CITY OF DES MOINES SHORELINE MASTER PROGRAM

Des Moines Shoreline Master Program
copy of the action on a permit. Formal revisions to permits are subject to the twenty-one (21)
day appeal process described above.
7.4 Shoreline Conditional Use Permit Procedures
7.4.1 General Provisions
The purpose of a Shoreline Conditional Use Permit is to allow case-by-case review of uses
which may have a greater potential for impacts without project-specific conditions, while
providing flexibility in varying the application of the use regulations of this SMP in a manner
consistent with the policies of RCW 90.58.020. A Shoreline Conditional Use Permit is classified
as a Type IV land use decision, requiring administrative, planning agency, and city council
review and approval. In authorizing a Shoreline Conditional Use Permit, special conditions may
be attached to the permit by the City Council or Ecology to prevent undesirable effects of the
proposed use. Ecology is the final reviewing authority for Shoreline Conditional Use Permits
pursuant to WAC 173-27.
7.4.2 Unclassified Uses
Uses that are not classified or set forth herein may only be authorized as conditional uses
provided the applicant can demonstrate that the criteria set forth for conditional uses are met.
Unclassified uses approved as conditional uses should also remain consistent with the policies of
RCW 90.58.020 and should not produce substantial adverse effects on the shoreline
environment.
7.4.3 Criteria
Pursuant to WAC 173-27-160, the criteria below shall constitute the minimum criteria for review
and approval of a Shoreline Conditional Use Permit. Uses classified as conditional uses, and not
uses prohibited by the regulations of this SMP, may be authorized provided that the applicant can
demonstrate all of the following:
1. That the proposed use will be consistent with the policies of RCW 90.58.020, the policies of
this SMP, the City of Des Moines Comprehensive Plan and other applicable plans, programs
and/or regulations;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project will be compatible with other
permitted uses within the area and with uses planned for the area under the comprehensive
plan and shoreline master program;
4. That the proposed use will cause no significant adverse effects to the shoreline, will not result
in a net loss of ecological functions, and will not be incompatible with the environment
designation or zoning classification in which it is to be located;
5. That the public interest suffers no substantial detrimental effect; and
6. That the proposed use is in the best interest of the public’s health, safety, morals or welfare.
7. That consideration of cumulative impacts of additional requests for like actions in the area.
For example, if conditional use permits were granted for other developments in the area
Department of Ecology approval effective November 1, 2010
98 Adopted by City of Des Moines Ordinance No. 1502