(A) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
(B) Relationship to other laws and private restrictions.
(1) Where the conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the height or bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, resolution, ordinance, rule or regulation of any kind, the regulations which are more restrictive shall apply.
(2) This chapter is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.
(C) Ordinance provisions do not constitute permit. Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.
(D) Provisions are cumulative. The provisions of this chapter are cumulative with additional limitations imposed by all other laws and ordinances, heretofore, passed or which may be passed hereafter, governing any subject matter appearing in this chapter.
(E) Separability. It is declared to be the intention of the Board of Mayor and Aldermen of the Town of Collierville, Tennessee, that the several provisions of this chapter are separable in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgement shall not affect any other provision of this chapter not specifically included in the judgement;
(2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgement shall not affect the application of the provisions to any other property, building or structure not specifically included in the judgement.
(F) Application of regulation.
(1) No building or other structure shall be constructed, erected, placed or maintained and no land use commenced within the Town, except as specifically or by necessary implication authorized by this chapter. Conditional uses are allowed only on permit granted by the Board of Mayor and Aldermen based on a recommendation from the Planning Commission. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, except as prohibited specifically or by necessary implication.
(2) Reserved.
(G) Scope of regulations.
(1) New uses, lots, buildings or other structures. Upon the effective date of this chapter, any new building or other structure or any tract of land shall be used, constructed or developed only in accordance with the use, bulk and all other applicable provisions of this chapter.
(2) Existing uses, lots, buildings or other structures.
(a) Any existing use legally established prior to the effective date of this chapter which does not comply with its provisions shall be subject to the nonconforming use provisions in §§ 151.130 et seq.
(b) Any existing lot, parcel, building or other structure legally established prior to the effective date of this chapter which does not comply with its provisions, other than use provisions, shall be subject to the noncomplying regulations in § 151.138.
(3) Alteration of existing buildings and other structures. All structural alterations or relocations of existing buildings or structures occurring after the effective date of this chapter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
(H) Effective date. This chapter shall be in force and effect from and after its passage on third and final reading and adoption, the public welfare requiring it.
(`00 Code, § 11-203) (Ord. passed 7-14-80; Am. Ord. 97-34, passed - -; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-01, passed 2-9-09)