This chapter shall be known and may be cited as the "Town of
Tusten Zoning Law." Hereinafter, this chapter is sometimes referred
to as "this Zoning Law," "this Law," or "this law."
The various statements of purpose, intent and findings are legislatively
adopted along with the formal text of this chapter. They are intended
as a legal guide to the administration and interpretation of this
chapter and shall be treated as legislative history.
Upon the effective date of this chapter, the law entitled "Zoning
Law of the Town of Tusten," as adopted on [day-month and year], together
with all changes and amendments thereto, shall be superseded and reenacted,
readopted, restated and amended to read as set forth in this chapter,
except as may otherwise herein be provided. This readoption and reenactment
shall not affect any pending or prevent any future prosecution of
any action to abate any violation existing at the time this chapter
is enacted, if the use is in violation of the provisions of this chapter.
Nothing herein shall be deemed to change the status of nonconforming
uses created by virtue of the Zoning Ordinance adopted [day-month
and year], as amended, if such uses remain nonconforming under the
provisions of this chapter.
The purposes of this chapter, its regulations and its zoning
and overlay districts are to promote the health, safety and general
welfare of the present and future inhabitants of the Town; guard against
loss of life and damage to property due to flooding through protection
of natural drainage features; preserve features of historical significance;
encourage the most appropriate development of the Town in accordance
with the Town of Tusten Comprehensive Plan; preserve open space, encourage
the preservation of the scenic and natural assets of the Town, and
of the rural residential character of the Town, and to discourage
commercial or industrial development that is inconsistent with such
preservation; protect property values; regulate location and use of
buildings and the uses of land within each district with regard to
residential, commercial, light industrial, and other purposes; lessen
congestion in streets; secure safety from fire, flood, panic, and
other dangers; provide adequate light and air and acceptable noise
levels; prevent overcrowding of land and avoid undue concentration
of population; facilitate the adequate provision of transportation,
water, sewage disposal, parks and other public requirements; and establish
districts in which regulations concerning the size of buildings and
other structures, the percentage of lots that may be covered, the
size of yards, and the use of buildings, structures and land for trade,
commerce, residence, and other purposes are restricted and regulated
as hereinafter provided.
If the provisions of any article, section, subsection, paragraph,
sentence, clause or part of this chapter shall be adjudicated invalid
by a court of competent jurisdiction, such adjudication shall not
affect, impair or invalidate the remainder this chapter, and such
adjudication shall be confined in its operation to the specific article,
section, subsection, paragraph, sentence, clause or part thereof held
to be invalid.