A.

The official name of this code of land use regulations is "The City of La Pine Development Code." It may also be referred to as "Development Code." Copies of this Development Code shall be retained by the city clerk [recorder].

B.

The official map showing zones and boundaries shall be known as the "La Pine Zoning Map" and is part of this Development Code or "zoning map." The zoning districts depicted on the La Pine Zoning Map correspond to the zoning districts in this Development Code. In addition, this Development Code may contain zoning regulations for special areas (i.e., overlay zones), and for certain uses or structures that do not appear on the zoning map.

State Law reference— Comprehensive land use planning and development, ORS 197.030 et seq.

A.

This Development Code is enacted to promote the public health, safety, and welfare; and to encourage the orderly and efficient development and use of land within the City of La Pine, consistent with the City of La Pine Comprehensive Plan and the following principles:

1.

Good planning principles and techniques that encourage sustainability and reduced vehicle miles traveled, promote coordinated, orderly, and practical community development and promote the efficient provision of public services and infrastructure;

2.

Mixed-use, which places homes, jobs, stores, parks, and services within walking distance of one another;

3.

Full utilization of urban services (e.g., water, sewer, storm drainage, parks, and transportation facilities), which maximizes the return on public investments in infrastructure;

4.

Transportation efficiency, or development of an interconnected street system supporting multiple modes of transportation, which yields more direct routes (shorter distances) between local destinations, conserves energy, reduces emergency response times, and provides alternatives to the automobile for those who are unable or choose not to drive a car;

5.

Human-scale design, or development in which people feel safe and comfortable walking from place to place because buildings, streetscapes, parking areas, landscaping, lighting, and other components of the built environment are designed foremost with pedestrians in mind;

6.

Preserve the city's existing community character most exemplified by open spaces and woodlands, mixed-use opportunities, variable density development, uncongested local roads, clean air and water, and quiet noise levels;

7.

Provide opportunities for types of development beneficial to the economy, but ensure that such development maintains a scale and character compatible with the city's desired community character;

8.

Opportunities for larger-scale industrial and commercial development which would create jobs and [an] enlarged tax base for the city and would be located where adequate highway access, public sewer service, and public water service is available now or in the near future and where such development would be a reasonable extension of existing similar development;

9.

Variety of housing choices, including a variety of housing types, including, but not limited to, single-family, duplexes, apartments, live/work, recreational housing, etc.;

10.

Environmental health, which requires adequate light and air circulation, management of surface water runoff, and treatment and disposal of waste; and

11.

Efficient administration of Development Code requirements, consistent with the needs of the City of La Pine.

a.

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

b.

To protect and enhance the value of natural resources and historical elements.

c.

To encourage, manage and foster new development and growth in the city.

B.

Such regulations are also made with reasonable consideration to the character of the zones hereinafter set forth and their suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. These regulations apply to all City of La Pine property owners, tenants, and business operations and business owners.

A.

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

B.

Codification. This Development Code is a codification of all land use regulations adopted by the City of La Pine. Despite the adoption date of the Development Code, each land use regulation contained herein shall retain the effective date of the ordinance in which it was originally adopted. References in other city ordinances to "Zoning Ordinance" or "Procedures Code" and similar references shall refer to this Development Code. All ordinances adopted by the City of La Pine are maintained at city hall and should be consulted to determine the effective date of a particular land use regulation.

C.

Scope.

1.

The Development Code regulates and restricts land uses within the boundaries of the City of La Pine and [its] Urban Growth Boundary.

2.

The Development Code is enacted to provide uniform procedures for the grant or denial and processing of applications, approvals and determinations by the City of La Pine.

A.

Provisions of this Development Code declared to be minimum requirements. The provisions of this Development Code, in their interpretation and application, are minimum requirements, adopted for the protection of the public health, safety, and general welfare.

B.

Highest standard or requirement applies. Where there is a conflict between applicable provisions of this Development Code, or provisions of this Development Code and other applicable regulations, the highest standard or regulation shall govern. The city planning official shall determine which Development Code provision sets the highest standard. Where the applicability of a Development Code provision is unclear, the planning official, or the city council, if referred by the planning official, may issue a formal interpretation pursuant to chapter 15.328, declaratory ruling.

C.

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

D.

Requirements versus guidelines. The use of the word "shall," "must," "required," or similar directive terms, means the Development Code provision is a requirement or mandatory. The use of the word "should," "encouraged," "recommended," or similar terms, means the provision is a guideline or aspirational.

E.

Interpreting illustrations. This Development 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 Development Code standards. Except where a graphic contains a specific numerical standard or uses the word "shall," "must," "required," or "prohibited," strict adherence to the graphic is not required.

F.

Severability. If any article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, or word in the La Pine Development Code or the zone boundaries as shown on the zoning map, shall be for any reason, declared to be illegal, unconstitutional or invalid by any court or body of competent jurisdiction, such decision shall not affect or impair the validity of the Development Code as a whole or any article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase, word or remaining portion of the Development Code.

The City of La Pine hereby declares that it would have adopted the Development Code and each article, section, subsection, provision, regulation, limitation, restriction, sentence, clause, phrase and word thereof, and each zone boundary of the zoning map irrespective of the fact that any one or more of the sections, subsections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases, words or boundaries may be declared illegal, unconstitutional or invalid.

A.

City of La Pine Comprehensive Plan. The La Pine Development Code implements the City of La Pine Comprehensive Plan. Except as otherwise required by applicable state or federal law, all provisions of this Development 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.

B.

Compliance with other laws required. In addition to the requirements of this Development Code, all uses and development must comply with all other applicable city, State of Oregon, and federal rules and regulations.

C.

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 for enforcement of state or federal regulations. Where a proposal, permit, or approval is subject to both City of La Pine requirements and state or federal requirements, the property owner is responsible for contacting the applicable agencies and complying with their rules and regulations.

D.

Current versions and citations. All references to the regulations of other jurisdictions refer to the most current version and citation for those regulations, except where this Development Code, city council policy, or applicable law require otherwise. Where a referenced regulation has been amended or repealed, the city planning official, planning commission or, upon referral, the city council, shall interpret this Development Code and, based on adopted city policy, determine whether an equivalent standard applies. Such determinations, unless made through a legislative process, may be appealed to city council.

A.

Zoning of areas to be annexed. Concurrent with annexation of land to the City of La Pine, the city council shall assign applicable zoning designation(s) to the subject land, pursuant to chapter 15.338. The comprehensive plan shall guide the designation of zoning for annexed areas.

B.

Land use consistent with Development Code. Land and structures in the City of La Pine may be used or developed only in accordance with this Development Code, including all amendments thereto. A lawful use of land ("use") is one that is permitted in accordance with this Development Code, or is allowed as a legal non-conforming use, pursuant to chapter 15.08, provided state or federal law does not prohibit the use.

C.

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

D.

Interpreting the zoning map. Except as otherwise specified by this Development Code, the city's zoning boundaries are as designated on the zoning map, which is kept on file at city hall. The city may adopt and publish supplemental zoning maps where it is impractical to illustrate all regulated features on one map. Examples of regulated features include, but are not limited to, historical landmarks, special street setbacks, base flood (flood plain) elevation, local wetland inventories, and specific area plans. 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.

E.

Boundary lines. Zoning district boundaries are determined pursuant to section 15.16.030.

F.

Changes to official zoning map. Proposed changes to the La Pine Zoning Map are subject to review and approval under chapter 15.334 (amendments).

A building permit shall not be issued until the planning official has confirmed that all applicable requirements of this Development Code are met, or appropriate conditions of approval are in place to ensure compliance.

A.

Official action. The planning official, planning commission, and city council are vested with authority to issue permits and grant approvals in conformance with this Development Code. City officials shall issue no permit and grant no approval for any development or use that violates or fails to comply with conditions or standards imposed to carry out this Development Code.

B.

Referral to planning commission. In addition to those actions that require planning commission approval, the city planning official may refer any question or permit request to the planning commission, who then shall take action on the request pursuant to the applicable provisions of this Development Code. See also, chapter 15.328 (declaratory rulings) and article 7 (procedures).

C.

Notices, filing, and validity of actions. The failure of any person to receive mailed notice or failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this Development Code, provided a good faith effort was made to notify all parties entitled to such notice report, or form. See article 7 (procedures).

A.

Payment of fees. No permit or certificate of use and occupancy shall be issued until the fees prescribed by resolution/ordinance have been paid.

B.

Fee waiver/exemptions. Any accessory structure used solely for agricultural purposes or any nonresidential, non-commercial building less than 120 square feet in floor area shall be exempt from payment of fees, provided that all required setbacks are met.

A.

The city manager or other duly designated city representative shall have the powers and the duties to enforce the provisions of this Development Code and all amendments thereto.

B.

In addition, the city manager or other duly designated city representative may initiate action to enforce any provision of this Development Code, including any violation of any restriction or condition established under the provisions of this Development Code in the granting of any application authorized or required pursuant to the provisions of this Development Code.

A person violating a provision of this Development Code shall be subject to the following provisions:

A.

Unlawful construction or use declared a nuisance. The location, erection, construction, maintenance, repair, alteration or use of a building or other structure, or the subdivision, partitioning, other land development or use of land in violation of this chapter shall be deemed a nuisance.

B.

Penalty. Except as otherwise provided for by law or by a court of competent jurisdiction, a person violating a provision of this chapter shall, upon conviction, be punished by fine of not more than $500.00 per day. Each violation and each day that each violation persists shall be considered a separate offense.

C.

Stop work order. The city planning official or other duly designated city representative and/or a certified building official may order the stoppage of work on any type which is in violation of any of the provisions of this Development Code or a permit granted pursuant hereto. A copy of the stop work order shall be posted at the site of construction or use and a copy thereof shall be mailed to the last known address of the property owner and/or the permittee. Upon the posting of the order, all work shall cease forthwith, and the property owner, permittee or permittee's agents or employees who thereafter continue to work shall be in violation of this Development Code. The stop work order shall not be removed until satisfactory evidence that the violation has or will be corrected has been provided.

D.

No further approvals. If a violation of this Development Code exists, the city may refuse to issue further land use approvals or building permits for the property subject to the violation.

E.

Alternative remedy. In case a building or structure is, or is proposed to be, located, constructed, maintained, repaired, altered or used, or land is, or is proposed to be, used in violation of this Development Code, the building or land thereby in violation shall constitute a nuisance, and the city may, as an alternative to other remedies that are legally available for enforcing this Development Code, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful location, construction, maintenance, repair, alteration or use.

F.

Nuisances. Violations shall also be subject to the abatement procedures set forth in city code [Code of Ordinances, chapter 10, environment, article III, nuisances].

Where a lawfully established use of land exists that is made no longer permissible under the terms [of] any subsequent city enactment, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Development Code, except as specified by the exception process of this Development Code.

B.

No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Development Code.

C.

If any such non-conforming use of land is abandoned by discontinuance for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this Development Code for the zone in which such land is located.

Where a lawfully established structure exists that could not be built under the terms of any subsequent city enactment, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

A structure may be enlarged or altered as provided as otherwise permitted by this Development Code provided such enlargement or alteration does not increase the extent of the non-conformity.

B.

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Development Code.

C.

Should such structure be moved for any reason for any distance whatever[whatsoever], it shall thereafter conform to the regulations for the zone in which it is located after [having been] moved.

If a lawfully established use of a structure, or of a structure and premises in combination, exists that would not be allowed because of any subsequent city enactment, the lawfully established use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

An existing structure devoted to a use not permitted by this Development Code in the zone in which it is located may be enlarged, extended, constructed, reconstructed, or structurally altered as otherwise permitted by the Development Code, provided it does not substantially increase the impacts on adjacent properties.

B.

Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Development Code, but no such use shall be extended to occupy any land outside such building.

C.

If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use, provided that the city, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing non-conforming use. In permitting such change, the city may require appropriate conditions and safeguards in accord with the provisions of this Development Code.

D.

Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the non-conforming use may not thereafter be resumed.

E.

When a non-conforming use of a structure, or structure and premises in combination, is abandoned by discontinuance for 12 consecutive months, the structure and premises in combination shall not thereafter be used except in conformance with the regulations of the zone in which it is located, unless an exception is granted.

F.

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

G.

Where a structure containing a non-conforming use is destroyed in whole or in part by fire, flood, explosion, or other casualty beyond the control of the property owner, it may be reconstructed and used as before, provided such reconstruction is begun within 12 months of such casualty and provided the restored structure shall not exceed the height and bounds of the original structure.

On any building, devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing without the requirement of a variance.

Nothing in this Development Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof without a variance.

Any use for which an exception/exemption is permitted as provided in this Development Code shall not be deemed a non-conforming use, but shall without further action be deemed a conforming use in such zone.

Where residential uses exist as non-conforming uses according to this Development Code, the following shall apply:

A.

Notwithstanding any other provisions pertaining to non-conforming uses in this Development Code, an existing non-conforming single-family residential dwelling destroyed in whole or in part by fire, flood, explosion, or any other casualty beyond the control of the property owner, may be reconstructed and used as before said casualty, provided the reconstructed principal and accessory structures shall meet applicable lot, yard, and height requirements of the zone.

B.

Upon completion of the permitted work and prior to use and occupancy, the holder of the permit shall notify the city of such completion. After receiving notice of completion, the city shall conduct a final inspection of all permitted structures and/or land. All violations of the approved permit and plans shall be recorded and presented in writing to the holder of the permit.

C.

If the city is satisfied that the completed work conforms with the Development Code, he/she shall issue a certificate of use and occupancy for the use indicated in the permit.

D.

The city shall conduct the final inspection and issue either a written record of violations or an approved certificate of use and occupancy within ten days after receiving notice.