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In the event an
, or the
’s successor in interest, fails to comply with all conditions of permit approval; the City
, Planning Commission or
may institute a revocation proceeding for Type I, II, III or IV permits if it is determined there is substantial likelihood that any of the following situations exist:
A. One or more conditions of approval have not been implemented or have been violated; or
B. The activities, or the
itself, are substantially different from what was approved.
Revocation or modification of a previously approved permit shall be considered and decided by the City
. Type III notice procedures shall be followed. The
or any private complaining
shall have the burden to prove, based on substantial evidence in the whole record, that the
or the
’s successor has violated the
’s approval.
(Ord. 2009-01, passed 3-9-2009)
Unless stated otherwise in the
’s permit decision, any approval granted under this Code runs with the land and is transferred with ownership of that land. Any conditions, time limits or other restrictions imposed with a permit approval shall bind all subsequent owners of the property for which the permit was granted.
(Ord. 2009-01, passed 3-9-2009)
TYPE I PROCESS – ADMINISTRATIVE DECISIONS
An administrative decision is one that requires no interpretation or exercise of policy or legal judgment in evaluating approval criteria.
Because the decision is made according to specific criteria where no discretion is involved, administrative decisions do not qualify as land
or limited land
decisions as defined by O.R.S. 197.015.
(Ord. 2009-01, passed 3-9-2009)
so designated throughout the Development Code are reviewed under the Type I process, based on the requirements and criteria set forth for each
in other sections of this Code.
Examples of actions subject to a Type I
and review process include:
∙ Certain types of Zoning Standard Adjustments
∙
Interpretation
∙ Certain projects within an approved Master Plan
∙
Permit
∙
∙
,
Consolidation,
Re-establishment
∙ Final
∙ Final
∙ Final Plan for planned
∙
∙ Certain
∙
∙ Certain types of Wireless Communication Facilities
∙ Certain types of alterations of a
∙ Landscape Review not subject to
or Design Review
∙ Parking Plan not subject to
or Design Review
∙ Existing and New
Any
that is not specifically designated in the Code as being under one of the four review processes, and which the
determines is similar in impact and scope to other Type I
, shall be processed as a Type I
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017; Ord. 2023-03, passed 5-22-2023)
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