HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Attachment A.14: Administration14. ADMINISTRATION
The Administrative procedures below are designed to:
Assign responsibilities for implementation of the Master Program and
Shoreline Permit
Establish an orderly process by which to review proposals and permit
applications
Ensure that all persons affected by this Master Program are treated in a fair
and equitable manner
14.1 Applicability of Shoreline Master Program and Substantial Development
Permit
A. Development in the Shoreline Jurisdiction
Based on guidelines in the Shoreline Management Act for a minimum shoreline
jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows:
B. Applicability
The Tukwila Shoreline Jurisdiction includes the channel of the
Green/Duwamish River, its banks, the upland area which extends
from the ordinary high water mark landward for 200 feet on each
side of the river, floodways and all associated wetlands within its
floodplain. The floodwav shall not include those lands that have
historically been protected by flood control devices and therefore
have not been subject to floodint with reasonable rerulcirity.
The Tukwila Shoreline Master Program applies to uses, change of uses, activities or
development that occurs within the above defined Shoreline jurisdiction. All proposed
uses and development occurring within the shoreline jurisdiction must conform to chapter
90.58 RCW, the Shoreline Management Act and this master program whether or not a
permit is required.
14.2 Substantial Development Permit Requirements
A. Permit Application Procedures
Applicants for a Shoreline Substantial Development Permit shall comply with permit
application procedures. in—TMC 1- 8.1 -04:
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B. Exemptions
A. Purpose
1. To qualify for an exemption, the proposed use, activity or development must
meet the requirements for an exemption as described in WAC 173 -27 -040,
except for properties that meet the requirements of the Shoreline Restoration
Section. The purpose of a shoreline exemption is to provide a process for uses
and activities which do not trigger the need for a substantial development
permit, but require compliance with all provisions of the City's SMP.
2. The Director may impose conditions to the approval of exempted
developments and or uses as necessary to assure compliance of the project
with the SMA and the Tukwila SMP, per WAC 173- 27- 040(e). For example,
in the case of development subject to a building permit, but exempt from the
shoreline permit process, the Building Official or other permit authorizing
official, through consultation with the Director, may attach shoreline
management terms and conditions to Building Permits and other permit
approvals pursuant to RCW 90.58.140.
14.3 Shoreline Conditional Use Permit
As stated in WAC 173 -27 -160, the purpose of a Conditional Use Permit (CUP) is
to allow greater flexibility in the application of use regulations of the Shoreline
Master Program in a manner consistent with the policies of RCW 90.58.020. In
authorizing a conditional use, special conditions may be attached to the permit by
the City or the Department of Ecology to prevent undesirable effects of the
proposed use and/or assure consistency of the project with the SMA and the
City's SMP. Uses which are specifically prohibited by the Shoreline Master
Program may not be authorized with approval of a CUP.
B. Application
Applicants for a Shoreline Conditional Use Permits shall comply with all current permit
application procedures. are a Type 1 Permit proccsseed un e C 1- 8.1104.
C.
Applicants must mcct all requirements for permit application and approvals
indicated in TMC 18.104 and the SMP.
D. Approval Criteria
1. Uses classified as conditional uses may be authorized, provided that the
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applicant can demonstrate all of the following:
a. That the proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Tukwila Shoreline Master Program;
b. That the proposed use will not interfere with the normal public use of
public shorelines
c. That the proposed use of the site and design of the project will be
compatible with other permitted uses within the area and with uses
planned for the area under the comprehensive plan and SMP;
d. That the proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located; and
e. That the public interest suffers no substantial detrimental effect.
2. In the granting of all conditional use permits, consideration shall be given to
the cumulative impact of additional requests for like actions in the area. For
example, if conditional use permits were granted to 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 and all local
ordinances and shall not produce substantial adverse effects to the shoreline
environment.
11.1 ohoreline Unclassified Permits
A. Purpose
B A pp l; a ti,
L'• I�IIlZTCGnTII
permit.
D,Approval-GFiteria
can demonstrate all of the following:
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f use as set forth in this- shoreline master program.
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the policies of thc Tukwila Shoreline Master Program.
a with the normal public use of public
shorelines
other permitted uses within the ar and with uses planned for the arca under
the comprehensive plan and SMP;
That thc proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located;
That the public interest suffers no substantial detrimental effect.
injurious to the property or improvements in the vicinity;
district it will occupy.
In the event that a proposed essential public facility of a countywide or statewide
nature cr ates an unavoidable significant adverse environmental or economic
-'ty, :,orpensatory mitigation shall be required.
Compensatory mitigation shall include public amenities, incentives or other
public benefits a
essential public facility. Where appropriate, compensatory mitigation shall be
provided as close to the affected ar as possible; and
For uscs in residential ar -c, applicants shall demonstrate that there is no
14.45 Shoreline Variance Permits
A. Purpose
B. Application requirements
.58.920-and
The purpose of a Shoreline Variance Permit is strictly limited to granting relief from
specific bulk, dimensional, or performance standards set forth in this Master Program
where there are extraordinary or unique circumstances relating to the physical character
or configuration of property such that the strict implementation of the Master Program
will impose unnecessary hardships on the applicant or thwart the Shoreline Management
Act policies as stated in RCW 90.58.020. Reasonable Use requests that are located in the
shoreline must be processed as a Variance, until such time as the Shoreline Management
Act is amended to establish a process for reasonable uses.
Applicants for a Shoreline Variance shall comply with all current permit application
proceduresmust meet all requirements for a Typc 3 permit application and approvals
indicated in TMC 18.101..
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C. Shoreline Variance permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all
instances the applicant must demonstrate that extraordinary circumstances exist and the
public interest will suffer no substantial detrimental effect.
D. Approval Criteria
A Shoreline Variance Permit for a use, activity or development that will be located
landward of the ordinary high water mark and/or landward of any wetland 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 Master Program preclude or significantly interfere with a
reasonable use of the property not otherwise prohibited by the Master
Program;
2. That the hardship described above 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 from the owner's
own actions or deed restrictions; and that the variance is necessary because of
these conditions in order to provide the owner with use rights and privileges
permitted to other properties in the vicinity and zone in which the property is
situated;
3. That the design of the project will be compatible with other authorized uses
within the area and with uses planned for the area under the comprehensive
plan and SMP and will not cause adverse impacts to adjacent properties or the
shoreline environment;
4. That the variance will not constitute a grant of special privilege not enjoyed
by other properties in the area;
5. That the variance is the minimum necessary to afford relief; and
6. That the public interest will suffer no substantial detrimental effect.
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E. Shoreline Variance Permits Waterward of OHWM
1. Shoreline Variance permits for development and/or uses that will be located
either waterward of the ordinary high water mark or within any sensitive area
may be authorized only if the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance
standards set forth in this Master Program preclude all reasonable
permitted use of the property; and
b. That the proposal is consistent with the criteria established under D
above; and
c. The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
2. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that
the total of the variances would remain consistent with RCW 90.58.020 and
not cause substantial adverse effects to the shoreline environment.
3. Variances from the use regulations of the master program are prohibited.
14.65 Non conforming Develonment
A. Pie existing Non- conformine Uses
Any preexisting lawful use of land that would not be allowed under the terms of this SMP
may be continued as an allowed, legal pre existingnon conforming use, defined in TMC
Chapter 18.06, or as her ter amended, so long as that use remains lawful, subject to the
following:
1. No such prc existing non- confonninu use shall be enlarged, intensified,
increased or extended to occupy a greater use of the land, structure or
combination of the two, than was occupied at the effective date of adoption of
this SMP unless TMC 18.66.120 applies;
2. No prc existing non- confonnin2 use shall be moved or extended in whole or
in part to any other portion of the lot or parcel occupied by such use at the
effective date of adoption or amendment of this SMP;
3. If any such prc existing non- confonnina use ceases for any reason for a period
of more than 24 consecutive months, any subsequent use shall conform to the
regulations specified by this SMP for the shoreline environment in which such
use is located. Upon request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown, the City Council may
grant an extension of time beyond the 24 consecutive months, Der 14.5 C.
The City Council shall consider special circumstances and economic effects in
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4. If a change of use is proposed to a use determined to be pre existingnon-
confonning by application of provisions in this SMP, the proposed new use
must be a permitted use in the SMP or a use approved under a Conditional
Use or Unclassified Use Permit process,. For purposes of implementing this
section, a change of use constitutes a change from one Permitted, Conditional
or Unclassified Use category to another such use category as listed within the
zoning code.
5. A structure that is being or has been used for a nonconforming use may be
used for a different nonconforming use after demonstrating the following
criteria have been met only upon the approval of a Shoreline Conditional Use
before
findings must be made:
a. No reasonable alternative conforming use is practical;
b. The proposed use will be at least as consistent with the policies and
provisions of the SMP and as compatible with the uses in the area as the
preexisting use:
c. The use or activity is enlarged, intensified, increased or altered only to
the minimum amount necessary to achieve the intended functional
purpose_.
d. The structure(s) associated with the non conforming use shall not be
expanded in a manner that increases the extent of the nonconformity:.
e. The change in use will not create adverse impacts to shoreline ecological
functions and /or processes;
f. The applicant restores and or /enhances the entire shoreline buffer,
including but not limited to raved areas no longer in use on the property.
to offset the impact of the change of use Per the vegetation management
standards of this program. This may include the restoration of paved
areas to vegetated area if no longer in use: and
g. The use complies with the conditional use permit criteria of this
Program.
The preference is to reduce exterior uses in the buffer to the maximum
extent possible.
B. Pre cxistingNon- conformin>3 Structures
Where a lawful structure exists at the effective date of adoption of the SMP that could not
be built under the terms of the SMP by reason of restrictions on height, buffers or other
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characteristics of the structure, it may be continued as an allowed, legal structure so long
as the structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases its
degree of nonconformity or increases its impacts to the functions and values
of the shoreline environment. Ordinary maintenance and repair of and
upgrades to a pre existingnon- conforming structure is permitted, including
but not limited to painting, roof repair and replacement, plumbing, wiring,
mechanical equipment repair /replacement, repaving and weatherization. These
and other alterations, additions or enlargements may be allowed as long as the
work done does not extend further into any required buffer, increase the
amount of impervious surface, or increase the impacts to the functions and
values of the shoreline environment. Complete plans shall be required of all
work contemplated under this section.
2. Should such structure be destroyed by any accidental means the structure may
be reconstructed to its original dimensions and location on the lot provided
application is made for permits within twelve (12) months of the date the
dainaae occurred and all reconstruction is completed within two years of
permit issuance. In the event that the property is redeveloped, such
redevelopment must be in conformity with the provisions of this SMP.
3. Should such structure be moved for any reason or any distance whatsoever, it
shall thereafter conform to the regulations of this SMP after it is moved.
4. When a pre cxistingnon- conforming structure, or structure and premises in
combination, is vacated or abandoned for 24 consecutive months, the
structure, or structure and premises in combination, shall thereafter be
required to be in conformance with the regulations of the SMP. Upon request
of the owner, prior to the end of the 24 consecutive months, and upon
reasonable cause shown, the City Council may grant an extension of time
beyond the 24 consecutive months per 14.5 C. The City Council shall
consider special circumstances and economic impacting the sale or ]case of
said structure.
5. Residential structures and uses located in any single family or multiple family
residential zoning district and in existence at the time of adoption of this SMP
shall not be deemed nonconforming in terms of height, use, or location
provisions of this title. Such buildings may be rebuilt after a fire or other
natural disaster to their original dimensions, location and height, but may not
be changed except as provided in the pre -end ngnon- conforming uses section
of this chapter.
6. Single family structures in single- or multiple family residential zone districts,
which have legally pre existingnon- conforming setbacks from the OHWM per
the SMP buffer, shall be allowed to expand the ground floor only along the
existing building line(s), so long as the existing distance from the nearest
point of the structure to the OHWM is not reduced, and the square footage of
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new intrusion into the buffer does not exceed 50% of the square footage of the
current intrusion. As a condition of approval a landscape plan showing
removal of invasive plant species within the entire shoreline buffer and
replanting with appropriate native species must be submitted to the City.
Maintenance of these plantings through the establishment period is required.
7. Within the shoreline jurisdiction, existing structures that do not meet the
requirements of the SMP may be remodeled, reconstructed or replaced,
provided that:
a. The new construction is within the original dimensions and location on
the lot;
b. The new construction does not further intrude into or adversely impact
the required buffer;
welfare; and
d. The structure otherwise meets the requirements of the SMn
c. The use or activity is enlarged. intensified. increased or altered only to
the minimum amount necessary to achieve the intended fimctional
purpose:
d. The reconstruction will not create adverse impacts to shoreline
ecological functions and/or processes:
e. For properties in non leveed portions of the river. the applicant re-
slopes the bank to a 2.5:1 or 3:1 angle as appropriate for the shoreline
environment designation and restores and/or enhances the entire shoreline
buffer. including but not limited to paved areas no longer in use on the
property. For properties behind levees that do not meet the minimum,
profile, restore and /or enhance the remaining buffer area and remove,
invasive vegetation and plant with native vegetation on the levee prism as
permitted by the COE: and
f. The property owner applies for and is granted approval of a Shoreline
Conditional Use Permit.
8. A prc e->istinanon- conforming —use, within a pre existingnon- conforming
structure, shall not be allowed to expand into any other portion of the
structure.
C. Reauests for Time Extension Nonconforming Uses and Structures
A property owner may request, prior to the end of the 24 consecutive months, an
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extension of time beyond the 24 consecutive months. Such a request (hall be
considered as a conditional use permit and may be approved only when:
1. For a nonconforming use. a finding is made that no reasonable alternative
conforming use is practical;
2. For a nonconforming structure. special economic circumstances prevent
the lease or sale of said structure within 24 months: and
3. The applicant restores and/or enhances the shoreline buffer on the property
to offset the impact of the continuation of the pre existing use. For
nonconforming uses, the amount of buffer to be restored and/or enhanced
will be determined based on the percentage of the existing building used
by the nonconforming use for which a time extension is being reauested.
Depending on the size of the area to be restored and /or enhanced. the
Director may require targeted plantings rather than a linear planting
arrangement. The vegetation management standards of this Program shall
be used for guidance on any restoration/enhancement. For nonconforming
structures, for each six month extension of time reauested, 15% of the
available buffer must be restored/enhanced..
Conditions may be attached to the permit that are deemed necessary to assure
compliance with the above findings, the reauirements of the master program and
the Shoreline Management Act and to assure that the use will not become a
nuisance or a hazard.
DE. Building Safety
Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a
safe condition of any pre existingnon- conforming building or part thereof declared to
be unsafe by order of any City official charged with protecting the public safety.
12. Alterations or expansion of a pre -exi non- conforming use which are
required by law or a public agency in order to comply with public health or
safety regulations are the only alterations or expansions allowed.
23-. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
1 ED. r-e cxistin °Non conforming Parking Lots
1. Nothing contained in this SMP shall be construed to require a change in any
aspect of a structure or facility covered thereunder including, without
limitation, parking lot layout, loading space requirements and curb -cuts, for
any structure or facility which existed on the date of adoption of this SMP.
2. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment less than 100 the requirements
of the SMP shall be complied with for the additional parking area.
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3. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment greater than 100 the
requirements of the SMP shall be complied with for the entire parking area.
1 FE. Pre existing Landscape Areas
1. Adoption of the vegetation protection and landscaping regulations contained
in this SMP shall not be construed to require a change in the landscape
improvements for any legal landscape area which existed on the date of
adoption of this SMP, unless and until the property is redeveloped or
alteration of the existing structure beyond the thresholds provided herein.
2. At such time as the property is redeveloped or the existing structure is altered
beyond the thresholds provided herein and the associated premises does not
comply with the vegetation protection and landscaping requirements of this
SMP, a landscape plan which conforms to the requirements of this SMP shall
be submitted to the Director for approval.
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