Chapter 1.2
General Administration
Sections:
1.2.120 Consistency with Plan and Laws.
1.2.140 Pre-Existing Approvals.
1.2.150 Building Permit and Certificate of Occupancy.
1.2.100 Severability.
The provisions of the Halsey Development Code (“Code”) are severable. If any section, sentence, clause or phrase of this Code is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of this Code.
1.2.110 Compliance and Scope.
A. Compliance with the provisions in the Halsey Development Code. Land and structures may be used or developed by construction, reconstruction, alteration, occupancy, use or otherwise, only as this Code or any amendment thereto permits. No plat shall be recorded and no building permit shall be issued without compliance with the provisions of this Code.
B. Obligation by successor. The requirements of this Code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.
C. Most restrictive regulations apply. Where this Code imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern.
D. Variances. Variances shall be governed by the provisions of Chapter 5.2.
E. Transfer of development standards prohibited. No lot area, yard or other open space or off-street parking or loading area which is required by this Code for one use shall be a required lot area, yard or other open space or off-street parking or loading area for another use, except as otherwise specifically allowed by this Code.
1.2.120 Consistency with Plan and Laws.
Each development and land use application and other procedure initiated under this Code shall be consistent with the adopted comprehensive plan of the City of Halsey as implemented by this Code, and with applicable state and federal laws and regulations. All provisions of this Code shall be construed in conformity with the adopted comprehensive plan.
1.2.130 Use of a Development.
A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this Code (including non-conforming uses, subject to Chapter 5.3), and is not prohibited by law.
1.2.140 Pre-Existing Approvals.
A. Legality of pre-existing approvals. Developments, including subdivisions, partitions, projects requiring staff or Planning Commission approval, or other development applications for which approvals were granted prior to the effective date of this Code, may occur pursuant to such approvals; except that modifications to development approvals shall comply with Chapter 4.6 - Modifications to Approved Plans and Conditions of Approval.
B. Subsequent development applications. All development proposals received by the City after the effective date of this Code shall be subject to review for conformance with the standards under this Code or as otherwise provided by state law.
1.2.150 Building Permit and Certificate of Occupancy.
A. Building permit. A building permit shall not be issued until the City has reviewed and approved a permit application in accordance with the provisions of Chapter 4 – Applications and Review Procedures, or otherwise found that a development permit is not required.
B. Certificate of occupancy required. To ensure completion of a development or use in the manner approved, the City of Halsey will determine if the building, public facilities and site improvements comply with the requirements of this Code and the applicant has completed required conditions of use approval.
A building, structure or development site shall not be occupied and/or a use shall not begin until the City of Halsey certifies the project complies with the land use requirements of this Code, all conditions of approval have been completed, and the Linn County Building Official has issued a certificate of occupancy certifying the work is in substantial conformance to the applicable land use requirements and building permits.
C. Temporary certificate of occupancy prior to final completion. Prior to the final completion of all work, a temporary certificate of occupancy may be issued for a portion of the development site or for a building or structure conditioned upon all work being completed by a certain date.
1.2.160 Official Action.
A. Official Action. All officials, departments, employees (including consultants, contractors or authorized agents or officials), of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this Code and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this Code.
B. Permits in Conflict. Any permit or approval issued or granted in conflict with the provisions of this Code shall be void.
C. Notice. The failure of any person to receive mailed notice or failure to post a notice shall not invalidate any actions pursuant to this Code.
1.2.170 Effective Date.
The effective date of the Halsey Development Code is July 1, 2019.1
The effective date of the Halsey Development Code is July 1, 2019, as adopted by Ordinance 2019-430. Note: In Section 6, Ordinance 2019-430, the City of Halsey repealed prior zoning and development code ordinances.