Entrepreneurs know there are an extensive amount of strings that come with purchasing any land or properties for commercial projects. However, one of the most complex aspects is obtaining the correct land use permits.
Permit applications tend to rely on a long, tedious process where developers and entrepreneurs have to work through several layers of city regulations and state regulations in terms of their commercial projects. They may even have to obtain special permits to successfully complete their goals.
What makes a permit special?
In Oregon, a specialty permit come encapsulates many purposes from ensuring the safety of a specific property and ensuring the property doesn’t inhibit any statewide goals. Some of the most common specialty permits include:
- Subdivision and land partitions
- Planned residential or commercial unit developments
- Variance and conditional use permits
- Nonconforming use
- Exceptions to statewide goals
- Industrial and environmental permits
- Other electrical, mechanical, architectural and safety
Due to the nature of these specialized permits, there is a possibility for these applications to be rejected on the city or state level. However, there is a special process to seek an appeal for any permit.
How do I seek an appeal?
If you’ve already determined what permit is necessary for your project and received an application rejected, you can receive an overturn for a decision from the government in a “final” land use decision. You would have to work with a lawyer to go before the Oregon Land Use Board of Appeals and the Court of Appeals to argue why your project should be eligible for a permit.
Any appeal requires a well-crafted defense to show why the special permit is necessary and why the project should move forward as planned. You do not have to sit back and accept rejection if you do not succeed during the first application.
With more than three decades of experience, we have a deep understanding of how regulations can intersect with land use issues and development projects. For a consultation with our Portland office, call 503-837-3471 or email us directly.
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