18S.60.060 Shoreline Conditional Use Permit.
A. Purpose. The purpose of a Shoreline 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 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 Conditional Use Permit (C). Other uses which are not classified or set forth in the Master Program may be authorized as conditional uses, provided the applicant can demonstrate consistency with the requirements for conditional uses contained in this Section. Uses which are specifically prohibited by Title 18S PCC shall not be authorized pursuant to this Section.
C. Review Process.
1. Shoreline conditional uses shall be subject to review by the County Hearing Examiner, which includes public notice, public hearing, and the issuance of a Shoreline Conditional Use Permit.
2. Aquaculture.
a. A single Shoreline Conditional Use Permit application may be submitted for multiple aquaculture activity sites within an inlet, bay or other defined feature, provided the sites are all under control of the same applicant and are located within the County.
b. Aquaculture activities allowed pursuant to an approved Shoreline Conditional Use Permit shall not be subject to review of a new Shoreline Conditional Use Permit for subsequent cycles of planting and harvest. Activities shall be subject to reviews in accordance with an approved monitoring plan, and the permit shall be rescinded per PCC 18S.10.070 I. should reviews find that aquaculture activities are being exercised contrary to approval conditions.
D. Decision Criteria.
1. The Examiner 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. A Conditional Use Permit may be authorized 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 the 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 Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline 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 Conditional Use Permit.
F. Approval. The Examiner may approve an application for a Shoreline Conditional Use Permit, approve with conditions or require modification of the proposal to comply with specified requirements or local conditions.
G. Denial. The Examiner shall deny a Shoreline Conditional Use Permit if the proposal does not meet, or cannot be conditioned or modified to meet, the decision criteria of subsection D of this Section.