Article 1: General Provisions.............................1-1 
1.010 Title ...........................................1-1 
1.020 Purpose .........................................1-1 
1.030 Scope and Compliance ............................1-1 
1.031 Compliance .................................1-1 
1.032 Assignment .................................1-1 
1.040 Consistency With Plan, Laws and Code ............1-1 
1.041 Plan Consistency Assumed....................1-1 
1.042 Restrictiveness ............................1-1 
1.043 Effect on Agreements Between Parties .......1-2 
1.044 Severability and Validity ..................1-2 
1.050 Interpretations .................................1-2 
1.051 Director ...................................1-2 
1.052 Appeals ....................................1-2 
1.053 Request and Action .........................1-2 
1.054 Basis for Interpretation....................1-3 
1.060 Enforcement and Penalties .......................1-3 
1.061 Duties of Officer ..........................1-3 
1.062 Revocation of Permit .......................1-3 
1.063 Fees, Fines, Penalty Assessments, and Procedures 
for Violations of the Development Code .....1-3 
1.064 Injunctive Relief ..........................1-9 
1.065 Civil Relief ...............................1-9 
1.066 Abatement ..................................1-9 
1.067 Evidence ...................................1-10 
1.070 Fees.............................................1-11 
1.080 Validity and Prior Approval .....................1-11 
1.090 Approval Criteria following Text Amendments .....1-12 
1.100 Effective Date...................................1-14 


 

 

 

 

 

 


Article 1: General Provisions 

 

1.010 Title 

 

Title 10 of the Grants Pass Municipal Code may also be 
cited as the Development Code of the City of Grants Pass. 
The Development Code of the City of Grants Pass may be 
referred to as "this Code" within the Development Code 
document itself. 

 

1.020 Purpose 

 

The purpose of this Code is to implement the policies of 
the Grants Pass Comprehensive Community Development Plan, 
and to coordinate City regulations governing the 
development and use of land. 

 

1.030 Scope and Compliance 

 

1.031 Compliance. Real property may be used, occupied, 
developed, divided or subdivided, and a structure may be 
used, occupied or developed only as permitted by this 
Code. Each use and development shall comply with the 
applicable criteria and standards of this Code. 

 

1.032 Assignment. The requirements of this Code shall apply to 
the party undertaking a use or development, and to any 
successor in interest. 

 

1.040 Consistency With Plan, Laws and Code 

 

1.041 Plan Consistency Assumed. It may be generally assumed 
that the requirements of this Code implement the policies 
of the Comprehensive Plan, and that therefore a use or 
development meeting the requirements of this Code 
likewise meets the requirements of the Comprehensive 
Plan. Should a conflict between the requirements of the 
Comprehensive Plan and Code be demonstrated, the 
requirements of the Comprehensive Plan shall prevail, and 
the Director shall initiate the necessary action to bring 
the requirements of this Code into conformance with the 
Comprehensive Plan. 

 

1.042 Restrictiveness. Where conditions are imposed on use or 
development by a provision of this Code are less 
restrictive than comparable conditions imposed by other 
provisions of this Code, the more restrictive provisions 
shall apply. 




1.043 Effect on Agreements Between Parties. The provisions of 
this Code shall not interfere with, abrogate or annul any 
easement, covenant or other agreement between parties, 
provided that where this Code imposes a differing or 
greater restriction than that imposed by the agreement, 
the provisions of the Code shall control. 

 

1.044 Severability and Validity. If any section, subsection, 
sentence, clause or phrase of this Code is for any reason 
held by a court of competent jurisdiction to be invalid, 
such decision shall not affect the validity of the 
remaining portions of this Code. The City Council of the 
City of Grants Pass hereby declares that it would have 
passed this Code, and each section, subsection, sentence, 
clause or phrase thereof, irrespective of the fact that 
any one or more sections, subsections, sentences, clauses 
or phrases might be declared invalid. 

 

1.050 Interpretations 

 

1.051 Director. The Director shall interpret all terms, 
provisions and requirements of this Code. 

 

1.052 Appeals. The interpretation of the Director may be 
appealed to the Planning Commission as provided in 
Article 10. 

 

1.053 Request and Action. 

 

(1) A request for interpretation of this Code shall be made 
to the Director in writing. The Director shall respond 
in writing to those requests for interpretations under 
his authority within five (5) working days from receipt 
of the request. 

 

(2) While an interpretation is pending, no action on the 
affected application for permit shall be taken. The 
count of calendar or working days required to process a 
permit application shall be frozen while an 
interpretation is pending, and shall be resumed on the 
day following the rendering of an interpretation by the 
Director. 

 

1.054 Basis for Interpretation. Interpretations shall be 
considered administrative action, and shall be based upon 
the following considerations: 

 


(1) The Comprehensive Plan; 

 

(2) The purpose and intent of the particular section of the 
Code in question; 

 

(3) The definitions contained in Article 30 of this Code; and 

 

(4) The opinion of the City Attorney. 

 

1.060 Enforcement and Penalties 

 

1.061 Duties of Officer. It shall be the duty of the City 
Manager to administer this Code. All departments, 
officials, and public employees of the City of Grants 
Pass, vested with the duty of authority to issue permits 
shall conform to the provisions of this Code and shall 
issue no permit, certification, or license for any use, 
development, building or purpose which violates or fails 
to comply with conditions or standards imposed by this 
Code. Any permit, certificate or license issued in 
conflict with the provisions of this Code, intentionally 
or otherwise, shall be void. 

 

1.062 Revocation of Permit. Any Development Permit, 
certificate or license granted in accordance with the 
terms of this Code may be revoked if any of the 
conditions or terms of such Permit, certificate or 
license are violated, or if any law or ordinance is 
violated in connection therewith. 

 

The Planning Commission may revoke any Development Permit 
for noncompliance with conditions after first holding a 
Type III hearing, as provided in Section 2.050 of this 
Code. The foregoing shall not be the exclusive remedy, 
and it shall be unlawful and punishable hereunder for any 
person to violate any condition imposed by a Development 
Permit. 

 

 

11.063 Fees, Fines, Penalty Assessments, and Procedures for 
Violations of the Development Code 

 

(1) Investigation Fees: If any grading, encroachment, 
building, sign erection, or other work is conducted 
without a duly authorized permit, in addition to any 
other fees, fines, or penalty assessments, at the time of 
the issuance of the permit, the applicant shall also pay 
an investigation fee equal to 100% of the permit fee. 




(2) Fines for Violations: Any person, firm, contractor, 
developer, property owner, business, corporation, or 
other entity who violates any provision of this Code, 
shall be punished upon conviction by a fine of not less 
than $50 and not more than $500, with each day a 
violation continues unabated considered a separate 
offense. Any penalty assessment, fine, investigation 
fee, delinquent charge, or collection fee due the City 
pursuant to the Development Code is a civil penalty, and 
no imprisonment shall result from any failure to pay said 
fines, penalty assessments, investigation fees, 
delinquent charges, or collection fees, or any part 
thereof, however, this does not limit the power of a 
court to impose a penalty as provided by law for contempt 
of court. A defendant in a prosecution for a violation 
of the Development Code shall not be entitled to a court 
appointed attorney and shall be tried to the court, 
without a jury. The procedures and fines set forth in 
Section 1.063 shall be in addition to any other remedies 
provided by the Municipal Code, the Development Code, or 
the laws of the State of Oregon. 

 

(3) Penalty Assessments: In lieu of prosecuting a violation 
as provided in Section 1.063(2), the City Manager, or a 
designee, may choose to seek compliance with the 
Development Code as provided in 1.063(4) et seq. A 
penalty assessment may not be enforced through contempt 
of court except under Section 1.063(2). A penalty 
assessment levied under Sections 1.063(4), 1.063(5), 
1.063(6), and 1.063(7) shall preclude a fine or penalty 
under 1.063(2) only under the following circumstances: 


 

(a) It is for the same violation, regarding the same 
conduct, and occurring on the same day; and 

 

(b) The penalty assessment and all related fees have 
been paid by the defendant within 30 days of the 
assessment or a decision by a hearings officer on an 
appeal. 

 

(4) Grading Permits: Any person, business, corporation, 
developer, contractor, or property owner who conducts 
grading, or causes grading, on any property without a 
required permit of the Oregon Structural Specialty Code 
based on the Uniform Building Code, the Uniform Building 
Code, or the Grants Pass Municipal Code (including the 
Development Code) shall pay a penalty assessment equal to 


100 percent of the permit cost for each day the violation 
continues after notification either personally or after 
the 3rd day a notification is placed in the U.S. Mail, 
postage prepaid, to their last known address for delivery 
to the person, business, corporation, developer, 
contractor, or property Owner. No further permits shall 
be issued for development on the property until the 
grading permit is obtained and paid for and the penalty 
assessments and investigation fees noted herein are paid. 

 

(5) Encroachment Permits: 

 

(a) Penalty Assessments for 1 or 2 Violations: Any 
person, business, corporation, developer, 
contractor, or property owner who, on 1 or 2 
occasions during any 12 month period, encroaches, or 
causes encroachment, on public property without a 
required encroachment permit of the Oregon 
Structural Specialty Code based on the Uniform 
Building Code, the Uniform Building Code, or the 
Grants Pass Municipal Code (including the 
Development Code) shall pay a penalty assessment of 
$25 for each day the violation continues after 
notification either personally or after the 3rd day 
a notification is placed in the U.S. Mail, postage 
prepaid, to their last known address for delivery to 
the person, business, corporation, developer, 
contractor, or property owner who is encroaching or 
for whom the encroachment is being conducted. 


 

(b) Penalty Assessments for 3 or 4 Violations: Any 
person, business, corporation, developer, 
contractor, or property owner who, on 3 or 4 
occasions during any 12 month period, encroaches, or 
causes encroachment, on public property without a 
required encroachment permit of the Oregon 
Structural Specialty Code based on the Uniform 
Building Code, the Uniform Building Code, or the 
Grants Pass Municipal Code (including the 
Development Code) shall pay a penalty assessment of 
$50 for each day the encroachment occurred without a 
permit. 

 

(c) Penalty Assessments for 5 or More Violations: Any 
person, business, corporation, developer, 
contractor, or property owner who, on 5 or more 
occasions during any 12 month period, encroaches, or 
causes encroachment, on public property without a 


required encroachment permit of the Oregon 
Structural Specialty Code based on the Uniform 
Building Code, the Uniform Building Code, or the 
Grants Pass Municipal Code (including the 
Development Code) shall pay a penalty assessment of 
$100 for each day the encroachment occurred without 
a permit. 

 

(6) Building Permits: Any person, business, corporation, 
developer, contractor, or property owner who builds, or 
causes building, on any property without a required 
building permit shall pay a penalty assessment of $25 for 
each day the violation continues after notification 
either personally or after the 3rd day a notification is 
placed in the U.S. Mail, postage prepaid, to their last 
known address for delivery to the person, business, 
corporation, developer, contractor, or property owner. 
No further permits shall be issued for development on the 
property until the building permit is obtained and paid 
for and the penalty assessments and investigation fees 
noted herein are paid. 

 

(7) Sign Permits: Any person, business, corporation, 
developer, contractor, or property owner who erects, or 
causes the erection of, a sign [other than a temporary 
sign as set forth in the Development Code, violations of 
which shall be prosecuted under 1.063(2)] on any property 
without a required sign permit shall pay a penalty 
assessment for each day the violation continues beyond 48 
hours after notification either personally or after the 
3rd day a notification is placed in the U.S. Mail, 
postage prepaid, to their last known address for delivery 
to the person, business, corporation, developer, 
contractor, or property owner. No further permits shall 
be issued for development or signs on the same property 
until the sign permit is obtained and paid for and the 
penalty assessments and investigation fees noted herein 
are paid. A violation shall be deemed to continue until 
the sign is removed. However, a violation will be 
temporarily suspended if: (1) a request for a variance 
to the sign standard is pending; and (2) all accrued 
penalty assessments, investigation fees, permit fees, and 
variance fees have been paid in full; and (3) the sign is 
covered from sight until a decision on the variance by 
the appropriate hearing body is made. The penalty 
assessment shall be $25 per day if the violation is the 
1st or 2nd within the past 12 months, $50 per day if the 
violation is the 3rd or 4th within the past 12 months, 


and $100 per day if the violation is the 5th or greater 
within the past 12 months. 

 

(8) Denial of Sign Permits for Two or More Violations on the 
Same Property: Any person, developer, contractor, 
property owner, or business that erects, or causes the 
erection of any sign or banner on the same property 
without a duly authorized sign permit on 2 or more 
occasions within a 12 month period, shall not be issued 
any further sign permits for the same property from the 
date of the last violation to the date which is 12 months 
after the date all penalty assessments and fees have been 
paid in full. 

 

(9) Discontinuation of City Sewer and Water Services: If a 
building is occupied prior to the issuance of a 
Certificate of Occupancy or a Final Inspection beyond 72 
hours after notification either personally or after the 
7th day a notification is placed in the U.S. Mail by 
certified mail, to their last known address for delivery 
to the property owner and occupant, the City Manager or a 
designee shall post a 24 hour notice of disconnect on 
the property. If the property is still occupied on the 
first business day following the posting of the 24 hour 
notice, the City Manager or a designee shall order the 
sewer and water services to the property to be 
disconnected and said service shall remain disconnected 
until a Certificate of Occupancy is issued or a 
successful Final Inspection is completed. The City 
Manager or a designee shall also request from the 
appropriate utility company that natural gas and 
electrical service to the property be discontinued until 
the certificate of occupancy is issued or the successful 
Final Inspection is completed. 

 

(10) Appeals: Any person, firm, contractor, developer, 
property owner, business, corporation, or other entity 
upon whom a penalty assessment or restriction has been 
levied by the City under Section 1.063(3) through 
1.063(9) may appeal that penalty assessment or 
restriction as follows: 

 

(a) Notice of Penalty Assessment or Restriction: Upon 
determining a penalty assessment or restriction 
should be imposed, the City shall notify the person, 
firm, contractor, developer, property owner, 
business, corporation, or other entity that the City 
is levying a penalty assessment or restriction, or 


both, against them and the amount thereof. Notice 
shall be perfected by notification either personally 
or after the 7th day a notification is placed in the 
U.S. Mail, postage prepaid, to their last known 
address for delivery to the person, business, 
corporation, developer, contractor, or property 
owner. An appeal shall be filed with the Director of 
the Community Development Department within 7 days 
of the date the notice is perfected. 

 

(b) Hearings Officer: The appeal shall be heard by a 
hearings officer. Not less than 2 hearings officers 
shall be appointed for 1 year periods to consider 
appeals under this Section. Hearings officers shall 
not be employees of the City and shall not be 
entitled to nor shall they receive any compensation 
for their service. Hearings officers shall be 
nominated by the City Manager and appointed by the 
City Council, and may be removed at the discretion 
of the City Manager. 

 

(c) Procedures: At the time of filing the appeal, the 
appellant must include a short written statement 
indicating the penalty assessment being appealed and 
any mitigating or extenuating circumstances 
surrounding the alleged violation. The filing of an 
appeal does not prevent the City from levying 
additional penalty assessments if the violation 
continues to occur pending the appeal. Unless all 
hearings officers are unavailable or a continuance 
is granted, the hearing shall be held within 80 
hours (excluding Saturdays, Sundays, and holidays) 
of the date and time an appeal is filed. For good 
cause shown, a hearings officer may continue a 
hearing upon the request of the City or appellant. 
The hearing shall be continued upon the request of 
either the City or appellant, if the opposing side 
has no objection. Continuances shall not exceed 10 
days. 

 

(d) Evidence: A decision of the hearings officer shall 
be supported by a preponderance of evidence at the 
hearing. Evidence at the hearing may be presented 
by testimony or exhibits, including statements 
presented in writing by persons who are not present 
for the hearing. However, no written statement of a 
person not present at the hearing may be considered 


unless the opposing side has an adequate opportunity 
to talk with the person prior to the hearing. 

 

(e) Decision of Hearings Officer: Based on the evidence 
reviewed at the hearing, the hearings officer is 
authorized to affirm or reverse the penalty 
assessment and restriction levied by the City, or to 
lower the penalty assessment, or to increase the 
penalty assessment to the maximum provided by law. 
A decision of the hearings officer is final subject 
to any statutory right of review by a Circuit Court 
of the State of Oregon. 

 

1.064 Injunctive Relief. The foregoing sanctions shall not be 
exclusive, and where the public health, safety, or 
general welfare will be better served thereby, the City 
Manager may institute such proceedings for injunctive 
relief against a continuing violation as may be 
authorized by law. In the enforcement of provisions 
prohibiting nuisances caused by odor, sound, vibration 
and the like, the City Manager may seek injunction 
against the specific device, activity or practice causing 
the nuisance. 

 

1.065 Civil Relief. When any real property is or is proposed 
to be transferred, sold or disposed of in violation of 
this Code, the Council, City Manager, City Attorney, or 
any persons whose interest in real property is or may be 
affected by the violation, may in addition to other 
remedies provided by law, institute injunction, mandamus, 
abatement, or other appropriate proceedings to prevent 
temporarily or permanently enjoin, abate or set aside 
such transfer, sale disposition, offer, negotiation or 
agreement. 

 

1.066 Abatement. 

 

(1) Where, because of the absence of the responsible person, 
or persons from the City, County or the State, as the 
case may be, the courts of the State of Oregon cannot 
secure effective jurisdiction over the person or persons 
responsible for the cause of continuation of a structure 
or condition erected or maintained in violation of this 
Code, or where the City Council deems it important to the 
public interest that the unlawful structure or condition 
be removed or corrected without delay, the Council may, 
after notice and hearing, using Type IV procedure, order 
the removal of the unlawful structure or condition and, 


if such removal or correction is not effected within the 
time prescribed in the order, the City Manager shall 
cause such abatement, going upon the premises with such 
men or equipment as may be necessary, and the Council 
shall thereafter by Ordinance assess the cost of 
abatement against the real property. The lien of the 
assessment shall be enforced in the same manner as in the 
case of street improvement liens. 

 

(2) Notice of hearing shall be sufficient if given 30 days 
advance of the hearing, either by personal delivery or by 
mailing the same to the last known address of the owner 
of the property as shown by the County Assessor's 
records. The order shall be served upon the owner or 
responsible person in the manner prescribed for the 
notice of hearing, and the owner or responsible person 
shall have such period of time after service of the 
order, but not less than 30 days, as the City Council may 
deem to be reasonably necessary to accomplish the 
requirement of the order. The notice of hearing and the 
abatement order shall contain a notice to the property 
owner, or other person served, that the City of Grants 
Pass shall not be responsible for the condition or 
storage of the component parts of, or personal property 
situated within, the structure following abatement by the 
City. The remedy of abatement shall be in addition to, 
and not in lieu of, the other remedies prescribed in this 
section. 

 

1.067 Evidence. In any prosecution for causing or maintaining 
any condition or use of, or activity on, or construction, 
moving or maintaining any structure on, any premises in 
violation of this Code, a person in possession or control 
of the premises, as owner or lessee at the time of the 
violation, or continuance thereof, shall be presumed to 
be the person who constructed, moved, caused or 
maintained the unlawful activity, use, condition or 
structure. This presumption shall be rebuttable and the 
City Council or the defendant in such prosecution shall 
have the right to show that the offense was committed by 
some person other than, or in addition to, an owner of 
lessee or other person in possession or control of the 
premises; but this shall not be construed as relieving a 
person in possession and control of property from any 
duty imposed upon him by this Code. For the purpose 
hereof, the person to whom the premises are taxed 
according to the records of the Josephine County Assessor 
shall be prima facie the person in possession or control 


of the premises. Where premises on which the violation 
is committed are commercial or industrial premises on 
which a sign is situated identifying the commercial or 
industrial activity conducted thereon, or displaying the 
real or assumed business name of a person or proprietor 
thereof, the same shall constitute prima facie evidence 
that the person whose name is thus displayed is in 
possession or control of the premises as owner or lessee, 
but this shall not be construed to relieve from 
responsibility any agent, manager, employee or other 
person who actually committed the violation. 

 

 

21.070 Fees 

 

The City Council shall establish fees for the performance 
of the actions and reviews required by this Code by 
separate resolution. The fees charged shall be at an 
amount no more than the actual or average cost of 
providing that service. Payment of said fees shall be 
required at the time of application, and no review or 
action shall go forward without payment of said fee in 
full. Upon denial of the applicant's request, and 
resubmission by the applicant, fees shall be required in 
full for the resubmitted application. For modifications 
or amendments to an approved application requiring a Type 
II, III, IV or V review, a fee shall be required. 

 

1.080 Validity and Prior Approval 

 

The following actions, if initiated prior to the adoption 
of this Code, may be continued and completed, but only 
when in accordance with approvals granted by the City, 
and when in accordance with conditions made or 
requirements in effect at the time approval was granted. 
All other approvals, authorization or permission in any 
form given prior to the enactment of this Code shall be 
invalid. 

 

(1) Completion of any construction activity for which a 
building permit had been issued, provided that the work 
is carried out in conformance with the requirements under 
which the permit was issued. If after a period of more 
than one year from adoption of this Code the work is not 
progressing in a vigorous manner, a development permit 
conforming to the requirements of this Code shall be 
required. 

 


(2) Completion of final subdivision plat, final manufactured 
home park plan, and final PUD plan for which preliminary 
approval has been granted, provided such plats and plans 
are submitted within six months of adoption of this Code, 
or are submitted in accordance with a previously approved 
phasing plan. 

 

(3) Construction of any subdivision, PUD, or manufactured 
home park, which has received final approval, provided 
that such work is commenced within one year of final 
approval and is completed within two years of final 
approval or in accordance with an approved phasing plan. 
A single extension up to 12 months to this time 
requirement may be granted by the review body upon 
request by the applicant. 

 

(4) Construction of any structure or facility for which a 
Conditional Use Permit, Variance or Site Plan approval 
has been granted provided such work is commenced within 
one year of approval and is completed within two years of 
approval. A single extension up to 12 months to this 
time requirement may be granted by the review body upon 
request by the applicant. 

 

(5) Construction of any structure or facility under 
conditions of a resolution of intent to rezone, provided 
the terms of the resolution are met. 

 

 

31.090 Approval Criteria following Text Amendments 

 

Approval or denial of an application shall be based upon 
the standards and criteria that were applicable at the 
time the application was first submitted. If the 
submitted application was deemed incomplete as provided 
in Section 3.050 of this Code, and the applicant 
resubmits the required material within 180 days of the 
original submittal, the decision on the application shall 
also be based upon the standards and criteria that were 
applicable at the time of the first submittal. The 
provisions of ORS 92.040(2) shall apply only during the 
90-day period commencing the date of the application is 
first submitted. 

 




41.100 Effective Date 

 

This Code was adopted by the City Council by Ordinance 
No. 4490 on August 17, 1983, and shall be effective as of 
September 14, 1983. 

 

 

 

1. Revised 5-15-95 

 

2. Revised 4-3-91, 11-15-95 

 

3. Revised 4-3-91 

 

4. Revised 4-3-91