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Cowlitz County Unincorporated
City Zoning Code

18.10.295 Review

by Hearing Examiner and public testimony for the record.

A. Upon receipt of an application for a special use permit, the Director shall set a date for a public hearing to consider such application. The Director or his/her authorized agent shall provide notice of such hearing pursuant to CCC 18.10.480.

B. Any person interested in any application for special use permits may appear at the hearing set for review thereof and present his/her remarks for the record. This hearing is considered to be the open record hearing as defined in RCW 36.70B.020. “For the record” means that all persons or parties who testify or file a written statement at the Hearing Examiner public hearing become part of the permanent record.

If the Hearing Examiner finds that the proposed action is consistent with the Comprehensive Plan and conforms to this regulation, the Hearing Examiner shall approve the application subject to such conditions as may be necessary to assure that development will comply with the Comprehensive Plan and will be compatible with other uses in the district and this chapter. Such conditions may include but may not be limited to the following:

1. Specific location, construction sequence and timing, operation and maintenance, duration of use, removal of development upon termination of use, dedication of lands, compliance with approved engineering plans and specifications, off-street parking, setbacks and special screening.

2. Where the Hearing Examiner finds that additional information is necessary, action on said application shall be continued.

C. If the Hearing Examiner finds that the proposed action is consistent with this chapter and the land use district in which it is located but not consistent with the Comprehensive Plan, said application shall be denied and the action of the Hearing Examiner shall be noted on the application; provided, that the Hearing Examiner may find that the proposed action is in conformance to the goals and spirit of the Comprehensive Plan, but not in conformance to the land use element of said plan; and provided further, that the Hearing Examiner may give preliminary approval to said application subject to amendment of the County Comprehensive Plan pursuant to RCW 36.70.410. Following amendment of the County Comprehensive Plan, the Hearing Examiner shall give final approval to said special use permit subject to conditions that it deems appropriate to assure conformance to the Comprehensive Plan and this chapter. [Ord. 02-044, § 5, 2-26-02; Ord. 95-193, § 7, 12-4-95; Ord. 4107, § 5.01.04, 4-14-75.]