Chapter 19.12
ADMINISTRATION
Sections:
19.12.010 Scope and compliance.
19.12.020 Consistency with plans and laws.
19.12.030 Official zoning maps.
19.12.040 Interpretation of zone boundaries.
19.12.070 Rules of interpretation of document.
19.12.090 Duties of the Planning Director.
19.12.010 Scope and compliance.
No transfer or division of property contrary to the provisions of this title shall occur. No structure or lot shall be used or occupied, and no structure or part of the structure shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this title. [2005 RLDC § 12.010.]
19.12.020 Consistency with plans and laws.
A. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
B. Actions initiated under this title shall be consistent with the Josephine County comprehensive plan, the goals and policies for Josephine County, and with any applicable local, state, or federal laws, rules and regulations.
C. The violation of any land use regulation or law existing prior to the effective date of this title shall not be considered a nonconforming use, but shall be considered a continuing violation unless the provisions of this title specifically cure or resolve the violation by changing the applicable requirements.
D. Any use, activity, building, or structure found to be noncompliant, incompatible, or inconsistent with this title shall be considered a violation. [2005 RLDC § 12.020.]
19.12.030 Official zoning maps.
Land use zones defined in this title are depicted on the official zoning map(s) as such are maintained in the custody of the Planning Director. [2005 RLDC § 12.030.]
19.12.040 Interpretation of zone boundaries.
Where uncertainties exist as to the location or nature of zone boundaries as shown on the official zoning maps, the following provisions shall apply:
A. Where zone boundaries are indicated as approximately following lot lines, centerlines, rights-of-way for highways, streets, alleys, roads, canals, railroads, or contours or other similar landmarks, those lines shall be construed to be the boundaries.
B. In the case of unsubdivided property where a zone boundary divides a lot or parcel of land, the location of the boundary when not indicated by dimension or legal description, shall be determined by the Planning Director.
C. Where a public highway, street, or alley or any portion thereof is officially vacated or abandoned, the area comprising the vacated highway, street, or alley shall have applied to it the same zone applied to the property it becomes part of. [2005 RLDC § 12.040.]
19.12.050 Allowed uses.
The following uses shall be allowed where located in all zones:
A. Existing or functioning highway and road rights-of-way and areas used primarily for automobile and truck transportation shall be deemed to permit continued use and other uses supportive of the primary use.
B. Railroad rights-of-way and areas used solely for the purpose of accommodating track, signals and other operative devices and the movement of rolling stock shall be deemed to be zoned to permit continued use.
C. Easements or land areas used solely for electric power line and poles, telephone lines and poles, and gas transmission lines shall be deemed zoned to permit continued use. [2005 RLDC § 12.050.]
19.12.060 Fees required.
Any application for a land use, land division, development decision, or appeal shall be accompanied by a nonrefundable fee when prescribed by this title. The amount of the fee shall be decided by the Board of County Commissioners in a separate fee schedule adopted by ordinance. [2005 RLDC § 12.060.]
19.12.070 Rules of interpretation of document.
A. Effect of Provisions.
1. These provisions are declared to be the minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this title;
2. Where conditions imposed by this title are less restrictive than comparative conditions imposed by any other local ordinance, code resolution or regulation, or by the provision of state law or state administrative regulation, then the more restrictive shall govern;
3. This title shall not interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. When the private documents impose a greater restriction upon the use of land than are imposed or required by this title, the enforcement of the private documents shall be the responsibility of the parties signing the documents;
4. A signed application, appeal, or other document may be faxed to the Planning Office and will be accepted as a legal document, provided it is received and stamped in by 5:00 p.m. the day it is due.
B. Language Used in This Title.
1. As used in this title, the singular includes the plural; the words “can” and “may” are discretionary; and the words “will,” “shall” and “must” are nondiscretionary;
2. Whenever a certain hour or time of day is specified in this title, or any permit, condition of approval, or notice is issued or given, that hour shall be standard time or daylight savings time, whichever is in current use in the County;
3. Time deadlines in this title shall be computed with day zero beginning on the date a document is postmarked or delivered or otherwise made public, and ending at 5:00 p.m. on the last working day of the notice or time period. If the last working day is on a holiday, the notice period shall run until 5:00 p.m. on the following regularly scheduled working day. “Day” shall mean calendar day unless otherwise specified in this title;
4. Whenever this title requires consideration of distances, or parking spaces, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, those numbers are rounded to the next highest whole number;
5. “Filing” or “submitted” for the purposes of this title shall mean that all required documents have been received by the Planning Department by any deadline required in this title, order, or condition of approval. [2005 RLDC § 12.070.]
19.12.080 Editorial revision.
The County Legal Counsel or District Attorney may at any time direct changes be made to any currently maintained copies of this title to comply with new or amended acts of the legislature, pursuant to ORS 173.160, provided the editorial revisions are initiated by written memorandum filed with the County Clerk, and are subject to approval by the Planning Commission at its next regular meeting. [2005 RLDC § 12.080.]
19.12.090 Duties of the Planning Director.
In order to implement the Oregon Revised Statutes and carry out those mandates, the Planning Director shall have the authority and duty to administer and interpret the provisions of this title. Duties of the Planning Director shall include, but not be limited to:
A. Permit Review.
1. Review all development permits to determine that the permit requirements of this title have been satisfied;
2. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;
3. Issue all types of permits as required in the provisions of this title.
B. The Planning Director shall perform the permit review procedures as authorized in Chapter 19.22 JCC.
C. The Planning Director shall perform the following duties pertaining, where applicable, to site review, administrative reviews, and public hearings:
1. Refer and schedule applications to the appropriate Review or Hearing Body;
2. Conduct the correspondence of the Review or Hearing Body;
3. Give notice in accordance with Chapter 19.32 JCC;
4. Maintain a record and enter into the record relevant dates such as those of giving notice, hearings, postponement, and continuances, and a summary of action taken by the Review or Hearing Body;
5. Prepare and maintain findings of fact and/or minutes of public meetings conducted under this title;
6. Mail a copy of the final order to the applicant and any representative;
7. Mail a notice of decision to all parties participating in the review or hearing processes and have a copy of the decision available for public inspection.
D. The Planning Director may delegate the authority to review, process, and issue development permits, administrative permits, temporary use permits, variances, conditional use permits, plan and zone changes, and to conduct site review. The Director may delegate other functions as deemed necessary.
E. The Planning Director may refer any application to a higher level or standard of review, or have any application or matter affecting this title to public hearing review by the Planning Commission, the Hearings Officer or the Board when:
1. The comments received raise substantive issues based on the decision criteria for the application which are listed in the notice; or
2. At the discretion of the Director. [2005 RLDC § 12.090.]