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The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations 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 of Bothell or the Washington State Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Act and the Bothell SMP. A shoreline conditional use permit is required for any development described as conditional within BMC 13.07.080 and WAC 173-27-030(4).

A. Applications for a shoreline conditional use permit shall follow the procedures for a Type III development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.

B. Applications for a shoreline conditional use permit shall provide for the following:

1. The information as stipulated within BMC 13.17.080(B).

2. Notice of Application and Comment Period.

a. In addition to the notice of application content established in BMC 11.06.004, notice of applications for shoreline conditional use permits must also contain the information required under WAC 173-27-110.

b. The minimum notice of application comment period for shoreline conditional use permits shall be no fewer than 30 days.

C. Notice of Hearing. The shoreline administrator shall distribute notice of the public hearing at least 21 and no more than 30 calendar days before the public hearing.

D. Criteria for Approval. In addition to criteria identified in BMC 13.17.090(B)(3), the following criteria for approval shall apply:

1. The hearing examiner shall ensure that WAC 173-27-140, 173-27-060, and the following review criteria are met prior to issuing a shoreline conditional use permit:

a. No authorization to undertake use or development on shorelines of the state shall be granted by the city unless upon review the use or development is determined to be consistent with the policy and provisions of the SMA and the Bothell SMP;

b. That the proposed use is consistent with the policies of RCW 90.58.020 and the Bothell SMP and this title;

c. That the proposed use will not interfere with the normal public use of public shorelines;

d. 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 Imagine Bothell… Comprehensive Plan and Bothell SMP;

e. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

f. That the public interest suffers no substantial detrimental effect.

g. The city will not issue a conditional use permit for a use which is not listed as allowable in the SMP unless the applicant can demonstrate that the proposed use has adverse impacts on nearby uses and the environment essentially the same as the impacts that would result from a use allowed by the SMP in that shoreline environment.

2. The city shall ensure that 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.

E. Other uses which are not classified or set forth in the applicable master program 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 the Bothell SMP.

F. Uses which are specifically prohibited by BMC 13.07.080 or the Bothell SMP shall not be authorized as a shoreline conditional use or shoreline variance permit.

G. Decision Process.

1. Once the city has approved a conditional use permit it will be forwarded to the state Department of Ecology for its review and approval/disapproval jurisdiction under WAC 173-27-200.

2. The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision was filed as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of filing as defined in RCW 90.58.140(6).

3. Appeals of a shoreline conditional use permit shall be to the state Shorelines Hearings Board and shall be filed within 21 days of the date the decision of the Department of Ecology is transmitted by the Department of Ecology to the city.

H. Effect of Decision. For shoreline conditional use permits, no final action or construction shall be taken until the termination of all review proceedings initiated within 21 days from the date Department of Ecology transmits its decision on the shoreline conditional use permit.

I. Complete Compliance Required.

1. General. Except as specified in subsection (I)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter in order to do everything authorized by that approval.

2. Exception – Subsequent Revision. BMC 13.17.130 and WAC 173-27-100 establish the procedure and criteria under which the city may approve a revision to a permit issued under the SMA and this chapter.

J. Time Limits. Construction and activities authorized by a shoreline conditional use permit are subject to the time limitations under WAC 173-27-090. (Ord. 2280 § 14, 2019; Ord. 2112 § 3 (Exh. C), 2013).