The provisions of this title are severable. If a court of competent jurisdiction adjudges any section, sentence, clause or phrases of this title to be invalid, that decision shall not affect the validity of the remaining portion of this title.
(Ord. 720 § 7[1.2.1], 2003)
A. 
Land and structures may be used or developed by construction, reconstruction, alteration, occupancy, use or otherwise, only as this title or any amendment thereto permits. No plat shall be recorded or no building permit shall be issued without compliance with the provisions of this title.
B. 
The requirements of this title apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons' successors in interest.
C. 
Where this title imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern.
D. 
The provisions of Chapter 18.155 PMC shall govern variances.
E. 
No lot area, yard or other open space or off-street parking or loading area which is required by this title for one use shall be a required lot area, yard or other open space or off-street parking or loading area for another use, except as otherwise specifically allowed by this title.
F. 
When this title provides for a specific use in a particular district, such a use shall only be made in such district where it is expressly permitted by the code. A specific use identified in one or more specific district(s) shall not be allowed in any other district, notwithstanding that another district might describe the same general type of use.
(Ord. 720 § 7[1.2.2], 2003; Ord. 734 § 1, 2005; Ord. 812 § 1, 2016)
Each development and use application and other procedure initiated under this title shall be consistent with the adopted comprehensive plan of the city of Philomath as implemented by this title, and with applicable state and federal laws and regulations. All provisions of this title shall be construed in conformity with the adopted comprehensive plan.
(Ord. 720 § 7[1.2.3], 2003; Ord. 734 § 1, 2005)
A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this title (including nonconforming uses subject to Chapter 18.160 PMC) and is not prohibited by law.
(Ord. 720 § 7[1.2.4], 2003; Ord. 734 § 1, 2005)
A. 
Developments, including subdivisions, projects requiring development review or site design review approval, or other development applications for which approvals were granted, are subject to the following:
1. 
Start of Construction. Site plan approval is valid for a period of 18 months from the date of approval. Building permits must be issued and physical construction as set forth below must commence within the 18-month period.
2. 
Extensions. Upon written application prior to expiration, the planning commission, or city council, as applicable, may authorize an extension of the time limit of the site plan approval for an additional one year. The extension shall be based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period. The planning commission, or city council, as applicable, may require compliance with any amendments to the zoning ordinance adopted since the date of the original approval.
3. 
Expiration of Site Plan Approval. In cases where the construction authorized by a site plan approval is not complete within 36 months of site plan approval or granting of an extension, unless otherwise specified in a development agreement, the site plan approval shall automatically become null and void and all rights thereunder shall terminate.
B. 
Amendment of development approvals shall comply with Chapter 18.130 PMC, Modifications to Approved Plans and Conditions of Approval.
C. 
All development proposals received by the city after the adoption of this title shall be subject to review for conformance with the standards under this title or as otherwise provided by state law.
(Ord. 720 § 7[1.2.5], 2003; Ord. 734 § 1, 2005; Ord. 841 § 2, 2020)
A. 
A building permit shall not be issued until the planning official has issued a development permit in accordance with the provisions of Division 4, Applications and Review Procedures, or otherwise found that a development permit is not required.
B. 
To ensure completion of a development or use in the manner approved, a development shall not be occupied and a use shall not begin until the building official has issued a certificate of occupancy or other approval following completion of the work in substantial conformance to the applicable land use and building permits.
C. 
Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain.
(Ord. 720 § 7[1.2.6], 2003; Ord. 734 § 1, 2005; Ord. 737 § 1, 2006)
A. 
All officials, departments, employees (including contractors) of the city vested with authority to issue permits or grant approvals shall adhere to and require conformance with this title, 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 title.
B. 
Any permit or approval issued or granted in conflict with the provisions of this title shall be void.
C. 
The failure of any person to receive mailed notice or failure to post a notice shall not invalidate any actions pursuant to this title.
(Ord. 720 § 7[1.2.7], 2003; Ord. 734 § 1, 2005)