Chapter 17.295
DEVELOPMENT PERMITS AND PROCEDURES
Sections:
17.295.010 General.
17.295.020 General development.
17.295.030 Special development – Administrative review.
17.295.040 Special development – Planning commission review.
17.295.050 Special development – City council review.
17.295.060 Application.
17.295.070 Special development – Effective date of permit approval.
17.295.080 Appeal.
17.295.090 Fees.
17.295.010 General.
This section describes the permits and procedures relating to the development of land within the city. The building official shall not issue a permit for the construction, reconstruction, or alteration of a structure or a part of a structure for which a required special development permit has not been issued. In addition, the building official shall not issue a building permit if special conditions of a required land use permit have not been satisfied.
Development requiring permits fall in four categories depending upon the decision-making body:
(1) General development – Staff review.
(2) Special development – Administrative review.
(3) Special development – Planning commission review.
(4) Special development – City council review. [Ord. 309, 2001; Ord. 93 § 5.2.1, 1987].
17.295.020 General development.
General development applies to land use activities which are reviewed by staff. An application for a land use activity listed in this category shall be obtained and filed with the public works and development department. Staff may approve or deny the application depending upon whether the application satisfies conditions and standards specified in state specialty codes or in city ordinances. No public hearing is required, nor are any surrounding property owners notified. However, as a result of the review, staff may determine that a special permit may also be necessary. Any other special development permits must be obtained before construction or occupancy takes place. Any decision made by staff can be appealed to the planning commission and, in turn, to the city council in accordance with Chapter 17.305 CBMC. Activities which require a general development permit are:
(1) Building/construction.
(2) Erection of signs.
(3) Sewer installation.
(4) Curb cut.
(5) Demolition.
(6) Excavation and grading. [Ord. 93 § 5.2.2, 1987].
17.295.030 Special development – Administrative review.
This kind of special development applies to land use activities which are reviewed by staff but involves discretionary authority in addition to comparing the application to specific standards. An application for this kind of land use activity shall be obtained and filed with the public works and development department. Staff may approve, conditionally approve, or deny the application based upon the specific criteria. Any decision by staff can be appealed to the planning commission and, in turn, to the city council in accordance with Chapter 17.305 CBMC, except as otherwise provided. If staff cannot render a decision, it shall be referred to the planning commission.
|
Permit |
CBMC Chapter |
|
Classification of a Use |
17.315 |
|
Land Clearing, Erosion Control, and Steep Slope Areas |
17.320 |
|
Land Division – Partition I |
17.330 |
|
Estuarine and Coastal Shoreland Uses and Activity |
17.340 |
|
Conditional Use |
17.355 |
[Ord. 309, 2001; Ord. 215, 1995; Ord. 93 § 5.2.3, 1987].
17.295.040 Special development – Planning commission review.
Special development – Planning commission review is a type of major land use activity reviewed by the planning commission in a quasi-judicial fashion. Appeals from final decisions by the planning commission must be made to the city council in accordance with Chapter 17.305 CBMC. Table 17.295.040 lists special development permits falling in this category and the chapters of this title which establish the criteria and procedures used in making a decision.
|
Permit |
CBMC Chapter |
|
Site Plan and Architectural Review |
17.345 |
|
Variance |
17.350 |
|
Conditional Use |
17.355 |
|
Cultural Resources |
17.365 |
|
Architectural Design Review |
17.390 |
[Ord. 302, 2001; Ord. 93 § 5.2.4, 1987].
17.295.050 Special development – City council review.
Special development – City council review is a type of major land use activity where final authority is vested with the city council. These decisions may be either quasi-judicial or legislative in nature. Appeals from final decisions by the city council must be made to the state. Table 17.295.050 lists special development permits regulated in this category and the chapters of this title which establish the criteria and procedures used in making a decision.
|
Permit |
CBMC Chapter |
|
Land Division – Partition II and Subdivision |
17.335 |
|
Change in Zone Designation |
17.360 |
|
Dedication of Rights-of-Way or Other Public Property |
17.370 |
|
Vacation |
17.375 |
|
Amendments to the Plan and/or this Title |
17.380 |
|
Annexation |
17.385 |
[Ord. 320, 2002; Ord. 215, 1995; Ord. 148 § 22, 1989; Ord. 93 § 5.2.5, 1987].
17.295.060 Application.
Unless otherwise specified, application shall be made on forms obtained from the public works and development department. [Ord. 320, 2002; Ord. 93 § 5.2.6, 1987].
17.295.070 Special development – Effective date of permit approval.
(1) A permit may become effective immediately after approval by the commission, council, or staff, or may be delayed until the applicant complies with conditions attached to the approval. If the applicant fails to comply with the terms of the permit, or conditions thereof, staff shall notify the holder of the permit to provide reasons for noncompliance. Staff may authorize a 90-day period for the applicant to bring the project into compliance. If the applicant fails to do so, staff shall notify the applicant not less than 15 days before the expiration of the grace period to appear before the planning commission and show cause why approval should not be revoked. Continued noncompliance may be subject to the penalties or other enforcement action under Chapter 17.310 CBMC, Enforcement.
(2) For special development permits other than those listed in Table 17.295.030, if the development is not commenced within a reasonable time after permit approval, land use conditions in the vicinity may change and the findings which formed the basis of the approval may no longer be supported by facts. Therefore, unless a different time limit has been established by this title or commission/council action, approval for special development permits other than those listed in Table 17.295.030 shall lapse if:
(a) The authorized construction or use is not commenced within one year after approval, or, if commenced within such time, is not pursued diligently to completion; or
(b) The occupancy or use of land/building authorized by the permit has been discontinued for a period in excess of 120 consecutive days.
If circumstances beyond the control of the applicant cause delays which do not permit compliance with the established time limitation, the commission may grant extensions of time, for a period not to exceed one year for each extension, if the applicant can demonstrate the circumstances and conditions which were associated with the initial approval have not changed and that continued approval can be justified.
Applications for extensions of time must be in writing and set forth the reasons justifying the extension. The application must be filed with the public works and development department not less than 30 days before the expiration date of the initial approval or extension thereof. [Ord. 320, 2002; Ord. 93 § 5.2.7, 1987].
17.295.080 Appeal.
Any denial or decision may be appealed to the next hearing authority in accordance with the provisions of Chapter 17.305 CBMC. [Ord. 93 § 5.2.8, 1987].
17.295.090 Fees.
(1) The schedule of filing fees for a permit required by this title shall be established and set by resolution of the city council of the city of Coos Bay.
(2) Only one fee shall be required for applications needing multiple permits, whichever fee is highest. [Ord. 93 § 5.2.9, 1987].