21.10.240 Effect of decision.
A. This section applies to Type I, II, III-A, III-B or VII decisions.
B. Unless otherwise provided in subsection (C) of this section, the decision is presumed valid and in effect on the date issued unless an administrative appeal is filed. The filing of any administrative appeal shall stay all development activity based on the decision granting the application until such time as the city issues a final decision on the matter. Any applicant receiving approval who engages in any activity based on the decision granting the application prior to the filing of any appeal or prior to the expiration of any administrative appeal period, does so at his/her own risk.
C. Exceptions.
1. Shoreline Permits. All city decisions on a shoreline permit shall be submitted to the Department of Ecology. Development under a shoreline substantial development permit shall not begin and shall not be authorized until 21 days from the date of filing the city’s decision with the Department of Ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within 21 days from the date of filing have been terminated; except as provided in RCW 90.58.140(5)(a) and (b). This restriction shall be stated on the permit.
2. Shoreline Conditional Use or Variance. The city’s decision on a shoreline conditional use or shoreline variance shall be submitted to the Department of Ecology for a final decision. Development under the variance or conditional use shall not begin and shall not be authorized until 21 days from the date of filing the Department of Ecology decision with the city as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within 21 days from the date of filing have been terminated; except as provided in RCW 90.58.140(5)(a) and (b). This restriction shall be stated on the notice of decision sent to the applicant. On receipt of the Department of Ecology decision, the city shall provide timely notice of the decision to the applicant and other interested persons having requested notification, as provided by WAC 173-27-200.
3. Critical Area Permits. Critical area permits shall be effective after the close of the appeal period, or if an appeal is filed, after the withdrawal of, or final decision on an administrative appeal.
4. Certificates of Demolition. A certificate of demolition for whole or partial demolition of a designated historic register property under Chapter 17.90 BMC shall be effective after the close of the appeal period, or if an appeal is filed, after the withdrawal of, or final decision on an administrative appeal. [Ord. 2005-12-094; Ord. 2005-11-092; Ord. 2004-09-065].