Chapter 7.10

INTRODUCTION 

7.10.010 Title.  This ordinance shall be known as the "Columbia City Development Code" and shall be referred to herein as "this Ordinance".      

7.10.020 Purpose.  It is the general purpose of this Ordinance to provide the principal means for the implementation of the Columbia City Comprehensive Plan. The provisions of this Ordinance shall be deemed the minimum requirements for the preservation of the public safety, health, convenience, comfort, prosperity, and general welfare of the people of the City of Columbia City, Oregon.  This Ordinance is designed to:  

A. Regulate the division of land and to classify, designate and regulate the location of building, structures and land; 

B. Divide the City into zones to carry out these regulations and provide for their enforcement; 

C. Promote public health, safety, convenience and general welfare; 

D. Promote coordinated development with consideration for the City’s natural environment, amenities, views, and the appearance of its buildings and open spaces; 

E. Achieve a balanced and efficient land use pattern to protect and enhance real property values; 

F. Promote safe, efficient traffic movement;  

G. Avoid uses and development that might be detrimental to the stability and livability of the City; and 

H. Insure adequate provisions for community utilities and facilities. 

7.10.030 History.   

A.  The Zoning Ordinance of Columbia City was completely reviewed and revised (Ordinance No. 474) during a periodic review of Columbia City's Comprehensive Plan, which was completed in 1992 and amended by Ordinance No. 485 in July of 1994, Ordinance No. 496 in March of 1996, and No. 503 in December of 1996. Previously, the Zoning Ordinance of the City of Columbia City was adopted as Ordinance No. 371 (July 3, 1980) with amendments adopted by Ordinance No. 392 (February 3, 1983), No. 404 (January 19, 1984), No. 416 (November 15, 1984), No. 445 (November 17, 1988), and No. 452 (September 7, 1989). Ordinance No. 371 replaced Ordinance No. 338, which had established a prior Zoning Ordinance in May 1978. 

B.  The Subdivision Ordinance of Columbia City was adopted as Ordinance 475 following a public hearing on September 15, 1992, and subsequently amended by Ordinance 484 following a public hearing on March 17, 1994.  Following a public hearing on May 20, 1997, Ordinance 475, Sections 3, 5, 12, 16, 32, 33 and 39, were further amended.  Following public hearings in June 1997, the City repealed Ordinance 475 and 384 and adopted Ordinance 509 regulating subdivisions. 

C. The Sign Ordinance of Columbia City was adopted as Ordinance 409 on May 17, 1984, and repealed Ordinance 396. 

D.  The Fence Ordinance of Columbia City was adopted as Ordinance 9-550-0 on November 4, 1999, and repealed Ordinances 431A and 439. 

E.  This consolidated Development Code replaces the Zoning Ordinance, the Subdivision Ordinance, the Sign Ordinance and the Fence Ordinance following public hearings on May 15, 2003 and June 6, 2003.  

7.10.040 Scope.  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 after the effective date of this Ordinance, except in conformity with conditions and regulations established herein.   No person shall divide land without first complying with the provisions of this Ordinance and the laws of the State of Oregon.  It shall be unlawful for any person to erect, establish, construct, move into, alter, enlarge, use, or cause to be used, any building, structure, improvement or use of premises located in any zone in a manner contrary to the provisions of this Ordinance.  No permit for the construction or alteration of any building shall be valid unless the plans, specifications, and intended use of such building conform in all respects with the provisions of this Ordinance. 

7.10.050 Severability.  The provisions of this Ordinance are severable if any chapter, section, sentence, clause or phrase of this Ordinance is adjudged by a court of competent jurisdiction to be invalid. The decision by a court of competent jurisdiction that any chapter, section, sentence, clause or phrase of this Ordinance is invalid shall not affect the validity of this Ordinance, as a whole or any part thereof, other than the part declared invalid.  

7.10.060 Pre-existing Approvals.  All development applications approved more than one year prior to the adoption of this Ordinance shall be considered void, unless the Planning Commission determines that the conditions of approval are substantially completed. All development applications approved less than one year prior to the adoption of this Ordinance may occur according to such approvals.  All development applications received by the City after the adoption of this Ordinance shall be subject to review for conformance with the standards under this Ordinance or as otherwise provided by state law.  

7.10.070 Interpretation.  

A.  An interpretation is a decision that is made under land use standards that require an exercise of policy or legal judgement.  By definition, an interpretation does not include approving or denying a building permit issued under clear and objective land use standards or a limited land use decision. 

B.  Each development and use application and other procedure initiated under this Ordinance shall be consistent with the adopted comprehensive plan of the City as implemented by this Ordinance and applicable state and federal laws and regulations.  All provisions of this Ordinance shall be construed in conformity with the adopted Comprehensive Plan. 

C. Where a use is specifically identified, that use shall not be interpreted as permitted in another zone where it is not specifically identified, and such a specifically identified use shall not be interpreted as permitted in another zone under a broader, less specific listed use.  

D. Where the conditions imposed by any provision of this Ordinance are less restrictive than comparable conditions imposed by any other provision of this Ordinance or of any other ordinance, or resolution, the most restrictive or that imposing the higher standard shall govern. 

E. The Planning Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this Ordinance.  All requests for interpretations shall be in writing and on forms provided by the City.  

If the person making the request disagrees with the interpretation, they may appeal it to the Planning Commission.  The Planning Commission will hear the appeal as a consideration item at the next regularly scheduled meeting following any required notice period.  If the person making the request disagrees with the Planning Commission ruling on the Planning Director’s interpretation, they may appeal it to the City Council.  The City Council will hear the appeal at the next regularly scheduled meeting following any required notice period.  The decision of the City Council shall be conclusive upon the parties. 

F. When an interpretation is discretionary, notice shall be provided and the interpretation processed in accordance with the quasi-judicial process if specific property is involved, or the legislative process if no specific property is involved. 

G. The Planning Director may develop administrative guidelines to aid in the implementation and interpretation of the provisions of this Ordinance. 

H.  The City shall keep a written record of all interpretations and shall make the record available for review on written request. 

I.  The City Council may exempt special events from the provisions of this Ordinance.  A special event is an activity lasting a total of seven (7) contiguous calendar days or less in a one-year period and approved by the City Council. 

7.10.080 Right-of-Way Dedications and Improvements.  Upon approval of any development permit, or any land use approval of any property which abuts or is served by an existing substandard street or roadway, the applicant shall make the necessary right-of-way dedications for the entire frontage of the property to provide for minimum right-of-way widths according to the adopted Columbia City Transportation System Plan and shall improve the abutting portion of the street or roadway providing access to the property in accordance with the standards in Chapter 7.92. 

7.10.090 Fees.  To defray expenses incurred in connection with the processing of applications, report preparation, notice publications, and similar matters, the City shall charge fees as established by resolution of the Council.    The filing of an application shall not be considered complete, nor shall action be taken to process it until the required fee has been paid.   

7.10.100  Exceptions for Existing Lots.  All lots hereafter created within the Columbia City shall have a minimum width, depth and lot area required by the zone.  It is not the intent of this Ordinance to deprive owners of substandard lots the use of their property.  Lots of record lawfully created and recorded with Columbia County prior to May 17, 1978, may be built on according to the following: 

A. The lot has municipal sewer and water service. 

B. All development standards for the zone except minimum width, depth and lot area are satisfied, or a variance is approved pursuant to Chapter 7.140.  

C. In residential zones, use shall be limited to a single family detached dwelling unit.” 

[As amended by Ordinance No. 06-619-O 7/2/06] 

7.10.110 Exceptions to Setback Requirements.  

A. Every building constructed hereafter shall satisfy the required setbacks or obtain a variance pursuant to Chapter 7.140 with the following exceptions: 

1.  When a new structure is constructed on a lot located between two lots containing existing buildings which encroach in the front setback required by this Ordinance, the applicant may use an average of the depths of the two existing front yards to establish the required front setback for the new structure. 

When a new structure is constructed on a lot that shares a common side property line with a lot containing an existing building which encroaches in the front setback required by this Ordinance, the applicant may use an average of the depth of the existing front yard of the lot sharing the common side property line and the front setback required by this Ordinance to establish the required front setback for the new structure.  This provision shall not apply if either lot is a flag lot.   

2. Where the existing setback for an existing structure on an existing lot is reduced by a public dedication, the area of the public dedication shall be included in calculating the required setback.

B. Every part of the required setback shall remain unobstructed with the following exceptions: 

1. Ordinary building projections, such as eaves, cornices, awnings, chimneys, flues

and heating/cooling units, may project into any required setback by not more than 36 inches, but shall remain not less than 36 inches from any property line.”  [As amended by Ordinance No. 06-619-O 7/2/06] 

2. A deck and related steps, limited to a platform not exceeding 30 inches from the ground at the highest point, shall be allowed to project up to ten (10 feet) into the required front setback when the following conditions are satisfied: 

a. The total height of the deck including railings does not exceed 30 inches when measured from the ground immediately adjacent to the front edge of the deck;

b.  No roof or solid walls are located within the portion of the deck projecting into the required setback. 

c. The deck is not closer than ten (10) feet from the front property line or any property line adjacent to a public right-of-way. 

3. A deck and related steps shall be allowed to project up to four (4) feet into the required rear or side setback when the following conditions are satisfied: 

a.  The total height of the deck including railings does not exceed six feet when measured from the ground immediately adjacent to the front edge of the deck; 

b. No roof or solid walls are located within the portion of the deck projecting into the required setback. 

c.  The deck is not closer than four (4) feet from any property line. 

C. Where two existing lots under a single ownership share a common property line and only one principal building will be constructed on the two lots, any building shall be constructed in accordance with the setback requirements except where the property owner aggregates the lots for tax purposes and records a document with the Columbia County Clerk declaring the lots to be a single lot of record for development purposes.

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