§ 38-2. Interpretation and application.  


Latest version.
  • (a)

    The regulations and requirements set forth in this chapter have been made in accordance with a comprehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the county.

    (b)

    In their interpretation and application, the provisions of this chapter shall be the requirements to promote the public health, safety, morals and general welfare and to protect the character and maintain the stability of residential, commercial, manufacturing, agricultural, educational, cultural and recreational areas within the county.

    (c)

    In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare to the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than are imposed or required by other resolutions, rules, regulations, or by lawful easements, covenants or agreements, the provisions of this chapter shall control.

    (d)

    Among other purposes the provisions herein are intended to provide adequate light, air, privacy and access to property, to avoid undue concentration of population by regulating and limiting the height and bulk of buildings, the size of open spaces surrounding buildings, storage and materials of personal property, or any commercial activity, to establish building lines, to divide the area of the county into districts restricting and regulating therein the construction, reconstruction, alteration, and use of buildings, structures and land for residential, commercial, manufacturing, agricultural, educational, cultural, recreational, and other specified uses and to limit congestion in the public streets by providing off-street parking of motor vehicles, and to define the powers and duties of the planning and zoning commission, the board of zoning adjustment, and the administrative officers appointed pursuant to chapter 30, article II (entitled planning and zoning enabling legislation).

(P & Z Res., art. I, § 2)