22.82.160 Revisions to permit.
A permit revision is required whenever the applicant proposes substantive changes to the design, terms, or conditions of an approved 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, or compliance with the Monroe SMP. Changes which are not substantive in effect may not require approval of a revision; however, the community development department must be notified and review the proposed revision to determine if the revision is substantive or not.
A. When an applicant seeks to revise a substantial development, conditional use, or variance permit, the community development department shall request from the applicant detailed plans and text describing the proposed changes in the permit.
1. If the community development department determines that the proposed changes are within the scope and intent of the original permit, the department may approve the revision, provided it is consistent with the Shoreline Management Act and the Monroe SMP.
2. “Within the scope and intent of the original permit” means the following:
a. No additional over- or in-water construction will be involved.
b. Lot coverage and height may be increased a maximum of ten percent from provisions of the original permit; provided, that revisions involving new structures not shown on the original site plan shall require a new permit.
c. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the Monroe SMP, except as authorized under a variance granted by 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 Monroe SMP.
e. The use authorized pursuant to the original permit is not changed.
f. The project revision will cause no adverse environmental impact.
3. The zoning administrator may authorize revisions to shoreline permits after the 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 and the Monroe SMP. 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.
4. If the revision, or the sum of the revision and any previously approved revisions, will violate the criteria specified above, the city shall require the applicant to apply for a new substantial development, conditional use, or variance permit in the manner provided for herein.
5. The department of community development shall file with the Department of Ecology 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. In addition, the city shall notify parties of record of their action.
6. 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 final approval, approval with conditions, or denial. The Department of Ecology shall render and transmit to the city and the applicant its final decision within fifteen days of receipt of the submittal from the city. The city shall notify parties of record of the Department of Ecology’s final decision.
7. The revised permit is effective immediately upon final decision by the city or, when appropriate under subsection (A)(6) of this section, upon final action by the Department of Ecology.
8. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one days from the date of receipt of the city’s action by the Department of Ecology or, when appropriate under subsection (A)(6) of this section, the date the Department of Ecology’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 (A)(2) 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. 015/2019 § 1; Ord. 005/2019 § 10 (Exh. B))