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A. Determinations of Conditional Use Permits.

1. Uses specifically classified or set forth in this shoreline master program as conditional uses shall be subject to review and condition by the planning commission and/or town council and by the Department of Ecology.

2. Other uses which are not classified or listed or set forth in this SMP may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in this SMP.

3. Uses which are specifically prohibited by this SMP may not be authorized as a conditional use.

B. Review Criteria.

1. An applicant proposing a conditional use shall demonstrate compliance with review criteria below or as thereafter amended in WAC 173-27-160.

a. Is the proposed use consistent with the policies of RCW 90.58.020 and this SMP?

b. Will the proposed use interfere with the normal public use of public shorelines?

c. Will the proposed use of the site and design of the project be compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and this SMP?

d. Will the proposed use cause no significant adverse effects to the shoreline environment in which it is to be located?

e. Will the public interest suffer no substantial detrimental effect?

2. Applicants proposing to exceed maximum height limits shall also comply with the following criteria:

a. Does the building or structure impact a substantial number of residences? Are the residences involved on or in an area adjoining the project area? Does the building or structure exceed 35 feet in height? Is there an obstruction of view?

b. Has the applicant demonstrated through photographs, videos, photo-based simulations, or computer-generated simulations that the proposed development will obstruct less than 30 percent of the view of the shoreline enjoyed by a substantial number of residences or from public properties on areas adjoining such shorelines?

c. Has the applicant located and oriented structures on the subject property in a manner that diminishes the potential view impact? For example, side yard setbacks may need to be increased. No side yard setbacks shall be reduced to accommodate the proposed structure.

d. Has the applicant demonstrated extraordinary circumstances?

e. To address “overriding considerations of the public,” has the applicant prepared a cumulative impacts analysis that documents the public benefits served by issuance of a conditional use permit?

3. 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 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.

4. The applicant shall prepare a cumulative impact analysis documenting other properties or uses on the same waterbody that are similarly situated and could request a similar conditional use permit. The town shall determine whether the additional potential for conditional use permits will produce substantial adverse effects to the shoreline environment considering the characteristics of the proposed use, the ability to achieve no-net-loss of ecological function principles, and capability of accommodating preferred shoreline uses in the future if the conditional use and cumulative potential requests occur.

5. For requests to exceed maximum heights, the analysis shall address such considerations as cumulative view obstruction results of height adjustments (within a 1,000-foot radius) of the proposed development combined with those of other developments that exceed the 35-foot height limitation, environmental benefits (enhancement or restoration), public access/open space benefits, and economic benefits. The cumulative impact analysis shall address overall views that are lost, compromised, and/or retained; available view corridors; and surface water views lost, compromised, and/or retained.

C. Conditions of Approval. In authorizing a conditional use, special conditions may be attached to the permit by the town or Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Act and this SMP. Additionally, nothing shall interfere with each local government’s ability to require compliance with all other applicable laws and plans. Mitigation for impacts to ecological function resulting from a variance will be required. [Ord. 580 Att. A § 7.9, 2019.]