HomeMy WebLinkAboutCOW 2011-06-27 Item 4A - Shoreline Master Program - Ordinance - Attachment A.14: Administration 14. 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 Proeram 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:
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 floodway shall not include those lands that have
historically been protected by flood control devices and therefore
have not been subject to flooding with reasonable regularity.
B. Applicability
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.
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B. Exemptions
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.
C. A substantial develor)inent hermit shall be ;;ranted only when the develoornent
vr000sed is consistent witli this shoreline master nroualn..
14.3 Shoreline Conditional Use Permit
A. Purpose
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 Permit shall comply with all current permit
application procedures.
D. Approval Criteria
1. Uses classified as conditional uses may be authorized, provided that the
applicant can demonstrate all of the following:
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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.
14.4 Shoreline Variance Permits
A. Purpose
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.
B. Application requirements
Applicants for a Shoreline Variance shall comply with all current permit application
procedures.
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
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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.
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.
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14.5 Non- conforminLy Development
A. Non conforming 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 non conforming use, so long as that use remains
lawful, subject to the following:
1. No such non conforming 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;
2. No non conforming 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 non conforming 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, per 14.5 C.
4. If a change of use is proposed to a use determined to be non conforming 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 Permit
process. For purposes of implementing this section, a change of use
constitutes a change from one Permitted, Conditional Use category to another
such use category as listed within the zoning eed-e use matrix.
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:
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 paved areas no longer in use on the
property, to offset the impact of the change of use per the vegetation
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management standards of this program. This may include the
restoration of paved areas to vegetated area if no longer in use.
The preference is to reduce exterior uses in the buffer to the maximum extent possible.
B. Non conforming 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
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. Such structures may be repaired, maintained, upgraded and altered provided
that (1) the structure may not 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 except as authorized in TMC Section
18.66.120; and (2) the cost of the alterations may not exceed an aggregate cost
of fifty percent (50 of the value of the building or structure in any three (3)
year period based upon its most recent assessment, unless the amount over
fifty percent (50 is used to make the building or structure more conforming,
or is used to restore to a safe condition any portion of a building or structure
declared unsafe by a proper authority.
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
damage 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 non 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.
5. Residential structures and located in any Shoreline Residential
Environment single famil m ultiple fa id zen a' t and
in existence at the time of adoption of this SMP shall not be deemed
nonconforming in terms of height, residential 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
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as provided in the non conforming uses section of this chapter.
6. Single family structures in the Shoreline Residential Environment 0i
mu lti p le l 4: r s dis4fiets which have legally non conforming
.i �r ire urr
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 new intrusion into the buffer does not exceed 50%
of the square footage of the current intrusion. As a condition of building
permit 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 recommended.
7. For the purposes of this section, altered or partially reconstructed is defined as
work that does not exceed 50% of the assessed valuation of the building over
a three year period.
8. A non conforming —use, within a non conforming structure, shall not be
allowed to expand into any other portion of the structure.
C. Requests for Time Extension Nonconforming Uses and Structures
A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request 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 requested.
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 requested, 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 requirements of the master program and
the Shoreline Management Act and to assure that the use will not become a
nuisance or a hazard.
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D. Building Safety
Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe
condition of any non conforming building or part thereof declared to be unsafe by
order of any City official charged with protecting the public safety.
1. Alterations or expansion of a non conforming structure, that 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.
2. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
E. 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.
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.
F. Non conforming 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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