Central Point City Zoning Code

Implement the city of Central Point comprehensive plan;

Manage growth and physical development of the city consistent with its ability to provide adequate and cost-effective public facilities and services;

Provide a clear land use and development regulatory framework to facilitate the private and public sectors to respond to market demands and the community's needs for housing, employment and other uses;

Establish clear and objective standards, where possible, to promote livability through human-scale design that promotes safety, comfort and character in alignment with the community's preferred vision for its future as articulated in the Central Point strategic plan and Central Point comprehensive plan;

Promote development of an interconnected transportation system that supports multiple modes of transportation, including but not limited to automobiles, transit, bicycles and pedestrians to accomplish the following objectives:

Implement regulations that safeguard residents from identifiable hazards associated with dissimilar land uses, natural hazards and nuisances that may result from development to the maximum extent possible; and

Comply with applicable Oregon Revised Statutes as pertains to the development and use of land.

Applicability. The requirements of this title apply to the person(s) undertaking the development (i.e., applicant, owner(s) of record, and any successors of interest).

Compliance. No structure or lot shall hereinafter be used, developed, occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or otherwise altered except as permitted by this code. Furthermore, annexations and amendments to the zoning map and text, comprehensive plan map and text shall conform to the applicable provisions of this code.

Transfer of Development Standards. Except as otherwise specifically authorized in this title, no lot area, yard, landscaping or open space that is used to satisfy a requirement for one use shall be used to satisfy the requirements for another use.

Minimum Requirements. The provisions of this title, in their interpretation and application, are minimum requirements that have been adopted for the protection of the public health, safety and general welfare.

Conflicts. Unless otherwise specified, when there is a conflict between provisions in this code or with other applicable regulations, the highest standard shall govern. The planning director shall decide which code provision sets the highest standard. Where the applicability of a code provision is unclear, the planning director or planning commission may issue a formal interpretation pursuant to Chapter 17.11.

Tenses. Words used in the present tense include the future, the singular form includes the plural, and the plural includes the singular.

Interpreting Illustrations. This code contains illustrations and photographs, code "graphics," which are intended to serve as examples of development design that either meet or do not meet particular code standards. Strict adherence to the graphic is not required except where a graphic contains a specific numerical standard or uses the word "shall," "must," "required," or "prohibited."

Requirements Versus Guidelines. The use of the word "shall," "must," "required," or similar directive terms means the code provision is a requirement. The word "should," "encouraged," "recommended," or similar terms means the provision is a guideline which may be imposed as a requirement, but only where the applicable code criteria allow the planning commission to exercise such direction.

Severability. The provisions of this development code are severable. If any section, sentence, clause or phrase is judged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of the code.

City of Central Point Comprehensive Plan. This code implements the city of Central Point comprehensive plan. Except as otherwise required by applicable state or federal law, all provisions of this code shall be construed in conformity with the comprehensive plan including any comprehensive plan elements or public facility master plans adopted pursuant to the comprehensive plan.

Compliance with Other Laws Required. In addition to the requirements set forth in this code, all uses and development shall comply with all other applicable rules and regulations including but not limited to city, state and federal.

References to Other Regulations. All references to other city, state and federal rules and regulations are for informational purposes only and do not constitute a complete list of such requirements. The references do not imply any responsibility by the city of Central Point for enforcement of state or federal regulations. Where a proposal, permit or approval is subject to both city of Central Point and state or federal requirements, the property owner is responsible for contacting the applicable agencies and complying with their rules and regulations.

Land Use Consistent with Development Code. Land and structures in the city of Central Point may only be used or developed in accordance with this code, including all amendments thereto. A lawful use of land ("use") is one that is permitted in accordance with this code or is allowed as a legal nonconforming use pursuant to Chapter 17.56, provided state or federal law does not prohibit the use.

Development Code and Zoning Map. The city's official zoning map ("zoning map"), which may be published, amended and filed separately from this code, is part of this code. The zoning districts depicted on the zoning map correspond to the zoning districts in this code in Section 17.12.030. In addition, this code may contain zoning regulations for special areas (e.g., overlay zones), and for certain uses or structures that do not appear on the zoning map.

Interpreting the Zoning Map. Except as otherwise specified by this code, the city's zoning boundaries are designated on the official zoning map, which is kept on file in the planning department at the Central Point City Hall. The city may adopt and publish supplemental zoning maps where it is impractical to illustrate all regulated features on one map. Example of regulated features include, but are not limited to, historical landmarks, floodplain boundaries, local wetland inventories, etc. In addition, the city may require field verification and mapping (e.g., survey) of a regulated feature as part of a development application where the feature is thought to exist on or adjacent to the subject property but its exact location is unknown.

Boundary Lines. Zoning district boundaries are determined pursuant to Section 17.12.030.

Changes to the Official Zoning Map. Proposed changes to the zoning map are subject to review and approval under Chapter 17.10.

Violation a Public Nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title is unlawful and declared a public nuisance and may be abated as provided in Chapter 8.04, and/or in such other manner as provided by law, and the city may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will enjoin and remove such violation. The remedies provided for herein shall be cumulative and not exclusive.

Penalties. Violation of a provision of Title 16 or 17 constitutes a violation and upon conviction thereof shall be punishable by the general penalty set forth in Chapter 1.16. Every day in which a violation is caused or permitted to exist constitutes a separate offense.