(A) Title. The official name of this chapter is “The Myrtle Point Development Code.” It may be referred to as “development code” and “code.”
(B) Purpose. This chapter is enacted for the purpose of promoting the public health, safety and welfare; to encourage the most appropriate use of land within the city, consistent with the city’s comprehensive plan; to stabilize and protect the value of property; to manage traffic flow and prevent overcrowding of public ways; to provide adequate light and air circulation in new development; to facilitate adequate and economical provision of public improvements and services; and to provide a method of code administration and enforcement that is consistent with the needs of a small city with limited administrative capacity.
(C) Compliance and scope.
(1) Compliance with the provisions in the development code. No structure or lot shall hereinafter be used or occupied, and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or otherwise altered, except as permitted by this chapter. Furthermore, annexations and amendments to the zoning map or development code shall conform to applicable provisions of this chapter.
(2) Obligation by successor. The requirements of this chapter apply to the owner(s) of record, persons undertaking the development or the use of land and to those persons’ successors in interest.
(3) Transfer of development standards prohibited. No lot area, yard, landscaping or open space that is used to satisfy a requirement of this chapter for one use shall be used to satisfy the same requirement for another use, except as otherwise specifically allowed by this chapter.
(D) Rules of code construction.
(1) Provisions of this code declared to be minimum requirements. The provisions of this chapter in their interpretation and application shall be held to be minimum requirements adopted for the protection of the public health, safety and general welfare.
(2) Most restrictive requirements apply. Where the requirements of this chapter vary from other provisions of this chapter or vary from other applicable regulations, the most restrictive regulation, or that imposing the highest standard, shall govern. Where the applicability of a code provision is unclear, the Planning Commission or, upon referral, the City Council, may issue a formal interpretation pursuant to § 153.004.
(3) Tenses. Words used in the present tense include the future; the singular form includes the plural; the plural includes the singular.
(4) Requirements versus guidelines. The use of the word “shall,” “must,” “required” or similar terms means the provision is a requirement. The use of the word “should,” “encouraged,” “recommended” or similar term means the provision is recommended (i.e., as in a guideline) and may be imposed as a requirement only where applicable code criteria provide for discretion in the city’s decision-making process.
(E) Development code consistency with comprehensive plan and laws.
(1) Comprehensive plan. This development code implements the city’s comprehensive plan. All provisions of this chapter shall be construed in conformity with the comprehensive plan, including all comprehensive plan elements and facility master plans of the city, except as otherwise required by applicable state or federal law.
(2) Compliance with other laws required. In addition to the requirements of this chapter, all uses and development must comply with all other applicable city, regional, state and federal regulations.
(3) References to other regulations. All references in this chapter to other city, regional, state or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of regional, state or federal regulations. Where a proposal, permit or approval is subject to both city and state or federal regulations, the property owner is responsible for consulting the applicable agencies and complying with their respective regulations.
(F) Land use consistent with development code and zoning map.
(1) Zoning of areas to be annexed. Concurrent with annexation of any land to the city, the City Council, upon considering the recommendation of the Planning Commission, shall approve zoning for the subject land pursuant to §§ 153.295 through 153.299. The comprehensive plan shall guide the designation of zoning for annexed areas.
(2) Land use consistent with development code. A lawful use is one that is permitted in accordance with this chapter, including nonconforming uses pursuant to § 153.004; provided, that state or federal law does not prohibit the use. Where a proposed use is not specifically identified by this chapter, the Planning Official shall refer to § 153.005 and determine whether the use is similar to another use (or uses) that is (are) permitted, allowed conditionally or prohibited by this chapter. The Planning Official shall refer the matter to the Planning Commission to be heard at the next scheduled meeting pursuant to § 153.005. The Planning Commission may refer the similar use interpretation to City Council.
(3) Development code and zoning map. Land and structures may be used or developed only as provided by the applicable land use (zoning) district, as described in the text of this chapter and designated on the city’s zoning map, including all amendments thereto.
(4) Content of official zoning map. The boundaries of the base zones, overlay zones and other map designations are as illustrated on the city’s zoning map. The zoning map is published separately but is a part of this chapter. Maps that delineate areas subject to additional zoning regulations may be included in the zoning map and code, adopted by separate ordinance and/or adopted by reference. Examples may include the location of historical landmarks, special street setbacks, base flood (floodplain) elevation and other areas subject to regulation under this chapter.
(6) Boundary lines. Zoning district boundaries are determined pursuant to § 153.020(B). Where boundary lines are unclear, the Planning Official shall refer requests for boundary line determinations and interpretations to the Planning Commission to be heard at the next scheduled meeting pursuant to § 153.005. The Planning Commission may refer such requests for a boundary line determinations and interpretations to City Council.
(G) Provisions of this code are minimum requirements.
(1) Minimum requirements intended. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the protection of the public health, safety and general welfare.
(2) Most restrictive requirements apply. When the requirements of this chapter vary from other provisions of this chapter or with other applicable standards, the most restrictive or that imposing the highest standard shall govern.
(H) Pre-existing approvals.
(1) Legality of pre-existing approvals. Developments and uses for which government approvals were granted prior to February 3, 2012, may occur pursuant to such approvals, except that modifications to those approvals shall be subject to review under §§ 153.280 through 153.283. Modifications to approved plans and conditions of approval, as applicable. See also § 153.004.
(2) Subsequent development applications. All developments and uses commencing on or after February 3, 2012, shall conform to the current provisions of this chapter.
(I) Zoning checklist and building permits. The designated Building Official issues building permits, and the city coordinates with the designated Building Official to ensure compliance with the city’s land use and development regulations. A building permit shall not be issued until the Planning Official has transmitted an approved zoning checklist to the Building Official. In reviewing a zoning checklist, the Planning Official may determine that other permits or approvals are required before a zoning checklist may be approved and before development may commence or a building permit may be issued. See application review procedures and approval criteria in this chapter.
(J) Official action.
(1) Official actions.
(a) Except for legislative actions, the City Planning Commission and City Planning Official are vested with authority to issue permits and grant approvals in conformance with this chapter.
(b) Legislative proposals under this chapter (e.g., zone changes and comprehensive plan amendments) are subject to City Council review and approval. The Planning Commission reviews and makes recommendations on legislative proposals.
(c) The City Planning Official may refer a permit application or a request for code interpretation to the Planning Commission, pursuant to § 153.207.
(d) City officials shall issue no permit and grant no approval for any development or use that violates or fails to comply with this chapter.
(e) The City Council, pursuant to § 153.208(D), reviews and takes action on appeals of Planning Commission decisions.
(f) The City Planning Official may issue a stop work order on any development or use that is in violation of this code or that fails to comply with any land use condition of approval.
(2) Void future actions. Any permit or approval issued or granted in conflict with the provisions of this chapter shall be void unless the city modifies it in conformance with this chapter. The Planning Official shall determine when an approval is void and he or she shall refer it back to the decision body for modification to ensure code compliance.
(3) Referral to Planning Commission. In addition to those actions, which require Planning Commission approval, the City 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 chapter. See also §§ 153.005, 153.205 through 153.210, 153.225 through 153.231, 153.245 through 153.254, 153.265 through 153.268, 153.280 through 153.283, 153.295 through 153.299 and 153.310 through 153.314.
(Ord. 1267, passed 1-3-2012) Penalty, see § 153.999