Milton Freewater City Zoning Code
CHAPTER 1
GENERAL PROVISIONS
10-1-1: TITLE:
This title shall be known as the ZONING CODE OF THE CITY OF MILTON-FREEWATER. In this text, the terms "zoning ordinance" and "ordinance" shall refer to this title.
This title shall consist of this text and the map entitled zoning map of Milton-Freewater, Oregon, attached as appendix 1 to the ordinance codified herein. For convenience of use and accuracy of representation, this map shall be divided into sections. Each section shall constitute the official map for the area covered by the map, and may be separately employed for zone identification or amendment. If conflicts arise between these specific boundary maps and any general maps constructed for display or general distribution, the zoning map of Milton-Freewater, Oregon shall prevail.
Both the text and the map of this title, may be amended from time to time. Persons contemplating a decision involving this title should consult with the planning department to verify the provisions which relate to their situation. (Ord. 667, 9-24-1984)
10-1-2: PURPOSE AND INTENT:
The purpose of this title is to enhance the quality of life and protect the health, safety, and enhance the general welfare of the citizens of the city of Milton-Freewater. This title intends to accomplish this purpose by defining and quantifying the uses of land designated by the comprehensive plan. This title is the principal means of implementing the plan. To this end, this title is intended to:
A. Designate Land Use Zones: Designate land use zones which contribute to organized development of the community by restricting the location and relationships of uses, and providing for location and relationships of uses, and providing for location of compatible uses in ways which encourage efficiency and mutual benefit.
B. Organize Development Process: Quantify the responsibilities of the private and public sectors involved in land development so that uncertainty and delay are kept to a minimum.
C. Provide For Utility Development: Provide a reliable basis for the provision of public service, utilities and facilities.
D. Citizen Involvement: Establish procedure by which citizens of the community may participate in the land use process, and effect the changes necessitated by new circumstances and needs. (Ord. 667, 9-24-1984)
10-1-3: ESTABLISHMENT OF DISTRICTS:
To implement the comprehensive plan land use designations, and the purpose and intent statements of this title, the following land use districts are established:
Abbreviation
| Zone District Name |
Abbreviation
| Zone District Name |
R-1 | Residential (low density) |
R-2 | Residential (medium density) |
R-3 | Residential (high density) |
MSR | Main Street residential |
DB | Downtown business |
C-1 | Retail and service commercial |
C-2 | General commercial |
I-M | Industrial-manufacturing |
PL | Public lands |
CO | Civic overlay |
BP | Business park |
R-M | Residential mixed use |
(Ord. 667, 9-24-1984; amd. Ord. 847, 12-1997; Ord. 925, 6-13-2005; Ord. 928, 6-27-2005)
10-1-4: DETERMINATION OF DISTRICT BOUNDARIES:
A. Right Of Way Lines: Where a zone district boundary is shown as following a street, alley, canal, or railroad right of way, it shall be construed as following the centerline of such right of way.
B. Map Measurement: Where a zone boundary divides a parcel into two (2) zones, the location of the boundary shall be determined by scale measurements of the zone map. (Ord. 667, 9-24-1984)
10-1-5: LOT DIVISION ALONG ZONE DISTRICT BOUNDARIES:
Where a zone boundary divides a parcel into two (2) zones no partition or subdivision which creates a substandard lot in either zone shall be permitted. (Ord. 667, 9-24-1984)
10-1-6: ZONING OF ANNEXED AREAS:
Upon annexation of an area inside the urban growth boundary, the area shall simultaneously be zoned in conformance with the land use designation prescribed for that property by the comprehensive plan. (Ord. 667, 9-24-1984)
10-1-7: INTERPRETATION:
The planning director shall have the responsibility of interpreting all terms and provisions of this title. Formal interpretation shall be requested in writing on forms provided by the director. Issuance of a formal interpretation shall be considered a level I procedure, with appeal as provided in section 10-3-12 of this title. (Ord. 667, 9-24-1984)
10-1-8: INSPECTION AND RIGHT OF ENTRY:
Whenever the planning director has reasonable cause to suspect a violation of this title, or when necessary to investigate matters pertinent to an application made pursuant to this title, the director or his designee may enter any property in a reasonable manner to exercise his responsibilities. (Ord. 667, 9-24-1984)
10-1-9: NUISANCE:
Any structure or use of land which is established, operated, erected, moved, altered, or maintained contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance. (Ord. 667, 9-24-1984)
10-1-10: NOTICE OF VIOLATION:
Notice of a violation of a provision of this title shall be in the form of a certified return receipt letter, or a letter delivered in person to the property owner.
The letter shall identify the property on which the violation is located, a description of the violation, and a brief statement on the action necessary to gain compliance with this title.
Notice shall be complete and deemed received upon any of the following:
A. Actual receipt.
B. Refusal of the certified letter.
C. Passage of two (2) weeks from the date of mailing of the certified letter.
The owner shall be given ten (10) days from the date of receipt of the letter to remedy the violation. If not remedied, enforcement will commence on the eleventh day after receipt of notice.
By mutual agreement of the property owner and the city, a reasonable period in excess of ten (10) days may be granted for remedy of the violation. If not remedied by the established date, enforcement will commence on the following day. (Ord. 667, 9-24-1984)
10-1-11: ENFORCEMENT:
A. Primary Enforcement: The planning director is authorized to, and charged with primary enforcement of the provisions of this title. The director shall issue the notice of violation prescribed above.
B. Judicial Enforcement: Upon request from the city manager, the city attorney shall institute any legal proceedings necessary to enforce the provisions of this title. (Ord. 667, 9-24-1984)
10-1-12: PENALTIES:
Any person violating any provision(s) of this title shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed ten (10) days, or both a fine and imprisonment, as well as abatement of the public nuisance by the owner, or by the city at the owner's expense.
Each day of a continuing violation constitutes a separate violation.
In addition to enforcement of the above penalties, the city may seek civil remedies including, but not limited to, claims for injunctive relief, damages, or any other remedies provided by law. (Ord. 667, 9-24-1984)
10-1-13: PERMIT REVOCATION:
A. The planning director may revoke any zoning permit upon violation of the terms under which said permit was issued.
B. The planning director shall issue a notice of intent to revoke the permit via certified return receipt letter, or a letter delivered in person to the property owner. The letter shall itemize the terms of the permit of which the applicant is in violation. The letter shall specify a two (2) week time period commencing on the date of the letter for applicant to rectify the violation(s).
C. Should the applicant still be found in violation of the terms of the permit at the end of two (2) weeks, notice of revocation of the permit shall be issued in the form of a certified return receipt letter, or a letter delivered in person to the property owner.
D. Applicant has the right to appeal the planning director's decision per section 10-3-12 of this title. (Ord. 764, 5-26-1992)