§ 259.132. Provisional license pending completion of site plan.

(a) The city council may grant a provisional license to an applicant for an existing business operation that was previously licensed in the name of another person when the location of that business operation is not being changed, under the following circumstances:

(1)

The application for the license contains all required information and department approvals except that the zoning administrator has determined that the property at which the applicant's business is located has not fulfilled the requirements of Chapter 530, Site Plan Review.

(2)

No previous license, provisional license, or zoning approval issued by the city and held by the applicant has been revoked.

(3)

No previous site plan approved by the city with respect to the subject property has been revoked.

(4)

The subject property is in compliance with any interim deadlines and conditions established by a site plan approval that has been granted but for which the deadline for full implementation has not yet occurred.

(b)

A provisional license shall be effective for four (4) months following the date of issuance, subject to the following exceptions and limitations.

(1)

Upon notification by the zoning administrator that an application and application fee for site plan review for the subject property pursuant to Chapter 530 has not been submitted to the zoning office within twenty (20) days of issuance of the provisional license, the licensing official shall immediately revoke the provisional license.

(2)

The licensing official may extend the effective date of the provisional license for up to two (2) months if the zoning administrator determines that such additional time is necessary for completion of the site plan approval process.

(c)

The city council, or the licensing official for a staff approved license, shall issue a license in place of the provisional license, to expire at the end of the license year applied for, upon notification by the licensing official or the zoning administrator that site plan approval has been granted for the subject property and a performance bond for the site plan improvements has been obtained, if such bond is required pursuant to Chapter 530.

(d)

The licensing official shall revoke the provisional license upon its expiration date and notification by the zoning administrator the site plan approval has not been granted for the subject property or that a required performance bond for site plan improvements has not been obtained.

(e)

Revocation of a provisional license by the licensing official may be appealed to the city council. The appeal must be filed within ten (10) calendar days of the date of the decision by the licensing official to revoke the license. (2000-Or-051, § 2, 6-9-00; 2009-Or-130, § 11, 11-13-09; 2013-Or-166, § 9, 12-6-13)