Article 3: Development Permit Procedures.................3-1 
3.010 Purpose..........................................3-1 
3.020 Code Compliance Required.........................3-1 
3.021 Land Use Decision and Permit Issuance.......3-1 
3.022 Lands in Violation..........................3-1 
3.030 Land Use Approval Required, Exceptions...........3-1 
3.040 Land Use Decision Procedures.....................3-2 
3.041 Pre-Application Conference..................3-2 
3.042 Director Coordination.......................3-3 
3.043 Submittal of Application Materials..........3-3 
3.044 Determination of Procedure Types............3-4 
3.050 Application Completeness and Processing Timelines3-4 
3.060 Referral and Review of Complete Application......3-7 
3.061 Referral....................................3-7 
3.062 Review......................................3-8 
3.065 Decision or Recommendation..................3-8 
3.070 Fulfillment of Conditions of Land Use Approval...3-9 
3.075 Expiration and Extension of Land Use 
Approval....................................3-9 
3.076 Expiration of Land Use Approval.............3-9 
3.077 Extension of Land Use Approval..............3-10 
3.080 Action on Resubmission of Denied Application.....3-11 
3.090 Development Permits..............................3-11 
3.091 Development Permit Required.................3-11 
3.092 Development Permit Expiration...............3-12 
3.093 Development Permit Extension................3-12 


 

 





Article 3: Land Use Decision and Development Permit Procedures 

 

3.010 Purpose 

 

Land use decisions and development permits are issued to 
assure property owners that the use and development of 
land is consistent with the provisions of this Code. 
The development permit replaces various land use permits 
previously required prior to adoption of this Code, while 
simplifying and regularizing the permit procedure. 

 

33.020 Code Compliance Required 

 

3.021 Land Use Decision and Permit Issuance. Land Use Decisions 
and Development Permits shall be issued according to the 
provisions of this Code. 

 

 Neither the City Building Official nor any other state or 
local official shall issue a permit for use, development 
or occupation of a structure which has not been approved 
according to this Code. Notwithstanding the above, valid 
prior approvals shall be allowed to proceed as provided 
in Section 1.080, Validity and Prior approval. 

 

3.022 Lands in Violation. The Director shall not issue a Land 
Use Approval or Development Permit for the partitioning, 
subdivision, development, or use of land that has been 
previously divided in violation of state or local codes 
then in effect, or divided in violation of this Code 
subsequent to its adoption, or otherwise developed in 
violation of this Code, regardless of whether the 
applicant created the violation, unless the violation can 
be rectified as part of the proposed development in a 
manner provided by this Code. 

 

3.030 Land Use Approval Required, Exceptions 

 

(1) Any use, development, or activity identified in Section 
2.033 of this Code as “Exempt” (Type I-EX Procedure) does 
not require a permit, land use decision, or Development 
Permit, but shall comply with the provisions of this 
Code. 

 

(2) Any use, development, or activity identified in Section 
2.034 of this Code as requiring an Administrative Use 
Permit (Type I-AU Procedure) does not require a land use 
decision or Development Permit, but requires a Use Permit 


in accordance with the provisions of this Code, and shall 
comply with the provisions of this Code. 

 

(3) Any use, development, or activity identified in Section 
2.035 of this Code, which allows the Building Permit to 
serve as Development Permit (Type I-A Procedure), does 
not require a written land use decision, but shall comply 
with the conditions set forth as part of the Building 
Permit, and shall comply with the provisions of this 
Code. 

 

(4) Except as provided in Subsection (5) of this Section, any 
use, development, or activity identified in Sections 
2.036 (Type I-B Procedure), 2.037 (Type I-C Procedure), 
2.040 (Type II Procedure), 2.050 (Type III Procedure), 
2.060 (Type IV Procedure), or 2.070 (Type V Procedure) 
requires a written land use approval issued in accordance 
with the procedures of Article 2. 

 

(5) Certain applications, such as Lot Line Vacations, are 
reviewed through a Type IV-B Procedure, and approval is 
granted by City Council by Ordinance. The ordinance 
serves as the approval and there is no separate written 
land use approval. 

 

3.040 Land Use Decision Procedures 

 


33.041. Pre-Application Conference 

 

(1) A pre-application conference is required for all 
applications in Schedule 2-1, ‘Application Procedures’ 
identified as requiring a pre-application, unless the 
Director finds the conference is not needed. 

 

 An applicant or the applicant's authorized representative 
shall request the Director to arrange a pre-application 
conference, unless the Director finds the conference is 
not needed. 

 

(2) The purpose of the conference shall be to acquaint the 
applicant with the substantive and procedural 
requirements of this Code; to provide for an exchange of 
information regarding applicable elements of the 
Comprehensive Plan and Development Code requirements, and 
to otherwise identify policies and regulations that 
create opportunities or pose significant constraints for 
the proposed development. 


(3) Any pre-application for site plan review, subdivision, or 
PUD requires a rough sketch conceptual plan to be 
reviewed in the pre-application conference. 

 

(4) Upon the request of the applicant, the Director shall 
provide the applicant with a written summary of the 
conference including confirmation of the procedures to be 
used to process the application, a list of materials to 
be submitted, and the criteria and standards which may 
apply to the approval of the application. 

 

3.042 Director Coordination. The Director shall be 
responsible for the coordination of the land use 
application and decision making procedure. 

 

3.043 Submittal of Application Materials. Land use 
applications together with all application materials 
shall be submitted to the Director during the normal 
working hours of the Department. The Director shall 
indicate the date of submittal on each copy of the 
materials submitted. 

 

A complete application shall consist of only the items 
required by this Code, as follows: 

 

(1) A completed application, on a form provided by the 
Director. 

 

(2) Legal description, assessor map page number and tax lot 
number for all properties included in the application. 

 

(3) Evidence that the property included in the application is 
owned by the applicant, or that the applicant is the duly 
authorized agent of the owner. 

 

(4) Additional information, including maps, plans, sketches, 
calculations, and traffic analysis as required by other 
Articles and Sections of this Code. 

 

(5) Where applicable, a statement of intent, explaining the 
nature and proposed use of the development, pertinent 
background information and other information that may 
have a bearing in determining the action to be taken. 

 

(6) As many duplicates of the above information as may be 
requested by the Director to facilitate expeditious 
review of the application. 


(7) Submission of application fees as established by the City 
Council by separate resolution. 

 

 

3.044 Determination of Procedure Types 

 

(1) Procedure Types. A land use application shall be 
processed under a Type I, II, III, IV, or V procedure, as 
provided in this Code in Article 2, Procedure Types. 

 

(2) Determination of Procedure Types. When a complete 
application is submitted, or following the pre-
application conference, the Director shall determine the 
type of procedure the Code specifies for its processing. 
Where there is a question as to the appropriate type of 
procedure, the Director shall determine the procedure to 
be utilized based upon the most similar development 
permit procedure specified by this Code. 

 

(3) Consolidated Procedures. An applicant may apply at one 
time for all permits or approvals required for a 
development, such as zone map amendment and comprehensive 
plan map amendment, subdivision, variance, and site plan 
review, provided all application materials for each 
permit are submitted simultaneously. In such 
circumstances, the procedure type followed shall be 
determined by the Director and may be the highest 
required for any of the individual applications. 

 

2(4) Consolidation Process for Transportation Facilities. 

 Whenever more than one land use decision is required to 
permit a transportation facility, review of such 
decisions shall be consolidated, provided all application 
materials for each permit are submitted simultaneously. 
In such circumstances, the procedure type followed shall 
be determined by the Director and may be the highest 
required for any of the individual applications. 

 

 

33.050 Application Completeness and Processing Timelines 

 

 (1) Except as provided in subsections (5) and (7) of this 
section, the review body shall take final action on any 
application, including resolution of all local appeals 
under ORS 227.180, within 120 days after the application 
is deemed complete. 

 


The timelines specified in Article 2 for processing an 
application, including noticing, scheduling a hearing, 
and issuing a decision shall begin on the date the 
application is deemed complete. 

 

 (2) Within 5 days of receiving an application, the Director 
will review the application materials and make a 
determination of whether the application is complete. 

 

 If an application is deemed complete, the Director shall 
process the application is accordance with the provisions 
of this Code, including the referral and review 
provisions of this Article and the applicable procedure 
type of Article 2. 

 

 If an application is deemed incomplete, the Director 
shall notify the applicant in writing of exactly what 
information is missing within 30 days of receipt of the 
application and allow the applicant to submit the missing 
information. The application shall be deemed complete 
for the purpose of subsection (1) of this section upon 
receipt by the Director of: 

 

 (a) All of the missing information; or 

 

 (b) Some of the missing information and written notice 
from the applicant that no other information will be 
provided; or 

 

(c) Written notice from the applicant that none of the 
missing information will be provided. 

 

(3) Applicable Criteria. 

 

(a) If the application was deemed complete when first 
submitted or the applicant submits the requested 
additional information within 180 days of the date 
the application was first submitted, approval or 
denial of the application shall be based upon the 
standards and criteria that were applicable at the 
time the application was first submitted. 

 

(b) If the application is for industrial or traded 
sector development of a site identified under 
Section 12, Chapter 800, Oregon Laws 2003, and 
proposes an amendment to the comprehensive plan, 
approval or denial of the application must be based 


upon the standards and criteria that were applicable 
at the time the application was first submitted, 
provided the application complies with paragraph (a) 
of this section. 

 

(4) On the 181st day after first being submitted, the 
application is void if the applicant has been notified of 
the missing information as required under subsection (2) 
of this section and has not submitted: 

 

(a) All of the missing information; or 

 

(b) Some of the missing information and written notice 
that no other information will be provided; or 

 

(c) Written notice that none of the missing information 
will be provided. 

 

(5) The 120-day period set in subsection (1) of this section 
may be extended for a specified period of time at the 
written request of the applicant. The total of all 
extensions may not exceed 245 days. 

 

(6) The 120-day period set in subsection (1) of this section 
applies: 

 

(a) Only to decisions wholly within the authority and 
control of the governing body of the City; and 

 

(b) Unless the parties have agreed to mediation as 
described in ORS 197.319(2)(b). 

 

(7) Notwithstanding subsection (6) of this section, the 120-
day period set in subsection (1) of this section does not 
apply to an amendment to an acknowledged comprehensive 
plan or land use regulation, or adoption of a new land 
use regulation that was forwarded to the Director of the 
Department of Land Conservation and Development under ORS 
197.610(1) in accordance with post-acknowledgment plan 
amendment procedures. 

 

(8) Except when an applicant requests an extension under 
subsection (5) of this section, if the review body does 
not take final action on an application within 120 days 
after the application is deemed complete, the city shall 
refund to the applicant, subject to subsection (9) of 
this section, either the unexpended portion of any 


application fees or deposits previously paid or 50 
percent of the total amount of such fees or deposits, 
whichever is greater. The applicant is not liable for 
additional governmental fees incurred subsequent to the 
payment of such fees or deposits. However, the applicant 
is responsible for the costs of providing sufficient 
additional information to address relevant issues 
identified in the consideration of the application. 

 

(9) Refund Process. 

 

(a) To obtain a refund under subsection (8) of this 
section, the applicant may either: 

 

(i) Submit a written request for payment, either by 
mail or in person, to the city. 

 

(ii) Include the amount claimed in a mandamus 
petition filed under ORS 227.179. The court 
shall award an amount owed under this section 
in its final order on the petition. 

 

(10) A city may not compel an applicant to waive the 120-day 
period set in subsection (1) of this section or to waive 
the provisions of subsection (8) of this section 
governing refunds or ORS 227.179 governing mandamus 
proceedings, as a condition for taking any action on an 
application except when such applications are filed 
concurrently and considered jointly with a plan 
amendment. 

 

3.060 Referral and Review of Complete Application 

 

3.061 Referral. Within five (5) working days of accepting a 
complete application, the Director shall: 

 

(1) Transmit one copy of the application, or appropriate 
parts of the application, to each City department 
identified by the Director as having possible interest in 
commenting on the proposal pursuant to the requirements 
of this Code. 

 

(2) Transmit the application, or appropriate parts of the 
application, to other governmental bodies where approval 
of other governmental bodies is required prior to 
granting a development permit. 

 


3(3) Transmit the application, or appropriate parts of the 
application, to public agencies which provide 
transportation facilities and services, such as Josephine 
County and the Oregon Department of Transportation (ODOT) 
for all partitions, and other applications which affect 
private access to roads. 

 

3.062 Review 

 

(1) The Director shall include in the transmissions noted in 
Section 3.061(1) above, the date of site plan review 
scheduled for the application, or if no site plan review 
is required, some other date for submission or comment. 
If no comment is forthcoming by the date of site plan 
review, or by the other date provided if no site plan 
review is required, the referral agency or City 
department is presumed to have no comments and 
objections. 

 

(2) The Director may extend the deadline for comment by the 
referral agency or City department up to 10 working days, 
but only if the application involves unusual 
circumstances. 


 

 

3.065. Decision or Recommendation 

 

The Director shall review the application, applicable 
criteria and standards of this Code, other applicable 
laws, comments from the Site Plan Review Committee, and 
any testimony received. 

 

(1) For a Type I-B or Type I-C Procedure, the Director shall 
issue a decision and provide notice of the decision in 
accordance with Article 2. 


 

(2) For a Type II, III, IV, or V Procedure, the Director 
shall issue a staff report with a recommendation to the 
review body and provide notice as provided in Article 2. 
The review body shall issue a decision, and notice of the 
decision shall be provided in accordance with Article 2. 


 

 

 

 

 

 


3.070 Fulfillment of Conditions of Land Use Approval 

 

(1) If the land use application is approved, the decision 
shall identify: 

 

(a) any conditions that must be completed prior to 
issuance of a Development Permit, for applications 
which require a Development Permit. 

 

(b) any conditions that must be completed prior to 
occupancy or final plat approval. 

 

(c) when the decision expires. 

 

(2) If the Director or Review Body approves the land use 
application, the decision shall become final on the 
effective date as specified in Article 2. Once a land 
use decision becomes final, it shall expire as provided 
in Section 3.075. The applicant shall obtain a 
Development Permit prior to expiration of the land use 
decision. If the conditions do not require a Development 
Permit, the applicant shall complete all other conditions 
or obtain an extension prior to expiration of the land 
use approval. 

 

 

3.075. Expiration and Extension of Land Use Approval 

 

3.076. Expiration of Land Use Approval

 

(1) Tentative Plans. Expiration of a land use approval for a 
tentative plan shall be governed by Article 17: Section 
17.213 for Property Line Adjustments, Section 17.313 for 
Partitions, and Section 17.415 for Subdivisions. 

 

(2) All Other Applications. Except as provided in Subsection 
(1), a land use approval shall expire 18 months from the 
effective date of the decision, unless: 

 

(a) The applicant has obtained a Development Permit, or 

 

(b) When a Development Permit is not required, the 
applicant has completed all conditions of approval, 
or 

 

(c) When authorized in Section 3.077 of this Code, the 
applicant received a written extension from the 


Director prior to expiration of the land use 
approval. 

 

3.077. Extension of Land Use Approval

 

(1) Tentative Plans. Extension of a land use approval for a 
tentative plan shall be governed by Article 17: Section 
17.213 for Property Line Adjustments, Section 17.313 for 
Partitions, and Section 17.415 for Subdivisions. 

 

(2) All Other Applications. The Director may grant up to two 
extensions of the land use approval of six months each, 
in accordance with the provisions of this Section. The 
Director may grant an extension for less than six months 
if there are reasons a six month extension would be 
contrary to the purposes of this Code. 

 

(a) At least 30 days prior to the expiration of the 
decision, the applicant shall submit a written 
request for an extension. The request shall 
identify all of the following: 

 

(i) progress the applicant has made toward 
completion of the conditions necessary to 
obtain a Development Permit. 

 

(ii) an estimate of the time the applicant will 
need to complete the remaining conditions 
to obtain a Development Permit. 

 

(iii)evidence that the applicant is vigorously 
pursuing the Development Permit and has 
the resources necessary to complete 
conditions necessary to obtain a 
Development Permit within the time 
provided by an extension. 

 

(b) To grant an extension, the Director shall make 
written findings that all of the following are 
satisfied: 

 

(i) There have not been significant changes in this 
Code, other regulations, the facts upon which 
the approval was based, the recommendations 
that existed at the time the land use decision 
was issued, or other circumstances that would 
warrant refiling the plan. 




(ii) No other development approval would be 
affected. 

 

(iii)The applicant is vigorously pursuing a 
Development Permit and has made substantial 
progress toward obtaining a Development Permit. 

 

(iv) The remaining work necessary to obtain a 
Development Permit can be reasonably completed 
within the amount of time granted by an 
extension. 

 

(v) No useful purpose would be served by requiring 
resubmittal. 

 

(c) The extension shall be in writing and shall specify 
the new expiration date. 

 

3.080 Action on Resubmission of Denied Application. 

 

An applicant may make appropriate alterations to a 
proposal which has previously been denied by the review 
body and resubmit it with payment of the required fee. 

 

 

33.090 Development Permits 

 

3.091 Development Permit Required. 

 

 (1) Except as provided in Subsection (2), any development 
activity or land division requires a Development Permit 
prior to commencement of any work. Except as provided in 
Subsection (2), no person shall engage in or cause to 
occur a development, including the partitioning and 
subdivision of land, for which a development permit has 
not been issued. 

 

 (2) A Development Permit is not required for: 

 

(a) any development or activity identified in one of the 
following Code sections that does not require a 
written land use approval: Section 2.033 Type I-EX 
(Exempt), Section 2.034 Type I-AU (Administrative 
Use Permit), or Section 2.035 Type I-A (Building 
Permit as Development Permit). 

 


(b) any development or activity that requires a written 
land use approval, but does not involve physical 
modification to the property, such as a Property 
Line Adjustment, and the written decision does not 
require a Development Permit as a condition of 
approval. 

 

(c) a Type IV decision where the approval is by 
Ordinance and does not involve physical modification 
to the property, such as a Property Line Vacation or 
Zoning Map Amendment. 

 

 (3) Development permits shall be in a form prescribed by the 
Director. 

 

3.092 Development Permit Expiration. 

 

(1) Tentative Plans. Expiration of a Development Permit for 
a tentative plan shall be governed by Article 17: Section 
17.213 for Property Line Adjustments, Section 17.313 for 
Partitions, and Section 17.415 for Subdivisions. 

 

(2) All Other Development Activities. For all other 
activities, all development permits shall expire 18 
months from the date of issuance, unless an extension has 
been granted as provided in Section 3.093. 

 

 To prevent the development permit from expiring, the 
applicant shall complete construction, fulfill all 
conditions, and obtain all approvals for final inspection 
and occupancy, prior to expiration of the Development 
Permit. 

 

(3) The expiration date for the Development Permit shall be 
shown on the Development Permit. 

 

3.093 Development Permit Extension.

 

(1) Tentative Plans. Extension of a Development Permit for a 
tentative plan shall be governed by Article 17: Section 
17.213 for Property Line Adjustments, Section 17.313 for 
Partitions, and Section 17.415 for Subdivisions. 

 

(2) All Other Development Activities. A development permit 
shall expire upon the expiration date shown on the permit 
unless: 

 


(a) an extension has been granted by the review body as 
provided in applicable Sections of this Code, or 

 

 (b) a written extension is granted by the Director. 
Extensions may be granted by the Director when: 

 

 (i) construction of the development has begun and 
is being vigorously pursued toward completion, 
or 

 

 (ii) The Director determines that the circumstances, 
this Code and other regulations, and the 
recommendations that existed at the time of the 
issuance of the permit have not significantly 
changed and no useful purpose would be served 
by requiring resubmittal. 

 

 

______________________ 

 

1. Revised 10-7-92 
2. Revised 9-4-02 
3. Revised 4-20-05, Ordinance 5285