Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.030 Compliance with code provisions.
18.04.050 Abrogation and greater restrictions.
18.04.080 Extension of approvals.
18.04.100 Violation declared a nuisance.
18.04.130 Repeal of ordinances as affecting existing liabilities.
18.04.010 Title.
This title shall be known as the Crook County zoning ordinance of 1978. (Ord. 18 § 1.010, 2003)
18.04.020 Purpose.
The intent and purpose of this title is to promote the public health, safety and general welfare and to carry out the comprehensive plan of the county, the provisions of Chapter 215 ORS, and the Statewide Planning Goals adopted pursuant to Chapter 197 ORS. Thereof, approvals granted pursuant to the provisions of this title shall be based on the following considerations, among others: the characteristics of the various areas in the county, the suitability of an area for particular land uses, trends in land improvement, density of development, property values, the needs of economic enterprises in the future development of an area, needed access to particular sites in the county, natural resources and the need for development or conservation thereof, and the public need for healthful, safe and aesthetic surroundings and conditions. Approvals constituting a conversion of land use, such as the conversion of agricultural land to nonfarm use, shall be based upon consideration of the following factors: environmental, energy, social and economic consequences; demonstrated need; unavailability of alternative suitable locations for a particular use; compatibility of a proposed use with related land uses; the retention of Class I through VI soils in farm use; needs for housing, employment opportunities and livability; orderly and economic provision of public facilities and services; and maximum efficiency of land use within and on the fringe of the existing urban area of the county. (Ord. 18 § 1.020, 2003)
18.04.030 Compliance with code provisions.
(1) A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied, or used only as this title permits.
(2) No lot area, yard or other open space existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum required for it by this title.
(3) No lot area, yard or other open space which is required by this title for one use shall be used as the required lot area, yard or open space for another use. (Ord. 18 § 1.040, 2003)
18.04.040 Land use permit.
Prior to the construction, reconstruction, alteration, or change of use of any structure or lot for which a land use permit is required, a land use permit for such construction, reconstruction, alteration, or change of use shall be obtained from the planning director or authorized agent thereof. (Ord. 216 §§ 2, 3, 2009; Ord. 18 § 1.050, 2003)
18.04.050 Abrogation and greater restrictions.
It is not intended by this title to repeal, abrogate or impair any existing easements, covenants or deed restriction. (Ord. 18 § 1.060, 2003)
18.04.060 Interpretation.
Where the conditions imposed by a provision of this title are less restrictive than comparable conditions imposed by any other provisions which are more restrictive, the more restrictive shall govern. (Ord. 18 § 10.010, 2003)
18.04.070 Severability.
The provisions of this title are severable. If any section, sentence, clause or phrase is found to be invalid, the decision shall not affect the validity of the remaining portions of this title. (Ord. 18 § 10.020, 2003)
18.04.080 Extension of approvals.
(1) All conditional use permits that expired between January 1, 2007, and the effective date of the ordinance codified in this section shall hereby be extended for an additional two years from the effective date of the ordinance codified in this section, unless such an extension would violate any time limitation on the permit imposed by Oregon state law, in which case the conditional use permit is hereby extended for the maximum time allowed under state law.
(2) Conditional use permits that have received extensions under subsection (1) of this section may receive further extensions as provided for in amended CCC 18.160.070.
(3) All conditional use permits that were issued prior to the effective date of the ordinance codified in this section, and which have not expired and will not expire until after such effective date are subject to the expiration provisions of amended CCC 18.160.070. (Ord. 216 § 2, 2009; Ord. 18 § 10.025, 2003)
18.04.090 Remedies.
In case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired, altered or used, or any land is or is proposed to be used in violation of this title, the county court or a person whose interest in real property in the county is or may be affected by the violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or remove the unlawful location, construction, maintenance, repair, alteration or use. When a temporary restraining order is granted in a suit instituted by a person who is not exempt from furnishing bonds or undertakings under state law, the person shall furnish undertaking as provided in ORS 32.010 to 32.060. (Ord. 18 § 10.030, 2003)
18.04.100 Violation declared a nuisance.
The location, erection, construction, maintenance, repair, alteration or use of a building or structure or the subdivision, other partitioning, or other use of land in violation of this title is declared a nuisance. (Ord. 18 § 10.040, 2003)
18.04.110 Criminal penalties.
(1) The location, erection, construction, maintenance, repair, alteration or use of a building or structure or the subdivision, other partitioning or other use of land in violation of this title is punishable upon conviction by a fine of not more than $500.00 for a noncontinuing offense and a fine of not more than $1,000 for a continuing offense.
(2) Each and every day in which a location, erection, maintenance, repair, alteration or use of a building or structure or the subdivision, other partitioning or other use of land in violation of this title continues is a separate offense. (Ord. 18 § 10.050, 2003)
18.04.120 Repeal.
All previous Crook County zoning ordinances, whether permanent, interim or special purpose, and all amendments thereto are hereby repealed. (Ord. 18 § 10.060, 2003)
18.04.130 Repeal of ordinances as affecting existing liabilities.
The repeal of any ordinance by this title shall not have the effect to release or extinguish any penalty, forfeiture or liability incurred under such ordinance, unless a provision of this title shall so expressly provide and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or persecution for the enforcement of such penalty, forfeiture or liability, and for the purpose of a person or persons who violated the repealed ordinance or a part thereof prior to the effective date of the ordinance codified in this title. (Ord. 18 § 10.070, 2003)