This code shall be known as the Community Development Code of the City of West Linn, and shall be referred to herein as “this code.”

As a means of promoting the general health, safety and welfare of the public, this code is designed to set forth the standards and procedures governing the development and use of land in West Linn and to implement the West Linn Comprehensive Plan. To these ends, it is the purpose of this code to maintain and improve the existing character and quality of West Linn through:

A.    Identifying and protecting resource lands from urban development encroachment.

B.    Providing for the natural and cultural resources of the community.

C.    Providing adequate land to meet anticipated future demands for development in a logical and orderly manner.

D.    Encouraging flexibility and innovation in development techniques to permit diversity within the community.

E.    Providing for a range of housing types and costs in order to offer a wide variety of choices to present and future West Linn residents.

F.    Contributing to a healthy and diverse economy in West Linn.

G.    Providing for an orderly and timely provision of public facilities and services for future urban development.

H.    Providing for citizen participation in all phases of the planning process. (Ord. 1408, 1998)

A.    Except as otherwise specifically provided by this zoning code, no building or other structure shall be erected, constructed, established, occupied, altered, maintained, improved, enlarged or moved, nor shall any use or occupancy of premises within the City be commenced or changed, nor shall any condition of or upon real property be caused or maintained after the effective date of this code, except in conformity with conditions prescribed for each of the several zones and general regulations established in this code.

B.    It shall be unlawful for any person to erect, construct, establish, occupy, alter, improve, enlarge, or use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this zoning code contrary to the provisions of this code. Where this zoning code imposes greater restrictions than those imposed or required by other rules or regulations or code provisions, the provisions of this zoning code shall control.

C.    No lot area, yards, other open space or loading area existing on or after the effective date of this code shall be reduced below the minimum required for it by this code. No fee conveyance of any portion of a lot or parcel, for other than a public use, shall leave a structure on the remainder of the lot with less than minimum ordinance requirements.

D.    No lot area, yard, or other open space or loading area which is required by this code for one use shall be a required lot area, yard, or other open space or loading area for another use, except as provided in CDC 05.030(A). (Ord. 1635 § 1, 2014; Ord. 1636 § 1, 2014; Ord. 1754 § 1 (Exh. A), 2024)

Repealed by Ord. 1635. (Ord. 1408, 1998)

A.    The Planning Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this code. A request for an interpretation shall be made in writing to the Planning Director. The Director’s interpretation may be appealed to the Commission as provided by CDC 99.060(B).

B.    The Director may develop guidelines to aid in the implementation and interpretation of the provisions of this code.

Should any section, sentence, clause, or phrase of this code be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this code as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this code, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this code. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void.

The submittal of a City of West Linn development application represents permission for the decision-making authority and staff to have reasonable access to the site. (Ord. 1408, 1998)

The City’s codifier has authority to eliminate gender preference from this code and update pronouns when appropriate, which authority also includes the correction of future ordinances by such changes as the following:

A.    Gendered pronouns (he, she, his, her, etc.) shall be replaced by a gender-neutral description of the title of office, employment or descriptor, as it applies to the pronoun’s antecedent. For example, where a code section refers to a Director, all subsequent gendered pronouns that refer to the Director shall be replaced by “the Director” (subjective form), “that Director” (objective form), or “the Director’s” (possessive form) as the context requires.

B.    Table 1 in this section lists commonly encountered titles of office, employment and descriptors. All gendered pronouns within the CDC that refer back to a title of office, employment or descriptor found in Table 1 shall be replaced by the subjective, objective or possessive form of that title of office, employment or descriptor, as the context requires. Table 1 is not exhaustive and may be amended from time to time.

C.    Table 2 in this section lists gendered terms suitable for replacement by gender-neutral terms. Any term identified in the first column of Table 2, and which is also found within the CDC, shall be replaced by the corresponding term identified in the second column. Table 2 is not exhaustive and may be amended from time to time. 

(Ord. 1718 § 3, 2020.)