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Melba City Zoning Code

CHAPTER 1

GENERAL ZONING PROVISIONS; ENFORCEMENT

10-1-1: SHORT TITLE:

This title shall be known as the ZONING ORDINANCE OF THE CITY OF MELBA. (Ord. 86, 8-19-1980)

10-1-2: PURPOSE; DISTRICTS ESTABLISHED:

For the purpose of promoting pride of ownership, health, safety, morals and general welfare within its area of jurisdiction, the city is hereby divided into the following use districts:
R-1 Single-family residential
R-2 Combined residential
R-3 Mobile home residential
R-4 Multiple-family residential
BR-1 Business/residential
C-1 Commercial
C-2 Service commercial
M-1 Light industrial
(Ord. 86, 8-19-1980; amd. 2008 Code; Ord. 246, 10-13-2014)

10-1-3: OFFICIAL ZONING MAP; COMPREHENSIVE PLAN OBSERVED:

   A.   Map Established: The boundaries of the use districts shall be established and clearly indicated upon the zoning map adopted as part of this title.
   B.   Amendments To Map: All amendments of the official zoning map shall follow the procedure set forth in chapter 8 of this title.
   C.   Compliance With Comprehensive Plan: Areas are to be classified according to the established use districts, and such zoning shall give due consideration as to conformity with an adopted comprehensive plan and its stated goals and objectives where these exist. (Ord. 86, 8-19-1980)

10-1-4: COMPLIANCE WITH PROVISIONS:

   A.   Land or premises shall be used, unless otherwise provided in this title, only in conformity with the regulations herein set forth for the use districts in which such land or premises is located.
   B.   No building or structure shall be erected or structurally altered or used, unless otherwise provided in this title, except in conformity with the regulations herein set forth for the use districts in which such building or structure is located. (Ord. 86, 8-19-1980)

10-1-5: APPLICATION AND INTERPRETATION:

   A.   Severability: If any provisions of this title or the application thereof to any persons or circumstances are held invalid, the remainder of the title or the application of provisions to other persons or circumstances shall not be affected thereby.
   B.   Conflicting Provisions: It is not intended by this title to impair or interfere with other regulations of state or local law, or with private restrictions on the use of land, improvements, and structures. Where this title imposes greater restrictions than that imposed by other law or private restrictions, this title shall prevail. (Ord. 86, 8-19-1980)

10-1-6: LOT LOCATION AND ACCESS REQUIREMENTS:

For the purpose of ensuring orderly development and to provide adequate access for firefighting equipment and other services to all buildings, no residence or commercial building shall be erected or moved onto any lot, tract or parcel of land in any use district adopted under the provisions of this title unless said lot, tract or parcel of land has fifty feet (50') of frontage on a public right of way and has reasonably efficient access thereto for vehicular traffic and has been legally subdivided and surveyed; and provided further, that a building permit may be issued for construction of a residence on a private easement where, in the opinion of the planning and zoning commission, the following conditions have been reasonably met:
   A.   Minimum easement width of twenty feet (20') of usable road sufficient for two-way traffic.
   B.   Maximum easement length of two hundred feet (200').
   C.   Minimum turnaround radius of forty feet (40').
   D.   Maximum grade of ten percent (10%).
   E.   The easement must serve land which otherwise would have no access to a public road. (Ord. 86, 8-19-1980)

10-1-7: ENFORCEMENT OFFICIAL:

An official shall be appointed by the mayor and city council, and such official shall be responsible for the enforcement of the provisions of this title. (Ord. 86, 8-19-1980)

10-1-8: VIOLATION; PENALTIES:

Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title is committed, continued or permitted. Upon conviction of any violation of any of the provisions of this title, such persons shall be punished as provided in section 1-4-1 of this code. (Ord. 86, 8-19-1980; amd. 2008 Code)