ORD 2290 ORDINANCE, NO ,
AN ORDINANCE amending provisions of the Camas
Municipal Code relating to non - conforming uses , conditional use
permits , variances , and development code administration , and
adding new chapters governing temporary use permits , unclassified
use permits , comprehensive plan amendments , and ening map
amendments .
Section I
There is hereby added to Title 18 of the Camas Municipal Code a new chapter to be
entitled "Nonconforming Lots , Structures and Uses " . Such chapter shall be in the form attached
hereto as Exhibit "A " and by this reference incorporated herein .
Section II
There is hereby added to Title 18 of the Camas Municipal Code a new chapter to be
entitled " Conditional Use Permits " . Such chapter shall be in the form attached hereto as Exhibit
" B " and by this reference incorporated herein .
Section III
There is hereby added to Title 18 of the Camas Municipal Code a new chapter to be
entitled "Variances " . Such chapter shall be in the form attached hereto as Exhibit " C " and by
this reference incorporated herein .
Section IV
There is hereby added to Title 18 of the Camas Municipal Code a new chapter to be
entitled " Temporary Use Permits " . Such chapter shall be in the form attached hereto as Exhibit
" D " and by this reference incorporated herein .
Section V
There is hereby added to Title 18 of the Camas Municipal Code a new chapter to be
entitled " Unclassified Use Permits " . Such chapter shall be in the form attached hereto as Exhibit
" E " and by this reference incorporated herein .
Section VI
There is hereby added to Title 18 of the Camas Municipal Code a new chapter to be
entitled " Comprehensive Plan Amendments " . Such chapter shall be in the form attached hereto
as Exhibit " F " and by this reference incorporated herein .
Ordinance No . -` Page 2
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Section VII
There is hereby added to Title 18 of the Camas Municipal Code , a new chapter to be
entitled " Zoning Map Amendments " . Such chapter shall be in the form attached hereto as
Exhibit " G " and by this reference incorporated herein .
Section VIII
There is hereby added to Title 18 of the Camas Municipal Code , a new chapter to be
entitled " Development Code Administration" . Such chapter shall be in the form attached hereto
as Exhibit " H " and by this reference incorporated herein .
Section IX
The following chapters of the Camas Municipal Code are hereby repealed :
18 . 72 Nonconforming uses ; 18 . 76 Conditional Uses and Variances ; 14 . 01
Introduction to Development Code Administrations ; 14 . 03 Administration of Development
Code ; 14 . 05 Consolidated Application Process ; 14 . 07 Public Notice Requirement ; 14 . 09
Review and Approval Process ; 14 . 11 Appeal ; and 14 . 13 Enforcement .
Section X
This ordinance shall take force and be in effect five ( 5 ) days from and after its publication
according to law . 1K I"
PASSED by the Council and APPROVED by the Mayor this P day of J ary ,
7
2001 .
oe
10 'r
SIGNED : ¢• +
LL�._ a
ATTEST , % 'JON - -
Clerk
APP OVED as to form :
ity Attorney
J
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1 `I
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1
41 L4
MEMORANDUM
DATE . February 27 , 2001
TO : Joan Durgin, City Clerk
FROM : Phil Bourquin, Planner I
SUBJECT : CMC Chapters 18 . 41 , 18 . 43 , 18 . 45 , 18 . 47 , 18 . 51 , 18 . 53 , 18 . 55
Attached are the above CMC Chapters adopted by ordinance night 3 /26/01 , at the City
Council meeting . If you need anything else , please let me know .
G : Planning\Title 18pe 1 11, ' " £ 1
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18 . 41 Nonconforming Lots
Chapter 18 . 41 NONCONFORMING LOTSy STRUCTURES AND USES
Sections :
18 . 41 010 Purpose .
18 . 41 . 020 Scope ,
18 . 41 . 030 Definitions ,,
18 . 41 . 040 Builldable lot of record .
18 . 41 . 050 Continuance ,
Is
18 . 41 . 060 Discontinuance .
18 . 41 . 070 Nonconforming Structures .
18 . 41 . 080 Nonconforming land uses .
18 . 41 . 090 Nonconforming landscaping .
18 . 41 . 100 Nonconforming parking lots .
18 . 41 . 110 Nonconforming manufactured and mobile homes .
18 . 41 . 120 Signs .
18 . 41 . 130 Conversion = removal .
18 . 41 . 140 Agriculture/ Ranching (A/ R) Nonconforming
Permitted Use .
18 . 41 . 010 Purpose .
The purpose of this chapter is to establish limitations on the expansion of
nonconforming uses and structures .
18 . 41 . 020 Scope .
The provisions in this chapter shall apply to structures , land or uses which become
nonconforming as a result of a change of the zoning map , annexation , or changes
made in the in the zoning ordinance .
Special provisions address the Agriculture/ Ranching (A/ R ) designation in this
chapter . In the case of a conflict between the general provisions of this chapter
regulating nonconforming uses and the provisions of this section governing land
classified as A/ R , the provisions of A/ R sections shall prevail .
18 . 41 . 030 Definitions .
A . " Nonconforming building or structure " means any building or structure which
does not comply with one or more of the regulations in the zoning code by
reason of a change in the zoning map , annexation or a change in the zoning
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ordinance .
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18 . 41 Nonconforming Lots
Be " Nonconforming use " means a lawful use of land prior to the adoption ,
amendment or revision of this code , but fails by reason of such adoption ,
revision , or amendment to conform to the zoning district in which it is located .
C . " Lot of record " is a parcel which was in compliance with both the platting , if
applicable , and zoning laws in existence when the parcel was originally
created .
18 . 41 . 040 Buildable lot of record .
An authorized use or structure may be erected on a vacant lot of record containing
less area than required by the zone district in which it is located ; provided , setback
requirements as well as other applicable dimensional standards of this title are met .
( For example , a 50 x 100 ' ( 5000 sq . feet ) lot of record which is nonconforming by
current zoning regulations may be built upon as long as the setbacks , building
height , and lot coverage provisions are met . )
18 . 41 . 050 Continuance .
A . A nonconforming use or building may be continued , provided it complies with
the following sections : 18 . 41 . 070 " Nonconforming structures " and 18 . 41 . 080
" Nonconforming land uses . "
Be In order for a nonconforming use or building to continue it must have been
lawfully established prior to the change in the zoning map , annexation , or
change in the zoning code that caused it to be a nonconforming use or
building .
18 . 41 . 060 Discontinuance .
A . A nonconforming use shall be discontinued if it ceases to be used
continuously for that particular use for six consecutive months .
Be A nonconforming building or structure shall be discontinued if it ceases to be
used continuously for the purpose for which it was built for 12 consecutive
months .
co A nonconforming building or structure shall be discontinued if it is destroyed
by fire or other cause and rebuilding does not commence within 12 months .
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18 . 41 Nonconforming Lots
18 . 41 . 070 Nonconforming Structures .
A nonconforming structure or building may be continued so long as the structure
conforms to the following provisions :
A . A building conforming as to use but nonconforming as to the density
provisions of the district in which such building is located may be altered ,
repaired , or extended , providing that the alteration , repair , or extension does
not further exceed or violate the appropriate density provisions . ( For example ,
a building encroaching in a setback area shall not further encroach into the
setback area as a result of an alteration ) .
Be A building designed and built for , or devoted to , a nonconforming use at the
time of the adoption of the code , may not be enlarged or structurally altered
unless the use of such building is changed to a conforming use or to a more
appropriate use in accordance with Section 18 . 41 . 080 ( E . ) " Nonconforming
land uses . "
18 . 41 . 080 Nonconforming Land uses .
A nonconforming use of land may be continued so long as it is conforms to the
following provisions :
A . No such nonconforming use shall be enlarged or increased nor extended to
occupy a greater use than was occupied at the effective date of adoption of
this title ;
Be No nonconforming use shall be moved in whole or in part to any other portion
of the lot occupied by such use at the effective date of adoption or
amendment of this title ;
C . if any such nonconforming use ceases for any reason for a period of more
than six months , any subsequent use shall conform to the regulations
specified by this title for the district in which such use is located ;
® . No existing structure devoted to a use not permitted by this title in which it is
located shall be structurally altered , except in changing the use of the
structure to a use permitted in the zone in which it located ;
E . if non structural alterations are made , any nonconforming use of a structure
or structure and premises may be changed to another nonconforming use ,
provided that the Zoning Board of Appeals , by making finding in the specific
case , shall find that the proposed use is more appropriate to the zone than
the existing nonconforming use . In permitting such change , the Zoning Board
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18 . 41 Nonconforming Lots
of Appeals require appropriate conditions and safeguards in accord with the
provisions of this title ,
F . Any structure , or structure and land in combination , in or on which a
nonconforming use becomes a permitted use , shall thereafter conform to the
regulations for the zone in which such structure is located .
18 . 41 . 090 Nonconforming landscaping .
Adoption of the landscaping regulations contained in this title shall . not be construed
to require a change in the landscape improvements for any legal landscape area
which existed on the date of adoption of this title , unless and until change of use or
alteration of the structure is proposed .
At such time as a change is proposed for a use , or structure , and associated
premises , which does not comply with the landscape requirements of this title , a
landscape plan which substantially conforms to the requirements of this title shall be
submitted to the City prior to the issuance of building permits . The City may modify
the standards imposed by this title when , in its judgment , the existing and proposed
additional landscaping and screening materials together will adequately screen or
buffer possible use incompatibilities , soften the barren appearance of parking or
storage areas , and /or adequately enhance the premises appropriate to the use
district and location of the site .
18 . 41 . 100 Nonconforming parking lots .
Nothing in the " Parking " chapter ( 18 . 11 ) of this title shall be construed to require
change in any aspect of a structure or facility covered including but not limited to ,
parking lot layout , loading space requirements and curb - cuts , for any structure or
facility which existed on the date of adoption of this title .
if a change of use takes place , or an addition is proposed , which requires an
increase in the parking area the requirements of Chapter 18 . 11 " Parking " of this title
shall be complied with for the additional parking area .
18 . 41 . '110 Mobile homes . — Replacement — Manufactured homes
Legally preexisting mobile homes may continue to exist and be used , but if replaced
the replacement shall not be a mobile home . The mobile home may be replaced
with a HUD - approved manufactured home and must also meet the following
standards :
A . Shall have roofing material that is residential in appearance including , but not
limited to approved wood , asphalt composition shingles or fiberglass , but
excluding corrugated aluminum , corrugated fiberglass or metal roof ;
B . Shall have a minimum roof pitch of 3 inch rise for each 12 inches of run , or
about 25 % .
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C . Shall be installed in accordance with manufacturers instructions , which shall
include design specifications for earthquake and wind load factors .
® . Shall have exterior siding that is residential in appearance including , but not
limited to , clapboards , simulated clapboards such as conventional vinyl or
metal siding , wood shingles , shakes or similar material , but excluding smooth ,
ribbed , or corrugated metal or plastic panels ;
E . Shall have the hitch , axles and wheels removed .
F . Shall be set on a perimeter foundation or pier blocks , and thereafter , properly
backfilled or skirted .
18 . 41 . 120 Signs .
For nonconforming signs , see the applicable regulations in sections 18 . 15 . 190
through 18 . 15 . 210 .
18 . 41 . 130 Conversion = Removal .
A . Conversion or removal of a nonconforming structure or use shall be
commenced not later than 60 days after the date of abandonment and shall
41
be completed within six months thereafter .
Ba In the event of a failure of the owner of record to complete , or cause to be
completed , removal or conversion , the City Planner may within 90 days after
notice to the owner of record , cause or undertake removal of all
nonconforming structures or uses and charge the cost thereof against the
property .
18 . 4 '1 . 140 ,agriculture I Ranching (A/ R) mNonconforming Permitted Use
There is created a special category for nonconforming uses of land used either
commercially or noncommercially for the raising of crops or livestock or an similarly
y
related farming , ranching or agricultural use . Such land shall be classified A/ R . In
the case of a conflict between the general provisions of this chapter regulating
nonconforming uses and the provisions of this section governing land classified as
A/ R , the provisions of this section shall prevail :
A . Annexation . Any land annexed to the City that is used either commercially or
noncommercially for the raising of crops or livestock or any similarly related
farming , ranching or agricultural purpose shall be classified as A/ R . Subject
to the provisions of this section regarding sale , partition , conveyance , or other
transfer of such land , and subject to the provisions of Section 18 . 41 . 060
regarding discontinuance of use , the A/ R classification shall be perpetual .
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18 . 41 Nonconforming Lots
B . Sale restrictions . Property that is classified as AIR and that is sold , conveyed ,
or transferred as an entire unit shall continue to be classified as A/ R so long
as the new owner or transferee continues to use the land for agricultural
purposes . An entire unit of land for agricultural purposes of this section , shall
include all land that is owned by the same person or persons and that is
contiguous , exclusive - of public roads .
CO Partial sale . Upon sale , conveyance , transfer , or partition of less than an
entire unit of land , only one parcel of the entire unit of land so divided shall be
allowed to retain the A/ R classification . The parcel retaining the A/ R
classification shall be designated by the seller , must consist of a minimum of
10 acres , and must then constitute an entire unit of land that will continue to
be used for agricultural purposes . The parcel or parcels not retaining the A/ R
classification shall be no longer classified as nonconforming and shall be
zoned in accordance with the zoning classification then in effect pursuant to
the zoning ordinance of the City .
D . Residential Structures . A second residential structure may be constructed on
land classified A/ R without requiring a pardi tition or sale of the land , and without
causing a change in the A/ R classification of the land , provided however , that
ownership of the entire unit of land shall remain within the same family . For
purposes of this section , family shall include lineal descendants , lineal
ascendants , and siblings of the record owner of said land .
E . Construction of any new residential structures or garages used for
nonagricultural purposes and any alterations , modifications or additions to
existing residences or garages used for nonagricultural purposes shall be
done in conformity with the City building code and shall be subject to standard
permit fees and inspection procedures .
F . Accessory structures . Accessory or secondary structures used for
agricultural purposes and alteration , modification , and additions to existing
accessory or secondary structures used for agricultural purposes shall be
exempt from City building code requirement including permit fees and
inspections . Nothing contained in this section shall be deemed to exempt
such accessory structures from applicable state safety , health and
construction regulations .
G . Such accessory or secondary structures used for agricultural purposes shall
not be subject to density or setback requirements of the City , except that any
new accessory structures shall be set back at least 50 feet from the property
line when land classified A/ R abuts property which is not classified A/ R .
H . Fences . Barbed wire and electric fences shall be permitted on land classified
A/ R . All electric fences in such instances shall be clearly identified .
Maintenance , repair , and replacement of existing fences shall be governed by
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18 . 41 Nonconforming Lots
state law . The provisions of Section 18 . 17 . 050 " Fences . " of this code shall
not apply to land classified A/ R .
10 water systems_ Land classified A/ R shall be permitted to have its own
domestic and agricultural water supply systems so long as the water used for
domestic purposes meets state health and safety standards . Periodic
inspections of domestic water systems may a comp be required to insure Iiance
p
with state health standards , or in the alternative , proof of compliance with
state health standards may be required .
J . Sanitary systems . Land classified A/ R shall be permitted to have its own self-
contained sanitary system so long as the entire unit of land consists of one
acre or more . State health standards shall apply to such sanitary systems
and the operations thereof, and periodic inspections or proof of compliance
may be required to insure that such health standards are not being violated .
K . Lot clearing . City ordinances governing the clearing of vacant land lots shall
not be applicable to land classified as A/ R ; provided , however , that the vacant
land lot clearing regulations will apply to a 15 foot strip adjacent both to any
public road and to any contiguous property not classified A/ R . Nothing in this
section shall be construed to relieve the owner of such land from state and
county regulations for weed control , such as : tansy ragwort , Canadian
thistles , and other noxious weeds .
L . Product sale . Sales of products derived from farming , ranching and similar
agricultural activities on land designated A/ R may be conducted on such
property and shall be subject to state regulations governing the same .
me Signs . The regulations governing signs in Chapter 18 . 15 for the respective
zones shall be applicable .
N . Variance - Conditional use . The provisions of Chapter 18 . 43 and 18 . 45 of this
code pertaining to conditional uses and variances shall be applicable to
property classified A/ R .
O . Nuisances . Sounds , odors , activities , and conditions that are incidental to
and a normal part of agricultural uses shall not be a cause for complaint and
shall not constitute a nuisance on land classified A/ R under the relevant
ordinances of the City .
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18 . 43 -- Conditional Use Permits
chapter 18 . 43 CONDITIONAL USE PERMITS
Sections :
18 . 43 . 010 Purpose .
18 . 43 . 020 Scope .
18 . 43 . 030 Application .
18 . 43 . 040 Hearing .
18 . 43 . 050 Criteria .
18 . 43 . 060 Determination ,
18 . 43 . 070 Expiration and renewal .
18 . 43 . 080 Revocation of permit .
18 . 43 . 090 Performance bond or security .
18 . 43 . 100 Resubmittal of application .
18 . 43 . 110 Appeal
18 . 43 . 010 Purpose
It is the purpose of this chapter to establish review and permit approval procedures
for unusual or unique types of land uses which , due to their nature , require special
consideration of the impact on the neighborhood and land uses in the vicinity . The
uses in this chapter may be located in any district , unless specifically not permitted ,
by special permission of the Planning Commission and Council .
18 . 43 . 020 Scope .
This chapter shall apply for each application for a conditional use permit ( CUP ) .
indicated by a " C " in the use tables contained in Chapter 18 . 07
Only those uses
" Use Authorization " will be considered for a conditional use permit .
18 . 43 . 030 Application .
Application for a conditional use permit shall be filed with the Planning Department
on forms provided by the City . The application shall be accompanied by a filing fee
as may be set from time to time by resolution of the City Council . The application
and review process shall be in conformance with Chapter 18 . 55 " Development
Administration , " in the Camas Municipal Code ,
18 . 43 . 040 Hearing .
Upon completion of review of the proposed project by the Planning Department , the
Planning Commission shall schedule a public hearing to consider the application for
the conditional use permit . Public notice and hearing shall be made in accordance
with Chapter 18 . 55 " Development Administration . " Following the public hearing , the
Planning Commission shall make a recommendation regarding the proposed project
which shall be forwarded to the City Council for its consideration . The City Council
need not hold a public hearing on the permit application but shall consider the
Planning Commission recommendation at a regular Council meeting . The Planning
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18 . 43 — Conditional Use Permits
Commission shall adopt findings and make a recommendaiton to approve , deny , or
approve the application with conditions .
15 . 43 . 050 criteria .
The Planning Commission and Council shall be guided by all of the following criteria
in recommending a conditional use permit :
A . The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity of the proposed use or
in the district in which the subject property is situated ;
Be The proposed use shall meet or exceed the development standards that are
required in the zoning district in which it will occupy ;
C . The proposed use shall be compatible with the surrounding land uses in
terms of traffic and pedestrian circulation , building and site design ;
D . Appropriate measures have been taken to minimize the possible adverse
impacts that the proposed use may have on the area in which it is located .
E . The proposed use is consistent with the goals and policies expressed in the
Comprehensive Plan .
In granting a conditional use permit the Planning Commission and Council may
stipulate additional requirements to carry out the intent of the Camas Municipal Code
and Comprehensive Plan .
15 . 43 . 060 Determination .
Following the public hearing the Planning Commission shall transmit without delay to
the Council the application , its findings , and its recommendation , together with any
stipulated terms and conditions of approval .
After receiving and hearing the report of the Planning Commission , the City Council
may approve or deny the application . In allowing a conditional use the City Council
may impose conditions stipulated by the Planning Commission in its report of
recommendation , and may impose such additional conditions as it deems
necessary .
The City Council shall promptly advise the Public Works Department of its action ,
and if an application is approved , the City Planner shall incorporate the terms and
conditions stipulated by the City Council in the issuance of permits to the applicant .
18 . 43 . 070 Expiration and renewal .
A conditional use permit shall automatically expire one year after the date it was
granted by theCity Council , unless a building permit conforming to the plans for
which the CUP was granted is obtained within that period of time . A CUP shall
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18 . 43 -- Conditional Use Permits
automatically expire unless substantial construction of the proposed development is
completed within two years from the date the4 CUP is granted by the City Council .
The City Council may authorize longer periods for a CUP if appropriate for the
project . The City Council may grant a single renewal of the CUP if the party
seeking the renewal can demonstrate extraordinary circumstances or conditions not
known or foreseeable at the time the original application for a CUP was granted ,
which would not warrant such a renewal of a CUP .
13 . 43 . 080 Revocation of permit .
The Planning Commission may make recommendation to revoke or modify a
conditional use permit . Such revocation or modification shall be made on any one or
more of the following grounds :
A . The approval was obtained by deception , fraud , or other intentional and
misleading representations ;
B . The use appproved has been abandoned ;
Co The use approved has at any time ceased for a period of one year or more ;
D . The permit granted is being exercised contrary to the terms or conditions of
such approval or in violation of any statute , resolution , code , law or regulation .
Any aggrieved party may petition the Planning Commission in writing to initiate
revocation or modification proceedings . Before a conditional use permit may be
revoked or modified , a public hearing shall be held . Procedures concerning notice ,
reporting and final decisions shall be the same as required by this chapter for the
initial consideration of a CUP application .
13 . 43 . 090 Performance bond or security .
A performance bond or other adequate and appropriate security may be required by
the City Council for any elements of the proposed project which the City Council
determines are crucial to the protection of the public welfare . Such bond shall be in
an amount equal to 100 % of the cost of the installation or construction of the
applicable improvements .
18 . 43 . 100 Resubmittal of application .
An application for a conditional use permit that has been denied may not be
resubmitted within one year from the date of City Council disapproval .
18 . 43 . 110 Appeal .
Appeal of a City Council decision may be initiated in accordance with the process for
Appeals in Chapter 18 . 55 " Development Administration . "
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Chapter 18 . 45 VARIANCES
Sections :
18 . 45 . 010 Purpose .
18 . 45 . 020 Planning Commission authorization .
AN
18 . 45 . 030 Criteria for granting a variance .
18 . 45 . 040 Conditions for granting - extension .
18 . 45 . 050 Application requirements .
Do
18 . 45 . 060 Application - hearing and notice .
18 . 45 . 070 Application - Board decision .
18 . 45 . 080 Prohibited variance .
18 . 45 . 090 Appeal .
18 . 45 . 010 Purpose .
It is the purpose of this chapter to authorize upon appeal in specific cases , such
variances from the provisions of the zoning ordinance or other land use regulatory
ordinance as the City may adopt which will not be contrary to the public interest and
only where , owing to special conditions , a literal enforcement of the provisions of
such ordinances ) would result in unnecessary hardship .
IN
18 . 45 . 020 Planning Commission authorization .
Where an applicant requests a variance simultaneous with another development
permit , the Planning Commission is authorized to recommend to the City Council the
granting or denial of a variance . In acting upon a variance the Planning Commission
and Council shall follow the procedures and criteria specifically required in this
chapter in making a decision .
18 . 45 . 030 Criteria for granting a variance .
The Zoning Board of Adjustment , ( or Planning Commission in accordance with
Section 18 . 45 . 020 ) shall consider all requests for variances from the zoning code ; a
variance from the provisions of such ordinances shall not be granted unless all of the
following facts and conditions exist ;
A . The variance shall not constitute a grant of special privilege inconsistent with
the limitation upon uses of other properties in the vicinity and in the zone in
which the application was filed is located ;
B . The variance is necessary because of special circumstances relating to the
size , shape , topography , location or surrounding of the subject property in
it with use , rights , and privileges permitted to other properties
order to provide
in the vicinity and in the zone in which the subject property is located ;
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C . The granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and in the
zone in which the subject property is located ,
D . The authorization of such variance will not adversely affect the implementation
of the Comprehensive Plan ;
E . The granting of such variance does not diminish the & property rights enjoyed by
the owners in the same vicinity .
18 . 45 . 040 Conditions for granting -extension .
In authorizing the variance , the Zoning Board of Adjustment may attach thereto such
conditions that it deems to be necessary or desirable in order to carry out the intent
and purpose of this chapter and the public interest . A variance so authorized shall
become void after the expiration of one year or longer period as specified at the
time of the Zoning Board of Adjustment action , if no building permit has been issued
in accordance with the plans for which such variance was authorized , except that the
Zoning Board of Adjustment may extend the period of variance authorization without
a public hearing for a period not to exceed 12 months upon a finding that there has
been no basic change in pertinent conditions surrounding the property since the time
of the original approval .
18 . 45 . 050 Application requirements .
An application to the Zoning Board of Adjustment for the issuance of a variance shall
be made on forms provided by the City . All applications shall be accompanied by a
filing fee set time to time by resolution of the City Council .
18 . 45 . 060 Application - hearing and notice .
When a proper and complete variance application has been filed , and reviewed by
the Building Department , the Zoning Board of Adjustment shall set a date for public
hearing , pursuant to notice requirements of Chapter 18 . 55 Development Code
Administration of the Camas Municipal Code .
18 . 45 . 070 Application - Board decision .
The Zoning Board of Adjustment shall decide all applications no later than 45 days
after the public hearing .
18 . 45 . 080 Prohibited variance .
Under no circumstances shall. the Zoning Board of Adjustment grant a variance to
permit a use not outright or conditionally permitted in the zone involved , or any use
expressly or by implication prohibited by the terms of this title .
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18 . 45 . 090 Appeal .
The action of the Zoning Board of Adjustment in granting or denying the application
for a variance shall be final and conclusive , unless , within ten days from the date of
the Board ' s action , the original applicant or an aggrieved party petitions the Superior
Court of Clark County under the Land Use Petition Act ,
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18 . 47 Temporary Use Permits
Chapter 18 . 47 TEMPORAR%1 USE PERMITS
Section :
18 . 47 . 010 Purpose .
18 . 47 . 020 Permit required .
18 . 47 . 030 Application .
18 . 47 . 040 Exemptions .
18 . 47 . 050 Criteria for approval .
18 . 47 . 060 Time limitation .
18 . 47 . 070 Limitation on activity .
18 . 47 . 080 Removal of temporary use .
18 . 47 . 090 Abatement .
18 . 47 . 100 Assurance device .
18 . 47 . 010 Purpose .
It is the purpose of this chapter to provide an administrative approval process
whereby the City may permit uses to locate within the City on an interim basis
without requiring full compliance with the development standards for the applicable
zoning district , or by which the City may allow seasonal or transient uses not
otherwise permitted .
18 . 47 . 020 Permit Required .
A . No temporary use shall be permitted within the City except in accordance with
the provisions of this chapter . A temporary use permit is required for
temporary uses except those specifically exempted pursuant to Section
18 . 47 . 040 " Exemptions . "
B . The property owner or the agent of the property owner may apply for a
temporary use permit on private property . Any person may apply for a
temporary use permit within a public right - of-way .
18 . 47 . 030 Application .
The application for a temporary use permit shall be submitted on forms obtained
from the Public Works Department . The application shall contain all the information
required by the City . The Public Works Department shall verify that the application
is consistent with the requirements of this chapter , and that the application contains
proof of a legitimate business , if applicable . Temporary uses shall be processed in
accordance with Section 18 . 55 . 190 "Administrative approvals without notice . "
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18 . 47 Temporary Use Permits
18 . 47 . 040 Exemptions ,
The following activities are exempt from the permit requirements of this chapter , but
shall comply with other substantive requirements of this chapter , unless specifically
noted otherwise :
A . Garage sale and yard sale ;
Be City sponsored uses and activities not occurring within a structure , and
occurring at regular periodic intervals ( Le . , weekly , monthly , yearly , etc . ) .
18 . 47 . 050 Criteria for approval .
A . The Head of Planning Department may approve , or modify and approve an
application for a temporary use permit if all of the application satisfies all of
the following criteria :
1 . The temporary use will not be materially detrimental to the public health ,
safety or welfare , nor injurious to property or improvements in the
immediate vicinity ;
2 . The temporary use is compatible with the purpose and intent of this title ,
and the specific zoning district in which it will be located in accordance
with the Chapter 18 . 07 " Use Authorization ; "
2 . The temporary use is compatible in intensity and appearance with existing
land uses in the immediate vicinity ;
3 . Structures proposed for the temporary use comply with the setback and
vision clearance area requirements of this title , and with applicable
provisions of the Building and Fire Codes ;
4 . Adequate parking is available to serve the temporary use , and if
applicable , the temporary use does not occupy required off- street parking
areas for adjacent or nearby uses .
5 . Hours of operation of the temporary use are specified ;
6 . The temporary use will not cause noise , light , or glare which adversely
impacts surrounding land uses .
Be The Head of Planning Department may authorize a temporary use permit for
a use not specifically listed in Chapter 18 . 07 " Use Authorization . "
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18 . 47 . 060 Time limitation .
A temporary use is valid for up to 180 calendar days from the effective date of the
permit , however , the head of Planning Department may establish a shorter time
frame . The head of Planning Department may grant one extension not to exceed 60
days , upon the applicant showing compliance with all conditions of permit approval .
18 . 47 . 070 Limitation on activity .
A property owner or other holder of a temporary use permit may not file an
application for a successive temporary use permit for 60 days following the
expiration of an approval permit applying to that property .
18 . 47 . 080 Removal of a temporary use .
The head of Planning Department shall establish , as a condition of each temporary
p Y
use permit , a time within which the use and all physical evidence of the use must be
removed . If the applicant has not removed the use as required by the temporary use
permit , the City may abate the use as provided in Section 18 . 47 . 090 "Abatement . "
18 . 47 . 090 Abatement .
Prior to the approval of a temporary use permit , the applicant shall submit to the
head of Planning Department an irrevocable , signed and notarized statement
granting the City permission to summarily enter the applicant ' s property with
reasonable notice and abate the temporary use , and all physical evidence of that
use if it has not been removed as required by the terms of the permit . The
statement shall also indicate that the applicant will reimburse the City for any
expenses incurred in abating a temporary use under the authority of this chapter .
18 . 47 . 100 Assurance device .
In appropriate circumstances , the head of Planning Department may require a
reasonable performance of maintenance assurance device , in a form acceptable to
the Finance Department , to assure compliance with the provisions of this title and
the temporary use permit as approved .
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18 . 49 Unclassified Use Permits
Chapter 18 . 49 UNCLASSIFIED USE PERMITS .
Sections :
18 . 49 . 010 Purpose .
18 . 49 . 020 Uses requiring an unclassified use permit .
18 . 49 . 030 Area and dimensional requirements .
18 . 49 . 040 Application requirements .
18 . 49 . 050 Notice and hearing requirements .
18 . 49 . 080 Criteria ,
18 . 49 . 070 Expiration and renewal .
18 . 49 . 080 Revocation of permit .
18 . 49 . 090 Performance bond and other security .
18 . 49 . 100 Resubmittal of application .
18 . 49 . 010 Purpose .
It is the purpose of this chapter to establish procedures for the regulation of uses
possessing unusual , large - scale , unique or special characteristics that make
impractical their being included in the various zone districts previously defined in
Chapter 18 . 05 " Zoning Map and Districts . "
18 . 49 . 020 Uses requiring) an unclassified , use permit ( UUP ) .
Uses not listed in Chapter 18 . 07 "Authorized Use " require an unclassified use permit
processed as provided in this chapter .
18 . 49 . 030 Area and dimensional requirements .
A . The requirements for front , rear and side yards and open spaces and
landscaping applicable to the underlying zone classification in which any such
use is proposed to be located shall prevail , unless specific modifications are
required in granting the unclassified use permit .
Be The provisions applying to height and minimum lot area and width applicable
to the underlying zone classification in which any such use is proposed to be
located shall prevail unless specific modifications are required in granting the
UUP .
18 . 49 . 040 Application requirements .
Application for an unclassified use permit shall be filed with the Planning Department
on forms provided by that office . All applications shall be accompanied by a filing
fee as set from time to time by resolution of the City Council .
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18 . 49 Unclassified Use Permits
18 . 49 . 050 Notice and hearing requirements .
Upon completion of review of the proposed project by the Public Works Department ,
the Planning Commission shall schedule a public hearing to consider the application
for the unclassified use permit . Public notice and hearing shall be made in
accordance with Chapter 18 . 55 Development Code Administration . Following the
public hearing the Planning Commission shall make a recommendation to the City
Council regarding the proposed project . The City Council shall adopt findings and
shall specifically state what is approved and any conditions thereon .
1 8 . 49 . 050 Criteria .
The Planning Commission and City Council shall be guided by all of the following
criteria in granting an unclassified use permit :
A . The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity ;
co The proposed use shall meet or exceed the same standards for parking ,
landscaping , yards and other development regulations that are required in the
d istrict it wil I occupy ;
D . The proposed use shall be compatible generally with the surrounding land
uses ;
E . The proposed use shall be in keeping with the goals , objectives , and policies
the Comprehensive Plan .
F . All measures shall be taken to minimize the possible adverse impacts that the
proposed use may have on the area in which it is located .
18 . 49 . 070 Expiration and renewal .
An unclassified use permit shall automatically expire one year after the date it was
granted by the City Council unless a building permit conforming to plans upon which
the permit was granted is obtained within that period of time . An unclassified use
permit shall automatically expire unless substantial construction shall be completed
within two years from the date the unclassified use permit is granted by the City
Council , unless a renewal is granted or unless the UUP specifically provides for a
period greater than two years . The City Council , upon recommendation of the
Planning Commission , may renew an unclassified use permit for a maximum period
of one additional year . No more than one renewal shall be issued for any UUP . A
renewal may be granted only if there have been no pertinent changes in conditions
surrounding the property since the time of original approval . No hearing is required
for renewal of an unclassified use permit .
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18 . 49 Unclassified Use Permits
18 . 49 . 080 Revocation of permit .
The City Council may revoke or modify a unclassified use permit . Any aggrieved
party may petition the Planning Commission in writing to initiate revocation or
modification proceedings , such revocation or modification shall be made on any
one or more of the following grounds :
A . The approval was obtained by deception , fraud , or other intentional and
misleading representations ;
B . The use approved has been abandoned ;
C . The use approved has at any time ceased for a period of one year or more ;
D . The permit granted is being exercised contrary to the terms or conditions of
such approval or in violation of any statute , resolution , code , law or
regulations ; or
Before an unclassified use permit may be revoked or modified , a public hearing shall
be held . Procedures concerning notice , reporting and appeals shall be the same as
required by this chapter for the initial consideration of a unclassified use permit
application .
18 . 49 . 090 Performance bond or security .
A performance bond or other adequate and appropriate security may be required by
the City for any elements of the proposed project which the City determines are
crucial to the protection of the public welfare . Such bond shall be in an amount
equal to 100 % of the cost of the installation or construction of the applicable
improvements .
18 . 49 .100 Resubmittal of application .
An application for a unclassified use permit which has been denied may not be
resubmitted within one year from the date of City Council disapproval .
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18 . 51 — Comprehensive Plan Amendments
Chapter 18 . 51 COMPREHENSIVE PLAN AMENDMENTS
Sections :
18 . 51 . 010 Application and criteria therein .
18 . 51 . 020 Application review .
18 . 51 . 030 Notification and hearing .
18 . 51 . 040 Staff report .
18 . 51 . 050 Council consideration and decision .
18 . 51 . 010 Application and criteria therein .
Any interested person ( including applicants , citizens , Planning Commission , City
Council , City staff and other agencies ) may submit an application in the month of
January each year for a Comprehensive Plan amendment . The application shall
specify :
A . A detailed statement of what is proposed and why ;
S . A statement of the anticipated impacts of the change , including the
geographic area affected and issues presented by the proposed change ;
CO An explanation of why the current Comprehensive Plan is deficient or should
not continue in effect ;
D . A statement of how the proposed amendment complies with and promotes
the goals and specific requirements of the Growth Management Act ;
E . A statement of what changes , if any , would be required in functional plans
( i . e . , the City ' s water , sewer , storm water or shoreline plans } if the proposed
amendment is adopted ;
F . A statement of what capital improvements , if any , would be needed to support
the proposed change which will affect the capital facilities plans of the City ;
and
G . A statement of what other changes , if any , are required in other city or county
codes , plans or regulations to implement the proposed change .
H . The application shall include an Environmental Checklist in accordance with
the State Environment Policy Act ( SEPA ) .
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18 . 51 — Comprehensive Plan Amendments
18 . 51 . 020 Application Review ,
The Comprehensive Plan shall be reviewed once a year in accordance with RCW
35A . 63 . 070 now 073 , unless there is an emergency , with the following procedure :
A . In the months of November and December , City staff and applicants shall
complete pre - application meetings .
Be In the month of January of each year , applicants shall submit an application
form containing all of the information required by Section 18 . 51 0010
"Application and criteria therein . "
C . In the months of February and March of each year , the City shall review all
proposed changes ( including any changes initiated by the City of Camas ) . If
no amendments are received , the Chairman of the Planning Commission
shall so report to the Mayor and City Council , and the annual review of the
Comprehensive Plan shall be considered completed . The City may take as
much as 60 days from the closing of the application period ( January 31 ) to
complete the initial review of proposals . Environmental determination
requirements associated with an application may lengthen this period .
18 . 51 . 030 Notification and hearing .
Upon consideration of any amendment , modification , or alteration to the
Comprehensive Plan , the Planning Commission shall hold at least one public
hearing on the proposed amendment . Notice of the time , place and purpose of such
public hearing shall be published in the official newspaper of the City at least 10
days prior the date of the hearing . The hearing may be continued from time to time
at the discretion of the Planning Commission , but no additional notices need be
published . These procedures are in accordance with Section 18 . 55 . 160 " Notice of
public hearing . "
18 . 51 . 040 Staff report .
At least two weeks prior to Planning Commission consideration of any proposed
amendments to the Comprehensive Plan , the Planning Department shall prepare
and submit to the Planning Commission a staff report which addresses the following :
A . The issues set forth in this chapter ,
Be impact upon the City of Camas Comprehensive Plan and zoning code ;
C . Impact upon surrounding properties , if applicable ;
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D . Alternatives to the proposed amendment ; and
E . Appropriate code citations and other relevant documents .
F . The report shall include a copy of the application for each proposed
amendment , any written comments on the proposals received by the
Department , and shall contain the Department ' s recommendation on
adoption , rejection or deferral of each proposed change .
1 8 . 51 . 050 Council consideration and decision .
Subsequent to Planning Commission review and recommendation , the City Council
shall consider each request for an amendment to the Comprehensive Plan at a
ime the applicant will be allowed to make a presentati
public meeting , at which ton .
Any person submitting a written comment on the proposed change shall also be
allowed an opportunity to make a responsive oral presentation . Such opportunities
for oral presentation shall be subject to reasonable time limitations established by
the Council .
A . At minimum the criteria the City Council shall use to make a decision on a
proposed amendment are as follows :
1 . The application and criteria established therein ;
2 . The staff report and recommendation ,
3 . The Planning Commission recommendation .
4 . The public interest .
B . The City Council shall make a decision by motion , resolution , or ordinance as
appropriate . The City Council decision on a Planning Commission
recommendation following a public hearing shall include one of the following
actions :
1 . Approve as recommended .
2 . Approve with additional conditions .
3 . Modify , with or without the applicant ' s concurrence .
4 . Deny ( resubmittal is not allowed until the next year ) .
5 . Remand the proposal back to the Planning Commission for further
proceedings .
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18 . 53 Zoning Map Amendments
Chapter 18 . 53 ZONING MAIC AMENDMENTS
Sections :
18 . 53 . 010 ,Application submittal .
18 . 53 . 020 Notification and hearing required .
18 . 53 . 030 Criteria for granting zoning map reclassifications .
18 . 53 . 040 City Council action .
18 . 53 . 010 Application submittal .
An amendment to the zoning map by altering district boundaries may be initiated by
the City Council , Planning Commission , or by application of a property owner or his
authorized agent . A zoning map amendment shall not entail a change to the
Comprehensive Plan Map . Such amendments shall be made on a formal application
form to be submitted to the Planning Commission and filed with the City Clerk . All
applications shall be accompanied by a filing fee as set from time to time by
resolution of the City Council , and shall contain such information as may be required
by the Planning Commission .
After a duly scheduled public hearing , the Planning Commission shall transmit its
recommendations to the City Council along with any necessary covenants or
agreements which have been fully executed by the petitioner .
Is
18 . 53 . 020 Notification and hearing required .
Upon consideration of any amendment , modification , or alteration to the Zoning
Map , the Planning Commission shall hold at least one public hearing on the
proposed amendment . Notice of the time , place and purpose of such public hearing
shall be published in the official newspaper of the City at least 10 days prior the date
of the hearing . The hearing may be continued from time to time at the discretion of
the Planning Commission , but not additional notices need be published . These
procedures are in accordance with Section 18 . 55 . 160 " Notice of public hearing . "
18 . 53 . 030 Criteria for granting zoning map reclassifications .
The Planning Commission and City Council shall be guided by the ' following criteria
in granting reclassification requests to the zoning map of this title :
A . The use or change in zoning requested shall be in conformity with the
adopted Comprehensive Plan , the provisions of this title , and the public
interest ;
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18 . 53 Zoning Map Amendments
Be The use or change in zoning requested in the zoning map or this title for the
establishment of commercial , industrial , or residential use shall be supported
by an architectural site pian showing the proposed development , if any , and
its relationship to surrounding areas as set forth in the application form .
18 . 53 . 040 City Council Action .
Upon receipt of all necessary documents and the recommendation of the Planning
Commission , the City Council may act on said recommendation without further
public hearing .
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18 . 55 Development Code Administration
Chapter '1855 DEVELOPMENT CODE ADMINISTRATION
Sections ,
Article I Introduction ,
18 . 55 . 010 Purpose .
18 . 55 . 020 Conflict of provisions .
Article 11 Administration ,
18 . 55 . 030 Roles and responsibilities .
18 . 55 . 040 Administrative decisions .
18 . 55 . 050 Zoning Board of Adjustment .
18 . 55 . 060 Planning Commission ,
18 . 55 . 070 City Council .
Article III Consolidation application process
18 . 55 . 080 Application ,
18 . 55 . 090 Pre - application meetings .
18 . 55 . 100 Contents of applications .
18 . 55 . 110 Letter of completeness .
18 . 55 . 120 Technical review committee .
18 . 55 . 130 Environmental review .
Article IV Public Notice Requirements
18 . 55 . 140 Notice of development application .
18 . 55 . 150 Notice of administrative approvals ,
18 . 55 . 160 Notice of public hearing .
18 . 55 . 170 Notice of appeal hearing .
18 . 55 . 180 Notice of decision .
Article V Review and Approval Process
18 . 55 . 190 Administrative approvals without notice .
18 . 55 . 200 Administrative approvals subject of notice .
18 . 55 . 210 Planning Commission review and recommendation .
18 . 55 . 220 City Council action .
18 . 55 . 230 Procedures for public hearings .
18 . 55 . 240 Procedures for closed record appeals .
18 . 55 . 250 Reconsideration .
18 . 55 . 260 Remand .
18 . 55 . 270 Final Decision .
Article VI Appeals
trative interpretations and approvals .
18 , 55 . 280 Appeal of adminis
18 . 55 . 290 Appeal of Planning Commission recommendations .
18 . 55 . 300 Appeal to the City Council .
18 . 55 . 310 Judicial appeal .
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18 . 55 Development Code Administration
Article Vii Enforcement
18 . 55 . 320 Enforcing authority .
18 . 55 . 330 General penalty .
18 . 55 . 340 Application ,
18 . 55 . 350 Civil regulatory order .
18 . 55 . 360 Civil fines .
18 . 55 . 370 Review of approved permits .
18 . 55 . 380 Revocation or modification of permits and approvals .
Article Vlll Tables
18 . 55 . 390 Development review tables .
1 . 8 . 55 . 400 Table 1 Development Review and Approval Authority
18 . 55 . 410 Table 2 Development Review Process
Article I Introduction
18 . 55 . 01 0 Purpose .
This chapter provides for application , review and approval processes for land
development in the City of Camas . It is further intended to comply with state
guidelines for combining and expediting development review and integrating
environmental review and land use development plans . Final decision on
development proposals shall be made within 120 days of the date of the Letter of
Completeness except as provided in section 18 . 55 . 270 " Final Decision . "
18 . 55 . 020 Conflict of provisions .
In the event of any conflict between the provisions of this Chapter and the provisions
of Title 15 relating to building , Title 16 relating to environment , Title 17 relating to
subdivisions , and this chapter , the provisions of this chapter shall prevail .
ARTICLE II ADMINISTRATION
18 . 55 . 030 Roles and responsibilities .
The regulation of land development is a cooperative activity including many different
elected and appointed boards and City staff . The specific responsibilities of these
bodies is set forth in Table 18 . 55 - 1
A developer is expected to read and understand the City Development Code and be
prepared to fulfill the obligations placed on the developer by this chapter and Titles
15 through 18 of the Camas Municipal Code .
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Table 18 . 55 = 1 Roles and Responsibilities
Roles : Responsibilities :
Director of Public works : • Threshold and final environmental
determinations .
• Shoreline permits
• Reviews subdivision , planned
developments , and binding site
plans
City Engineer : • Clearing / Grading permit
• Right- of-way use
• Encroachment permit
• Reviews subdivision , planned
developments , and binding site
plans
City Planner : • Minor modifications / planning
• Design Review
• Lot line adjustment
Short plat
• Variances/ planning related
• Conditional use permit
• Unclassified use permit
• Temporary use permit
• Planned developments
• Subdivisions preliminary and final
plat
• Binding site plan
• Threshold and final environmental
determinations .
• Shoreline permits
• Zoning code amendments
• Comprehensive plan amendments
• Annexation
• Area - wide zoning
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18 . 55 Development Code Administration
Roles : Responsibilities .
Building Official : • Certificate of occupancy
® Minor modifications / building
• Building permits
• Home occupation permit
• Variances/ building related
Fire Marshal : Reviews subdivision , planned
developments , and binding site
plans
18 . 55 . 040 Administrative ® ecisions .
The Director ( s ) shall review and act on the following :
A . Authority : Director of Public Works , City Planner , City Engineer , Fire Marshal ,
and Building Official are responsible for the administration of Titles 15 through
18 of the Camas Municipal Code ,
B . Delegation : The Directors may delegate responsibility for Administrative
Approvals to an appropriate Designee .
Co Administrative Approvals : The Director of Planning or the Director of Public
Works or their Designees may approve , approve with conditions or deny the
following without notice :
1 . Certificate of occupancy ;
2 . Home occupation permit ;
3 . Minor amendments or modifications to approved developments or permits .
Minor amendments are those which may affect the precise dimensions or
location of buildings , accessory structures and driveways , but do not affect
( i ) overall project character , ( ii } increase the number of lots , dwelling units ,
or density or ( iii ) decrease the quality or amount of open space ;
4 . Right- of-way use ;
5 . Residential or commercial building permits ;
6 . Lot line adjustment ;
7 . Development code interpretations ;
8 . Temporary use permit ;
9 . Design Review ,
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D . The Directors may grant preliminary approval or approval with conditions , or
may deny the following actions subject to the notice and appeal requirements
of this section :
1 . Clearing and Grading permit ;
2 . Short Plat ;
3 . Threshold and final determinations ( SEPA ) .
18 . 55 . 050 Zoning Board of Adjustment
The Zoning Board of Adjustment shall review and act on the following subjects :
A . Variances not connected with an underlying land use action , approved by
Planning Commission and Council from the standards and dimensional
regulations of the Zoning Code , Title 18 , such as height , width , size , setback
and yard restrictions .
B . Amortization periods for nonconforming signs .
C . Appeals from other administrative decisions as may be determined by other
ordinances of the City .
The review criteria and procedures for the Zoning Board of Adjustment are
contained in Chapter 18 . 45 "Variances .IN "
18 . 55 . 060 Planning Commission .
The Planning Commission shall review and make recommendations on the following
applications and subjects .
A . Conditional Use Permit ;
B . Variances in accordance with Section 18 . 45 . 020 ;
C . Unclassified Use Permit ;
D . Planned Developments ;
E . Preliminary Plat ;
F . Binding Site Plan ;
G . Shoreline Permits ;
HO Street Vacation ;
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I . Special Planning Studies ;
J . Planning Policies and Procedures ;
Ko Project Rezones ;
L . Area -Wide Zoning ;
M . Comprehensive Plan Amendments ;
No Amendments to the Zoning Map ,
0 . Amendments to the Building Code ( Title 15 ) , Environment Code ( Title 16 ) ,
Subdivision Code ( Title 17 ) , and Zoning Code (Title 18 ) ; or
P . other actions requested or remanded by the City Council .
Q . The review criteria for certain of the actions are contained in Section
18 . 55 . 120 " Planning Commission review and recommendation . "
18 . 55 . 070 City Council .
In addition to its legislative responsibility , the City Council shall review and act on the
following subjects :
A . Recommendations of the Planning Commission ;
B . Appeal of Planning Commission recommendations ,
C . Appeal of administrative interpretations ;
D . Appeal of administrative approvals as set forth in 18 . 55 , 190 "Administrative
approvals without notice , " and 18 . 55 . 200 "Administrative approval subject of
notice . "
E . Appeal of a SEPA threshold determination under CMC Chapter 16 . 16 . 010
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ARTICLE III CONSOLIDATED APPLICATION PROCESS
18 . 55 . 080 Application .
A . The City shall consolidate development application and review in order to
integrate the development permit and environmental review process , while
avoiding duplication of the review processes .
B . All applications for development permits , design review approvals , variances
and other City approvals under the Development Code shall be submitted on
forms provided by the City . All applications shall be acknowledged by the
property owner .
18 . 55 . 090 Pre -Application meetings .
A . Informal . Applicants for development are encouraged to participate in an
informal meeting prior to the formal pre - application meeting . The purpose of
the meeting is to discuss in general terms , the proposed development , City
design standards , design alternatives , and required permits and approval
process .
B . Formal . Every person proposing a development in the City with exception of
building permits , shall attend a pre - application meeting . The purpose of the
meeting is to discuss the nature of the proposed development , application
and permit requirements , fees , review process and schedule , applicable
plans , policies and regulations . In order to expedite development review , the
City shall invite all affected jurisdictions , agencies and /or special districts to
the pre - application meeting .
18 . 55 . 100 Content of Applications .
A . All applications for approval under Titles 15 through 18 shall include the
information specified in the applicable title . The Director may require such
additional information as reasonably necessary to fully and properly evaluate
the proposal .
B . The applicant shall apply for all permits identified in the pre - application
meeting .
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18 . 55 . 110 Letter of Completeness .
A . Within 28 days of receiving a date stamped application , the City shall review
the application and as set forth below , provide applicants with a written
determination that the application is complete or incomplete .
Be A project application shall be declared complete only when it contains all of
the following materials :
1 . A fully completed , signed , and acknowledged development application
and all applicable review fees .
2 . A fully completed , signed , and acknowledged * environmental checklist for
projects subject to review under the State Environmental Policy Act ,
3 . The information specified for the desired project in the appropriate
chapters of the Camas Municipal Code and as identified in Section
18 . 55 . 100 " Content of application . "
C . Any supplemental information or special studies identified by the Director .
D . For applications determined to be incomplete , the City shall identify , in writing ,
the specific requirements or information necessary to constitute a complete
application . Upon submittal of the additional information , the City shall , within
14 days , issue a letter of completeness or identify what additional information
is required .
18 . 55 . 120 Technical Review Committee .
Immediately following the issuance of a letter of completeness , the City shall
schedule a meeting of a Technical Review Committee ( TRC ) . The TRC may be
composed of representatives of all affected City departments , utility districts , the fire
department , and any other entities or agencies with jurisdiction . The TRC shall
review the development application for compliance with City plans and regulations ,
coordinate necessary permit reviews , and identify the development ' s environmental
impacts .
18 . 55 . 130 Environmental review .
A . Developments and planned actions subject to the provisions of the State
Environmental Policy Act ( SEPA ) shall be reviewed in accordance with the
policies and procedures contained in Title 16 , CMC .
Be SEPA review shall be conducted concurrently with development project
review . The following are exempt from concurrent review :
1 . Projects categorically exempt from SEPA .
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2 . Components of previously completed planned actions , to the extent
permitted by law and consistent with the Environmental Impact Statement
( EIS ) for the planned action .
ARTICLE IV PUBLIC NOTICE REQUIREMENTS
.
18 . 55 . 140 Notice of development Application .
A . Within 14 days of issuing a letter of completeness ( Section 18 . 55 . 110 " Letter
of Completeness " ) the City shall issue a Notice of Development Application .
The notice shall include but not be limited to the following :
1 . Name of the applicant .
2 . Date of application .
3 . Date of the letter of completeness .
4 . Location of the project .
5 . Detailed project description .
5 . Requested approvals , actions , and /or required studies .
7 . Public comment period not less than 14 nor more than 30 days .
8 . Identification of existing environmental documents .
0 . City staff contact and phone number .
10 . Date , time , and place of a public hearing if one has been scheduled .
11 . A statement that the decision on the application will be made within 120
days of the date of the letter of completeness .
B . The Notice of Development Application shall be posted on the subject
property and published once in a newspaper of general circulation .
C . The Notice of Development Application shall be issued prior to and is not a
substitute for required notice of a public hearing .
D . A Notice of Application is not required for the following actions , when they are
categorically exempt from SEPA or environmental review has been
completed :
1 . Building permits .
2 . Lot line adjustments .
3 . Administrative approvals .
18 . 55 . 150 Notice of administrative approvals .
Notice of administrative approvals , subject to the notice requirements under Section
18 . 55 . 200 " Administrative approvals subject to notice , " shall be made by the Director
by notifying the adjacent property owners of his intent to grant approval . Notification
shall be made by mail only . The notice shall include :
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A . A description of the preliminary approval granted , including any conditions of
approval .
B . A place where further information may be obtained .
C . A statement that final approval will be granted unless an appeal requesting a
public hearing is filed with the City Clerk within 15 days of the date of the
notice .
18 . 55 . 160 Notice of public hearing .
Notice of a public hearing for all development applications and all open record
appeals shall be given as follows :
A . Time of Notices . Except as otherwise required , public notification of
meetings , hearings , and pending actions under Titles 15 through 18 , CMC ,
shall be made by :
1 . Publication at least 10 days before the date of a public meeting , hearing ,
or pending action in the official newspaper '
ewspaper if one has been designated or a
newspaper of general circulation in the City ; and
2 . Mailing at least 12 days before the date of a public meeting , hearing , or
pending action to all property owners as shown on the records of the
County Assessor and to all street addresses of properties within 300 feet ,
not including street rights - of-way , of the boundaries of the property which
is the subject of the meeting or pending action . Addressed , pre - stamped
envelopes shall be provided by the applicant ; and
3 . Posting at least 12 days before the meeting , hearing , or pending action in
three public places where ordinances are posted and at least one notice
on the subject property .
B . Content of Notice . The public notice shall include a general description of the
project , action to be taken , a non - legal description of the property or
proposed pro
a vicinity map or sketch , the time , date and place of the public hearing and
the place where further information may be obtained .
C . Continuances . If for any reason , a meeting or hearing on a pending action
cannot be completed on the date set in the public notice , the meeting or
hearing may be continued to a date certain and no further notice under this
section is required .
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18 . 55 . 170 (Notice of appeal hearings .
In addition to the posting and publication requirements of Section 18 . 55 . 160 , notice
of appeal hearings shall be as follows :
A . For administrative approvals , notice shall be mailed to adjacent property
owners .
Be For Planning Commission recommendations , mailing to parties of record from
the Commission hearing .
18 . 55 . 180 Notice of decision .
A . A written notice for all final decisions shall be sent to the applicant and all
parties of record . For development applications requiring Planning
Commission review and City Council approval , the notice shall be the signed
ordinance or resolution .
ARTICLE v REVIEW AND APPROVAL PROCESS
18 . 55 . 190 Administrative approvals without notice .
A . The Director may approve , approve with conditions , or deny the following
without notice :
1 . Lot line adjustments ;
2 . Extension of time for approval ;
3 . Minor amendments or modifications to approved developments or permits .
Minor amendments are those which may affect the precise dimensions or
location of buildings , accessory structures and driveways , but do not
affect :
a . overall project character ;
be increase the number of lots , dwelling units , or density ;
c . decrease the quality or amount of open space .
4 . Home Occupations ;
5 . Certificate of occupancy ;
6 . Right - of-way use ;
7 . Temporary use permits ;
8 . Building permits .
Be Director ' s decisions under this section shall be final on the date issued .
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18 . 55 . 200 Administrative approvals subject to notice .
A . The Director may grant preliminary approval or approval with conditions , or
may deny the following actions subject to the notice and appeal requirements
of this section :
1 . Short Plats ;
2 . Clearing and grading permit ;
3 . Threshold and final environmental determinations ;
4 . Design Review
B . Final Administrative Approvals : Preliminary approvals under this section shall
become final subject to the following :
1 . If no appeal is submitted , the preliminary approval becomes final at the
expiration of the 15 - day notice period .
2 . If a written notice of appeal is received within the specified time the matter
will be referred to the Planning Commission for a public hearing .
18 . 55 . 210 Planning Commission review and recommendation .
A . Staff Report . The City Planner shall prepare a staff report on the proposed
development or action summarizing the comments and recommendations of
City departments , affected agencies and special districts , and evaluating the
development ' s consistency with the Camas Municipal Code , adopted plans
and regulations . The staff report shall include proposed findings , conclusions
and recommendations for disposition of the development application .
B . Hearing . The Planning Commission shall conduct a public hearing on
development proposals for the purpose of taking testimony , hearing evidence ,
considering the facts germane to the proposal , and evaluating the proposal
for consistency with the City ' s Development Code , adopted plans and
regulations . Notice of the Planning Commission hearing shall be in
accordance with Section 18 . 55 . 100 " Notice of public hearing . "
C . Required Findings . The Planning Commission shall not recommend
approval of a proposed development unless it first makes the following
findings and conclusions :
1 . The development is consistent with the Comprehensive Plan and meets
the requirements and intent of the Camas Municipal Code .
2 . The development makes adequate provisions for open space , drainage
ways , streets and other public ways , transit stops , water supply , sanitary
wastes , parks and recreation facilities , playgrounds , sites for schools and
school grounds .
3 . The development adequately mitigates impacts identified under Titles 15
through 18 of the Camas Municipal Code .
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4 . The development is beneficial to the public health , - safety and welfare and
is in the public interest .
5 . The development does not lower the level of service of transportation
and /or neighborhood park facilities below the minimum standards
established within the Comprehensive Plan . If the development results in
a level of service lower than those set forth in the Comprehensive Plan ,
the development may be approved if improvements or strategies to raise
the level of service above the minimum standard are made concurrent
with the development . For the purpose of this section , " concurrent with
the development " is defined as the required improvements or strategies in
place at the time of occupancy , or a financial commitment is in place to
complete the improvements or strategies within six ( 6 ) years of approval of
the development .
G . The area , location and features of land proposed for dedication are a
direct result of the development proposal , are reasonably needed to
mitigate the effects of the development , and are proportional to the
impacts created by the development .
D . Recommendation . Upon approving or disapproving a development proposal
or action , the Planning Commission shall make a motion setting forth its
findings , conclusions and additional recommendations and promptly forward it
to the City Council for consideration .
18 . 55 . 220 City Council action .
A . Actions . Upon receiving a recommendation from the Planning Commission or
notice of any other matter requiring the Council ' s attention , the Council shall
perform the following actions as appropriate :
1 . Make a decision on a Planning Commission recommendation .
2 . At the Council ' s discretion , hold a public hearing and make a decision on
the following matters :
a . Appeal of administrative interpretations .
b . Appeal of administrative approvals .
c . Appeal of determinations of significance .
d . other matters not prohibited by law .
B . Decisions . The City Council shall make its decision by motion , resolution , or
ordinance as appropriate .
1 . A Council decision on a Planning Commission recommendation or
following a public hearing shall include one of the following actions :
a . Approve as recommended .
b . Approve with additional conditions .
c . Modify , with or without the applicant ' s concurrence , provided that the
modifications do not :
i Enlarge the area or scope of the project .
ii Increase the density or proposed building size .
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iii Significantly increase adverse environmental impacts as
determined by the responsible official .
e . Deny ( re - application or re - submittal is permitted ) .
f . Deny with prejudice ( re - application or re - submittal is not allowed for
one year ) .
g . Remand for further proceedings and /or evidentiary hearing in
accordance with Section 18 . 55 . 260 " Remand . "
2 Council decision following a closed record appeal hearing shall include
one of the following actions :
a . Grant the appeal in whole or in part .
b . Deny the appeal in whole or in part .
c . Remand for further proceedings and /or evidentiary hearing in
accordance with Section 18 . 55 . 260 " Remand . "
18 . 55 . 230 Procedures for public hearings .
Public hearings shall be conducted in accordance with the hearing body ' s rules of
procedure and shall serve to create or supplement an evidentiary record upon which
ill base its decision . The Chair shall open the public hearing and , in
the body w
general , observe the following sequence of events :
A . Staff presentation , including submittal of any administrative reports . Members
of the hearing body may ask questions of the staff .
B . Applicant presentation , including submittal of any materials . Members of the
hearing body may ask questions of the applicant .
CO Testimony or comments by the public germane to the matter . Questions
directed to the staff , the applicant , or the public shall be posed by the Chair
at his / her discretion .
D . Rebuttal , response or clarifying statements by the staff and the applicant . No
new evidence shall be introduced by the appliant in rebuttal .
E . If at any time after the public has testified , the applicant modifies his proposal
or introduces new evidence , then the public shall be provided an opportunity
to respond to such modificationsor new exidence .
F . The evidentiary portion of the public hearing shall be closed and the hearing
body shall deliberate on the matter before it .
18 . 55 . 240 Procedures for closed record appeals .
Closed record appeals shall be conducted in accordance with the hearing body ' s
rules of procedure and shall serve to provide argument and guidance for the body ' s
decision . Closed record appeals shall be conducted generally as provided for public
hearings . Except as provided in 18 . 55 . 260 " Remand , " no new evidence or testimony
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shall be given or received . The parties to the appeal may submit timely written
statements or arguments .
18 . 55 . 250 Reconsideration .
A party to a public hearing or closed record appeal may seek reconsideration only of
a final decision by filing a written request for reconsideration with the Director within
five ( 5 ) days of the oral announcement of the final decision . The request shall
comply with CMC Section 18 . 55 . 290 ( B ) . The Council or hearing body shall
consider the request at its next regularly scheduled meeting , without public comment
or argument by the appellant except as requested by the City Council . If the request
is denied , the previous action shall become final . If the request is granted , the
Council or hearing body may immediately revise and reissue its decision or may call
for argument in accordance with the procedures for closed record appeals .
Reconsideration should be granted only when an obvious legal error has occurred or
a material factual issue has been overlooked that would change the previous
decision .
18 . 55 . 260 Remand .
In the event the City Council determines that the public hearing record or record on
appeal is insufficient or otherwise flawed , the Council may remand the matter back
to the hearing body to correct the deficiencies . The Council shall specify the items
or issues to be considered and the time frame for completing the additional work .
The Council may hold a public hearing on a closed record appeal only for the limited
purposes identified in RCw 34 . 05 . 562 ( 1 ) .
18 . 55 . 270 Final decision .
A . Time . The final decision on a development proposal shall be made within 120
days from the date of the letter of completeness . Exceptions to this include :
1 . Amendments to the Comprehensive Plan or Development Code .
2 . Any time required to correct plans , perform studies or provide additional
information , provided that within 14 days of receiving the requested
additional information , the Director shall determine whether the
information is adequate to resume the project review .
3 . Substantial project revisions made or requested by an applicant , in which
case the 120 days will be calculated from the time that the City determines
the revised application to be complete .
4 . All time required for the preparation and review of an Environmental
Impact Statement ,
5 . Projects involving the siting of an essential public facility .
6 . An extension of time mutually agreed upon by the City and the applicant ,
7 . All time required to obtain a variance .
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8 . Any remand to the hearing body .
9 . All time required for the administrative appeal of a Determination of
Significance .
Be Effective Date . The final decision of the Council or hearing body shall be
effective on the date stated in the decision , motion , resolution , or ordinance ,
provided that the date from which appeal periods shall be calculated shall be
the date the Council or hearing body takes action on the motion , resolution , or
ordinance .
ARTICLE VI APPEALS
1 & 55280 Appeal of administrative interpretations and approvals .
Administrative interpretations and administrative approvals may be appealed , by
applicants or parties of record , to the City Council ,
18 . 55 . 290 Appeal to the City Council .
A . Filing . Every appeal to the City Council shall be filed with the Director within
10 days after the date of the decision of the matter being appealed .
Be10 m
Contents . The notice of appeal shall contain a concise statement identifying :
1 . The decision being appealed .
2 . The name and address of the appellant and his interest { s } in the matter .
3 . The specific reasons why the appellant believes the decision to be wrong .
The appellant shall bear the burden of proving the decision was wrong .
4 . The desired outcome or changes to the decision .
5 . The appeals fee .
18 . 55 . 300 Judicial appeal .
A . Appeals from the final decision of the City Council , or Zoning Board of
Adjustment , or other City board or body involving Titles 15 through 18 , CIVIC ,
and for which all other appeals specifically authorized have been timely
exhausted , shall be made to Clark County Superior Court within 21 days of
the date the decision or action became final , unless another time period is
established by state law or local ordinance .
Be Notice of the appeal and any other pleadings required to be filed with the
court shall be served on the City within the applicable time period . This
requirement is jurisdictional .
C . The cost of transcribing and preparing all records ordered certified by the
court or desired by the appellant for such appeal shall be borne by the
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appellant . The appellant shall post with the City Clerk prior to the preparation
of any records an advance fee deposit in the amount specified by the City
Clerk . Any overage will be promptly returned to the appellant .
ARTICLE VII ENFORCEMENT
18 . 55 . 310 Enforcing authority.
The Director of Public Works , City Planner , City Engineer , Fire Marshal , and Building
Official shall be responsible for enforcing Titles 15 through 18 , and may adopt
administrative rules to meet that responsibility . The Directors may delegate
enforcement responsibility to the an appropriate designee , e . g . code enforcement
officer .
18 . 55 . 320 General penalty .
Compliance with the requirements of Titles 15 through 18 , Camas Municipal Code ,
shall be mandatory . The general penalties and remedies established in Chapter
1 . 24 , CMC , for such violations shall apply to any violation of those titles . The
enforcement actions authorized under this chapter shall be supplemental to those
general penalties and remedies .
18 . 55 . 330 Application ,
A . Actions under this chapter may be taken in any order deemed necessary or
desirable by the Director to achieve the purpose of Titles 15 through 18 .
Be Proof of a violation of a development permit or approval shall constitute prima
facie evidence that the violation is that of the applicant and /or owner of the
property upon which the violation exists . An enforcement action under this
chapter shall not relieve or prevent enforcement against any other
responsible person .
18 . 55 . 340 Civil regulatory order.
A . Authority . A civil regulatory order may be issued and served upon a person if
any activity by or at the direction of that person is , has been , or may be taken
in violation of the Development Code .
Be Notice . A civil regulatory order shall be deemed served and - shall be effective
when posted at the location of the violation and /or delivered to any suitable
person at the location and /or delivered by mail or otherwise to the owner or
other person having responsibility for the location .
C . Content . A civil regulatory order shall set forth :
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1 . The name and address of the person to whom it is directed .
2 . The location and specific description of the violation .
3 . A notice that the order is effective immediately upon posting at the site
and /or receipt by the person to whom it is directed .
4 . An order that the violation immediately cease , or that the potential
violation be avoided .
5 . An order that the person stop work until the violation is corrected or
remedied .
6 . A specific description of the actions required to correct , remedy , or avoid
the violation , including a time limit to complete such actions .
7 . A notice that failure to comply with the regulatory order may result in
further enforcement actions , including civil fines and criminal penalties .
D . Remedial Action , The Director may require any action reasonably calculated
to correct or avoid the violation , including but not limited to replacement ,
repair , supplementation , revegetation , or restoration .
E . Appeal . A civil regulatory order may be appealed in accordance with the
Camas Municipal Code .
18 . 55 . 350 Civil fines .
A . Authority . A person who violates any provision of the Development Code , or
who fails to obtain any necessary permit , or who fails to comply with a civil
regulatory order shall be subject to a civil fine .
B . Amount . The civil fine assessed shall not exceed $ 1 , 000 . 00 for each
violation . Each separate day , event , action or occurrence shall constitute a
separate violation .
co Notice . A civil fine shall be imposed by a written notice , and shall be effective
when served or posted as set forth in section 18 . 55 . 330 ( 8 ) "Application . " The
notice shall describe the date , nature , location , and act ( s ) comprising the
violation , the amount of the fine , and the authority under which the fine has
been issued .
D . Collection . Civil fines shall be immediately due and payable upon issuance
and receipt of the notice . The Director may issue a regulatory order stopping
work until such fine is paid . If remission or appeal of the fine is sought , the
fine shall be due and payable upon issuance of a final decision . If a fine
remains unpaid 30 days after it becomes due and payable , the Director may
take actions necessary to recover the fine . Civil fines shall be paid into the
City ' s general fund .
E . Application for Remission . Any person incurring a civil fine may , within ten
days of receipt of the notice , apply in writing to the Director for remission of
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the fine . The Director shall issue a decision on the application within 10 days .
A fine may be remitted only upon a demonstration of extraordinary
circumstances .
F . Appeal . A civil fine may be appealed to the City Council as set forth in the
applicable enforcement provisions .
18 . 55 . 360 Review of approved permits .
A . Review : Any approval or permit issued under the authority of the
Development Code may be reviewed for compliance with the requirements of
the Development Code , or to determine if the action is creating a nuisance or
hazard , has been abandoned , or the approval or permit was obtained by
fraud or deception .
Be Initiation of Review : The review of an approval or permit may be initiated by
the Director , City Administrator , City Council or by petition to the Director by
three property owners or three residents of separate dwelling units in the City ,
stating their belief as to the noncompliance , nuisance or hazard of the
permitted activity .
C . Director' s Investigation : Upon receipt of information indicating the need for ,
or upon receiving a request for review of permit or approval , the Director shall
investigate the matter and take one or more of the following actions :
1 . Notify the property owner or permit holder of the investigation ; and /or
2 . Issue a civil regulatory order and /or civil fine and /or recommend
revocation or modification of the permit or approval ; and /or
3 . Refer the matter to the City Attorney ; and / or
4 . Refer the matter to the City Council with a recommendation for action .
18 . 55 . 370 Revocation or modifications of permits or approvals .
A . City Council Review . Upon receiving a Director' s recommendation for
revocation or modification of a permit or approval , the City Council shall
review the matter at a public hearing . Upon a finding that the activity does not
comply with the conditions of approval or the provisions of the Development
Code , or creates a nuisance or hazard , the City Council may delete , modify or
impose such conditions on the permit or approval it deems sufficient to
remedy the deficiencies . If the Council finds no reasonable conditions which
would remedy the deficiencies , the permit or approval shall be revoked and
the activity allowed by the permit or approval shall cease .
Be Re - application . If a permit or approval is revoked for fraud or deception , no
similar application shall be accepted for a period of one year from the date of
final action and appeal , if any . If a permit or approval is revoked for any other
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reason , another application may be submitted subject to all of the
requirements of the Development Code .
Article vile TABLES
18 . 55 . 384 Development Review Tables .
The City of Camas has four types of review processes :
A . Type 1 review is an administrative review by the City staff resulting in a
decision by the Director of Public Works , City Planner , City Engineer , Building
Official or their designee .
B . Type 2 review is a review resulting in a decision by the Zoning Board of
Adjustment .
C . Type 3 review is a review quasi judicial proceeding which includes a hearing
and recommendation by the Planning Commission and decision by the City
Council ,
D . Type 4 review is a legislative action that includes a hearing and
recommendation by the Planning Commission and decision by the City
Council .
Table 18 . 55 - 2 " Development Review and Approval Authorities " and Table 18 . 55 - 3
" Development Review Process , " on the following pages list the levels of review and
process elements required for each type of review .
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Table 18 . 55 =2 Development Review and Approval Authorities
•� Permits / Direct Zoning Planning City Appealable
Decision or/ Board of Commission Council to :
Authority Staff Adjustment
ll vi-t- ljj: ., . . , :,
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P Adn n . � statr a re.v � ernr a d ac o .
u n tr n z
:.
Certificate of Occupancy X Zoning
Board of
Adjustment
Design Review X Council
Home Occupation X Zoning
Permit Board of
Adjustment
Minor X Zoning
Modifications/ Bldg . Board of
Ad justment
Clearing / Grading X Zoning
Permits Board of
Adjustment
Building Permits Zoning
Residential / Commercial X Board of
Adjustment
Minor X Council
Modifications/ Planning
Right- of- way Use X Council
Lot Line Adjustment X Council
Temporary use permit X Council
Short Plat X Council
Determinations of X Council
Significance ( SEPA )
Code Interpretations X Council
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Administrative Decision ( X ) * X Superior Ct .
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