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Sandy City Zoning Code

CHAPTER 17

04 - LEGAL FRAMEWORK

Sec. 17.04.00.- Rules of construction.

This Code shall be construed liberally in order to achieve its purposes. Unless otherwise specifically prescribed in this Code, the following provisions shall govern its interpretation and construction:

A.

When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.

B.

Unless otherwise specified in this Code, any action authorized or required to be taken by the City may be taken by the Council or by an official or agent designated by the Council.

Sec. 17.04.10. - Severability and constitutionality.

If any section, subsection, sentence, clause, or phrase of this Code is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this Code and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid, or unconstitutional.

Sec. 17.04.20. - Descriptive headings.

The paragraph captions and headings in this Code are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Code.

Sec. 17.04.30. - Calculation of time.

Where the performance of any act, duty, matter, payment, or thing is required in this case and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. The word "day" means calendar day unless otherwise specified.

Sec. 17.04.40. - Savings clause.

Sandy Ordinance 11-80 as amended, which is repealed by the ordinance adopting this Code, shall remain in force to authorize the arrest, prosecution, conviction, and punishment of a person who violates Sandy Ordinance 11-80 as amended, prior to the effective date of this Code.

Sec. 17.04.50. - Revival.

The repeal of Sandy Ordinance 11-80 as amended, does not thereby revive any provision, ordinance, or section that was in effect prior to the adoption or amendment of Sandy Ordinance 11-80 as amended. This repeal does not affect any punishment, penalty, or fine incurred before the repeal took place or any prosecution or proceeding commenced or pending prior to the adoption of this Code.

Sec. 17.04.60. - Nondiscrimination.

The City shall not discriminate on the basis of race, religion, national origin, age, color, gender, sexual orientation or physical disability in the administration or enforcement of this Code.

Sec. 17.04.70. - Text amendments.

This Code may be amended whenever the public necessity, convenience, and general welfare require such amendment and where it conforms to the Sandy Comprehensive Plan and any other applicable policies.

A.

Initiation. Initiation of an amendment may be accomplished by one of the following methods:

1.

Majority vote of the City Council; or

2.

Majority vote of the Planning Commission; or

3.

Citizens can request that the City Council initiate an amendment. Council may either initiate and direct staff to proceed or may deny and direct the applicant proceed with an amendment.

B.

Review of Text Amendments. The Planning Commission and City Council shall review proposed amendments in accordance with the legislative provisions of Chapter 17.20—Public Hearings.

Sec. 17.04.80. - Official zoning map.

Boundaries of development districts established by this Code are shown on the Official Zoning Map on file in the Planning and Development office. The Official Zoning Map and all amendments and other matters entered on the Official Zoning Map are a part of this Code and have the same legal effect as if fully set out herein.

A.

Amendments. Amendments to the Official Zoning Map shall be adopted as provided in Chapter 17.26—Zoning District Changes. After adoption of an amendment, the Director shall alter the Official Zoning Map to indicate the amendment.

B.

Interpretation of Zoning District Boundaries. Boundaries of the development districts shown on the Official Zoning Map shall be located as described in the ordinance or order establishing and amending such district boundaries. If uncertainty exists as to the boundaries of the zoning districts that is not resolved by the ordinance or orders establishing and amending such boundaries, the following rules shall apply:

1.

Boundaries indicated as approximately following the center lines of streets, highways, or alleys, streams, rivers, lakes or other bodies of water shall be construed to follow such center lines;

2.

Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main track or tracks;

3.

Boundaries indicated as following the contours of certain elevations or soils of a particular type shall be construed as following the actual height or soil contour as determined by accepted surveying practices;

4.

Boundaries indicated as parallel to, or extensions of natural or manmade features indicated in Subsections 1. through 3. above shall be so construed;

5.

Distances not specifically indicated shall be determined by the scale of the Official Zoning Map;

6.

Where a lot is divided by a boundary, the applicable uses and development standards shall be those of the district that contains the majority of the land area of a lot of record as it existed at the time of the adoption of this Code.

Where uncertainties continue to exist after application of the above rules, the Planning Commission shall determine the location of such boundaries.

Sec. 17.04.90. - Development review fees.

A.

Required Fees. The Director is authorized to charge and collect fees for the provision of municipal services outlined in this Code. The City Council, by resolution, shall set fees in accordance with the Council's financial policies and shall charge no more than the actual or average cost of providing planning and development review services in accordance with ORS 227.175(1). The Director shall maintain a current schedule of fees for public review.

B.

Annual Review. Development review fees shall be reviewed annually.