13.17.130 Revisions to permits.
Revisions to approved shoreline permits are required whenever an applicant proposes substantive changes to the design, terms or conditions of a project from that which is stipulated within 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 Bothell SMP and/or the policies and provisions of Chapter 90.58 RCW. Changes which are not substantive in effect do not require approval of a revision.
When an applicant seeks to revise a permit, the city shall request from the applicant detailed plans and text describing the proposed changes.
A. Applications for a shoreline permit revision shall follow the procedures for a Type I development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.
B. Applications for a shoreline permit revision shall provide for the following:
1. The information as stipulated within BMC 13.17.080(B), provided the shoreline administrator may waive submittal elements that are not subject to the revision.
2. Issuance of a notice of application and provisions for a comment period are not required for a shoreline revision.
C. Criteria for Approval. The shoreline administrator must determine that the proposed revision is within the scope and intent of the original permit, and the revisions are consistent with the applicable Bothell SMP provisions and the SMA, prior to approving a shoreline permit revision. Should the shoreline administrator determine the proposed revisions are not consistent with the approval criteria, a new permit shall be required.
1. “Within the scope and intent of the original permit” means all of the following:
a. No additional over-water construction is involved except that dock or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;
b. Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;
c. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof;
d. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program;
e. The use authorized pursuant to the original permit is not changed; and
f. 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 RCW 90.58.143. 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, this regulation and the local master program. If the proposed change constitutes substantial development then a new permit is required.
E. The shoreline permit revision process shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit; provided, 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 Washington State Department of Ecology.
G. The city of Bothell shall notify all official parties of record of the revision action.
H. If the revision to the original permit involves a conditional use or variance, the city shall submit the revision to 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’s final decision.
I. The revised permit is effective immediately upon final decision by the city or, when appropriate under subsection F of this section, upon final action by the Department.
J. 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 or, when appropriate under subsection F 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. 2112 § 3 (Exh. C), 2013).