TITLE XVII: DEVELOPMENT CODE
Editor’s Note:
Ord. 2019-04, effective May 28, 2019, enacted this Title XVII and repealed Ord. 2009-01, which enacted the Development Code of 2009. Ord. 2019-04 states, in part: “The provisions appearing in the ‘Development Code’, so far as they are the same as those ordinances or prior code sections existing at the time of the effective date of this Ordinance, shall be considered as continuations thereof and not as new enactments”. References to Ord. 2009-01 throughout this title have not been replaced by references to Ord 2019-04.
Article
1. INTRODUCTION AND PROCEDURES
2. LAND USE REVIEWS
3. ZONING DISTRICTS
4. OVERLAY DISTRICTS
5. SPECIAL PROVISIONS
6. LAND DIVISIONS
7. MISCELLANEOUS PROVISIONS
8. GENERAL DEVELOPMENT STANDARDS
9. RESERVED
10. RESERVED
11. RESERVED
12. USE CATEGORIES AND DEFINITIONS
Section
Introduction and Procedures
17.1.000 How to use this Code
17.1.005 Overview of Article 1
General Administration
17.1.100 Official name
17.1.105 Purpose
17.1.110 Scope and compliance
17.1.115 Severability
17.1.120 Interpretation
17.1.125 Consistency with plans and laws
17.1.130 When land use permits are required
17.1.135 Extension of land use permit
17.1.140 Fees
Application Process and Procedures
17.1.200 Purpose
17.1.205 Consolidated review
17.1.210 Initiation and withdrawal of land use application
17.1.215 Pre-application conference
17.1.220 Neighborhood meeting
17.1.225 Application contents
17.1.230 Application submittal and acceptance
17.1.235 Recognition of interested parties to receive notices
Review Process and Procedures
17.1.300 Overview of review types
17.1.305 Staff report
17.1.310 Conditions of approval
17.1.315 Modification of conditions
17.1.320 Revocation of a previously approved permit
17.1.325 Transfer of approval rights
Type I Process – Administrative Decisions
17.1.400 Definition
17.1.405 Type I applications and approval criteria
17.1.410 Notice
17.1.415 Decision authority
17.1.420 Appeals of Type I decision
17.1.425 Second appeal option of Type I decision
Figure 1-1 Type I Application Process
Type II Process – Limited Land Use Decisions
17.1.500 Definition
17.1.505 Type II applications and approval criteria
17.1.510 Elevation of type II application to the type III process
17.1.515 Notice
17.1.520 Notice content
17.1.525 Fourteen-day comment period
17.1.530 Decision authority
17.1.535 Notice of decision
17.1.540 Appeals
Figure 1-2 Type II Application Process
17.1.545 Second appeal
Type III Process – Quasi-Judicial Land Use Decisions
17.1.600 Definition
17.1.605 Type III applications and approval criteria
17.1.610 Notice
17.1.615 Notice content
17.1.620 Decision authority
17.1.625 Announcement of decision
17.1.630 Basis for decision
17.1.635 Notice of decision
17.1.640 Appeals
Figure 1-3 Type III Application Process
Type IV Process – Legislative Land Use Decision
17.1.700 Definition
17.1.705 Type IV applications and approval criteria
17.1.710 Notice of text amendments
17.1.715 Notice of map amendments
17.1.720 Notice content
17.1.725 Decision authority
Figure 1-4 Type IV Application Process
17.1.730 Announcement of decision
17.1.735 Findings and conclusions
17.1.740 Notice of decision
Enforcement
17.1.800 Violation of code prohibited
17.1.810 Penalty
17.1.820 Complaints regarding violations
17.1.830 Inspection and right of entry
17.1.840 Abatement of violations
17.1.850 Stop-order hearing
INTRODUCTION AND PROCEDURES
This Development Code (Code) is organized as a reference document and is not intended to be read from cover to cover. Instead, it is organized so you may look up only the parts you need. The list of articles in the table of contents is very important, as are the section listings at the beginning of each article. Tables and charts are used in many places to summarize information.
The Code is divided into nine articles, with each article containing related information. Note that numbers 9–11 are held for future articles:
∙
Article 1 - Introduction and Procedures
∙
Article 2 - Land
Reviews
∙
Article 3 - Zoning Districts
∙
Article 4 - Overlay Districts
∙
Article 5 - Special Provisions
∙
Article 6 - Land Divisions
∙
Article 7 - Miscellaneous Provisions
∙
Article 8 - General
Standards
∙
Article 12 -
Categories and Definitions
Article 1 provides basic information on the purpose and legal framework of the Code and describes how land permits are classified for review under four different categories of procedure (Type I – Type IV). Information on requirements, review, public notice, public hearings and are included in this article along with general provisions on administering the Code.
Article 2 describes the various land reviews and assigns decision authority. Some reviews may be applied for at the discretion of the , such as a or adjustment request. Other reviews are mandatory in certain situations, such as design review. Article 2 includes the approval criteria for the land reviews and cross-references the applicable procedures from Article 1.
Article 3 contains the standards for the different zoning districts. The districts are grouped into the following categories:
∙
Residential Zones
∙
Institutional Zone
∙
Commercial and Mixed
Zones
∙
Town Center Zones
∙
Industrial Zones
Article 3 states which uses are permitted in each district, which uses are allowed in limited situations, which are , and which are prohibited. The general standards for each district are also included in Article 3. The standards include requirements such as maximum and .
Article 4 contains the standards for overlay districts. Overlay districts consist of regulations that address specific subjects that may be applicable in a variety of areas in the . The Code includes two overlay districts:
∙
Master Plan
∙
Planned
∙
Mixed
Planned
Overlay districts apply in conjunction with the base
and can modify the regulations and standards of the base district. The Official Zoning Map identifies the location of the zoning districts and overlay districts.
Article 5 establishes the process to protect environmentally sensitive areas. Special provisions and standards for historic landmarks, manufactured home parks and protection are also included in this article:
∙
∙
Historic Landmarks
∙
Protection
∙
∙
Solar Access
∙
Parks
Review procedures, approval criteria and
and design standards for special provisions are cross-referenced or included in this article.
Article 6 deals with land divisions. This article describes submittal requirements, approval criteria and design standards for , and . Article 1 procedures for review of land divisions are cross-referenced. Article 8 standards for public improvements are also cross- referenced.
Article 7 contains the regulations for specific uses (such as and ) that may be developed in several zoning districts. The regulations in Article 7 generally supplement the regulations of the Article 3, Zoning Districts.
Article 8 describes the general standards that are applicable to all new or intensification of existing (including land divisions and on existing ). This article includes standards for parking, landscaping, public improvements, and other topics. The general standards are grouped in Article 8 to provide consolidated information and less repetition in code language.
Articles 9 – 11 are held for future topics.
Article 12 describes the framework for the classification of individual uses into broad land categories. This article also includes definitions of words that are not in common or that have a specific meaning in the Code.
(Ord. 2009-01, passed 3-9-2009)
This article establishes the framework for the review of land
permits. It explains the procedures that the
follows for different types of reviews and how hearings and
are conducted. The following list summarizes topics covered in this article:
∙
General Administration
∙
Process and Procedures
∙
Review Processes and Procedures
∙
Type I Process – Administrative Decisions
∙
Type II Process – Limited Land
Decisions
∙
Type III Process – Quasi-Judicial Land
Decisions
∙
Type IV Process – Legislative Land
Decisions
∙
Enforcement
These headings can assist the user in locating information. The table of contents contains a complete list of the material included in this article.
(Ord. 2009-01, passed 3-9-2009)
GENERAL ADMINISTRATION
The general purpose of this Code is to set forth and coordinate
regulations governing the
and
of land. The Code is more specifically intended to do the following:
A. Serve as the principle tool for implementing the
’s
in a manner that protects the health, safety and welfare of the citizens of Forest Grove;
B. Satisfy relevant requirements of federal, state and regional law, goals and rules;
C. Facilitate prompt review of
proposals and the
of clear and specific standards;
D. Provide for public information, review and comment on
proposals that may have a significant impact on the community;
E. Guide public and private planning policies and actions to ensure provision of adequate water, sewerage, transportation, drainage, parks,
and other public facilities for each
;
F. Provide for the review of the transportation impacts of land
, with particular emphasis on not exceeding the planned capacities of the transportation system;
G. Require that
and
designs provide reasonable protection from fire,
, landslide, erosion or other natural hazards; and
H. Require that
provides for reasonable preservation, enhancement or
of sensitive resources.
(Ord. 2009-01, passed 3-9-2009)
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