Myrtle Creek City Zoning Code

This title shall be known as the zoning ordinance of the city of Myrtle Creek, Oregon.

The purpose of this title shall be to augment and implement the Myrtle Creek comprehensive plan, to create uniform districts in which compatible uses are allowed, to prescribe standards for each district, to provide density controls, to provide procedures and standards for granting conditional uses and variance exceptions, to provide off-street parking and loading requirements, and to provide procedures for administration.

The intent of these regulations is to provide a means of ensuring that land uses of the community are properly situated in relation to one another; and that development is sufficiently open to provide light, air and privacy; that adequate space is available for each type of development; that density of development in each area is held at a level which can be properly serviced by such governmental facilities as the street, fire protection, school, recreation, and utility systems; and, in general, to promote the public health, safety, order, convenience, prosperity and welfare of the people living in the community.

This section recognizes that there is a tension inherent in the regulatory approach in that minimum standards must be set in the context of typical or anticipated development. It is not intended that such regulations frustrate good design, but some approaches by good designers which are quite atypical and therefore neither envisioned nor expressly regulated by this title's standards are probably inevitable; therefore, whenever an administrator, judiciary, or other decision-making body is called upon to do so, this title shall be interpreted in conformance with the purposes intended by the city to be served by its enactment. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted should only be made when the party interpreting this title has the power to impose additional restrictions or conditions to protect the public and exercises this power. The intent of the standards and supporting definitions is to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed use. To this end, those called upon to interpret this title shall proceed as follows:

In their interpretation, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of any lawfully adopted rules, regulations and ordinances conflict, the most restrictive or that imposing the higher standards shall govern.

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city of Myrtle Creek or any official or employee thereof or of the practicality or safety of any structure or use proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result thereto.