconforming uses or activities that will result in increasing or long-term damage to the environment shall cease upon a finding by the hearing board that such increasing or long-term damage is likely to result unless the use or activity is abated.

4. Nonconforming uses discontinued for a period of one year or more shall not be re-established. (Ord. 588 § 1, 1986).

Article IV. Administrative Provisions

19.08.200 Administrator.

A. The mayor shall appoint an administrator for the purpose of administration of this chapter.

B. It shall be the duty of the administrator to perform all of the duties ascribed to him by this chapter, to serve as secretary and staff to the hearing board and to administer the permit and notification systems established by this chapter. The administrator shall familiarize himself to the extent possible with other regulations pertaining to shorelines and their use, and within the limits of his authority, shall cooperate with other agencies in the administration of such other regulations. (Ord. 588 § 1, 1986).

19.08.210 Hearing board.

A. There is created a hearing board to perform the duties ascribed to it by this chapter. The board shall consist of five members, to be appointed by the mayor for terms of four years. Eligibility for appointment to the board shall be as follows:

1. At least two members shall be residents of the city of Snoqualmie;

2. One member shall be a city staff employee other than the city administrator;

3. One member shall be a resident of unincorporated King County within the city’s urban growth area;

4. One member shall be a member of the city’s flood task force, if such a body is in existence at the time of the appointment; otherwise, this member shall be, in order of preference, either a resident of the city or a resident of unincorporated King County within the city’s urban growth area.

B. Meetings of the hearing board may be held anywhere within the corporate limits. Regular meetings shall be as established by resolution of the hearing board. All meetings shall be open to the public and media at all times. Meetings may be called by the chairman or administrator at any time, or by motion of the board during a previous meeting.

C. Hearings required by this chapter shall be scheduled during the last 10 days of the 30-day local review provided in the permit procedure. Decisions shall be rendered as soon as possible after the expiration of the 30-day review, and not more than 15 days after the expiration of review. (Ord. 854 § 1, 2000; Ord. 840 § 1, 1999; Ord. 588 § 1, 1986).

19.08.220 Permits required.

A. A substantial development permit is required prior to commencement of construction of a structure or commencement of a use or activity constituting “substantial development” as defined in subsection B of this section, which is not categorically exempt, within the shorelines of the city.

B. “Substantial development” means any development of which the total cost or fair market value exceeds $7,047, or any other value as determined by the Washington State Office of Financial Management pursuant to RCW 90.58.030(3)(e), or any development which materially interferes with the normal public use of the water or shorelines of the state, except the following shall not be deemed substantial development:

1. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements;

2. Construction of the normal protective bulkhead common to single-family residences;

3. Emergency construction necessary to protect property from damage by the elements;

4. Construction of a barn or similar agricultural structure on wetlands;

5. Construction or modification of navigational aids such as channel markers and anchor buoys;

6. Construction on wetlands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than regulations imposed by this chapter;

7. Construction of a dock designed for pleasure craft only, for the private noncommercial use of the owner, lessee or contract purchaser of a single-family residence, the cost of which dock does not exceed $2,500.

C. The definition of “substantial development,” as set forth in subsection B of this section, is intended to conform to the definition thereof in Chapter 98.50 RCW, and subsection B shall be deemed amended immediately upon any future amendment of the definition of “substantial development” in Chapter 98.50 RCW by the legislature. (Ord. 1203 § 15, 2018; Ord. 588 § 1, 1986).

19.08.230 Permit applications.

A. When a substantial development permit is required for a proposed development, the proponent of the development shall apply for such permit on a form provided by the administrator. The permit application shall contain the following information:

1. The name, address and telephone number of the applicant;

2. The name, address and telephone number of the property owner;

3. A legal description of the property;

4. A common description of the property;

5. The name of the associated shoreline or wetland;

6. The current use of the property and description of existing improvements;

7. The proposed use of the property;

8. The nature of the existing shoreline;

9. A site plan sufficient to fully explain the intended development, including the following:

a. Site boundaries,

b. Property dimensions in vicinity of proposed development,

c. Indication of size and placement of all existing and proposed structures,

d. Indication of size, grade, and profile of all roads or vehicular passageways,

e. Indication of all water supplies, sewage disposal facilities and solid waste handling facilities,

f. Relation of all physical developments to the associated shoreline or wetlands, and the location of the ordinary high water mark,

g. Scale drawings of all bridges or other structures to be built in, on or over streams, marshes, swamps or lakes,

h. Identification of shorelands of statewide significance and environment designation, and

i. Typical cross-section or sections showing existing ground elevations, proposed ground elevations, height of existing structures and height of proposed structures;

10. The intended commencement and completion dates;

11. The reason, if any, why the proposed development requires a shoreline rather than a nonshoreline location;

12. If a variance is sought, the reasons therefor;

13. If a conditional use is sought, the reason therefor, including an explanation of any special features of the proposed development supporting the request;

14. The names and addresses of all property owners within 500 feet of the boundaries of the proposed development; and

15. The source, composition and volume of fill material to be used, if any.

B. The completed application shall be accompanied by the fee therefor, as established by the city council by resolution. The administrator shall not accept incomplete permit applications.

C. Receipt by the administrator of the completed application and fee shall commence the running of the time periods for permit review established in this chapter. (Ord. 1131 § 6, 2014; Ord. 588 § 1, 1986).

19.08.240 Permit review.

The permit review process shall be as follows:

A. Upon receipt by the administrator of the completed application and fee, the applicant shall cause two public notices of the application to be published in the official newspaper. These notices shall appear one week apart and contain the information required by the administrator. The administrator shall forthwith mail notice of the application to all property owners of record within 300 feet of the boundaries of the proposed development.

B. Commencing on the publication of the second of the two notices provided in subsection A of this section, there shall be a 30-day review period, during which period the administrator shall evaluate the application, collect relevant data and solicit communications from all persons and agencies wishing to express views on the application. The administrator shall transmit a copy of the application to the environment planning committee of the Snoqualmie planning commission for its review and comment. The administrator shall examine each application for conformity with the policies of the Snoqualmie Shoreline Management Master Program. If a variance or conditional use permit is sought, the administrator shall schedule a meeting of the hearings board for a public hearing thereon, to be scheduled within the last 10 days of the 30-day review period.

C. At the expiration of the 30-day review period, but within 45 days after the commencement thereof, the administrator shall issue a decision to approve or deny the application, and the hearings board shall issue a decision to approve or deny the variance or conditional use permit.

D. The administrator shall transmit the decision or decisions, findings and any other determinations by letter to the applicant, the Department of Ecology and the attorney general.

E. Upon receipt by the Department of Ecology of the decision upon the application for the substantial development permit, a further 30-day review period shall commence, during which appeal from the local government decision may be taken to the State Shorelines Hearing Board. When the local government decision is for approval of a variance or conditional use permit, the Department of Ecology shall have 30 days in which to approve, deny or condition the permit. A further 30-day review period shall commence when the Department of Ecology transmits its decision to the local government, during which period the applicant may take an appeal from the Department of Ecology decision to the State Shorelines Hearing Board.

F. If no appeal is taken from the decision of the local government, either by the Department of Ecology or others, the decision shall be deemed approved by the Department of Ecology, and at the expiration of the 45-day period, if the local government decision was to approve, and if all other required permits have been granted, the proposed development may proceed. In the event of an appeal, the proposed development may not begin until all appeals have been resolved by the State Hearings Board. (Ord. 588 § 1, 1986).

19.08.250 Rescission of permit.

The hearings board may rescind the permit and issue a stop work order if the conditions of the permit are not fulfilled or are violated, or if other applicable regulations under this chapter are violated. Any such rescission shall comply with RCW 90.58.190(8). (Ord. 588 § 1, 1986).

19.08.260 Notification.

A. The developments, uses and activities specified under subsection B of this section may occur with the shorelines of the city without the requirement of a substantial development permit, variance or conditional use permit. In order to effectuate the policies of the Snoqualmie Shoreline Management Master Program, such developments, uses and activities shall not be commenced until notification of intent has been given to the administrator. Such notification may be given by letter, telephone, transmittal from other agency permit requirements or other appropriate means, not less than one week prior to the proposed commencement date. Such notification shall include the following:

1. The name of the person or persons intending to perform the development, use or activity;

2. The name of the property owner;

3. The nature of the proposed development, use or activity;

4. The location of the property; and

5. The proposed commencement and completion dates.

B. The following are subject to the notification requirement of subsection A of this section:

1. Construction of houses;

2. Logging operations not requiring a substantial development permit;

3. Herbicide, insecticide or other dangerous chemical application when a license is required by the Department of Agriculture;

4. The demolition or destruction of any building;

5. The clearing of land.

C. It shall be unlawful to fail to give a notice required by this section. The responsibility of providing notice shall devolve upon both the operator and the property owner. (Ord. 588 § 1, 1986).

19.08.270 Variances and conditional use permits.

A. It is the intention of the chapter both to protect the environment and to ensure that property owners may utilize their property in a fair and equitable manner. This policy shall be given due consideration in administering variance and conditional use permit applications.

B. 1. Applications for uses classified as conditional uses within the respective shoreline environments may be permitted only after a finding by the hearings board that the proposed development is compatible with other uses permitted within the area, and that the following criteria have been demonstrated:

a. The proposed use will cause no unreasonably adverse effects on the shoreline, the environment or other uses;

b. The proposed use will not interfere with public use of public shorelines;

c. Design of the proposed site will be compatible with the surroundings and with the policies and objectives of the Snoqualmie Shoreline Management Master Program;

d. The public interest will suffer no substantial detrimental effect.

2. The hearings board may grant or deny the conditional use permit application, or grant it subject to such conditions as it deems necessary to bring the proposed development, use or activity into compliance with the criteria of subsection (B)(1).

3. Conditional use permits are subject to approval by the Department of Ecology, and are not effective until such approval has been obtained.

C. 1. Variances may be granted from the bulk, dimensional or performance standards of this chapter when practical difficulties or unnecessary hardship would result from strict application thereof to the proposed development, activity or use. The hearings board shall not grant a variance unless it finds that the property owner would be unable to make a reasonable use of his property if the standards of this chapter were applied, and the criteria of subsection (C)(2) have been demonstrated. It shall not be sufficient for the granting of a variance that the property owner might make a greater profit by using his property in a manner contrary to the provisions of this chapter.

2. The proponent of the variance shall demonstrate the following:

a. The hardship upon which the request for the variance is based is specifically related to the property of the applicant;

b. The hardship results from the application of the requirements of this chapter, and not, by way of illustration, from deed restrictions, covenants or the applicant’s own actions;

c. The granting of the variance will be in harmony with the policies and objectives of the Snoqualmie Shoreline Management Master Program; and

d. The public interest and welfare will be preserved.

3. If the hearings board finds that more harm will result to the public interest and welfare by the granting of the variance then would result to the applicant by its denial, the variance shall be denied. (Ord. 588 § 1, 1986).

19.08.280 Interpretation.

When the provisions of this chapter, or their application to a specific proposed development, shall be vague, ambiguous or otherwise unclear, or where a judgment or interpretation regarding the application hereof in special circumstances shall be required, it shall be the duty of the hearings board to make such interpretation or judgment. A separate record of all such actions shall be kept. The hearings board shall examine its earlier interpretations or judgments which may relate to the pending action, and findings shall be made indicating whether the earlier interpretations or judgments were deemed relevant to the pending action, and if not so considered, the reason therefor, and if so considered, the manner in which it was applied. Such findings shall be public records. (Ord. 588 § 1, 1986).

19.08.290 Appeal.

Reviewable state actions are governed by Chapter 90.58 RCW. All actions of the administrator, hearings board and other city officials taken in the administration and enforcement of this chapter may be appealed. An appeal must be filed with the city clerk within the 30 days of the date of the action being appealed. The city council shall render its decision on the appeal with 30 days of the filing thereof. The clerk shall prepare forms for use by appellants. The administrator shall keep a careful record of the date and nature of each decision. The hearing of the city council on the appeal shall be open to the public, and the decision shall be a public record. Decisions of the city council on appeals shall be considered in future decisions of a similar nature. The decision of the city council shall note the use of an earlier decision, or contain an explanation as to why such earlier appeal action was not deemed relevant. Appeals from the decision of the city council may be taken to the superior court within 30 days of the decision. (Ord. 588 § 1, 1986).

19.08.300 Amendments and boundary changes.

A. The provisions of the Snoqualmie Shoreline Management Master Program, the shoreline management jurisdictional boundaries, the shoreline environment boundaries and the provisions of this chapter may only be amended after a public hearing on the proposed amendment by the hearings board at which public comment is received.

B. All amendments acted upon by the city council shall be transmitted to the Department of Ecology for its review, and if approved, shall become effective 30 days after such approval. (Ord. 588 § 1, 1986).

19.08.310 Public hearing rules.

All public hearings conducted under authority of this chapter shall be held according to the following rules:

A. The date, time, place and matter for hearing shall be advertised in the official newspaper at least 10 but not more than 20 days prior to the date of the hearing.

B. Hearings may be continued to a specific time and place, and no further notice of such continuance shall be required.

C. Where specific parcels of property are involved, hearing notice containing the same information as required to be published shall be mailed at least 12 days prior to the hearing date to the record owners of the property involved and to the owners of record of all properties within 300 feet of the boundaries of the property involved in the hearing.

D. All notices shall contain both a legal and a common description of the property involved.

E. Public hearings for the purpose of amending the Snoqualmie Shoreline Management Master Program shall be in accordance with WAC 173-19-061 and 173-19-062, as they now exist or may hereafter be amended.

F. A record shall be kept of all hearings, which shall be a public record.

G. Conduct of all hearings will be in accordance with such local rules as may have been approved by resolution or in the absence thereof, in accordance with Robert’s Rules of Order. (Ord. 588 § 1, 1986).

19.08.320 Penalties.

In addition to the civil liabilities imposed by RCW 90.58.210, as it now exists or may hereafter be amended, which is incorporated by reference, any person who shall wilfully violate any of the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall be deemed a separate and separately punishable offense. (Ord. 588 § 1, 1986).

19.08.330 Enforcement.

The city attorney may bring such injunctive, declaratory or other action as may be necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions of this chapter and to otherwise enforce its requirements. (Ord. 588 § 1, 1986).

19.08.340 Other permits and certificates.

Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license or approval from any federal, state or local government or agency thereof. (Ord. 588 § 1, 1986).

19.08.350 Severability.

If any provision of this chapter, or its application to any person or legal entity, or in any particular circumstances, is held to be invalid, the remainder of the provisions of this chapter or the application hereof to other persons in or other circumstances shall not be affected thereby. (Ord. 588 § 1, 1986).