§ 17.96.070. Hearing and appeal of conditional or unclassified use permit applications.

A.

Notice and hearing for conditional or unclassified use permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a conditional or unclassified use permit, the Hearing Examiner shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a conditional or unclassified use permit.

The Hearing Examiner's decision shall be final unless appealed to the City Council.

B.

Decisions. Conditional or unclassified use permit decisions issued by the Hearing Examiner, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings and conclusions. A 14-day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Department of Community and Economic Development shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper.

C.

Appeals.

1.

Any person aggrieved by the decision of the Hearing Examiner may appeal the decision to the City Council.

2.

Appeals shall be submitted to the Department of Community and Economic Development in writing within 14 days following the date of the decision.

3.

The City Council shall conduct a closed record hearing on the appeal of the Hearing Examiner's decision. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.

D.

Permits void after one year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests.

E.

Extensions of approved conditional use permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, provided that the following minimum criteria are met:

1.

The use complies with the permit conditions.

2.

There have been no significant, adverse changes in circumstances.

Upon written request for an extension submitted to the Department of Community and Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for 90 days to allow the City adequate time to review the extension request.

F.

Minor amendment of approved conditional use permits. A minor amendment to an approved conditional use permit may be granted by the Director of Community and Economic Development.

1.

A written request for amendment must be submitted to the Department of Community and Economic Development. A minor amendment may be granted if all of the following findings are made:

a.

The amendment does not change the approved conditional use permit by more than ten percent of the original approval. For those immeasurable changes, of which the ten percent does not apply, the change shall not increase the intensity of use; and

b.

The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located.

2.

Any applications that are not granted a minor amendment pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure.

(Ord. 3577 § 1, 3/21/2017; Ord. 3548 § 25, 1/5/2016; Ord. 3272, 2/16/2007; Ord. 3239 § 1, 3/17/2006; Ord. 3042 § 3 (part) 1/28/2000; Ord. 3007 § 5 (part), 1/15/1999; Ord. 2935 § 1, 11/15/1996; Ord. 2911 § 2, 3/29/1996; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2796 § 16, 2/11/1994; Ord. 2668 § 12 (part), 1/17/1992; Ord. 2636 § 18 (part) 5/15/1991; Ord. 2595 § 1, 6/27/1990; Ord. 2503 § 1, 7/27/1988; Ord. 2334 § 3, 4/10/1985; Ord. 1798 § 2, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970)