VI. ADMINISTRATION AND ENFORCEMENT AND DEFINITIONS
20.25E.250 Administration.
A. Purpose. The purpose of this section is to set forth the provisions for the interpretation, general administration, and enforcement of the Bellevue SMP, and to provide definitions and acronyms specific to this part.
B. Applicability. Chapter 20.40 LUC contains provisions governing the administration and enforcement of the Land Use Code. Such provisions shall apply within the shoreline jurisdiction, except as noted below. If a conflict occurs between the provisions of Chapter 20.40 LUC and the Bellevue SMP, the provisions of the SMP shall prevail.
C. Administrative Provisions Specific to the Shoreline Master Program.
1. Vesting of Shoreline Application. An application for approval of either a Shoreline Substantial Development Permit or a Shoreline Conditional Use Permit shall be considered under the Shoreline Master Program, the Land Use Code, and other land use controls in effect on the date that a fully completed application is submitted for approval which satisfies the submittal requirements specified by the Director pursuant to LUC 20.25E.100.C.3.
2. Expiration of Vested Status of Shoreline Permits and Shoreline Variances. Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and variances shall expire and are void two years from the effective date of the permit as defined in WAC 173-27-090(4), unless:
a. The applicant commences construction activities within two years of the effective date of the shoreline permit; or where no construction activities are involved, the use or activity is commenced within two years of the effective date of the shoreline permit; or
b. The applicant requested an extension prior to the expiration date and received an extension for the shoreline permit pursuant to subsection C.6 of this section.
3. Shoreline Variances. Shoreline variances shall run with the land in perpetuity if they are recorded with the King County Department of Elections and Records, or its successor entity, within 60 days following Ecology’s final action on the variance. Unrecorded variances shall survive the life of the project.
4. Final Expiration of Shoreline Permits. Permit authorization expires finally, despite commencement of construction, five years after the effective date of the relevant shoreline permit, unless the applicant has received an extension pursuant to subsection C.6 of this section.
5. Tolling. The time period set forth in subsection C.2 of this section shall not include the time during which an activity or development was not actively pursued because of the pendency of litigation or the need to obtain other government permits or approvals, including all reasonably related administrative or legal actions on such permits or approvals.
6. Extension of Shoreline Permits.
a. The Director may extend a shoreline permit, not to exceed one year, with prior notice to the Department of Ecology and those who requested copies of the Director’s decision, only if:
i. Unforeseen circumstances or conditions necessitate the extension of the permit;
ii. Termination of the permit would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
iii. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.
b. The Director may grant no more than two extensions:
i. A single one-year extension may be granted to the two-year construction commencement deadline described in subsection C.2 of this section; and
ii. A single one-year extension may be granted to the five-year final expiration deadline described in subsection C.4 of this section.
c. When a Building Permit is issued, the vested status of a shoreline permit shall be automatically extended for the life of the Building Permit. If the Building Permit expires, or is revoked or canceled, pursuant to BCC 23.05.100 or otherwise, then the vested status of a shoreline permit shall also expire, or be revoked or canceled. (Ord. 6416, 5-21-18, § 2)