Chapter 20.24


20.24.010    Requirements.

20.24.020    Expiration of permits.

20.24.030    Revisions of permits.

20.24.010 Requirements.

A. The hearing examiner shall cause permits to be issued under this title.

B. Each permit must include a provision that construction pursuant to the permit will not begin and is not authorized until thirty days from the date of filing of the final order of the hearing examiner with the Washington State Department of Ecology and Attorney General, or until all review proceedings initiated within thirty days from the date of such filing have been terminated.

C. The hearing examiner may revoke a permit and halt a project if conditions written on the permit are not fulfilled, or are violated, or if other of these regulations are violated. Any such revocation shall be in the form of a “cease” or “desist” order from the prosecuting attorney obtained at the request of the administrator and served by him.

D. Issuance of a permit does not obviate the applicant from meeting requirements for other federal, state and county permits, procedures and regulations. (Ord. 2007-02 (part): Ord. 1980-02 § 8.10)

20.24.020 Expiration of permits.

The following time requirements shall apply to all permits:

A. Construction or substantial progress toward construction of a project for which a permit has been granted pursuant to the act must be undertaken within two years after the approval of the permit. Substantial progress towards construction shall include, but not be limited to, the letting of bids, making of contracts, purchase of materials involved in development, but shall not include development or uses which are inconsistent with the criteria set forth in the master program. In determining the running of the two-year period, there shall not be included the time during which a development was not actually pursued by construction, and the pendency of litigation reasonably related thereto made it reasonable not to so pursue; provided, that the hearing examiner may, at its discretion extend the two-year time period for a reasonable time based on factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction.

B. If a project for which a permit has been granted, pursuant to this title has not been completed within five years after the approval of the permit, the hearing examiner shall, at the expiration of the five-year period, review the permit, and upon a showing of good cause, do either of the following:

1. Extend the permit for one year; or

2. Terminate the permit.

Provided that nothing in this section shall preclude the hearing examiner from issuing permits with a fixed termination date of less than five years. (Ord. 2007-02 (part): Ord. 1980-02 § 8.20)

20.24.030 Revisions of permits.

When an applicant seeks to revise a substantial development, conditional use, or variance permit, the planning department shall request from the applicant detailed plans and text describing the proposed changes in the permit:

A. If the hearing examiner determines that the proposed changes are within the scope and intent of the original permit, the hearing examiner may approve a revision.

B. “Within the scope and intent of the original permit” means the following:

1. No additional over water construction will be involved;

2. Lot coverage and height may be increased a maximum of ten percent from the provisions of the original permit; provided, that revisions involving new structures not shown on the original site plan shall require a new permit, and provided further, that any revisions authorized under this subsection shall not exceed height, lot coverage, setback or any other requirements of the master program;

3. Landscaping may be added to a project without necessitating an application for a new permit; provided, that the landscaping is consistent with conditions (if any) attached to the original permit and is consistent with the master program.

C. If the revision or the sum of the revision and any previously approved revisions pursuant to this section will violate the terms of one or more of the provisions in subsection B of this section, the hearing examiner shall require that the applicant apply for a new substantial development, conditional use, or variance permit in the manner provided for in this chapter.

D. The revised permit shall become effective immediately. Within fourteen calendar days of the date of final action by the hearing examiner the revised site plan, text and the approved revision shall be submitted to the Department of Ecology and the Attorney General for the completion of their files. In addition, the planning department shall submit a notice of revision of approval to persons who have notified the hearing examiner of their desire to receive a copy of the action on a permit pursuant to Section 20.20.050

E. Appeals shall be in accordance with RCW 90.58.180. Appeals shall be based only upon contentions of noncompliance with one or more of the provisions of subsection B of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit shall be at the applicant’s own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision was not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. (Ord. 2007-02 (part): Ord. 1998-02 (part); Ord. 1992-03 (part); Ord. 1980-02 § 8.30)