22.05.030 Relationship to other regulations.
A. The requirements within this program are in addition to those specified within BMC Title 20 (Land Use Development) and any other regulations adopted by the city that might apply, except with regard to critical areas that occur within the shoreline jurisdiction, the provisions of this program shall control.
B. The goals, policies and development regulations within this program intend to be consistent with other regulations and to the extent feasible implement shoreline elements within other plans adopted by the city. These include but are not limited to:
1. BMC Title 20 – Land Use Development;
2. Chapter 16.55 BMC – Critical Areas;
3. Chapter 16.60 BMC – Land Clearing;
4. Chapter 16.70 BMC – Grading;
5. Chapter 16.80 BMC – Lake Whatcom Reservoir Regulatory Provisions;
6. Chapter 15.42 BMC – Stormwater Management;
7. Bellingham Comprehensive Plan (2006);
8. The 23 individual neighborhood plans;
9. Waterfront Futures Group Framework and Action Plan and Guiding Principles (2004);
10. City of Bellingham Park, Recreation and Open Space Plan (2005);
11. Restoration Plan and Environmental Assessment for Whatcom Creek (2002);
12. Whatcom Creek Waterfront Action Plan (1998);
13. Watershed Master Plan (1995) currently being updated by public works; and
14. Squalicum Creek Floodplain Management Plan (1994).
C. The regulations within this program shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA), per Chapter 16.20 BMC.
D. Compliance with the provisions of this program does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (e.g., building permits, hydraulic project approvals (HPAs), U.S. Army Corps of Engineers Section 404 and/or Section 10 permits, National Pollutant Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this program.
E. The Act and this program adopted pursuant thereto comprise the basic state and city law regulating use of shorelines in the city. In the event provisions of this program conflict with other applicable city policies or regulations, generally the more protective of shoreline resources shall prevail except this program shall regulate critical areas that occur within the shoreline jurisdiction and shall establish all permitted uses adjacent to and critical area buffers and setbacks from the ordinary high water mark of marine water, shoreline streams and wetlands, and Lake Whatcom and Lake Padden. (This revision is the result of an amendment to the city’s CAO; BMC 16.55.490(F)(4) that occurred during the spring of 2008; Ordinance 2008-04-036.)
F. In the case of development subject to the shoreline permit requirement of this program, the city shall not issue a building permit for such development until a shoreline permit has been granted; provided, that any permit issued by the building official for such development shall be subject to the same terms and conditions which apply to the shoreline permit.
G. In the case of zoning conditional use permits and/or variances for development that is also within the jurisdiction of this program, the hearing examiner shall attach conditions to such permits and variances as are required to make such development consistent with this program.
H. In the case of subdivision of land (but not including short subdivisions) within the jurisdiction of this program, the hearing examiner shall attach conditions to such approval as are required to make the design of such subdivision(s) consistent with this program. [Ord. 2013-02-005 § 2 (Exh. 1)].