TITLE 9
LAND USE AND DEVELOPMENT

CHAPTER 1
TITLE; INTERPRETATION; GENERAL PROVISIONS

SECTION:

9-1-1: Title

9-1-2: Purposes

9-1-3: Compliance With Regulations

9-1-4: Interpretation Of Terms, Regulations

9-1-5: Appeal Of Interpretation

9-1-6: Severability

9-1-1: TITLE:

This title shall be known as the DEVELOPMENT CODE OF THE CITY OF CLATSKANIE and shall be referred to herein as "this title". (1996 Code § 17.04.010)

9-1-2: PURPOSES:

   A.   General: It is the general purpose of this title to provide the principal means for the implementation of the Clatskanie comprehensive plan. This title is designed to regulate the division of land and to classify, designate, and regulate the location and use of buildings, structures, and land; and to divide the city into zones to carry out these regulations and provide for their enforcement.

   B.   Special: This title also has the following special purposes:

      1.   To promote coordinated, sound development with consideration for the city's natural environment, amenities, views, and the appearance of its buildings and open spaces;

      2.   To achieve a balanced and efficient land use pattern, to protect and enhance real property values, to promote safe and uncongested traffic movement and to avoid uses and development that might be detrimental to the stability and livability of the city;

      3.   To safeguard and enhance the appearance of the city through the advancement of effective land use, architectural design and city planning;

      4.   To aid in the rendering of fire and police protection;

      5.   To provide adequate open spaces for light and air;

      6.   To prevent undue concentration of population;

      7.   To facilitate adequate provisions for community utilities and facilities; and

      8.   In general, to promote public health, safety, convenience and the general welfare. (1996 Code § 17.04.020)

9-1-3: COMPLIANCE WITH REGULATIONS:

   A.   Zoning Regulations:

      1.   Except as otherwise specifically provided by this title, no building or other structure shall be constructed, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the city be commenced or changed, after the effective date hereof, except in conformity with conditions prescribed for each of the several zones, and general regulations established hereunder. No person shall divide land without first complying with the provisions of this title and the laws of the state of Oregon. It is unlawful for any person to erect, construct, establish, move into, alter, enlarge, use, or cause to be used, any building, structure, improvement or use of premises located in any zone in a manner contrary to the provisions of this title.

      2.   Where this title imposes greater restrictions than those imposed or required by other regulations or ordinances, the provisions of this title shall control. (1996 Code § 17.04.030)

   B.   Land Development: No person shall develop, use or transfer land in violation of this title. It shall be the duty of the city manager to determine the applicability of this title for enforcement purposes. All city staff with the authority to issue permits, certificates or licenses for any purpose shall do so in conformance with this title. (1996 Code § 17.04.100)

9-1-4: INTERPRETATION OF TERMS, REGULATIONS:

The city manager shall have the authority to interpret all terms, provisions and requirements of this title. The city manager shall not substitute an interpretation in conflict with any ruling or decision of the planning commission. A request for interpretation may be made orally or in writing. The city manager's interpretation may be appealed to the planning commission for its interpretation. (Ord. 643, 3-1-2006)

9-1-5: APPEAL OF INTERPRETATION:

If the person making the request disagrees with the planning commission's interpretation, such person may appeal it to the city council. The council will hear the appeal as a consideration item at its next regularly scheduled meeting. (1996 Code § 17.04.080)

9-1-6: SEVERABILITY:

The provisions of this title are severable. If any section, sentence, clause or phrase is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions. (1996 Code § 17.04.140)