Chapter 1.4
GENERAL ADMINISTRATION
Sections:
1.4.300 Consistency with plan and laws.
1.4.500 Pre-existing approvals.
1.4.600 Demolition permit, building permit and certificate of occupancy.
1.4.100 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. 08-06 § 3, 2008)
1.4.200 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 or valid without compliance with the provisions of this code and all permits, approvals, and conditions of approval issued under it.
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. Development approvals and applicable conditions shall run with the land. The approval transfers to a new owner if the property is sold or otherwise transferred, unless specifically conditioned otherwise.
C. 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. 08-06 § 3, 2008)
1.4.300 Consistency with plan and laws.
This development code is designed to implement the city of Silverton comprehensive plan. All provisions of this code shall be construed in conformity with the adopted comprehensive plan and applicable state and federal laws. (Ord. 08-06 § 3, 2008)
1.4.400 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 and has received the applicable approvals (e.g., design review, land division, public improvement permits, state and federal regulations) and is not prohibited by law. (Ord. 08-06 § 3, 2008)
1.4.500 Pre-existing approvals.
A. Legality of Pre-Existing Approvals. Developments and uses for which approvals were granted prior to the effective date of the ordinance codified in this code (“pre-existing approvals”) may occur pursuant to such approvals. Pre-existing approvals may be extended pursuant to the standards in effect at the time of the original approval notwithstanding any state or federal law or rule precluding such extension. Modifications to pre-existing approvals shall comply with Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval.
B. Subsequent Development Applications. All developments and uses begun on or after November 5, 2008, shall conform to the provisions of this code. (Ord. 08-06 § 3, 2008)
1.4.600 Demolition permit, building permit and certificate of occupancy.
A. Demolition Permit. A demolition permit shall not be issued until the community development director has issued a land use review or design review approval in accordance with the provisions of Chapter 4.2 SDC, or has otherwise found that such review is not required.
B. Building Permit. A building permit shall not be issued until the community development director has issued a land use review or design review approval in accordance with the provisions of Chapter 4.2 SDC, or has otherwise found that such review is not required.
C. 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 building official has issued a certificate of occupancy following completion of the work in substantial conformance to the applicable approvals and permits.
D. Prior to Final Completion. Prior to the final completion of all work, the building official, at his or her discretion, may issue a temporary certificate of occupancy and/or a certificate of occupancy for a portion of the structure, conditioned upon further work being completed by a date certain. At the building official’s discretion, security in the form of a bond, contract, escrow funds, or other considerations may be required to ensure the final completion of all required work. (Ord. 08-06 § 3, 2008)
1.4.700 Official action.
A. Official Action. The city official 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. Declaring a Prior Decision Void. Any permit or approval issued or granted that fails to comply with the provisions of this code or the code in force at the time the permit or approval was granted may be declared void by the city. The reviewing body shall determine when an approval is void and may direct cessation of building activity or use or may direct modification in order to attain conformance 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, provided a good faith effort was made to notify all parties entitled to notice.
D. Fees. The city council shall establish application and review fees and fee policies by separate resolution for the performance of the actions and reviews required by this code. (Ord. 08-06 § 3, 2008)
1.4.800 Approval compliance.
A. Application Materials. Application materials and other information (such as oral and/or written testimony) submitted by an applicant and relied upon by the city staff and/or the decision-making body during the review and approval process in order to gain development approval are considered part of the application and any commitment contained within this material shall become legally binding upon the applicant.
B. Conditions of Approval. Developments that have been granted approval subject to conditions of approval are required to comply with said conditions of approval. As these conditions run with the land, future owners, lessees, renters, etc., will also be required to comply with said conditions of approval. In the event that these conditions require reconsideration, then the appropriate application and review procedures must be followed for reconsideration of said conditions in accordance with the provisions of this code. (Ord. 08-06 § 3, 2008)