Chapter 16.35
GENERAL ADMINISTRATIVE PROVISIONS
Sections:
16.35.010 Title.
16.35.020 Authority.
16.35.030 Intent and purpose.
16.35.040 Administration.
16.35.050 Application.
16.35.060 Conformance requirement.
16.35.070 False or misleading information – Permit revocation.
16.35.080 Minimum requirements.
16.35.090 Effect on other ordinances, agreements between parties.
16.35.100 Application to public lands.
16.35.200 Interpretations.
16.35.210 Rules for interpretation of zone and plan map boundaries.
16.35.220 Interpretation of uses.
16.35.250 Violations of regulations unlawful – Proof of violation prima facie evidence of owner’s responsibility.
16.35.270 Enforcement and penalties for violations.
16.35.300 Amendment of zoning ordinance.
16.35.400 Adoption of zoning map.
16.35.010 Title.
This title and any amendments thereto shall be known and may be cited as the Marion County urban zoning ordinance. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.01.]
16.35.020 Authority.
This title is enacted pursuant to the authority granted to Marion County in ORS Chapters 197, 203 and 215. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.02.]
16.35.030 Intent and purpose.
It is the intent and purpose of this title:
A. To provide land use regulations that implement and conform to the comprehensive plans of cities, adopted by the county, as they apply to unincorporated areas within the cities’ urban growth boundaries; and
B. To promote and protect the public health, safety, and general welfare. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.03.]
16.35.040 Administration.
This title shall be administered by Marion County and its designated zoning administrator.
The zoning administrator or designee shall handle all matters pertaining to Comprehensive Plan amendments, adjustments, administrative reviews, property line adjustments, partitions, subdivisions, zone changes, and conditional uses, and other administrative matters as prescribed by this title; and such other matters as directed by the planning commission, hearings officer, or board.
Any provision in any plat requiring that the board or the planning commission approve any future land uses or divisions shall be satisfied if the proposed land use or division is reviewed and approved by the hearings officer, zoning administrator or designee in accordance with the other provisions of this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.04.]
16.35.050 Application.
The regulations set forth in this title are intended and shall be construed as minimum regulations, and shall apply uniformly to each class or kind of use, structure or land unless varied or otherwise conditioned as provided in this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.05.]
16.35.060 Conformance requirement.
The zoning administrator or designee shall, prior to issuing any permit pertaining to the use of land or structures, or the erection or alteration of any structure, ascertain that the proposed use or construction shall in all ways conform to the requirements set forth in this title.
No permit for the use of land or structures or for the alteration or construction of any structure shall be issued and no land use approval shall be granted if the land for which the permit or approval is sought is being used in violation of any condition of approval of any land use action, is in violation of local, state or federal law, except federal laws related to marijuana, or is being used or has been divided in violation of the provisions of this title unless issuance of the permit or land use approval would correct the violation.
All land uses shall be conducted in full compliance with any other county ordinance, code and requirement of state and federal laws. Failure to conform to other applicable laws may be grounds for revocation of any permits and enforcement action including, but not limited to, a citation in accordance with Chapter 1.25 MCC. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1336 § 4 (Exh. A), 2014; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.06.]
16.35.070 False or misleading information – Permit revocation.
The zoning administrator or the hearings officer may deny any land use application if it is determined that the application includes any false or misleading information. Before a decision granting an application becomes final, any land use permit granted pursuant to the Marion County urban zoning ordinance may be reconsidered by the zoning administrator or hearings officer and may be denied if it is determined that the application included any false or misleading information.
Any land use permit granted pursuant to Marion County urban zoning ordinance shall be subject to revocation by the zoning administrator if the zoning administrator determines that the application for the permit included any false or misleading information, if the conditions of approval have not been complied with or are not being maintained, or if the land use is not being conducted in full compliance with the requirements of local, state and federal laws.
The zoning administrator’s decision revoking a land use permit may be appealed to the hearings officer, who shall hold a public hearing in order for the permit holder to show cause why the permit should not be revoked. No hearing may be held without a minimum 15 days’ notice to the permit holder.
If the hearings officer finds that the conditions of permit approval have not been complied with or are not being maintained, or that the land use is not being conducted in compliance with applicable laws, the hearings officer may grant a reasonable time for compliance. If corrections are not made within that time, the permit shall be revoked effective immediately upon expiration of the time specified. The hearings officer’s decision may be appealed to the board as provided in MCC 16.44.300. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.07.]
16.35.080 Minimum requirements.
In interpreting and applying this title, the provisions herein shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare and shall apply uniformly to each class or kind of structure or land. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.08.]
16.35.090 Effect on other ordinances, agreements between parties.
It is not intended by this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, previously adopted, relating to the use of buildings or premises, or relating to the erection, construction, establishment, alteration, or enlargement of any buildings or improvements; nor is it intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that where this title imposes a greater restriction upon the erection, construction, establishment, alteration, or enlargement of buildings, structures, or improvements, or the use of any such structures or premises in said several zones or districts, or any of them, than is imposed or required by such existing provisions of this title shall control, except that the precedence of this title shall not apply to valid and unexpired permits previously granted under the terms and provisions of any ordinance. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.09.]
16.35.100 Application to public lands.
The requirements of this title apply to all publicly owned lands. The following special provisions apply to lands owned or leased by the state of Oregon or Marion County dedicated to park or airport use:
A. Park or airport maintenance including rehabilitation, replacements, minor improvements, repair, and similar maintenance activities are not subject to the zoning approval requirements of this title.
B. Major improvements and development of new facilities specifically identified in state of Oregon park or airport master plans or in county park or airport master plans are not subject to zoning approval unless a floodplain or greenway development permit is required, provided the major improvement or new facility is consistent with the facility location, type and size identified in the park or airport master plan. To qualify under this provision, the master plan must be approved as a conditional use, or have been approved by board order prior to the effective date of the ordinance codified in this title. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.10.]
16.35.200 Interpretations.
The zoning administrator is authorized to interpret the meaning and applicability of the provisions of this title on the basis of the text, maps and written interpretations by legal counsel. The board or zoning administrator may request interpretations by legal counsel. Interpretations shall be in writing and the zoning administrator shall maintain a file of interpretations issued by the zoning administrator and legal counsel. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.20.]
16.35.210 Rules for interpretation of zone and plan map boundaries.
Where uncertainty exists as to the boundaries of zones as shown on the official zoning map or plan designations shown on the Comprehensive Plan map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerline or the right-of-way boundary of streets, highways, or alleys shall be construed to follow such centerline or outside boundary.
B. Boundaries indicated as approximately following lot or property lines shall be construed as following such lot lines.
C. Boundaries indicated as within the right-of-way of a railroad shall be construed to be the centerline of the right-of-way.
D. Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the centerline of the main channel.
E. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined with reference to the scale of the map.
F. In all cases where a plan map designation or zoning action was made with reference to a specific property description, that description shall establish the boundary; and where two or more property descriptions would apparently establish conflicting boundaries, the most recent action shall control.
G. Where features existing on the ground are at variance with those shown on the official plan or zoning map, or in other circumstances not covered by subsections (A) through (E) of this section, the zoning administrator shall refer the matter to legal counsel for interpretation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.21.]
16.35.220 Interpretation of uses.
The following rules shall apply in interpreting use classifications and descriptions:
A. Within each zone, uses are classified as “permitted” or “conditional.” Further, uses are functionally classified by description of the particular activity (such as “single-family residence”), or by reference to a category in the “Standard Industrial Classification Manual, 1987 (SIC).” The SIC is an aid to interpretation. Where the term used to describe a permitted or conditional use is defined in Chapter 16.49 MCC, the definition takes precedence over any SIC classification.
B. When uses have a functional SIC classification, the applicable SIC index number assigned in the manual is referenced as an aid to interpretation.
C. Where a use is not described with reference to the SIC manual or defined in Chapter 16.49 MCC, the words describing such use are to be given their ordinarily accepted meaning. The descriptions and lists of included activities in the SIC classifications may be used to interpret which use classification is appropriate for a particular use not specifically identified in this title.
D. A use defined in Chapter 16.49 MCC is also included within an SIC category, and it is the intent that the use defined in Chapter 16.49 MCC be allowed in a zone where the SIC category including the defined use is referenced even though the use is not specifically referenced in the zone.
E. Use descriptions in the UT zone are intended to be consistent with use descriptions in ORS 215.283 unless the terms require a more limited interpretation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.22.]
16.35.250 Violations of regulations unlawful – Proof of violation prima facie evidence of owner’s responsibility.
It shall be unlawful for any person to violate any provision of this title, to permit or maintain any such violation, to refuse to obey any provision hereof, or to fail or refuse to comply with any such provision except as variation may be allowed under this title. Proof of an unlawful act or failure to act shall be deemed prima facie evidence that the act is that of the owner. Prosecution or lack thereof of either the owner or the occupant shall not be deemed to relieve the other. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.25.]
16.35.270 Enforcement and penalties for violations.
Violations of this title may be prosecuted and penalties assessed pursuant to Chapter 1.25 MCC, Enforcement. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 35.27.]
16.35.300 Amendment of zoning ordinance.
This title may be amended by ordinance subject to the requirements in Chapter 16.38 MCC. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.30.]
16.35.400 Adoption of zoning map.
The zoning classifications of unincorporated lands within urban growth boundaries are hereby changed as identified in Exhibit A, which is made a part of this title by this reference and represents the official zoning map as provided in MCC 16.01.040. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 35.40.]