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Preston City Zoning Code

ARTICLE I

General Provisions

§ 210-1 Purpose.

The purpose of this chapter is to promote the health, safety, morals, and general welfare of the community; to control congestion in the streets; to secure the public safety; to provide adequate light and air; to promote the conservation of natural resources; to prevent environmental pollution; to avoid undue concentration of population; to conserve the value of property; and to facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other public requirements.

§ 210-2 Applicability.

This chapter shall apply to all lands, buildings, structures, and properties, including any submerged lands, or water areas which lie within the Preston corporate limits.

§ 210-3 Essential services exempted.

Essential services shall be defined as facilities owned or maintained by public utility companies or public agencies located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way, and reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers, but not including any building, yard, station, or facility requiring a site of greater than 100 square feet, and not including any cross-country line on towers or in a private right-of-way. Such essential services shall be permitted in any district, it being the intent hereof to exempt such essential services from the application of this chapter.

§ 210-4 Severability.

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

§ 210-5 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted laws, rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

§ 210-6 Repealer and effective date.

All ordinances or parts of ordinances in conflict with this chapter, or inconsistent with the provisions of this chapter, are hereby repealed to the extent necessary to give this chapter full force and effect. This chapter shall take effect and be in full force on September 25, 2005.