29.47.200 Development of illegally divided land – Public interest determination.
No application for a building permit, septic tank permit or other development permit for any lot divided in violation of State law or this title shall be granted without prior approval of the Board. Such approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the Board that:
(1) The Director of Environmental Health has certified that the proposed means of sewage disposal and water supply on and to the lot will satisfy public health law.
(2) The County Engineer has certified that access to the lot will not interfere with or impair existing or planned public roads and drainage facilities in the vicinity.
(3) The Planning Director has certified that the proposed development conforms to zoning regulations.
(4) The proposed development will not adversely affect the safety, health or welfare of adjacent property owners, or interfere with their enjoyment of their property.
(5) The applicant purchased the lot for value.
(6) The applicant did not know, and could not have known by the exercise of care which a reasonable purchaser would have used in purchasing the land, that the lot had been part of a larger lot divided in violation of State law or this title. The test to determine “exercise of care” shall include, at a minimum, documented or eyewitness testimony that the applicant did inquire with a licensed real estate agent, seller or a public agency within Clallam County about conformance of the parcel to County or State subdivision law prior to purchase of the parcel.