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Malheur County Unincorporated
City Zoning Code

CHAPTER 2

GENERAL PROVISIONS

6-2-1: COMPLIANCE REQUIRED:

   A.   General:
      1.   A lot may be partitioned or used and a structure or part of a structure may be constructed, reconstructed, altered, occupied or used only as this title permits or as constitutional private property rights allow.
      2.   Reduction in the size of any lot, area, yard or other open space existing on or after the effective date of this title shall be done in compliance with this title.
      3.   All parcels created by the partition of any lot, area, yard or other open space shall meet the dimensional standards required by this title for the allowed use. (Ord. 86, 12-7-1993)
   B.   Comprehensive Plan: Zoning decisions shall be in compliance with applicable local laws, as well as with the Malheur County comprehensive plan and various provisions and elements thereof. Such laws and plan provisions include, but are not limited to, the following:
      1.   Building codes.
      2.   Comprehensive plan policies.
      3.   Comprehensive plan map designations.
      4.   Urban growth area joint management agreements.
      5.   Transportation system plan maps, policies and standards. (Ord. 125, 6-20-2000)
   C.   Land Use Decisions: Age, gender or physical disability shall not be an adverse consideration in making a land use decision. (Ord. 86, 12-7-1993)

6-2-2: INTERPRETATION:

   A.   General: The interpretation and application of the provisions of this title shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations, provisions of this title shall control.
   B.   Plan/Zone Relationship: In case of conflicts or discrepancies between plan and zone provisions, the county will administer the provisions as follows:
      1.   Where plan provisions are more restrictive than zoning regulations, plan provisions supersede zoning regulations.
      2.   Where a zoning regulation is more restrictive than a plan provision, the zoning regulation shall determine use suitability and requirements.
   C.   Irrigation District And Water Rights: The provisions of this title shall not be interpreted as abrogating any authority currently vested by law in locally elected boards of directors of the irrigation districts in Malheur County, including, but not limited to, such authority as administration, maintenance, supervision and control of irrigation waters where applicable. The provisions of this title shall not be interpreted to restrict other irrigation water rights such as adjudicated or state permit water rights.
   D.   Determination Of Compatibility: Before the issuance of any land or building permits within a boundary of a state scenic waterway, the county will request a determination of compatibility with the Oregon scenic waterways system from the Oregon state parks and recreation department in order to conform to the provisions of ORS 390 and OAR 736-40. (Ord. 86, 12-7-1993)