Chapter 16.47
ADMINISTRATION OF CONDITIONS
Sections:
16.47.010 General provisions.
16.47.020 Completion before occupancy.
16.47.030 Performance agreements.
16.47.040 Limitations.
16.47.050 Performance bonds.
16.47.060 Continuing requirements.
16.47.070 Extensions.
16.47.010 General provisions.
Conditions authorized by this title for zone changes, partitions, subdivisions, property line adjustments, administrative reviews, adjustments, and conditional uses are either conditions that must be satisfied before the exercise of the rights granted or are conditions that apply continuously during the exercise of the granted rights. Unless specified otherwise, the provisions of this chapter apply in administering conditions of approval. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 47.01.]
16.47.020 Completion before occupancy.
Except as provided in MCC 16.47.030 and 16.47.050, conditions of approval shall be satisfied prior to establishment of the use. [Ord. 863 § 5, 1990. UZ Ord. § 47.02.]
16.47.030 Performance agreements.
Where the zoning administrator determines that a condition cannot practically be accomplished prior to inception of the use, the applicant and property owner shall sign a performance agreement allowing one year following commencement of the use to comply with the condition. The agreement may provide for a performance bond or other reasonable security for performance including but not limited to a trust deed. The amount of the bond or security shall be based on 100 percent of the estimated cost of improvements within public rights-of-way and 50 percent of estimated improvement costs on the subject property. The Marion County department of public works shall estimate the cost of improvements within public rights-of-way and the building official shall estimate costs of on-site improvements. The amount of the bond or security shall not be reduced or the bond or security terminated without county approval. [Ord. 863 § 5, 1990. UZ Ord. § 47.03.]
16.47.040 Limitations.
Performance agreements shall not be used to defer improvements such as, but not limited to, off-street parking, that are necessary to immediately protect the public health, safety, and welfare. [Ord. 863 § 5, 1990. UZ Ord. § 47.04.]
16.47.050 Performance bonds.
If the conditions covered in the performance agreement are not met within one year, the county may cause the conditions to be satisfied and recover the cost, plus a 10 percent administrative charge from the bond, the security, or the applicant. [Ord. 863 § 5, 1990. UZ Ord. § 47.05.]
16.47.060 Continuing requirements.
When conditions require that improvements or certain conditions be maintained or continued over a period of time, the decision may require a performance bond or other security in support of a performance agreement. If the agreement includes a performance bond or other security, it shall provide that within 30 days of notice to the property owner the county may cause unmet conditions to be satisfied and recover the cost, plus a 10 percent administrative charge from the bond, the security, or the property owner. When the agreement is for maintenance, the bond or security value shall be 25 percent of estimated installation cost or $2,500, whichever is greater. Conditions not related to improvements shall not require a bond or security unless the requirement and amount are established in the land use decision. [Ord. 863 § 5, 1990. UZ Ord. § 47.06.]
16.47.070 Extensions.
The zoning administrator may grant one-year extensions for a performance agreement if in the opinion of the zoning administrator the extended performance agreement meets the requirements of this chapter and the one-year delay will not adversely affect the public health, safety, and welfare. If the original decision was not made by the zoning administrator, the concurrence of the original decision maker is required. Concurrence by the department of public works is also required if the extension relates to improvements administered by the department of public works. [Ord. 863 § 5, 1990. UZ Ord. § 47.07.]