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ADMINISTRATIVE PROVISIONS
No permit shall be issued by the Building Official or designated city representative for the construction, reconstruction, alteration, or change of use of a structure or lot or parcel that does not conform to the requirements of this chapter. If the owner of multiple discrete lots or parcels intends to use multiple lots or parcels for satisfying any portion of this chapter, they must produce sufficient evidence for review by the Building Official or city representative to determine that the deed restriction set forth in § 155.036 has been recorded against the title to all affected lots or parcels. No building permit shall be issued for a building or structure on a lot or parcel which abuts a street dedicated to a portion only of its required width and located on the side which has not yet been dedicated or condemned.
(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005; Ord. 514, passed 5-12-2008)
Any party that participated by submitting testimony or administrative officer of the city may appeal to the City Council from any ruling of the Planning Commission pertaining to the granting or denial of any decision or permits applied for hereunder, by filing with the City Administrator within 12 days from the date of the notice of decision, a written notice stating with reasonable accuracy the particular ruling from which appeal is made, and stating the grounds therefor. Thereupon the City Administrator shall obtain all papers constituting the record upon which the action appealed from is based, and refer the same to the City Council, along with a report on the proceedings and issues. The City Council may receive any additional evidence relevant to the issues involved. The City Council shall have the power to affirm, overrule, or alter such ruling. The decision of the City Council on the appeal shall be issued as provided in § 155.145(B). The decision of the Council is the final local decision, which may be appealed to the Land Use Board of Appeals or state courts as otherwise provided by state law.
(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005; Ord. 509, passed 2-11-2008)
Petitions, applications, and appeals provided for in this chapter shall be made on forms prescribed by the city. Applications shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of existing and proposed structures; the intended use of each structure; the number of families, if any, to be accommodated thereon; the relationship of the property to the surrounding area, and such other information as is needed to determine conformance with this chapter.
(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005)
The Planning Commission may permit a particular use in a zone provided the use is of the same general type as the uses permitted thereby in this chapter. However, this section does not authorize the inclusion in a zone where it is not of a use specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone.
(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005)
The Planning Commission may, upon such petition, notice, and hearing as it may deem proper, recommend to the City Council the granting of a temporary permit to use certain specified property for a purpose not authorized in the district or zone in which such property is located, provided such use is not listed in another zone. Such temporary permit may be granted by motion or resolution, and shall be revocable at the will of the Council or extended for a time specified in the grant thereof, and it may be granted subject to such other limitations and conditions as the Council shall impose.
(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005)
(A) In accordance with O.R.S. 227.178, except as provided in division (C), the city shall take final action upon an application for a permit or zone change, including all appeals to the Council as provided by this chapter, within 120 days after the application is deemed complete.
(B) In accordance with O.R.S. 227.178, if an application for a permit or a zone change is incomplete the Planning Administrator shall notify the applicant of exactly what information is missing within 30 days of the receipt of the application and shall allow the applicant a reasonable opportunity to submit the missing information.
(C) In accordance with O.R.S. 227.178, the 120 day period specified in division (A) may be extended for a reasonable period of time at the request of the applicant. Division (A) shall not apply to decisions not wholly within the authority and control of the Council, nor to an amendment to the comprehensive plan or a land use regulation which has been acknowledged or to the adoption of a new land use regulation that was forwarded to the Director of the Department of Land Conservation and Development under O.R.S. 197.610(1).
(Ord. 337, passed 6-11-1979; Ord. 413, passed 5-8-1989; Ord. 491, passed 6-13-2005)
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