35.05.090 Classification of shoreline uses and developments.
(1) Shoreline uses and developments shall be classified as follows:
(a) Permitted Uses and Developments. Uses and developments that are consistent with this Program and Chapter 90.58 RCW. Applicants proposing such uses/developments shall be required to obtain from the County one or more of the following authorizations: a shoreline substantial development permit per CCC 35.50.030, a shoreline conditional use permit per CCC 35.50.040, a shoreline variance per CCC 35.50.050, or a statement from the County Community Development Department that the use/development is exempt from a shoreline substantial development permit per CCC 35.50.070.
(b) Prohibited Uses and Developments. Uses and developments that are inconsistent with this Program and/or Chapter 90.58 RCW and which cannot be allowed through any permit or variance.
(c) Grandfathered Uses and Developments. Existing uses and developments that were legally established prior to the effective date of this Program shall be allowed to continue without modification; provided, that redevelopment, expansion, change of use, or replacement of such uses/developments shall be regulated according to Article I of Chapter 35.25 CCC.
(2) All proposed shoreline uses and development activities occurring within shoreline jurisdiction shall comply with this Program and Chapter 90.58 RCW whether or not a shoreline permit is required.
(3) Classification of a use or development as permitted does not necessarily mean the use/development is allowed outright. It means the use/development may be allowed if it is implemented according to the policies and regulations of this Program. Permitted uses and developments are subject to review and approval by the County; conditional uses and variances are also subject to review and approval by the Department of Ecology. Many permitted uses/developments, including those that do not require a substantial development permit, can individually or cumulatively affect adjacent properties and/or natural resources and therefore must comply with the Program in order to avoid or minimize such adverse impacts. The County may attach conditions of approval to any permitted use via a permit or statement of exemption as necessary to assure consistency of the project with the Shoreline Management Act and the Program.
(4) Compliance with this Program is demonstrated by the issuance of a statement of exemption, shoreline substantial development permit, conditional use permit or variance, as specified in Article I of Chapter 35.50 CCC.
(5) Nonproject actions, such as rezones, code and plan adoption, and annexations, shall be reviewed for consistency with this Program. Prior to taking action on a zoning or Comprehensive Plan map amendment, the proponent shall complete an environmental assessment that shall be approved by Clallam County to confirm the nature, extent, and rating of shorelines and critical areas on the property; determine if the subsequent development proposal would be consistent with this Program; and determine whether mitigation or other measures would be necessary if the proposal were approved. Such review shall occur prior to any State Environmental Policy Act (SEPA) threshold determination pursuant to Chapter 27.01 CCC, Clallam County Environmental Policy. Findings of such review may be used to condition or mitigate the impact through the SEPA threshold determination or to deny the proposed zoning or Comprehensive Plan map amendment if the impacts are significant and cannot be mitigated.
(6) Clallam County shall not grant any permit, license, or other development approval that is inconsistent with the provisions of this Program.