Chapter 16.46
APPLICATION RIGHTS

Sections:

16.46.010    Resubmission of application.

16.46.020    Effective date.

16.46.030    Expiration of rights granted.

16.46.040    Extensions of rights granted.

16.46.050    Amendment of conditions.

16.46.010 Resubmission of application.

If a Comprehensive Plan land use designation amendment, zone change, conditional use, partition, property line adjustment, administrative review or adjustment application is denied on the merits, this denial shall be a bar to refiling the same or substantially similar application for a period of 12 months from the date of the final decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.01.]

16.46.020 Effective date.

Decisions approving or denying applications shall become final at the close of business on the last day an appeal or a request for reconsideration can be filed. The zoning administrator shall not authorize building permits or other permits requiring conformance with this title before the decision becomes effective. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.02.]

16.46.030 Expiration of rights granted.

The following provisions apply to all decisions except those enacted by ordinance:

A. Rights granted by a decision approving an application must be substantially exercised within two years unless a lesser period is specified in the conditions of approval, or unless the effective period is extended as provided in MCC 16.46.040. If the rights granted are not substantially exercised during the effective period as provided in subsection (B), (C), or (D) of this section, the rights shall expire.

B. Where the exercise of rights under an approved application involves work for which a building permit is required, the rights granted shall expire if a building permit has not been issued prior to the expiration of the effective period. Where the approval refers to phased development, the rights granted shall expire if building permits for the first phase are not issued prior to the expiration of the effective period.

C. If a building permit integral to the exercise of the rights granted has been issued, the rights granted shall be considered exercised. If the building permit expires, the rights granted shall be considered expired if less than 50 percent of the value of the authorized construction has been completed.

D. For the purpose of this section, if the rights granted do not involve work for which a building permit is required, the rights granted shall be considered exercised when a substantial portion of the use benefited by the rights granted has been established. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.03.]

16.46.040 Extensions of rights granted.

A. The effective period of an approved application may be extended by the final decision maker or the zoning administrator for additional one-year periods if:

1. There have been no changes in land use law or plan policy that would apply to the application if reapplication was required; and

2. A written request for an extension is filed by the applicant or applicant’s successor prior to the expiration of the approval; and

3. The decision, if rendered after the adoption of this title, included reference to the possibility of an extension, and the extension is consistent with any limits on extensions imposed in the original decision.

B. There shall be no limit on the number of extensions that may be requested and approved.

C. Approval of an extension granted under this section is not a land use decision described in ORS 197.015 and is not subject to appeal as a land use decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.04.]

16.46.050 Amendment of conditions.

Excepting conditions adopted by ordinance, conditions imposed as part of approved applications may be amended as provided in this section if the rights have not expired or terminated:

A. An application for amendment shall be submitted on the form supplied for new applications;

B. The request shall include the fee for amendments;

C. A new notification list shall be provided if the request is submitted more than 60 days after the original notification list was prepared;

D. A new file need not be established;

E. The amendment request shall be considered by the maker of the first decision;

F. Except as modified herein, the procedures in this title for review of the original application shall apply. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 46.05.]