HomeMy WebLinkAbout8 - SMP Variance Permit Criteria JCC 18.25.580 PrintoutJefferson County Code
(3) No statement of exemption shall be required
for other exempt uses or developments unless the
administrator has cause to believe a substantial
question exists as to qualifications of the specific
use or development for the exemption, or the
administrator determines there is a likelihood of
adverse impacts to shoreline ecological functions.
(4) Whenever the exempt activity also requires
a U.S. Army Corps of Engineers Section 10 permit
under the Rivers and Harbors Act of 1899 or a Sec-
tion 404 permit under the Federal Water Pollution
Control Act of 1972, a copy of the written state-
ment of exemption shall be sent to the appli-
cantlproponent and Ecology pursuant to WAC
173-27-050. [Ord. 7-13 Exh. A (Art. IX § 4)]
18.25.580 Variance permit criteria.
(1) The purpose of a variance is to grant relief
to specific bulls or dimensional requirements set
forth in this program where there are extraordinary
or -unique circumstances relating to the property
such that the strict implementation of this program
would impose unnecessary hardships on the appli-
cant/proponent or thwart the policies set forth in
RCW 90.58.020. Use restrictions may not be var-
ied. In authorizing a variance, special conditions
may be attached to the permit by the county or the
Department of Ecology to control any undesirable
effects of the proposed use. Final authority for vari-
ance permit decisions shall be granted by the
Department of Ecology.
(2) Variances will be granted in any circum-
stance where denial would result in a thwarting of
the policy enumerated in RCW 90.58.020. In all
instances extraordinary circumstances shall be
shown and the public interest shall suffer no sub-
stantial detrimental effect.
(3) Variances may be authorized, provided the
applicant/proponent can demonstrate all of the fol-
lowing:
(a) That the strict application of the bulk or
dimensional criteria set forth in this program pre-
cludes or significantly interferes with a reasonable
permitted use of the property;
(b) That the hardship described above is
specifically related to the property, and is the result
of conditions such as irregular lot shape, size, or
natural features and the application of this pro-
gram, and not, for example, from deed restrictions
or the applicant's/proponent's own actions;
(c) That the design of the project will be
compatible with other permitted activities in the
area and will not cause adverse effects on adjacent
properties or the shoreline environment;
18.25.590
(d) That the variance authorized does not
constitute a grant of special privilege not enjoyed
by the other properties in the area, and will be the
minimum necessary to afford relief,
(e) That the public interest will suffer no
substantial detrimental effect;
(f) That the public rights of navigation and
use of the shorelines will not be materially inter-
fered with by the granting of the variance; and
(g) Mitigation is provided to offset unavoid-
able adverse impacts caused by the proposed
development or use.
(4) In the granting of all variances, consider-
ation shall be given to the cumulative environmen-
tal impact of additional requests for like actions in
the area. For example, if variances were granted to
other developments in the area where similar cir-
cumstances exist, the total of the variances should
also remain consistent with the policies of RCW
90.58.020 and should not produce significant
adverse effects to the shoreline ecological func-
tions and processes or other users.
(5) Other factors that may be considered in the
review of variance requests include the conserva-
tion of valuable natural resources and the protec-
tion of views from nearby roads, surrounding
properties and public areas. In addition, variance
requests based on the applicant's/proponent's
desire to enhance the view from the subject devel-
opment may be granted where there are no likely
detrimental effects to existing or future users, other
features or shoreline ecological functions and/or
processes, and where reasonable alternatives of
equal or greater consistency with this program are
not available. In platted residential areas, variances
shall not be granted that allow a greater height or
lesser shore setback than what is typical for the
immediate block or area.
(6) Permits and/or variances applied for or
approved under other county codes shall not be
construed as shoreline permits under this program.
[Ord. 7-13 Exh. A (Art. IX § 5)]
18.25.590 Conditional use permit criteria.
(1) The purpose of a conditional use permit is to
allow greater flexibility in administering the use
regulations of this 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 county or the Depart-
ment of Ecology to control any undesirable effects
of the proposed use. Final authority for conditional
use permit decisions rests with the Department of
Ecology.
18-168.51 (Revised 3/14)
WAC 173-27-170: Review criteria for variance permits. Pagel of 2
WAC 173-27-170
Review criteria for variance permits.
The purpose of a variance permit is strictly limited to granting relief from specific bulk,
dimensional or performance standards set forth in the applicable master program where there
are extraordinary 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 policies set forth in RCW 90.58.020.
(1) 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 shall be shown and the public interest
shall suffer no substantial detrimental effect.
(2) Variance permits for development and/or uses that will be located landward of the
ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(c), and/or landward of
any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant
can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes, or significantly interferes with, reasonable use of the
property;
(b) That the hardship described in (a) of this subsection 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, for example, from deed
restrictions or the applicant's own actions;
(c) That the 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 shoreline master
program and will not cause adverse impacts to the shoreline environment;
(d) That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
(e) That the variance requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no substantial detrimental effect.
(3) Variance permits for development and/or uses that will be located waterward of the
ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(c), or within any wetland
as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can
demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes all reasonable use of the property;
(b) That the proposal is consistent with the criteria established under subsection (2)(b)
through (f) of this section; and
(c) That the public rights of navigation and use of the shorelines will not be adversely
affected.
(4) In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area. For example if variances were
granted to other developments and/or uses in the area where similar circumstances exist the
total of the variances shall also remain consistent with the policies of RCW 90.58.020 and
shall not cause substantial adverse effects to the shoreline environment.
(5) Variances from the use regulations of the master program are prohibited.
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-27-170 10/5/2017
WAC 173-27-170: Review criteria for variance permits.
Page 2 of 2
[Statutory Authority: Chapter 90.58 RCW. WSR 17-17-016 (Order 15-06), § 173-27-170, filed
8/7/17, effective 9/7/17. Statutory Authority: RCW 90.58.140(3) and [90.58].200. WSR 96-20-
075 (Order 95-17), § 173-27-170, filed 9/30/96, effective 10/31/96.]
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-27-170
10/5/2017