18.16.140 Permit revisions.
A. When an applicant proposes changes to the design, terms, or conditions of an approved permit, the applicant must submit a request for permit revision. 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, this master program, or the Act. If the administrator determines that the changes proposed are not “substantive,” he or she may waive the requirement for approval of the revisions.
B. When a permit revision is required, the applicant shall submit detailed plans and text describing the proposed changes. If the administrator determines that the revisions proposed are within the scope and intent of the original permit, consistent with WAC 173-27-100, the administrator may approve the 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 five hundred square feet or ten percent, whichever is less;
2. Ground area coverage and height is not increased more than ten percent;
3. The revision does not authorize development to exceed height, setback, lot coverage, or any other requirement of the City of Anacortes Shoreline Master Program. Exceeding these standards requires approval of a variance;
4. Additional or revised landscaping is consistent with any conditions attached to the original permit and this master program;
5. The use authorized by original permit is not changed;
6. No significant adverse environmental impact will be caused by the project revision; and
7. If the sum of the proposed revision and any previously approved revisions do not meet the criteria above, an application for a new shoreline permit must be submitted. If the revision involves a conditional use or variance, which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology (see WAC 173-27-100).
C. Notice of Revisions and Decisions. Parties of record shall be provided notice of any proposed revision as well as the final decision on any revision application.
D. Appeals. The City of Anacortes or the Department of Ecology decision on permit revisions may be appealed within twenty-one days of such decision, in accordance with RCW 90.58.180 and WAC 173-27-100(8).
E. Revised permits are effective immediately upon final decision of the administrator and/or the Department of Ecology. Construction allowed by the revised permit, that is not authorized under the original permit, is undertaken at the applicant’s own risk until the expiration of the appeals deadline. Approvals of revisions shall not extend the effective date of the permit. (Ord. 2838 § 1 (Att. A), 2010)