Chapter 17.04
INTRODUCTORY PROVISIONS
Sections:
17.04.040 Compliance and scope.
17.04.050 Consistency with the plan and laws.
17.04.060 Use of a development.
17.04.070 Preexisting approvals.
17.04.080 Certificate of occupancy/compliance.
17.04.010 Title.
The ordinance codified in this title and SHMC Title 18, Ordinance No. 2875, shall be known as the Community Development Code and may be so cited and pleaded, and shall be referred to herein as this code. (Ord. 2875 § 1.010.010, 2003)
17.04.020 Purposes.
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 the city of St. Helens and to implement the St. Helens comprehensive plan. To these ends, it is the purpose of this code:
(1) To encourage the most appropriate use of land throughout the city and to arrange the uses which are made of land so that they:
(a) Are orderly, convenient, and suitably related to each other;
(b) Are suitably related to the characteristics of the natural environment;
(c) Fulfill the needs of the people served; and
(d) Maximize the conservation of energy.
(2) To guide and manage growth and minimize its possible adverse impacts.
(3) To allot sufficient lands for urban development to meet future needs.
(4) To promote a coordinated development of unbuilt areas.
(5) To create and maintain residential living areas which are safe, convenient, and attractive and which make a positive contribution to the quality of life and personal satisfaction of residents.
(6) To establish commercial areas which provide maximum service to the public and are properly integrated into the physical pattern of the communities.
(7) To establish industrial areas which are suitable for their purpose, properly located, and adequate for future needs.
(8) To locate public and semipublic developments so that they encourage a pattern of land development that benefits the whole community.
(9) To develop buffer areas between incompatible uses of land and require appropriate screening around unsightly structures or activities.
(10) To protect open spaces for future generations.
(11) To protect life and property from natural disasters and hazards.
(12) To promote the adequate provision of public services and facilities.
(13) To promote and encourage a safe and convenient transportation system.
(14) To stimulate and diversify the economy.
(15) To promote housing that meets the basic needs of local residents.
(16) To preserve our natural and manmade resources.
(17) To promote a quality of life that reflects the wants of the citizenry.
(18) To conserve energy and use renewable energy resources. (Ord. 2875 § 1.010.020, 2003)
17.04.030 Severability.
The provisions of this code are severable. If any section, sentence, clause, or phrase of this code is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this code. (Ord. 2875 § 1.010.030, 2003)
17.04.040 Compliance and scope.
(1) Except as otherwise specifically provided by this 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 the ordinance codified in this code, except in conformity with conditions prescribed for each of the several zones and general regulations established hereunder (also see SHMC 17.12.010).
(2) 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 code contrary to the provisions of this code. Where this code imposes greater restrictions than those imposed or required by other rules or regulations or code provisions, the provisions of this code shall control.
(3) No lot area, yard, other open space or off-street parking or loading area existing on or after the effective date of the ordinance codified in 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 the minimum requirements of this code.
(4) 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 Chapter 17.80 SHMC. (Ord. 2875 § 1.010.040, 2003)
17.04.050 Consistency with the plan and laws.
Each development and use application and other procedures initiated under this code shall be consistent with the adopted comprehensive plan that the city of St. Helens has implemented by this code and with applicable state and federal laws and regulations. All provisions of this code shall be construed in conformity with the adopted comprehensive plan. (Ord. 2875 § 1.010.050, 2003)
17.04.060 Use of a development.
A development shall be used only for a lawful use. A lawful use of a development is one that is not prohibited by law and for which the development is designed, arranged, and intended, or which is a continuing nonconforming use. (Ord. 2875 § 1.010.060, 2003)
17.04.070 Preexisting approvals.
(1) Planned developments, including the approved density, subdivisions, projects requiring site design review approval, or other development applications for which approvals were granted prior to the effective date of the ordinance codified in this code, may occur pursuant to such approvals.
(2) All development proposals received by the director after the adoption of the ordinance codified in this code shall be subject to review for conformance with the standards under this code or as otherwise provided by state law. (Ord. 2875 § 1.010.070, 2003)
17.04.080 Certificate of occupancy/compliance.
(1) In order to ensure completion of the work in the manner and at the time approved, the structure or use shall not be used or occupied for the purposes set forth in the building permit application until the city has issued a certificate of occupancy/compliance following completion of the work and substantial conformance to the permit.
(2) Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a certain date. (Ord. 2875 § 1.010.080, 2003)
17.04.090 Official action.
(1) 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.
(2) Any permit or approval issued or granted in conflict with the provisions of this code shall be void. (Ord. 2875 § 1.010.090, 2003)