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   Ord. 2019-04, effective May 28, 2019, enacted this Title XVII and repealed Ord. 2009-01, which enacted the Development Code of 2009.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 References to Ord. 2009-01 throughout this title have not been replaced by references to Ord 2019-04.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
ARTICLE 1: INTRODUCTION AND PROCEDURES
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
§ 17.1.000 HOW TO USE THIS CODE.
   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)
§ 17.1.005 OVERVIEW OF ARTICLE 1.
   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
§ 17.1.100 OFFICIAL NAME.
   The official name of this Code is: “Forest Grove Development Code, Title 17 of the Municipal Code.” It may be referred to as the “Development Code” or “this Code.”
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.105 PURPOSE.
   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)
§ 17.1.110 SCOPE AND COMPLIANCE.
   A.   A parcel of land or a may be developed or used only as this Code permits.
   B.   The requirements of this Code apply to the property owner(s), the (s) undertaking a , the user(s) of a , and to their successors in interest.
(Ord. 2009-01, passed 3-9-2009)
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