Chapter 21.84
TYPE 3 QUASI-JUDICIAL DECISIONS
Sections:
21.84.010 Nonadministrative conditional use permit.
21.84.030 Reasonable use permit/public entity critical area exception.
21.84.040 Shoreline conditional use permit.
21.84.060 Site-specific rezone.
21.84.010 Nonadministrative conditional use permit.
(1) Applicant. Any owner may apply for a nonadministrative conditional use permit.
(2) Applicability. A nonadministrative conditional use permit is required for uses and activities that are:
(a) Listed or referenced as requiring a conditional use permit; and
(b) Involving one or more of the following:
(i) Nonresidential construction of new or conversion of existing space involving 5,000 square feet or more of total gross floor area, excluding accessory off-street parking structures; or
(ii) New construction involving five or more dwelling units on R-1 through R-8 zoned properties; or
(iii) New construction involving 10 or more dwelling units on all other zoned properties.
(3) Procedures. A nonadministrative conditional use permit application is processed as a Type 3 decision consistent with WMC 21.80.050.
(4) Decision Criteria. The decision authority may approve a nonadministrative conditional use permit if the following criteria are satisfied:
(a) The use complies with the adopted goals and policies set forth in the Comprehensive Plan;
(b) The use is designed in a manner compatible with the character and appearance of existing development nearby the subject property;
(c) The use complies with all applicable zoning and development standards and requirements; and
(d) The use will have no materially detrimental effects on neighboring properties caused by excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties.
(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)
21.84.020 Flood variance.
(1) Applicant. Any owner may apply for a flood variance.
(2) Procedures. A flood variance is processed as a Type 3 decision consistent with WMC 21.80.050.
(3) Applicability. A flood variance may be requested for relief from floodplain management regulation prescribed in Chapter 21.53 WMC.
(4) Limitations.
(a) A flood variance may be granted only where physical characteristics are so unusual that compliance with the floodplain management regulations would create an exceptional hardship to the property owner or the surrounding property owners.
(b) The characteristics must be unique to the property and not shared by adjacent parcels and must pertain to the land itself and not the structure, its inhabitants, or the property owners.
(c) Evidence of other flood variances granted under similar circumstances shall not be considered in the granting of a flood variance.
(5) Requirements for a Flood Variance. A flood variance may only be issued if:
(a) Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other applicable laws and ordinances;
(b) For repair, rehabilitation, or restoration of historic structures, the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;
(c) The variance is the minimum necessary, considering the flood hazard, to afford relief;
(d) The applicant demonstrates a good and sufficient cause for granting the variance;
(e) Failure to grant the variance would result in exceptional hardship to the property owner;
(f) The applicant demonstrates that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water and is a functionally dependent use;
(g) The variance is not issued within any floodway if any increase in flood levels during the base flood discharge would result; and
(h) New construction and substantial improvements to be erected should be on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, except as the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(6) Criteria for Approval. The decision authority shall consider all technical evaluations, all relevant factors, all applicable standards set forth in the floodplain management regulations and the following in deciding a flood variance application:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the City;
(i) The safety of access to the property in time of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.
(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.
(8) Noticing. Any property owner to whom a flood variance is granted shall be given written notice over the signature of the Director that:
(a) The issuance of a flood variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance as high as $25.00 for $100.00 of insurance coverage; and
(b) Such construction below the base flood elevation increases risks to life and property. (Ord. 706 § 47 (Att. A), 2020)
21.84.030 Reasonable use permit/public entity critical area exception.
(1) Applicant. Any owner may apply for a reasonable use permit; any public agency or public utility may apply for a public entity critical area exception.
(2) Applicability. This section applies in the following manner, excluding areas located within shoreline jurisdiction:
(a) For property owners, application of Chapter 21.51 WMC would deny all reasonable use of the subject property; or
(b) For public agencies or public utilities, application of Chapter 21.51 WMC would prohibit a development proposal.
(3) Procedures. Reasonable use permits and public entity critical area exceptions are processed as a Type 3 decision consistent with WMC 21.80.050.
(4) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.080, an application for a reasonable use permit or public entity critical area exception shall include the following:
(a) Critical area report that is consistent with the requirements set forth in WMC 21.51.110;
(b) Mitigation plan consistent with the requirements in Chapter 21.51 WMC, if necessary;
(c) Applications/approvals from other agencies, as applicable;
(d) Special studies prepared to support the decision; and
(e) SEPA documents.
(5) Criteria for Approval. The decision authority may approve a reasonable use permit or a public entity critical area exception if:
(a) For a reasonable use permit, the following criteria are satisfied:
(i) The application of the critical area regulation would deny all reasonable use of the property;
(ii) The proposed development does not pose an unreasonable threat to the public health, safety, or welfare, nor does it damage nearby public or private property;
(iii) Any alteration of the critical area and/or buffer is the minimum necessary to allow for reasonable use of the property;
(iv) Any impacts permitted to the critical area and/or buffers are mitigated in accordance with WMC 21.51.120 to the greatest extent feasible;
(v) The proposed development protects the critical area and/or buffer functions and values consistent with best available science; and
(vi) The proposed development is consistent with other applicable regulations and requirements.
(b) For a public entity critical area exception, the following criteria are satisfied:
(i) There is no other practical alternative to the proposed development with less impact on the critical area;
(ii) The application of this chapter would unreasonably restrict the agency’s or utility’s ability to provide services to the public;
(iii) Any impacts permitted to the critical area are mitigated in accordance with WMC 21.51.120 to the greatest extent possible;
(iv) The proposed development protects and/or enhances critical areas and buffer functions and values consistent with best available science; and
(v) The proposed development is consistent with other applicable regulations and requirements.
(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)
21.84.040 Shoreline conditional use permit.
(1) Applicant. Any owner may apply for a shoreline conditional use permit.
(2) Purpose. The purpose of a shoreline conditional use permit is to provide a system within the Woodinville Shoreline Master Program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020.
(3) Applicability. The following may be permitted if a shoreline conditional use permit is approved:
(a) Uses listed as a conditional use in the Woodinville Shoreline Master Program; or
(b) Uses which are not classified or specifically prohibited in the Woodinville Shoreline Master program provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the Woodinville Shoreline Master Program.
(4) Procedures.
(a) Shoreline conditional use permits are processed as a Type 3 decision consistent with WMC 21.80.050; and
(b) Shoreline conditional use permits approved by the decision authority are transmitted by City staff to the Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval with conditions, or denial.
(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.080, an application for a shoreline conditional use permit shall include the following:
(a) The site plan shall include:
(i) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;
(ii) Identification of the shoreline water body;
(iii) A general description of the property as it now exists, including physical characteristics and improvements and structures;
(iv) A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;
(v) Identification of the ordinary high-water mark:
(A) This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high-water mark, the mark shall be located precisely and the biological and hydrological basis for the mark’s location as indicated on the plans shall be included in the development plan;
(B) Where the ordinary high-water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline;
(vi) Existing and proposed land contours with minimum two-foot elevation intervals;
(vii) A general description of the character of vegetation found on the site;
(viii) The dimensions and locations of all existing and proposed structures and improvements;
(b) A landscaping and/or restoration plan, as applicable;
(c) Mitigation measures, as applicable;
(d) Quantity, source and composition of all fill material that is placed on the site, whether temporary or permanent;
(e) Quantity, composition and destination of all excavated and/or dredged material; and
(f) Additional submittal information set forth in the Woodinville Shoreline Master Program for the use.
(6) Criteria for Approval. The decision authority may approve a shoreline conditional use permit if the following criteria are satisfied:
(a) That the proposed use is consistent with the policies set forth in RCW 90.58.020 and the Woodinville 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 is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Woodinville Shoreline Master Program;
(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.
In the granting of a shoreline conditional use permit, consideration shall be given to the cumulative impact of additional requests for like actions in the area.
(7) Conditions of Approval. The decision authority and the Washington State Department of Ecology may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Woodinville Shoreline Master Program.
(8) Revisions to Permit. Revisions to a shoreline conditional use permit are pursuant to WAC 173-27-100. (Ord. 706 § 47 (Att. A), 2020)
21.84.050 Shoreline variance.
(1) Applicant. Any owner may apply for a shoreline variance.
(2) Purpose. The purpose for a shoreline variance is to provide a mechanism strictly limited to granting relief where there are extraordinary circumstances relating to the physical character or configuration of property.
(3) Applicability. Shoreline variances may be granted for relief from specific bulk dimensional or performance standards set forth in the Woodinville Shoreline Master Program where the requirement of such will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020 and the Woodinville Shoreline Master Program.
(4) Procedures.
(a) Shoreline variances are processed as a Type 3 decision consistent with WMC 21.80.050; and
(b) Shoreline variances approved by the decision authority are transmitted by City staff to the Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval with conditions, or denial.
(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.080, an application for a shoreline variance shall include the following:
(a) The site plan shall include:
(i) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;
(ii) Identification of the shoreline water body;
(iii) A general description of the property as it now exists, including physical characteristics and improvements and structures;
(iv) A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;
(v) Identification of the ordinary high-water mark:
(A) This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high-water mark, the mark shall be located precisely and the biological and hydrological basis for the mark’s location as indicated on the plans shall be included in the development plan;
(B) Where the ordinary high-water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline;
(vi) Existing and proposed land contours with minimum two-foot elevation intervals;
(vii) A general description of the character of vegetation found on the site;
(viii) The dimensions and locations of all existing and proposed structures and improvements;
(b) A landscaping and/or restoration plan, as applicable;
(c) Mitigation measures, as applicable;
(d) Quantity, source and composition of all fill material that is placed on the site, whether temporary or permanent;
(e) Quantity, composition and destination of all excavated or dredged material; and
(f) A site plan that clearly indicates where development may occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses.
(6) Criteria for Approval. The decision authority may approve a shoreline variance if the following criteria are satisfied:
(a) Where the variance is for development landward of the ordinary high water mark the following approval criteria shall apply:
(i) That the strict application of the bulk, dimensional or performance standards set forth in the Woodinville Shoreline Master Program precludes, or significantly interferes with, reasonable use of the property;
(ii) That the hardship described in subsection (6)(a)(i) of this section 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;
(iii) 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 Woodinville Shoreline Master Program and will not cause adverse impacts to the shoreline environment;
(iv) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;
(v) That the variance requested is the minimum necessary to afford relief; and
(vi) That the public interest will suffer no substantial detrimental effect.
(b) Where the variance is for development waterward of the ordinary high-water mark the following approval criteria shall apply:
(i) That the strict application of the bulk, dimensional or performance standards set forth in the Woodinville Shoreline Master Program precludes all reasonable use of the property;
(ii) That the hardship described in subsection (6)(b)(i) of this section 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;
(iii) 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 Woodinville Shoreline Master Program and will not cause adverse impacts to the shoreline environment;
(iv) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;
(v) That the variance requested is the minimum necessary to afford relief;
(vi) That the public interest will suffer no substantial detrimental effect; and
(vii) That the public rights of navigation and use of the shorelines will not be adversely affected.
(c) In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area.
(7) Conditions of Approval. The decision authority may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Woodinville Shoreline Master Program.
(8) Revisions to Permit. Revisions to a shoreline conditional use permit shall be consistent with WAC 173-27-100. (Ord. 706 § 47 (Att. A), 2020)
21.84.060 Site-specific rezone.
(1) Applicant. Any owner may apply for a site-specific rezone.
(2) Purpose. A site-specific rezone is a mechanism for site-specific reclassification of property or properties from one zoning district to another zoning district. The new zone must be consistent with the Comprehensive Plan and approval of such requests results in a change to the official Woodinville zoning map.
(3) Applicability. A site-specific rezone is an amendment of the official Woodinville zoning map that is site-specific in nature and does not involve area-wide zoning map amendments as prescribed in Chapter 21.87 WMC.
(4) Procedures. Site-specific rezone applications are processed as Type 3 decisions consistent with WMC 21.80.050 and the following:
(a) The Hearing Examiner holds an open-record public hearing and makes a written recommendation consistent with WMC 21.80.190(3) to the City Council;
(b) The Hearing Examiner’s written recommendation is issued within the timeline set forth in WMC 21.80.190(1)(c);
(c) The City Council considers the Hearing Examiner’s written recommendation at a public meeting within 30 days after the Hearing Examiner issues a written recommendation;
(d) The City Council decides the site-specific rezone application at a closed-record meeting.
(5) Limitations. If a Comprehensive Plan amendment is required to satisfy subsection (6)(a) of this section, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone.
(6) Approval Criteria. The City Council may approve a site-specific rezone if the following criteria are satisfied:
(a) The rezone is consistent with the Comprehensive Plan, or will be consistent with the Comprehensive Plan if a Comprehensive Plan amendment is proposed to be approved concurrently with the rezone approval;
(b) The zone reclassification is consistent and compatible with uses and zoning of the surrounding properties;
(c) The rezone will advance the public health, general welfare and safety and will not have adverse impacts on adjacent properties;
(d) The rezone is necessary because either:
(i) Conditions in the immediate vicinity or neighborhood have changed that it is in the public interest to approve the rezone; or
(ii) The rezone will correct a zone classification or zone boundary that was incorrect when established; or
(iii) There is a demonstrated need for additional zoning as the type proposed; and
(e) The rezone is in the public interest. (Ord. 706 § 47 (Att. A), 2020)
21.84.070 Special use permit.
(1) Applicant. Any owner may apply for a special use permit.
(2) Applicability. A special use permit is required for uses and activities listed or referenced as requiring a special use permit or meeting the definition of an essential public facility.
(3) Procedures. A special use permit application is processed as a Type 3 decision consistent with WMC 21.80.050.
(4) Decision Criteria. The decision authority may approve a special use permit if the following criteria are satisfied:
(a) The use complies with the adopted goals and policies set forth in the Comprehensive Plan;
(b) The use is designed in a manner compatible with the character and appearance of the types of uses permitted in the surrounding areas;
(c) The use complies with all applicable zoning and development standards and requirements;
(d) The use will have no materially detrimental effects on neighboring properties caused by excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties; and
(e) Where applicable, the use meets the requirements for the siting of essential public facilities set forth in the Comprehensive Plan.
(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.
(6) Revisions. Amendments to a special use permit shall be processed as Type 3 decisions consistent with the procedures set forth for special use permits. (Ord. 706 § 47 (Att. A), 2020)
21.84.080 Variance.
(1) Applicant. Any owner may apply for a variance.
(2) Purpose. The purpose for a variance is to provide property owners relief from certain provisions of this title where conditions justify such relief on a case-by-case basis.
(3) Procedures. A variance application is processed as a Type 3 decision consistent with WMC 21.80.050.
(4) Applicability. Circumstances where relief from a dimensional standard is sought subject to the limitations set forth in subsection (5) of this section.
(5) Limitations.
(a) A variance may be granted where the application of a dimensional standard would result in an unusual or unreasonable hardship due to physical characteristics of the site;
(b) Evidence of other variances granted under similar circumstances shall not be considered in the granting of a variance; and
(c) No variance shall be granted for any of the following:
(i) To alter any definition or interpretation of this title;
(ii) To alter any provision establishing a use within a zoning district; or
(iii) To alter any procedural provisions.
(6) Criteria for Approval. The decision authority may approve a variance if the following criteria are satisfied:
(a) The variance does not constitute a granting of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; and
(b) The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
(c) The variance is necessary to relieve a material hardship that cannot be relieved by any other means such that the material hardship must relate to the land itself and not to problems personal to the applicant; and
(d) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)