Ordinance 2537-01 - Laserfiche WebLink

A. The conditional use provision allows greater flexibility in the implementation of the Shoreline Master Program by permitting the expansion of the range of uses permitted within the environments. The Shoreline Master Program indicates which uses are conditional. B. Conditional use permits will be granted only after the applicant can demonstrate all of the following: 1. The proposed use will not be contrary to the general intent of Everett's Shoreline Master Program. 2. The use will not interfere with the normal public use of public shorelines. 3. The use of the site and design of the project will be compatible with other permitted uses in the area. 4. The proposed use will cause no significant adverse effects to the shoreline environment in which it is located. 20.12.180 Variances for shoreline permits. A. A variance deals with specific requirements of the master program and its objective is to grant relief when there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the shoreline plan. B. A variance will be granted only after the applicant can demonstrate in addition to satisfying the procedures set forth in Section 12.20.070, the following: 1. That if he complies with the provisions of the master program, he cannot make any reasonable use of his property. The fact that he might make a greater profit by using his property in a manner contrary to the intent of the master program is not sufficient reason for a variance; 2. That the hardship results from the application of the requirements of the act and master program and not, for example, from deed restrictions or the applicant's own actions; 3. That the variance granted will be in harmony with the general purpose and intent of the master program; 4. That the public welfare and interest will be preserved. 20.12.190 Conditional uses and variances -Final decision. A. After taking actions on a substantial development permit designated to be a conditional use or variance in the master program, the city shall submit the permit to the Department of Ecology for final action. B. The Department of Ecology shall render and so notify the city and the permittee of its final decision approving or disapproving a permit for a conditional use or variance within thirty days of the filing by the city, pursuant to WAC 173-14-090. The city shall notify those interested persons having contacted local government pursuant to the final decision. 20.12.200 Appeals from city granting, denying or rescinding of substantial development permits. A. Appeal procedures are described by RCW 90.58.180 and WAC 173-14-170. B. Appeals must be filed with the Department of Ecology within thirty days of the final permit decision by the city. 8