DIVISION 1. INTRODUCTORY PROVISIONS
Chapter 01
GENERAL
Sections:
01.010 TITLE
01.020 PURPOSE
01.030 COMPLIANCE
01.050 CERTIFICATE OF OCCUPANCY
01.060 INTERPRETATION
01.070 SEVERABILITY
01.080 OFFICIAL ACTION
01.090 SITE ACCESS
01.010 TITLE
This code shall be known as the Community Development Code of the City of West Linn, and shall be referred to herein as “this code.”
01.020 PURPOSE
As a means of promoting the general health, safety and welfare of the public, this code is designed to set forth the standards and procedures governing the development and use of land in West Linn and to implement the West Linn Comprehensive Plan. To these ends, it is the purpose of this code to maintain and improve the existing character and quality of West Linn through:
A. Identifying and protecting resource lands from urban development encroachment.
B. Providing for the natural and cultural resources of the community.
C. Providing adequate land to meet anticipated future demands for development in a logical and orderly manner.
D. Encouraging flexibility and innovation in development techniques to permit diversity within the community.
E. Providing for a range of housing types and costs in order to offer a wide variety of choices to present and future West Linn residents.
F. Contributing to a healthy and diverse economy in West Linn.
G. Providing for an orderly and timely provision of public facilities and services for future urban development.
H. Providing for citizen participation in all phases of the planning process. (Ord. 1408, 1998)
01.030 COMPLIANCE
A. Except as otherwise specifically provided by this zoning code, 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, nor shall any condition of or upon real property be caused or maintained after the effective date of this code, except in conformity with conditions prescribed for each of the several zones and general regulations established hereunder.
B. It shall be unlawful for any person to erect, construct, establish, occupy, alter, enlarge, or use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this zoning code contrary to the provisions of this code. Where this zoning code imposes greater restrictions than those imposed or required by other rules or regulations or code provisions, the provisions of this zoning code shall control.
C. No lot area, yards, other open space or off-street parking or loading area existing on or after the effective date of this code shall be reduced below the minimum required for it by this code. No fee conveyance of any portion of a lot, for other than a public use, shall leave a structure on the remainder of the lot with less than minimum ordinance requirements.
D. No lot area, yard, or other open space or off-street parking or loading area which is required by this code for one use shall be a required lot area, yard, or other open space or off-street parking or loading area for another use, except as provided in CDC 05.030(A).
01.050 CERTIFICATE OF OCCUPANCY
In order to assure completion of the work in the manner and at the time approved, the premises shall not be used or occupied for the purposes set forth in the permit until the City has issued a certificate of occupancy following completion of the work in substantial conformance to the permit. The Building Official shall not approve the final inspection of the building until all required conditions of approval established by the decision-making authority, including the Planning Director and City Engineer, are met. Prior to the final completion of all work, a final inspection approval and a certificate of occupancy may be issued for the premises on condition that all further work shall be completed by a date certain and guaranteed by case deposit of 200 percent of accepted estimated cost of project or improvements. The Building Official shall also require that the following statement be printed on all permits issued that have conditions of approval imposed upon them:
The issuance of this permit should not be construed to be a permit for, or approval of, any violation of the provisions of any relevant state building, mechanical, or other specialty code, or any City Code or conditions imposed on the permit holder for the development/use of the property involved herein.
The issuance of this permit shall not prevent the Building Official from requiring correction of errors by the permit holder or others acting under this permit or preventing the denial of a Certificate of Occupancy for failure to comply with all pertinent code provisions or conditions of approval.
(Ord. 1408, 1998)
01.060 INTERPRETATION
A. The Planning Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this code. A request for an interpretation shall be made in writing to the Planning Director. The Director’s interpretation may be appealed to the Commission as provided by CDC 99.060(B).
B. The Director may develop guidelines to aid in the implementation and interpretation of the provisions of this code.
01.070 SEVERABILITY
Should any section, sentence, clause, or phrase of this code be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this code as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
01.080 OFFICIAL ACTION
All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this code, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this code. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void.
01.090 SITE ACCESS
The submittal of a City of West Linn development application represents permission for the decision-making authority and staff to have reasonable access to the site. (Ord. 1408, 1998)