THURSTON COUNTY TITLE 19 - SHORELINE MASTER PROGRAM (EXTRACTED FROM THURSTON COUNTY CODE WEBSITE)

THURSTON COUNTY TITLE 19 - SHORELINE MASTER PROGRAM (EXTRACTED FROM THURSTON COUNTY CODE WEBSITE).

Chapter 19.01 SUPERSESSION

Chapter 19.04 SHORELINE SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE AND VARIANCE PERMITS

Chapter 19.08 AMENDMENTS

Chapter 19.12 APPEALS OF ADMINISTRATIVE DECISIONS

Chapter 19.14 PERMIT APPROVAL LIMITATIONS

19.01.010 Portions designated. Pursuant to the authority of the Shoreline Master Program for the Thurston Region and Chapter RCW 90.58, the Shoreline Management Act, this title constitutes a local ordinance and supersedes the following portions of the Shoreline Master Program for the Thurston Region: parts 5, 6, 7, 8, 9, 10, 11, 13 and 15 of Section VII, “Definitions and Administration.” The provisions of the master program and this title are supplementary to the provisions of Chapter 90.58 RCW and Title 173 WAC. (Ord. 6996 § 3 (part), 1981)

19.04.010 Procedure--Appeals.

(a) Applications for shoreline substantial development permits, conditional use permits, and variance permits are subject to and shall be processed pursuant to Chapter 173-14 WAC as now or hereafter amended, and as provided below.

(b) Applications for shoreline substantial development, conditional use, and variance permits shall be submitted to the planning department on forms supplied by the department. The application shall contain the information required by WAC 173-14-110 and such other information as may be required by the department. The applicant shall pay to the department the application fee prescribed by the approved fee schedule. In addition to the application fee, the applicant may have to pay fees for environmental analysis pursuant to RCW 43.21C (SEPA), and for other necessary actions or approvals.

(c) Pursuant to WAC 173-14-080, a public hearing shall be held by the Thurston County hearing examiner to hear and render a decision regarding applications identified in subsection (a).

(d) Pursuant to WAC 173-14-070, notice of the application and hearing shall be published in the manner prescribed therein and mailed to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the subject property, ten days before the hearing. In addition, the planning department in its discretion may give notice in any other manner deemed appropriate.

(e) The decision of the hearing examiner may be appealed to the board of county commissioners pursuant to Chapter 2.06, Thurston County Code, and the decision of the board may be appealed to the shorelines hearing board pursuant to WAC 173-14-170.

(f) Pursuant to WAC 173-14-060 and 173-14-064, the planning director or his designee shall review and decide requests for time extensions and permit revisions. The decision of the director may be appealed pursuant to Section 19.12.010. (Ord. 6996 § 3 (part), 1981)

19.08.010 Procedure.

(a) Amendments to the shoreline master program, including changes in mapped environmental designations, shall be processed pursuant to Chapter 173-19 WAC as now or hereafter amended, and as provided below.

(b) Applications for proposed amendments shall be submitted to the planning department on forms supplied by the department. The applicant shall pay to the department the application fee prescribed by the approved fee schedule. In addition to the application fee, the applicant may have to pay fees for environmental analysis pursuant to RCW 43.21C (SEPA), and for other necessary actions or approvals.

(c) The board of county commissioners shall hold the public hearing prescribed by WAC 173-19-062(1). The board shall refer a proposed amendment to the planning commission for a recommendation. If the planning commission elects to hold a public hearing, a notice of the hearing shall be given in the same manner as the hearing held by the board.

(d) If the proposed amendment is a map change of environmental designation, regardless of the size or number of parcels affected, or regardless of whether the applicant is a private person or governmental agency, notice of the proposed amendment shall be mailed to all the owners of the property which is proposed for redesignation, as shown by the records of the county assessor. In addition, notice shall be mailed to all the owners of property which lies within three hundred feet of the boundary of the property proposed for redesignation. Notices given pursuant to this subsection shall be mailed at least ten calendar days before the date of the hearing. The applicant shall furnish to the planning department the names and addresses of property owners who are to receive notice.

(e) (1) Any judicial action to review the amendment of the master program shall be commenced within thirty days from the date the Department of Ecology order adopting the amendment is filed with the state Code Reviser. Any judicial action to review a decision not to amend the master program shall be commenced within thirty days from the date of the board of county commissioner decision not to amend.

(2) The plaintiff bringing any such action shall pay the full cost of transcription of the record prepared for judicial review. (Ord. 6996 § 3 (part), 1981)

19.12.010 Filing--Decision.

(a) Any aggrieved person may appeal an administrative decision made pursuant to the master program by filing a written appeal with the planning department within ten days from the date of decision. The appeal shall be filed on forms prescribed by the department and the appellant shall pay to the department the appeal fee prescribed by the approved fee schedule.

(b) Appeals of administrative decisions shall be decided by the hearing examiner, after public hearing, and shall be subject to the provisions of Chapter 2.06, Thurston County Code. Notice of the hearing shall be mailed to the appellant and may be mailed to any other person who the planning department believes may be affected by or interested in the appeal. Notice shall be mailed not later than ten days before the hearing. (Ord. 6996 § 3 (part), 1981)

19.14.010 Permit approval limitations.

No permit or approval shall be granted pursuant to this title if there exists on the subject property any land use violation known by the approval authority unless expressly authorized by this section. For purposes of this section, a land use violation is any violation of the Thurston County Critical Areas Ordinance (Chapter 17.15 of the Thurston County Code), Thurston County Forest Land Conversion Ordinance (Chapter 17.25 of the Thurston County Code), Thurston County Zoning Ordinance (Titles 20, 21, 22 and 23 of the Thurston County Code), Thurston County Platting and Subdivision Ordinance (Title 18 of the Thurston County Code), Sanitary Code for Thurston County, Shoreline Master Program for the Thurston Region or Title 14 of the Thurston County Code (Buildings and Construction).

A permit or approval may be granted if conditioned on having the violation remedied within a reasonable time as provided by the approval authority. If a permit or approval is conditioned on remedial action, security in the form of a letter of credit or similar instrument shall be required unless waived by the approval authority for good cause. This section shall not apply to requests for a permit or approval to remedy a violation. (Ord. 12761 § 6, 2002)