A. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
B. Conflict with public and private provisions.
1. Public provisions. The regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provisions of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule of regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
2. Private provisions. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement restriction impose duties or obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Commission in approving a subdivision or enforcing these regulations, such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. [Note: Private provisions can only be enforced privately unless a public agency has been made party to such agreements.]
C. Separability, validity. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The city hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application.
(1980 Code, Ch. 154, § 1.06) (Ord. 2001-4, passed 3-27-2001)