Chapter 14.60
TYPE 4 PERMITS
(VARIANCES AND CATEGORICALLY EXEMPT CONDITIONAL USE PERMITS)

Sections:

14.60.010    Application.

14.60.020    Determination of completeness.

14.60.030    Scheduling of hearing and publication of notice.

14.60.035    Design commission.

14.60.040    Hearing before hearing examiner.

14.60.050    Findings.

14.60.060    Decision.

14.60.070    Notice of decision.

14.60.080    Appeals.

14.60.010 Application.

The applicant shall complete the appropriate application form and submit application and fee to the director(s). The application form shall specify the submittal requirements. (Ord. 988 § 2, 2003).

14.60.020 Determination of completeness.

A. Within 28 days of submittal, the director(s) shall:

1. Send the applicant either a determination of completeness or a notice stating information required to complete the application; and

2. Advise the applicant of other agencies that may have jurisdiction over the proposal.

B. Within 14 days of submittal of additional information as required above, the director(s) shall send the applicant either a determination of completeness or another notice stating information required to complete the application. (Ord. 988 § 2, 2003).

14.60.030 Scheduling of hearing and publication of notice.

Within 14 days of determination of completeness the director(s) shall:

A. Schedule a public hearing before the hearing examiner for a date that conforms to the following notice requirement; and

B. Publish between 15 and 30 days before the hearing a notice of application/hearing in accordance with BLMC 14.90.040. (Ord. 988 § 2, 2003).

14.60.035 Design commission.

If the proposal is not exempt from design review (see Chapter 14.95 BLMC), at any time after the determination of completeness the design commission shall review it and issue a finding of conformance (with or without conditions) or non-conformance with the community character element of the comprehensive plan. (Ord. 1025 § 5, 2004).

14.60.040 Hearing before hearing examiner.

The hearing examiner shall hold the public hearing. (Ord. 988 § 2, 2003).

14.60.050 Findings.

The hearing examiner shall adopt written findings referencing the applicable permit criteria which findings shall include, if applicable, either the design commission’s finding of (non)conformance or an alternative finding. (Ord. 1025 § 6, 2004; Ord. 988 § 2, 2003).

14.60.060 Decision.

The hearing examiner shall decide on the proposal in accordance with its findings, except that, in the case of conditional use permits pursuant to BLMC 18.14.040(D) or (E), the city council shall decide on the proposal concurrently with its decision on the preliminary plat. In either case, the decision shall be early enough to allow the director(s) to comply with the following section regarding notice of decision. (Ord. 1099 § 3, 2005; Ord. 988 § 2, 2003).

14.60.070 Notice of decision.

A. Within 120 days of the determination of completion, the director(s) shall issue a notice of decision. See BLMC 14.90.050 for exceptions to this 120-day deadline.

B. The notice of decision shall be published in accordance with BLMC 14.90.040. (Ord. 988 § 2, 2003).

14.60.080 Appeals.

For appeals see BLMC 14.120.040. (Ord. 988 § 2, 2003).