A. Purpose: This Code is enacted for the purpose of promoting the health, safety, peace, morals, comfort, convenience, prosperity, order, and general welfare; lessening danger and congestion of public transportation and travel; securing safety from fire and other dangers; preventing overcrowding of land; avoiding undue concentration of population; providing adequate light and air, police protection, transportation, water, sewerage, schools, parks, forests, recreational facilities, military and naval facilities, and other public requirements, and preventing undue encroachment thereon; conserving the value of buildings and encouraging the most appropriate use of land; encouraging the industrial, commercial and residential growth of the community; and promoting the development of the community in accordance with a comprehensive plan.
B. Interpretation:
1. Validity of Other Laws. Where this Code imposes a greater restriction upon the use of structures or land or upon height or bulk of structures, or requires larger open spaces or yards than are imposed by other ordinances, laws, or regulations, the provisions of this Code shall govern. However, nothing in this Code shall be construed to prevent the enforcement of other ordinances, laws, or regulations which prescribe more restrictive limitations.
2. Severability. In case any portion of this Code shall be invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of the Code shall not thereby be invalid, but shall remain in full force and effect.
3. Tense and Definition. For the purpose of the Code, certain terms and words are to be used and interpreted as defined in Chapter 24 of this code, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word 'shall' is mandatory and not directory.
C. Jurisdiction:
1. Territorial Jurisdiction. This Code shall be in full force and effect in the corporate limits of the City of Eufaula, Oklahoma. Property owned, leased, or operated by the City of Eufaula, or any other public or governmental body or agency, shall be subject to the terms of this Code.
2. Annexed Territory. When any territory shall be brought into the zoning jurisdiction of the City of Eufaula, by annexation or otherwise, such territory shall be deemed to be an AG Agriculture district, provided, however, that the City Council of Eufaula may annex and zone the property another classification in one ordinance provided that:
a. The proposed zoning is reviewed by the Eufaula City Planning Commission, and,
b. The City Council of Eufaula determines that the zoning is in accordance with the Comprehensive Plan of Eufaula and thus the best interest of the City.
These provisions shall not operate to preclude subsequent rezoning of such property by amendment in the manner set forth in Chapter 16.
(20-03-02, 3-2-2020)