26.10.210 Categories of land use application types.
(1) The decision-making body authorized for a certain type of permit or action is specified by the applicable regulation. For the purposes of this section, the Clallam County Hearing Examiner shall be the decision-making body for Type III permits filed under those regulations stipulating the Board of Adjustment or the Shorelines and Sensitive Areas Committee as the review authority.
(2) Types of Permits or Actions and Decision-Making Body. Land use applications which are subject to this chapter are classified into three major categories based on the permit review process: (i) Type I, administrative with no public notice; (ii) Type II, administrative with limited public notice; and (iii) Type III, quasi-judicial with full public notice.
(a) Type I – Administrative without Public Notice. Type I permit decisions are made by the Administrator or their designee. Administrative review shall include the application of clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues. Type I permits are exempt from all permit processing requirements as set forth in this chapter, except for appeal procedures set forth in Part Six, and limitations to permit processing timelines set forth in CCC 26.10.540. Appeal of Type I permits shall be heard by the Hearing Examiner in an open record appeal hearing. Type I permits include the following types of land use applications:
(i) Boundary line adjustments pursuant to CCC Title 29, Land Division Code;
(ii) Lot combinations pursuant to CCC Title 29, Land Division Code;
(iii) Interpretations of the Zoning Code or other development regulations, which are not associated with the processing of a specific permit issued by the Department of Community Development;
(iv) Review of special reports pursuant to Chapter 27.12 CCC, Critical Areas Code;
(v) Short plat alterations or vacations pursuant to CCC Title 29, Land Division Code;
(vi) Large lot division alterations or vacations pursuant to CCC Title 29, Land Division Code;
(vii) SEPA threshold decisions not associated with other land use permits regulated under this chapter;
(viii) Shoreline exemptions pursuant to CCC Title 35;
(ix) Certificate of compliance and buffer averaging requests pursuant to Chapter 27.12 CCC, Critical Areas Code.
(b) Type II – Administrative with Public Notice. Type II permit decisions are made by the Administrator or their designee. Administrative review shall include the application of clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues. Type II permits shall be reviewed for all permit processing requirements as set forth in this chapter. Appeal of Type II permits shall be heard by the Hearing Examiner in an open record appeal hearing. Type II permits include the following types of land use applications:
(i) Preliminary short plat approvals pursuant to CCC Title 29, Land Division Code;
(ii) Preliminary large lot division approvals pursuant to CCC Title 29, Land Division Code;
(iii) Administrative variance applications pursuant to Chapter 33.57 CCC, Sign Code.
(c) Type III – Quasi-Judicial. Type III permit decisions are made by the Hearing Examiner, with appeals to Superior Court or other appropriate tribunal. Authority and procedures for open and closed record hearings before the Hearing Examiner are guided by this chapter, Chapter 26.04 CCC, Clallam County Hearing Examiner Code, the rules of proceedings of the Clallam County Hearing Examiner, and any other applicable development regulation. Type III permits include the following types of land use applications:
(i) Preliminary approval of a subdivision or binding site plan pursuant to CCC Title 29, Land Division Code;
(ii) Variances pursuant to CCC Title 29, Land Division Code;
(iii) Zoning conditional use and variances pursuant to CCC Title 33, Zoning Code;
(iv) Critical area variances and reasonable use exceptions pursuant to Chapter 27.12 CCC, Critical Areas Code;
(v) Shoreline substantial development, conditional use and variances pursuant to CCC Title 35, Clallam County Shoreline Master Program (SMP);
(vi) PUDs, cluster, master planned resorts pursuant to CCC Title 29, Land Division Code, and CCC Title 33, Zoning Code;
(vii) Variances pursuant to Chapter 33.57 CCC, Sign Code.