The official name of this title is "The City of Molalla Development Code." It may also be referred to as "Development Code" and "Code."
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This Code is enacted to promote the public health, safety, and general welfare; and to encourage the orderly and efficient development and use of land within the City of Molalla, consistent with the City of Molalla Comprehensive Plan and the following principles:
A.
Compact Development, which promotes the efficient provision of public services and infrastructure;
B.
Mixed-Use, which places homes, jobs, stores, parks, and services within walking distance of one another;
C.
Full Utilization of Urban Services (e.g., water, sewer, storm drainage, parks, and transportation facilities), which maximizes the return on public investments in infrastructure;
D.
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;
E.
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;
F.
Environmental Health, which requires adequate light and air circulation, management of surface water runoff, and treatment and disposal of waste; and
G.
Efficient Administration of Code Requirements, consistent with the needs of the City of Molalla.
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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 Code. Furthermore, annexations and amendments to the Zoning Map, and amendments to the Development Code shall conform to applicable provisions of this Code.
B.
Obligation by Successor. The requirements of this Code apply to the owner(s) of record, persons undertaking the development or the use of land, and to those persons' successors in interest.
C.
Transfer of Development Standards Prohibited. Except as otherwise specifically authorized by this Code, no lot area, yard, landscaping, or open space that is used to satisfy a requirement of this Code for one use shall be used to satisfy the same requirement for another use.
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A.
Provisions of this Code Declared to be Minimum Requirements. The provisions of this 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 the requirements of this Code vary from another provision of this Code or with other applicable regulations, the highest standard or regulation shall govern. The Planning Official or designee, as applicable, shall determine which Code provision sets the highest standard. Where the applicability of a code provision is unclear, the Planning Director, or upon referral the City Council, may issue a formal interpretation pursuant to Chapter 17-1.5 Code Interpretations.
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 code provision is a requirement. The use of 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 Official to exercise such discretion.
E.
Interpreting Illustrations. This Code contains illustrations and photographs, code "graphics," which are intended to serve as examples of development designs that either meet or do not meet particular code standard. 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. The provisions of this 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.
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A.
City of Molalla Comprehensive Plan. This Code implements the City of Molalla 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.
B.
Compliance with Other Laws Required. In addition to the requirements of this 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 Molalla 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 Code, City Council policy, or applicable law require otherwise. Where a referenced regulation has been amended or repealed, the Planning Official, Planning Commission or, upon referral, the City Council, shall interpret this 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.
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A.
Zoning of Areas to be Annexed. Concurrent with annexation of land to the City of Molalla, the City Council, upon considering the recommendation of the Planning Commission, shall enact an ordinance applying applicable zoning designation(s) to the subject land, pursuant to Chapter 17-4.6. 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 Molalla may be used or developed only 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 17-1.4, 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 Code, is part of this Code. The zoning districts depicted on the Zoning Map correspond to the zoning districts in this Code. In addition, this 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 Code, the City's zoning boundaries are as designated on the Official 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 17-2.1.030.
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A.
Land Use Approvals and Building Permits. Land use and building approvals are processed by two City officials: The Building Official issues building permits; and the Planning Official administers the Development Code, processes land use approvals, and coordinates with the Building Official on development and building projects to ensure compliance with the Development Code.
B.
Zoning Compliance Required for Building Permits. A building permit shall not be issued until the Planning Official has confirmed that all applicable requirements of this Code are met, or appropriate conditions of approval are in place to ensure compliance.
C.
Zoning Checklist. Where a Zoning Checklist is required prior to issuance of a building permit, pursuant to Section 17-4.1.020, the Planning Official through a Type I procedure shall review the project proposal. The Building Official shall not issue any building permit without an approved Zoning Checklist for the project. If in reviewing the project proposal the Planning Official determines that other permits or approvals are required before development may commence or a building permit may be issued, the Planning Official shall advise the applicant in writing, accordingly.
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A.
Official Action. The City of Molalla Planning Official, Planning Commission and City Council are vested with authority to issue permits and grant approvals in conformance with this Code, pursuant to Division IV Application Review Procedures and Approval Criteria. 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 Code.
B.
Void Future Actions. Any permit or approval issued or granted in conflict with the provisions of this Code shall be void, unless the City modifies it in conformance with the Code. The Planning Official shall determine when an approval is void and, as applicable, he or she shall refer it back to the decision body for modification to ensure Code compliance.
C.
Referral to Planning Commission. In addition to those actions that require Planning Commission approval, the 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 Code. See also Chapter 17-1.5 Code Interpretations and Division IV Application Review Procedures and Approval Criteria.
D.
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 Code, provided a good faith effort was made to notify all parties entitled to such notice, staff report, or form. See Chapter 17-4.1 General Review Procedures.
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