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All shoreline permits shall be consistent with the following provisions except as expressly modified by this chapter.

A. Permit Actions. There are four permit actions which are more thoroughly described in BMC 13.17.100 through 13.17.130. The permit actions are:

1. Shoreline substantial development permit (SDP): BMC 13.17.100;

2. Shoreline conditional use permit (SCUP): BMC 13.17.110;

3. Shoreline variance (SVAR): BMC 13.17.120; and

4. Shoreline permit revision (SREV): BMC 13.17.130.

B. General Requirements – All Permit Actions. All permit actions shall provide for the following:

1. The information as stipulated within BMC 13.17.080(B).

2. Notice of Application and Comment Period.

a. In addition to the notice of application content established in BMC 11.06.004, notice of applications for shoreline substantial development permits must also contain the information required under WAC 173-27-110.

b. The minimum notice of application comment period for shoreline substantial development permits shall be no fewer than 30 days. The minimum comment period for applications for shoreline substantial development permits for limited utility extensions and bulkheads, as described by WAC 173-27-120, shall be 20 days.

3. Criteria for Approval. The shoreline administrator shall ensure that WAC 173-27-140 and the following review criteria are met prior to issuing a shoreline substantial development permit:

a. No permit or revision to undertake use or development on shorelines of the state shall be granted by the city unless upon review the use or development is determined to be consistent with:

(1) The policies, provisions, and procedures of the SMA and this SMP;

(2) The provisions of Chapter 173-27 WAC; and

(3) BMC Title 13, Shoreline Management.

(4) BMC Title 11, Administration of Development Regulations.

b. No permit or revision shall be issued for any new or expanded building or structure of more than 35 feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where this SMP does not prohibit the same and then only when overriding considerations of the public interest will be served as provided for within BMC 13.07.090.

4. Decision.

a. Upon a written finding that the provisions of the applicable criteria have been satisfied, the shoreline administrator shall issue a shoreline permit substantially in the form as authorized under WAC 173-27-990b. The shoreline administrator may attach conditions of approval of permits as necessary to assure consistency of the project with the Act and the city’s SMP.

b. A copy of the decision, transmittal sheet and a copy of the shoreline review checklist shall be mailed to the applicant, Department of Ecology, and the Washington State Attorney General’s Office, pursuant to RCW 90.58.140 and WAC 173-27-130. The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision is received by the permit applicant as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of receipt as defined in RCW 90.58.140(5) and (6). “Date of receipt” is that date that the permit applicant receives written notice from the Department of Ecology notifying the applicant of receipt of the decision.

c. An appeal of a shoreline substantial development permit shall be to the Bothell hearing examiner and shall be filed pursuant to the procedures of BMC 11.14.005. Appeals of the Bothell hearing examiner shall be to the state Shorelines Hearings Board and shall be filed within 21 days of the receipt of the Department of Ecology’s permit action letter as set forth in RCW 90.58.180.

5. Effect of Decision. For shoreline substantial development permits, no final action or construction shall be taken until the termination of all review proceedings initiated within 21 days after notice of the final action taken by the city is received by the permit applicant from the Department of Ecology.

6. Complete Compliance Required. Except as specified in BMC 13.17.130, Revisions to permits, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter authorized by that approval.

7. Time Limits. Construction and activities authorized by a shoreline substantial development permit are subject to the time limitations of WAC 173-27-090. (Ord. 2112 § 3 (Exh. C), 2013).