Chapter 18.115
REVIEW PROCEDURES/NOTICE REQUIREMENTS

Sections:

18.115.010    Code compliance review – Actions subject to review.

18.115.020    Code compliance review – Notice requirements and comment period.

18.115.030    Code compliance review – Decisions and appeals.

18.115.040    Director review – Actions subject to review.

18.115.050    Director review – Decision regarding proposal.

18.115.060    Director review – Decision final unless appealed.

18.115.070    Examiner review – Zone reclassifications and urban plan developments.

18.115.080    Combined review.

18.115.090    Establishment of hearing rules.

18.115.100    Records.

18.115.110    Modifications and expansions of uses or developments authorized by existing land use permits – Permits defined.

18.115.120    Modifications or expansions of uses or developments authorized by existing land use permits – When use now permitted outright.

18.115.130    Modifications or expansions of uses authorized by existing land use permits – Required findings.

18.115.140    Modifications and expansions – Use or development authorized by an existing planned unit development approval.

18.115.150    Modifications and expansions – Uses or development authorized by existing conditional use, or unclassified use permits.

18.115.010 Code compliance review – Actions subject to review.

The following actions shall be subject to administrative review for determining compliance with the provisions of this title and/or any applicable development conditions which may affect the proposal:

(1) Building permits;

(2) Grading permits; and

(3) Temporary use permits. (Ord. 42-02 § 2 (21A.42.010))

18.115.020 Code compliance review – Notice requirements and comment period.

(1) The Department shall provide posted, and published notice pursuant to Chapter 18.105 CMC for temporary use permits. In addition, mailed notice pursuant to Chapter 18.105 CMC shall be provided for temporary use permits in resource zones.

(2) Any written comments on applications subject to code compliance review shall be submitted within 15 days of the date of published notice or the posting date, whichever is later. (Ord. 42-02 § 2 (21A.42.020))

18.115.030 Code compliance review – Decisions and appeals.

(1) The Department shall approve, approve with conditions, or deny permits based on compliance with this title and any other development condition affecting the proposal.

(2) Decisions on temporary use permits may be appealed to the Hearing Examiner.

(3) Permits approved through code compliance review shall be effective for the time periods and subject to the terms set out as follows:

(a) Building permits shall comply with Chapter 15.05 CMC;

(b) Grading permits shall comply with Chapters 15.05 and 18.45 CMC; and

(c) Temporary use permits shall comply with Chapter 18.85 CMC. (Ord. 42-02 § 2 (21A.42.030))

18.115.040 Director review – Actions subject to review.

The following actions shall be subject to the Director review procedures set forth in this chapter:

(1) Applications for variances, exceptions under CMC 18.65.070(1); and

(2) Periodic review of extractive operations. (Ord. 42-02 § 2 (21A.42.040))

18.115.050 Director review – Decision regarding proposal.

(1) Decisions regarding the approval or denial of proposals (excluding periodic review of extractive operations) subject to Director review shall be based upon compliance with the required showings of Chapter 18.125 CMC. Periodic reviews of extractive operations shall be based upon the criteria outlined in CMC 18.60.050(2).

(2) The written decision contained in the record shall show:

(a) Facts, findings and conclusions supporting the decision and demonstrating compliance with the applicable decision criteria; and

(b) Any conditions and limitations imposed, if the request is granted.

(3) The Director shall mail a copy of the written decision to the applicant and to all parties of record.

(4) Rules. The Director shall adopt rules for the transaction of business and shall keep a public record of his actions, finding, waivers and determinations. (Ord. 42-02 § 2 (21A.42.080))

18.115.060 Director review – Decision final unless appealed.

(1) The decision of the Director shall be final unless the applicant or an aggrieved party files an appeal to the Hearing Examiner pursuant to Chapter 14.35 CMC.

(2) The Examiner shall review and make decisions based upon information contained in the written appeal and the record.

(3) The Examiner’s decision may affirm, modify, or reverse the decision of the Director.

(4) As provided by CMC 14.35.290(1) and (3):

(a) The Examiner shall render a decision within 10 days of the closing of hearing; and

(b) The decision shall be final unless appealed under the provisions of CMC 14.35.310(2).

(5) Establishment of any use or activity authorized pursuant to a variance shall occur within four years of the effective date of the decision for such permit or variance; provided, that for schools this period shall be five years. This period may be extended for one additional year by the Director if the applicant has submitted the applications necessary to establish the use or activity and has provided written justification for the extension.

(6) For the purpose of this section, “establishment” shall occur upon the issuance of all local permit(s) for on-site improvements needed to begin the authorized use or activity; provided, that the conditions or improvements required by such permits are completed within the timeframes of said permits.

(7) Once a use, activity or improvement allowed by a variance has been established, it may continue as long as all conditions of permit issuance are met. (Ord. 42-02 § 2 (21A.42.090))

18.115.070 Examiner review – Zone reclassifications and urban plan developments.

Applications for zone reclassifications and urban plan developments shall be reviewed by the Department subject to the procedures and criteria set forth in Chapter 14.35 CMC for action subject to approval by the Council and notice shall be as provided in this code. (Ord. 42-02 § 2 (21A.42.100))

18.115.080 Combined review.

Proposed actions may be combined for review purposes with any other action subject to the same review process, provided:

(1) Notice requirements for combined review shall not be less than the greatest individual action requirement; and

(2) No permit shall be approved without prior review and approval of any required variance. (Ord. 42-02 § 2 (21A.42.110))

18.115.090 Establishment of hearing rules.

The Department shall establish rules governing the conduct of public hearings before the adjustor pursuant to Chapter 2.75 CMC. (Ord. 42-02 § 2 (21A.42.120))

18.115.100 Records.

The Department shall maintain public records for all permit approvals and denials containing the following information:

(1) Application documents;

(2) Tape recorded verbatim records of required public hearing;

(3) Written recommendations and decisions for proposed actions;

(4) Ordinances showing final Council actions;

(5) Evidence of notice;

(6) Written comments received; and

(7) Material submitted as exhibits. (Ord. 42-02 § 2 (21A.42.130))

18.115.110 Modifications and expansions of uses or developments authorized by existing land use permits – Permits defined.

For the purposes of this chapter, a “land use permit” shall mean a conditional use permit, unclassified use permit, or planned unit development. (Ord. 42-02 § 2 (21A.42.150))

18.115.120 Modifications or expansions of uses or developments authorized by existing land use permits – When use now permitted outright.

Proposed modifications or expansions to a use or development authorized by an existing land use permit shall not require an amendment to the existing land use permit if the use is now permitted outright in the zone district in which it is located and shall not require findings pursuant to CMC 18.115.130. (Ord. 42-02 § 2 (21A.42.160))

18.115.130 Modifications or expansions of uses authorized by existing land use permits – Required findings.

Modifications or expansions approved by the Department shall be based on written findings that the proposed modifications or expansions provide the same level of protection for and compatibility with adjacent land uses as the original land use permit. (Ord. 42-02 § 2 (21A.42.170))

18.115.140 Modifications and expansions – Use or development authorized by an existing planned unit development approval.

Modifications and expansions of uses or developments authorized by an existing planned unit development approval shall be subject to the following provisions:

(1) Any approved modification or expansion shall be recorded.

(2) Modifications to building location and/or dimensions shall be reviewed pursuant to the code compliance process of CMC 18.115.010 only when:

(a) No buildings are located closer to the nearest property line(s); and

(b) No increase in square footage of buildings is proposed.

(3) Modifications beyond those permitted in subsection (2) of this section and all expansions shall be subject to the approval of a conditional use permit. (Ord. 42-02 § 2 (21A.42.180))

18.115.150 Modifications and expansions – Uses or development authorized by existing conditional use, or unclassified use permits.

(1) The Department may review and approve pursuant to the code compliance process, CMC 18.115.010, an expansion of a use or development authorized by an existing conditional use, or unclassified use permit; provided, that:

(a) The expansion shall conform to all provisions of this title and the original land use permit, except that the project-wide amount of each of the following may be increased up to 10 percent:

(i) Building square footage;

(ii) Impervious surface;

(iii) Parking; or

(iv) Building height.

(b) No subsequent expansions shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection (1)(a) of this section.

(2) A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of subsection (1) of this section.

(3) A special use permit shall be required for expansions within a use or development authorized by an existing special use or unclassified use permit, if the expansions to either permit are not consistent with the provisions of subsection (1) of this section.

(4) This section shall not apply to modifications or expansions of telecommunication facilities, the provision for which are set forth in CMC 18.70.130 or to modifications or expansions of nonconformances, the provisions for which are set forth in CMC 18.85.070. (Ord. 42-02 § 2 (21A.42.190))