Chapter 33.27
CONDITIONAL USE PERMITS

Sections:

33.27.010    Application.

33.27.020    Review of application.

33.27.030    Public hearing required.

33.27.040    Hearing Examiner action.

33.27.050    Effectiveness of a conditional use permit.

33.27.060    Effectiveness of conditional permit extension.

33.27.070    Appeal of the Hearing Examiner action.

33.27.080    Issuance of conditional use permit.

33.27.090    Inclusion of findings of fact.

33.27.100    Amendment of a conditional use permit.

33.27.110    Burden of proof.

33.27.120    Conditional within shorelines and critical areas.

SOURCE:    ADOPTED:

Ord. 581    12/19/95

AMENDED SOURCE:    ADOPTED:

Ord. 631    02/03/98

33.27.010 Application.

Forms for application for conditional use permits shall be supplied by the Administrator. Applications shall include the minimum information found in CCC 33.37.020.

33.27.020 Review of application.

Upon receipt of application for a conditional use permit, the Administrator shall review it consistent with Chapter 26.10 CCC.

33.27.030 Public hearing required.

A public hearing before the Hearing Examiner as authorized in Chapters 26.04 and 26.10 CCC is required on all conditional use permits pursuant to this chapter.

33.27.040 Hearing Examiner action.

(1) Any person interested in an application for a conditional use permit may appear at the hearing set for review thereof and comment on the application. After completion of its public hearing, the Hearing Examiner shall approve the application if the Hearing Examiner finds that:

(a) The proposed action is consistent with the spirit and intent of the Clallam County Comprehensive Plan.

(b) The proposed action is consistent with this title.

(c) The proposed action is consistent with land uses within the zoning district in which it is located and in the vicinity of the subject property.

(d) The proposed action will have no unreasonable adverse impact on the surrounding land uses which can not be mitigated through the application of reasonable conditions.

(2) The Hearing Examiner may attach to any permit approval such reasonable conditions as may be necessary to assure that development will comply with the criteria for approval. Such conditions may include, but not be limited to the following: Construction sequence and timing, operation and maintenance, duration of use, removal of development upon termination of use, compliance with approved engineering plans and specifications, off-street parking, setbacks, special screening, lighting, site access, site size, road dedications, signing, structure height, siting of structures and improvements, strategies to minimize adverse environmental impacts as specified in the environmental analysis required by the County Environmental Policy Code, Chapter 27.01 CCC.

(3) When the Hearing Examiner determines that additional information is necessary, action on said application shall be continued until such information is available; provided, that the extension shall not exceed thirty (30) days unless the applicant consents to a longer period. Following its review of the additional information, the Hearing Examiner shall take action on the application.

33.27.050 Effectiveness of a conditional use permit.

A conditional use permit approval shall cease effectiveness if the use is not completely developed within three (3) years of the date of issuance unless the applicant requests and the Hearing Examiner provides for a longer period of effectiveness based on a finding that the use is a phased developed requiring a longer period of development not to exceed six (6) years and said phases and time deadlines are clearly spelled out in the application.

The Hearing Examiner may extend the approval for one additional year. Not later than forty-five (45) days prior to the termination of the initial approval period, the Administrator shall inform the applicant in writing by mail of the termination date. If the applicant has not submitted to the Administrator a written request for extension of the approval period by the termination date, effectiveness of conditional use permit shall be invalid and further development of the project shall immediately cease. If the conditional use is properly constructed in the allocated time, the conditional use permit is valid throughout the lifetime of the project.

The Hearing Examiner shall approve the request for extension at a regular meeting if it finds that substantial progress has been made toward the completion of the development, and that said progress is in compliance with this chapter and any condition that is a part of conditional use permit approval. The Hearing Examiner shall deny the extension request if it finds that substantial progress has not be made on the project.

33.27.060 Effectiveness of conditional permit extension.

The Hearing Examiner’s extensions granted in accordance with the procedures set out in CCC 33.27.050 shall be for one year. No additional extensions may be granted. If the conditional use is constructed or operated consistent with the conditional use permit provision within the approval period or any extension period approved pursuant to this chapter, the use may continue indefinitely regardless of ownership; provided, that the use or operation is consistent with the permit and any conditions attached thereto.

33.27.070 Appeal of the Hearing Examiner action.

Appeal of the Hearing Examiner shall comply with Chapter 26.10 CCC.

33.27.080 Issuance of conditional use permit.

Conditional use permits shall be issued not earlier than ten (10) days following approval by the Hearing Examiner; provided, that no appeal has been filed pursuant to CCC 33.27.070.

33.27.090 Inclusion of findings of fact.

The Hearing Examiner and, if appealed, the Board of County Commissioners shall make available to the public those findings of fact upon which their action is based regarding approval or denial of conditional use permit applications.

33.27.100 Amendment of a conditional use permit.

A conditional use permit may be amended as outlined below:

(1) Applications for amendments to a conditional use permit shall be made on a form prescribed by the Administrator and shall be accompanied by a filing fee in the amount established under Chapter 33.30 CCC.

(2) Amendments to conditional use permits may be granted by the Hearing Examiner at a public meeting only upon a finding that the amendment is within the scope and intent of the original permit and meets the following criteria:

(a) Ground area coverage and height of each structure may be increased a maximum of ten (10) percent from the provisions of the original permit;

(b) Additional separate structures may not exceed a total ten (10) percent of the total area of structures permitted under the original permit;

(c) The amendment does not authorize development to exceed height, lot coverage, setback, or any other requirements of this title or any other county code;

(d) Additional landscaping is consistent with conditions (if any) attached to the original permit and with this title;

(e) The use authorized pursuant to the original permit is not changed;

(f) No substantial adverse environmental impact will be caused by the project revision; and

(g) No change in conditions to the original conditional use permit is proposed.

(3) The Administrator shall notify any parties of record of any action taken on amendment of a conditional use permit. The notice shall state that an aggrieved party may appeal action on the amendment to the Board of County Commissioners in the same manner as outlined in CCC 33.27.070.

33.27.110 Burden of proof.

At every stage of the conditional use permit process, the burden of demonstrating that any proposed development is consistent with the Comprehensive Plan, and the spirit and intent of this chapter and is compatible with the permitted uses in the zone in which it will be located is upon the applicant.

33.27.120 Conditional within shorelines and critical areas.

Conditional uses locating within a shoreline of the State and requiring shoreline permits or within a critical area and requiring a permit pursuant to the Critical Areas Code, Chapter 27.12 CCC, shall apply only for said permit and such application shall also be regarded a conditional use application for the purposes of this title. All other provisions of this title shall apply to said application.