Chapter 14.12
– General Administration
Sections:
14.12.200 Compliance and Scope
14.12.300 Consistency with Plan and Laws
14.12.400 Use of a Development
14.12.500 Pre-Existing Approvals
14.12.600 Building Permit and Certificate of Occupancy
14.12.100 Severability
The provisions of this Development Code are severable. If any section, sentence, clause or phrase of the Development Code is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of the Development Code. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.100)
14.12.200 Compliance and Scope
A. Compliance with the provisions in the Development Code. Land and structures may be used or developed only as this Development Code (“Code”) or any amendment thereto permits. No plat shall be recorded or no building permit shall be issued without compliance with the provisions of this Code.
B. Obligation by successor. The requirements of this Code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons’ successors in interest.
C. Most restrictive regulations apply. Where the requirements of this Code vary from other provisions of this Code or with other applicable standards, the most restrictive or that imposing the higher standard shall govern.
D. Variances. Variances shall be governed by the provisions of Chapter 14.51.
E. Transfer of development standards prohibited. No lot area, yard, landscaping, or open space that is required by this Code for one use shall be a required lot area, yard, landscaping, or open space for another use, except as otherwise specifically allowed by this Code. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.200)
14.12.300 Consistency with Plan and Laws
This Development Code is designed to implement the City of Cottage Grove Comprehensive Plan. All provisions of this Code shall be construed in conformity with the adopted comprehensive plan and applicable State and Federal laws. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.300)
14.12.400 Use of a Development
A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this Code (including non-conforming uses, subject to Chapter 5. 2), and is not prohibited by law. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.400)
14.12.500 Pre-Existing Approvals
A. Legality of pre-existing approvals. Developments and uses for which approvals were granted prior to the effective date of this Code may occur pursuant to such approvals; except that modifications to those approvals shall comply with Chapter 14.46. Modifications to Approved Plans and Conditions of Approval.
B. Subsequent development applications. All developments and uses for which a complete application was first submitted on or after [effective date of Development Code] shall conform to the provisions of this Code. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.500)
14.12.600 Building Permit and Certificate of Occupancy
A. Building permit. A building permit shall not be issued until the Community Development Director has issued a Land Use Review or Site Design Review approval in accordance with the provisions of Chapter 14.42, or has otherwise found that such review is not required.
B. Certificate of Occupancy required. To ensure completion of a development or use in the manner approved, a building shall not be occupied and a use shall not begin until the Community Development Director has issued a Certificate of Occupancy following completion of the work in conformance to the applicable approvals and permits.
C. Prior to final completion. Prior to the final completion of all work, the Community Development Director, at his or her discretion, may issue a Certificate of Occupancy for a portion of the structure conditioned upon further work being completed by a date certain. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.600)
14.12.700 Official Action
A. Official Action. The Community Development Director and his or her designees are vested with authority to issue permits or grant approvals in conformance with this Code, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this Code.
B. Severability. Any permit or approval issued or granted in conflict with the provisions of this Code shall be void, unless it is modified to conform to the Code. The Community Development Director shall determine when an approval is void and he or she may modify the approval, or refer it back to the original decision making body for modification, to make it conform to the Code.
C. Notice. The failure of any person to receive mailed notice or failure to post a notice shall not invalidate any actions pursuant to this Code, if the City can demonstrate by affidavit that such notice was given. Failure to post notice shall not invalidate any actions pursuant to this Code. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 1.2.700)