18S.60.050 Shoreline Administrative Conditional Use Permit.
A. Purpose. The purpose of a Shoreline Administrative Conditional Use Permit is to allow flexibility in the application of development regulations in a manner consistent with the policies of the Shoreline Management Act (Act). Conditions may be attached to the permit to prevent undesirable effects of the proposal or to assure consistency of the project with the Act and the Master Program.
B. Applicability. This Section applies to uses allowed in Table 18S.60.030-1, Shoreline Permit Table, subject to approval of a Shoreline Administrative Conditional Use Permit (AC). Uses specifically prohibited by this Title shall not be authorized pursuant to this Section.
C. Review Process. An administrative review process, which includes public notice, is required to ensure that the use, if established, will be in full compliance with applicable regulations and that such use is compatible with the Master Program, Comprehensive Plan, applicable community plan, adjacent development, planned uses, and the character of the surrounding area.
D. Decision Criteria.
1. The Director shall review the location of the proposal for compatibility with development permitted in the surrounding areas; and make further stipulations and conditions to reasonably assure that the basic intent of the Master Program will be served.
2. An Administrative Conditional Use Permit may be granted; provided, that the applicant demonstrates all of the following:
a. That the proposed use is consistent with the policies of the Act and the Master Program;
b. That the proposed use will not interfere with the normal public use of public shorelines, nor use of waters under the Public Trust Doctrine;
c. 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 Master Program;
d. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;
e. That the public interest suffers no substantial detrimental effect; and
f. The proposed use is consistent with all applicable development regulations.
3. In the granting of all Shoreline Administrative Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Administrative Conditional Use Permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
E. Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for a Shoreline Administrative Conditional Use Permit.
F. Approval. The Director may approve an application for a Shoreline Administrative Conditional Use Permit, approve with conditions, or require modification of the proposal to comply with specified requirements or local conditions.
G. Denial. The Director may deny an application for a Shoreline Administrative Conditional Use Permit if the proposal fails to comply with specific standards found in this Title, or if any of the decision criteria of subsection D of this Section are not supported by evidence in the record as determined by the Director.