Administration, Enforcement, and Interpretation
Section 117. Enforcement. The Planning Director shall have the power and duty to enforce the provisions of this Ordinance. Notwithstanding any other provision of this ordinance, the Planning Director has the authority to make reasonable accommodations in the application of this ordinance when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling to the extent required by federal or state law. In considering whether an accommodation is reasonable, the Planning Director may consider whether the request puts an undue burden or expense on the city and whether the proposed use creates a fundamental alteration in the zoning ordinance. The accommodation may result in a permitted or conditional waiver of any limitation of this ordinance. An appeal from the ruling of the Planning Director shall be made to the Hearings Board, with the exception that an appeal of the Planning Director’s decision on a Development Review application shall be made to the Planning Commission under the provisions of Section 133 X. (Amended by Ord. No. 3111/4-80; 5667/9-06; and 5778/8-07.)
Section 118. Appeal to the City Council. Any action or ruling of the City Planning Commission or Planning and Zoning Hearings Board may be appealed to the City Council, within 15 days after the City Planning Commission or Planning and Zoning Hearings Board has rendered its decision, by filing written notice with the City Recorder. All appeals filed shall be accompanied by payment of a fee equal to one-half the fee paid for the original application. The appellant may also request a verbatim transcript of the recorded proceedings before the Planning Commission and the Planning and Zoning Hearings Board on the matter. Requests for transcripts shall be accompanied by a $200.00 deposit. The City shall maintain an accurate record of the costs of the transcript preparation, and any unexpended portion of the deposit shall be refunded to the party making the request.
If no appeal is taken within the 15 day period, the decision of the Planning Commission, or Planning and Zoning Hearings Board, on all applications shall be final, except when enactment by the City Council is required.
If an appeal is filed, the City Council shall hold a hearing at least for argument on the matter, and shall receive as testimony the recommendation or decision of the Planning Commission or the Planning and Zoning Hearings Board, together with the documentation supporting the decision. Notice of the City Council hearing shall be made by the same procedure required for the initial application. Any party aggrieved by a final determination of the City Council on an appeal may have the decision reviewed as provided under ORS 34.010 to 34.100. (Amended by Ord. Nos. 2514/6-72; 2677/12-74; 2752/3-76; and 3483/8-84.)
Section 119. Form of Petitions, Applications, and Appeals.
(1) Petitions, applications, and appeals provided for in this Ordinance shall be made on forms provided for the purpose or as otherwise prescribed by the City in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. Where plans must be submitted, the plans submitted shall show the site and its relationship to adjacent property at a suitable scale and with sufficient supplemental drawings or material to show all elements necessary to indicate the dimensions and arrangement of the proposed development and its relationship to surrounding properties and streets.
(2) Applications for building permits shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and the dimensions of the lot to be built upon; the exact sizes and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, other structure, or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine conformance with the provisions of this Ordinance and of the uniform building code.
Section 120. Time Limit on Approval of a Conditional Use or Variance. Authorization of a conditional use or variance shall be void after two years, unless a building permit has been issued and substantial construction has taken place. However, the authorization may be extended by the Planning Director for one additional year upon request. (Amended by Ord. No. 3111/4-80 and by Ord. No. 4300/12-94.)
Section 121. Interpretation. The provisions of this Ordinance shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this Ordinance are less restrictive than comparable conditions imposed by any other provisions of this Ordinance or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern.
Section 122. Severability. The provisions of this Ordinance are hereby declared to be severable. If any section, sentence, clause or phrase of this Ordinance is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
Section 123. Repeal of Conflicting Ordinances. Ordinance Nos. 1409, 1725, 1769, 1795, 1809, 1821, 1832, 1851, 1862, 1863, 1882, 1907, 1922, 1924, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed, with the provision that violations of said ordinances, or parts thereof, shall remain violations to the extent that the matters in violation do not conform to the provisions of this Ordinance.
Section 124. Penalty. A person violating a provision of this Ordinance shall, upon conviction thereof, be punished by imprisonment in the city jail for not to exceed 30 days, or by a fine of not to exceed $300.00, or both. A person violating a provision of this Ordinance shall be deemed guilty of a separate offense for each day during which the violation continues.
Section 125 . (Deleted by Ord. No. 3029/8-79.)