22.06.100 Permit revisions.
A. A permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the master program and/or the policies and provisions of Chapter 90.58 RCW. Changes that are not substantive in effect do not require approval of a revision.
B. When an applicant seeks to revise a permit, the city shall request from the applicant detailed plans and text describing the proposed changes.
C. If the city determines that the proposed changes are within the scope and intent of the original permit, and are consistent with the master program and the Act, the city may approve a revision. “Within the scope and intent of the original permit” means all of the following:
1. No additional over-water construction is involved except that pier, dock, or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;
2. Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;
3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the master program except as authorized under a variance granted as the original permit or a part thereof;
4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the master program;
5. The use authorized pursuant to the original permit is not changed; and
6. No adverse environmental impact will be caused by the project revision.
D. Revisions to permits may be authorized after original permit authorization has expired under WAC 173-27-080(2). The purpose of such revisions shall be limited to authorization of changes which are consistent with this section and which would not require a permit for the development or change proposed under the terms of Chapter 90.58 RCW and this master program. If the proposed change constitutes substantial development then a new permit is required. Provided, this subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit.
E. If the sum of the revision and any previously approved revisions under former WAC 173-14-064 or this section violate the provisions in subsection (C) of this section, the city shall require that the applicant apply for a new permit.
F. The revision approval, including the revised site plans and text consistent with the provisions of WAC 173-27-180 as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with the Department of Ecology. In addition, the city shall notify parties of record of their action.
G. If the revision to the original permit involves a conditional use or variance, the city shall submit the revision to the Department of Ecology for the Department’s approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. The Department shall render and transmit to the city and the applicant its final decision within 15 days of the date of the Department’s receipt of the submittal from the city. The city shall notify parties of record of the Department of Ecology’s final decision.
H. The revised permit is effective immediately upon final decision by the city or, when appropriate under subsection (G) of this section, upon final action by the Department of Ecology.
I. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within 21 days from the date of receipt of the city’s action by the Department of Ecology or, when appropriate under subsection (G) of this section, the date the Department’s final decision is transmitted to the city and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection (C) of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant’s own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. [Ord. 2013-02-005 § 2 (Exh. 1)].