Chapter 19.41
ADMINISTRATION OF PERMITS
Sections:
19.41.020 Development permits.
19.41.030 Time limit, extension and expiration of permits.
19.41.040 Revocation of permits.
19.41.010 Purpose.
The purpose of this chapter is to set out basic rules for the issuance, time limit, extension, expiration and revocation of land use permits. [2005 RLDC § 41.010.]
19.41.020 Development permits.
A. No use, building or structure shall be established, constructed, changed in use, erected, moved, reconstructed, replaced, extended, enlarged or altered without first obtaining a development permit from the Director, except as follows:
1. When the development consists of interior remodeling only, and results in no increase in the “footprint” or exterior dimensions of an existing structure;
2. When the development consists of a change in occupancy without a change in the use of the land or structure;
3. The use is listed as an outright use in a farm or forest zone; or
4. The use is an agricultural or forest use (as defined in Chapter 19.11 JCC) which is listed in the rural residential, mineral and aggregate resource, serpentine or limited development districts.
B. A development permit shall be used to document the Director’s final action on all land use applications, except land divisions covered by Division V of this title and decisions involving the interpretation and administration of the requirements of this title, and shall be used to advise other departments and agencies that the requirements of this title have been met. In the case of ministerial actions described in JCC 19.22.030, the development permit shall be the only documentation required for the Director’s action. The following additional rules shall apply to development permits:
1. All of the standards, conditions and requirements of the approval shall be considered a part of the development permit.
2. The development permit shall be signed by a property owner, a contractor licensed by the state of Oregon, a licensed attorney at law, or some other person possessing a valid power of attorney which authorizes the obtaining of land use permits for the owner(s).
3. The development permit shall be accompanied by a plot plan of the property being developed meeting the following basic requirements:
a. Proportionally drawn with a north arrow;
b. Show the owners’ name, together with the Assessor’s legal description (township, range, section, quarter section, tax lot number) and the street address;
c. Show the location and name of all streets, roads, rights-of-way, easements, rivers, streams, watercourses and irrigation ditches on or adjacent to the property;
d. Show the location, size (including height), and intended use of all existing and proposed structures or improvements (including septic and well locations) on the property, clearly identifying the proposed structure(s); and
e. Show the distance from existing and proposed structures or improvements from the nearest property line.
4. The development permit may be used by the Director as a method of documenting or authorizing a lawfully existing land use, structure or improvement.
5. When a development or conditional use permit request requires review by the Hearings Officer, Planning Commission or the Board (by referral from the Director, by original jurisdiction or by appeal) the development permit shall not be issued until final action is taken on all local appeals, and all of the preconditions of the approval have been met or guaranteed.
6. Development permits shall be valid for one year from the date of issuance, but may be renewed for additional one-year periods so long as the use or structure continues to be authorized by the provisions of this title or other applicable law. Renewals shall occur only after the Director determines the use or structure complies with any additional standards, criteria or processing procedures which exist at the time of renewal.
C. Emergency Permitting. Any legal habitable structure destroyed by a natural disaster needs to secure a minor development permit, at no cost, for replacement or repair, provided the Director or designee inspects the structure to document the condition of the structure and verify it was destroyed by the natural disaster. If said permit is not issued within 48 hours of application, said permit shall be considered granted. Said replacement structure shall not exceed the footprint or floor area of the original structure prior to destruction. In no case shall an illegal structure be allowed to be reconstructed under this provision. [Ord. 2018-003 § 1; 2005 RLDC § 41.020.]
19.41.030 Time limit, extension and expiration of permits.
A. All land use permits, except development permits and permits which have special conditions relating to expiration and/or renewal attached to them, shall expire two years after the date findings of approval are executed unless substantial development occurs.
B. If substantial development does not occur within the life of the permit, the permit holder may be granted a two-year extension of the permit. A second two-year extension may also be granted, so that total permit life may exceed four years, but in no case more than six years, subject to the following findings:
1. The request is made by filing a request for an extension on forms provided by the Planning Office, together with a pre-application fee; and
2. The request is made before the original permit expires, or, if the request is made after the original permit expires, the extension(s) shall include the time between expiration and extension so total permit life does not exceed six years; and
3. No changes in applicable criteria-based state laws or rules or County land development regulations have occurred since the date of original approval. The Director may apply conditions to the extension as needed to implement changes in standards of approval only, using the ministerial review procedures as set forth in Chapter 19.22 JCC.
4. In the event changes in applicable criteria-based laws, rules or regulations occur, a new application and application fee shall be required. The application shall be processed using quasi-judicial review procedures per JCC 19.22.040.
5. See Chapter 19.11 JCC for the definitions of “Substantial Development,” “Criterion (Criteria) of Approval” and “Standard of Approval.”
C. When the permit involves the establishment of a specific use or activity and the use or activity actually commences, but then discontinues for any continuous period of two years, the permit shall expire, and the use shall be considered abandoned, unless an extension is obtained in conformance with requirements of subsection (B) of this section.
D. Time limits, extension and expiration of land use permits for dwellings within the farm and forest zones shall be governed separately by JCC 19.64.070(C) and 19.65.070(G). [Ord. 2011-005 § 1; Ord. 2010-001 § 1; 2005 RLDC § 41.030.]
19.41.040 Revocation of permits.
Unless another section of this title makes a different provision, all land use permits may be subject to revocation by the Director if it is determined the application includes false or misleading information, or if the standards or conditions governing the permit have not been met or maintained.
A. The revocation of any permit by the Director shall be subject to the following rules:
1. The Director shall mail the permit holder a written statement of the proposed revocation at least 30 days prior to the date of revocation. The notice shall contain a detailed statement identifying the specific reason(s) for revocation. The notice shall advise the permit holder of the opportunity to respond to the Director’s statement in writing within 15 days from the date the notice is mailed by explaining or refuting the reason(s).
2. The Director’s action to revoke a permit shall be considered a land use decision subject to the process requirements of JCC 19.22.040(B)(5) and (C)(1) through (3).
3. In the event the permit holder submits a written explanation to the notice, the Director shall thereupon give careful consideration to the response in conjunction with other relevant evidence, including other written comments received in response to landowner or agency notice, to determine whether revocation of the permit should occur.
4. At the conclusion of the Director’s review, the Director shall enter findings of the decision and mail notice of the decision to revoke or not revoke to the permit holder and other parties to the action. The notice shall explain basic appeal rights.
5. No permit shall be revoked until the appeal period for the decision to revoke has expired without an appeal.
B. The Director’s decision to revoke a permit may be appealed pursuant to the rules and procedures contained in Chapter 19.33 JCC governing the appeal of land use decisions. In the event of an appeal, the relocation of the permit shall be stayed pending review by the Board of County Commissioners. [2005 RLDC § 41.040.]