(A) Zoning Administrator. The Zoning Administrator shall be responsible for review and processing of all development applications and building permit applications to ensure compliance with the standards of the Annexation Reserve District. Building permit applications for interior work and exterior maintenance (such as roofing, siding, windows and the like) are exempt from this review.
(B) Zoning applications covered. Certain applications of this zoning district require study and action by the Planning Commission. These include proposed conditional use permits, interim use permits, variances, site plan reviews, zoning map amendments, text amendments and appeals.
(C) Cost recovery.
(1) Purpose. The costs to the City for receiving, analyzing, processing, hearing and final processing of requests for changes, modifications or special consideration under this chapter such as requests for an amendment (map or text), site plan review, conditional use permits, interim use permits and variances are considered to be unique to the applicant requesting the consideration, and it is the intent of this chapter to provide that all costs of the City occasioned by the requests shall be borne by the applicant. Actual costs shall include all engineering, legal, planning or other consultant fees or costs paid by the City for other consultants for expert review of a development application.
(2) Fees. The following fees are established in accordance with § 34.01 of this code of ordinances and listed under the following sections: Sign Permit, Consultation Fees and Development/Zoning/Building Review Fees.
(D) Site plan review.
(1) Purpose. The purpose of this division (D) is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards consistent with the requirements of this chapter.
(2) Site plan review process.
(a) Timeline. Pursuant to M.S. § 15.99, as it may be amended, supplemented or replaced from time to time, an application shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the Planning Commission in accordance with state statutes or a time waiver is granted in writing by the applicant.
(b) Building permits. The Building Official shall approve all plans prior to the issuance of any building permit.
(c) Presentation of the application. The applicant or a representative of the applicant shall appear before the Planning Commission in order to present the case for the application and to answer questions concerning the request. Failure of the applicant or a representative of the applicant to appear at the Planning Commission may constitute grounds for rejection of the application.
(3) Plans required. In order to evaluate compliance with building performance standards, five copies and one electronic file of the following plans and/or specifications, shall be submitted in fulfillment of the requirements of this chapter. Plans to be submitted shall be to scale and shall include:
(a) Topographic map prepared by a licensed surveyor with: contours at one-foot intervals; property boundaries and legal description; all on-site improvements shown; adjacent streets with curb lines and spot elevations at top of curb (or edge of pavement if no curb); existing utilities and service connections; trees over six inches in diameter identified or tree lines if grouped; existing telephone, gas, electric and cable utilities identified as overhead or underground;
(b) Proposed grading, drainage and erosion control plan with: all proposed improvements; proposed contours; proposed drainage system plan; proposed erosion control facilities. Drainage system plan design objective should be to provide controls such that post-development runoff does not exceed predevelopment runoff. Plans and specifications shall be prepared by an architect or engineer, as appropriate, licensed to practice in the state;
(c) Landscape plans shall be required in order to determine compliance with the § 155.10 of this chapter. All landscape plans submitted for approval shall contain or have attached thereto the following information:
1. The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, lighting, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities and other freestanding structural features;
2. The location, quantity, size and name, both botanical and common names, of all proposed planting materials;
3. Existing and proposed grading of the site, including proposed berms, indicating contours, at one-foot intervals;
4. Specification of the type and boundaries of all proposed ground cover;
5. Irrigation plan, if proposed;
6. Elevations, cross-sections of fences, and other details as determined necessary by the Zoning Administrator; and
7. Location, size and name of existing trees, if any, and any unique or special areas of existing vegetation.
(d) Building plans shall be to scale, to include: interior floor layout and usage; UBC (State Building Code) occupancy group; exterior elevation renderings identifying exterior materials and all architectural features. Plans and specifications shall be prepared by an architect or engineer, as appropriate, licensed to practice in the state;
(e) A signage plan shall be submitted per § 155.10 of this chapter;
(f) Exterior lighting plan to be prepared by a licensed electrical engineer or electrician, as appropriate;
(g) Geotechnical investigation (if required by the Zoning Administrator); and
(h) Copies of soils reports shall accompany the plans, if applicable.
(4) Plan agreements. All site and construction plans officially submitted shall be treated as a formal agreement between the owner/developer, building contractor and the Planning Commission. Once approved, no changes, modifications or alterations shall be made to any site plan detail, standard or specification without prior submission of a plan modification request to the Building Official and the Zoning Administrator for review and approval.
(5) Enforcement. The Building Official shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official, or the Zoning Administrator.
(6) Lapse of approval. Unless otherwise specified by the Zoning Administrator or the Planning Commission as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.
(7) Building Code. The review and approval of site improvements pursuant to the requirements of Bridgewater Township adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of the Building and Fire Codes.
(E) Conditional use permits, interim use permits, variances and amendments.
(1) Process. An application for a conditional use permit, interim use permit, variance or zoning text or map amendment shall be processed in accordance with the following procedure.
(a) Timeline. Pursuant to M.S. § 15.99, as ir may be amended, supplemented or replaced from time to time, an application shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the Planning Commission in accordance with state statutes or a time waiver is granted in writing by the applicant.
(b) Application. Applications shall be filed with the Zoning Administrator on an official form, accompanied by a fee as established by this chapter. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed request and a list of property owners located with 350 feet of the subject property. The number of copies to be provided and any additional data shall be determined by the Zoning Administrator. Applications must be complete before they are accepted. A complete application must include the following information and steps:
1. A completed application form(s) relating to the request signed by the property owner and applicant(s), if different than the property owner;
2. All supporting information required by this section and/or outlined in all pertaining sections of this chapter and application documents included with the application forms;
3. Payment of all fees associated with the applicable applications(s);
4. A pre-application meeting with the Zoning Administrator to review appropriate application procedures and requirements is strongly encouraged;
5. An application will be deemed complete unless the Zoning Administrator sends notice within 15 business days of submission of the application indicating that it is not complete and indicating what information is missing; and
6. Upon receipt of a complete application, the request will be scheduled for action by the Planning Commission.
(c) Public hearing required. A public hearing is required for all zoning text or map amendments, conditional use permits, interim use permits, variance requests or appeals.
(d) Notice of hearing. After receipt of a complete application, the Zoning Administrator shall set a date for the public hearing. Notice of the hearing shall consist of a legal property description, a general description of the property location and a description of the request to be published at least ten days prior to the hearing in the official newspaper of the Planning Commission. Written notices shall be mailed not less than ten days, nor more than 30 days, prior to the hearing to all owners of property, according to the records available within 350 feet of each parcel included in the request. Failure to send, or a property owner to receive notice, shall not invalidate any proceedings under this chapter; provided that, a bona fide attempt has been made to comply with the requirements of this chapter.
(e) Presentation of the application. The applicant or a representative of the applicant shall appear before the Planning Commission in order to present the case for the application and to answer questions concerning the request. Failure of the applicant or a representative of the applicant to appear at the Planning Commission may constitute grounds for denial of the application.
(f) Adverse effects. The Planning Commission shall consider possible adverse effects of the proposed amendment, conditional use, interim use or variance. Its judgment shall be based upon (but not limited to) the following factors:
1. The proposed action shall be consistent with the policies and plans in the Comprehensive Plan adopted for the ARD;
2. The proposed action shall be consistent with performance standards as outlined in § 155.10 of this chapter;
3. The proposed use can be accommodated with existing public services; and
4. Approval of a request shall require passage by a majority vote of the Planning Commission. Any changes to the boundaries of land designated as future industrial (see § 155.14 of this chapter) shall require approvals as described in the annexation agreement.
(g) Notice to applicant. The Zoning Administrator shall notify the applicant of the decision of the Planning Commission in writing, including any relevant resolutions and findings.
(h) Filing of notice of action. A certified copy of any conditional use permit, interim use permit or variance authorized under this chapter shall be filed with the County Recorder and a copy of any action approved under this chapter shall be filed with the Zoning Administrator. Filing shall be the responsibility of the applicant.
(i) Reconsideration. Whenever an application has been considered and denied by the Planning Commission, a similar application affecting substantially the same property shall not be considered again by the Planning Commission before the expiration of six months from the date of its denial and any succeeding denials. However, a decision to reconsider the matter may be made by not less than an affirmative vote of five members of the Planning Commission.
(j) Automatic expiration. Unless otherwise specified by the Planning Commission at the time it is authorized, a conditional use permit, interim use permit or variance approval shall be null and void and expire if the applicant fails to implement the approval and fulfill each and every condition attached thereto within one year from the date of its authorization.
(k) Building permits required. No person, firm or corporation shall construct, erect, alter, demolish or move any building or structure or parts thereof within the ARD without first securing a building permit from Bridgewater Township. No building permit shall be issued by the Building Official for construction of a new building within the ARD prior to review and approval of the Zoning Administrator to ensure compliance with this chapter and the Comprehensive Plan.
(2) Site improvement performance agreement. Upon approval of a conditional use permit, interim use permit, site plan review and/or variance, the Planning Commission may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvements or development. The agreement shall guarantee conformance and compliance with the conditions of the approval and this chapter. The performance agreement shall be prepared and approved by the attorney acting on behalf of the Planning Commission and shall include, without limitation, the following terms and conditions.
(a) Performance security. The applicant shall be required to provide financial security to assure compliance with the agreement and conditions of approval. The security shall be in the form of cash escrow or irrevocable letter of credit. The security shall be in an amount determined by the Zoning Administrator or Building Official under the direction and approval of the Planning Commission, to cover the estimated costs of labor and materials for the proposed improvements or development.
(b) Security release. The Planning Commission shall hold the financial security until the proposed improvements or development are completed and a certificate of occupancy indicating compliance with the application approval and the Building Code has been issued by the Building Official.
(c) Security forfeiture. Failure of the applicant to comply with the conditions of the application approval and/or of this chapter shall result in the forfeiture of the security.
(d) Hold harmless and indemnification of the Planning Commission. The applicant shall agree to indemnify and hold harmless the Planning Commission, its agents, representatives and consultants against any and all claims, demands, losses, damages and expenses (including attorney’s fees) arising out of, related to or resulting from the applicant’s negligent or intentional acts, or any violation of any safety law, regulation or code in the implementation of the performance agreement, without any regard to any inspection or review made or not made by the Planning Commission, its agents, employees, representatives or consultants or failure to take any other prudent precaution. In the event any Planning Commission agent or representative shall come under the direct or indirect control of the applicant, or the Planning Commission, upon failure of the applicant to comply with any conditions of the approval, performs the conditions pursuant to the security or the terms and conditions of the agreement, the applicant shall indemnify and hold harmless the Planning Commission, its agents, representatives and consultants for its own negligent or intentional acts in the performance of the applicant’s required work under the permit.
(3) Amendments to zoning text or zoning map (rezoning).
(a) The City Council, Town Board or Planning Commission may initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the ARD may initiate a request to amend the district boundaries or text of this chapter so as to affect the real estate. No changes to the district boundaries shall be made without an amendment to the annexation agreement.
(b) Text amendments shall be subject to review and comment by the Bridgewater Township Town Board and final approval by the Dundas City Council.
(c) All applications to change the boundaries of any zoning district shall include the following information:
1. The information requested on the zoning amendment form;
2. A statement explaining the reason for the requested change in zoning;
3. A statement regarding the compatibility of the requested change with the Comprehensive Plan; and
4. A map, plot plan or survey plot of the property or properties to be rezoned which illustrates the location, dimensions, zoning, existing uses and buildings located on adjacent properties within 350 feet.
(d) The Planning Commission shall not approve a petition to rezone property unless findings are made that the petition is consistent with the intent of the annexation agreement, Comprehensive Plan and that the new zoning district permits uses that are consistent with the trend of development in the area near the property to be rezoned.
(e) Zoning amendments shall not become effective until such time as the Planning Commission approves an ordinance reflecting the amendment and it is adopted by the City Council and published in the official newspaper.
(4) Conditional use permits.
(a) The conditional use permit application shall be accompanied by a site plan which shall include the following information:
1. Location of all buildings on lots including both existing and proposed structures;
2. Location and number of existing and proposed parking spaces;
3. Lot dimensions and area;
4. Existing and proposed setbacks of all buildings to be located on the property in question; and
5. A legal description of property under consideration.
(b) In making its determination on a proposed conditional use, the Planning Commission may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises and any other factor(s) the Planning Commission deems necessary in its consideration for determining the effect of the use on the general welfare, public health and safety.
(c) 1. Granted conditional use permits shall become void if the applicant does not proceed substantially on the work within six months, if applicable. To proceed substantially means to make visible improvement to the property. One or more extensions for not more than six months each may be granted by the Planning Commission for good cause.
2. If the land does not conform to the conditions of the permit, the conditional use permit may be revoked after notice to the applicant of a public hearing for the intended revocation and passage of a resolution by the Planning Commission to that effect.
(5) Interim use permits.
(a) Purpose and intent. The purpose and intent of allowing interim uses is:
1. To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction;
2. To allow a use that is presently judged acceptable by the City’s Planning Commission, but that with anticipated development or redevelopment, will not be acceptable in the future or may be replaced in the future by a permitted or conditional use allowed within the district; and
3. To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan; provided that, the use maintains harmony and compatibility with surrounding uses and is in keeping with the general character of existing uses and development.
(b) Criteria. The Planning Commission shall consider possible effects of the proposed interim use. Its judgment shall be based upon, but not limited to, consistency with the Comprehensive Plan for the ARD and the factors outlined herein.
(c) General performance standards. As may be applicable, the evaluation of any proposed interim use permit request shall be subject to and include, without limitation:
1. The date or event that will terminate the use shall be identified with certainty;
2. The use is allowed as an interim use in the Annexation Reserve District;
3. The use shall not impose additional unreasonable costs on the public; and
4. The user agrees to conditions that the Planning Commission deems appropriate for permission of the use.
(d) Termination. An interim use shall terminate upon the happening of any of the following events, whichever occurs first:
1. Upon the date or event stated in the permit;
2. Upon violation of any condition under which the permit was issued;
3. Upon change in this chapter that renders the use non-conforming;
4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district; and
5. Annexation of the land to the City.
(e) Revocation. If an approved interim use permit is in violation the conditions of permit approval, the Planning Commission may revoke the interim use permit. The Planning Commission shall conduct a public hearing to consider the revocation of an interim use permit. Notifications of the hearings shall be distributed and published according to division (E)(1)(d) above.
(6) Variances.
(a) Establishment of Board of Adjustment. The Planning Commission is hereby established as the Board of Adjustment and vested with the authority as is provided by state statutes. The findings and rulings of the Board of Adjustment shall be final.
(b) Purpose. A request for variance from the literal provisions of this chapter may be made in instances where strict enforcement would cause undue hardship to the property owner, due to the physically unique characteristics of the property beyond the property owner’s control. No variance or modification of the uses permitted within a district shall be allowed, except as an official amendment to this chapter. Economic considerations alone shall not constitute a hardship.
(c) Findings of fact. In acting upon the request for a variance the Planning Commission shall make the following findings of fact:
1. The proposed variance will not impair an adequate supply of light and air to adjacent property;
2. The proposed variance will not unreasonably increase the congestion in the public street;
3. The proposed variance will not unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this chapter;
4. The applicant’s property has unique physical characteristics that are not generally similar to other properties in the same zoning district; and
5. The applicant will experience undue hardship, other than economic hardship, if the variance is not approved.
(d) Lapse of variance. Whenever within one year following the granting of a variance or appeal, the work as permitted has not been completed or substantially completed, then the variance or appeal shall become null and void.
(F) Non-conforming buildings, structures and uses.
(1) Purpose. The purpose of this division (F) is to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. It is the intent of this division (F) that all non-conforming uses shall be eventually brought into conformity.
(2) General provisions.
(a) Any structure or use lawfully existing upon the effective date of this chapter may be continued through repair, replacement, restoration, maintenance or improvement at the size and in the same manner of operation existing upon the date. Furthermore, an expansion of the non-conformity may be permitted by the Board of Adjustment; provided, reasonable regulations to prevent and abate nuisances and to protect the public health, welfare and safety are included as conditions of the expansion.
(b) If a non-conforming building, structure or use is destroyed to the extent of more than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, then the building and the land on which the building was located shall be subject to all the regulations specified by this chapter for the district in which it is located. If the damage is less than 50%, the building may be restored to its former condition, if it is reconstructed within 12 months after the date of the damage.
(c) Normal maintenance of a building or other structure containing or relating to a lawful non-conforming use is permitted, as long as such repairs or alterations do not physically extend or intensify the non-conforming use.
(d) In the event that a non-conforming use of any building or building and land is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.
(3) Non-conforming uses in the floodplain. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued, subject to the following conditions.
(a) No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.
(b) Any alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted in the regulations of the Floodplain Overlay District.
(c) A municipality shall regulate the use of non-conforming lots of record and the repair, replacement, maintenance, improvement or expansion of non-conforming uses and structures and setbacks according to the following:
1. A non-conforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements; provided that:
a. All structure and septic system setback distance requirements can be met;
b. A Type 1 sewage treatment system consistent with Minn. Rules Ch. 7080 can be installed or the lot is connected to a public sewer; and
c. The impervious surface coverage does not exceed 25% of the lot.
2. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minn. Rules Ch. 6120;
b. The lot must be connected to a public sewer, if available, or must be suitable for installation of a Type 1 sewage treatment system consistent with Minn. Rules Ch. 7080 and local government controls;
c. Impervious surface coverage must not exceed 25% of each lot; and
d. Development of the lot must be consistent with the adopted Comprehensive Plan.
3. If a lot does not meet the requirements of division (F)(3)(c)2. above, it must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible. Notwithstanding, contiguous non-conforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of M.S. § 115.55 and Minn. Rules Ch. 7080 or connected to a public sewer.
4. In evaluation of all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setbacks, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities and other conservation-designed actions.
5. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the created parcel is combined with an adjacent parcel.
(d) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of 12 months.
(e) If a non-conforming building, structure, or use is destroyed to the extent of more than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, then the building and the land on which the building was located shall be subject to all the regulations specified by this chapter for the district in which it is located. If the damage is less than 50%, the building may be restored to its former condition, if it is reconstructed within 12 months after the date of the damage.
(4) Non-conforming uses in the Cannon River Recreational District.
(a) Non-conforming uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use or activity. No structural alteration, addition or repair to a non-conforming structure shall exceed 50% of the assessed value of that structure.
(b) Non-conforming sanitary systems inconsistent with the minimum performance standards of the state’s Pollution Control Agency and the state’s Department of Health shall be brought into conformity or discontinued within five years of the date of enactment of this chapter.
(c) Substandard structures in existence prior to the effective date of enactment of this chapter that do not meet the minimum setbacks or other dimensional requirements of this chapter are substandard structures. All substandard structures shall be allowed to continue; except that, any structural alteration or addition to a substandard structure that will increase the substandard dimensions shall not be allowed.
(d) Substandard lots of record in the office of the County Register of Deeds (or Registrar of Titles) prior to the date of enactment of this chapter which do not meet the lot size requirements of § 155.07(B) of this chapter may be allowed as building sites; provided:
1. Such use is permitted in the zoning district;
2. The lot is in separate ownership from abutting lands; and
3. All other sanitary and dimensional requirements of this chapter are complied with insofar as practical.
(G) Enforcement. This chapter shall be administered and enforced by the Zoning Administrator. It shall be unlawful to violate a provision of this chapter. The Zoning Administrator may institute in the name of the Planning Commission appropriate actions or proceedings against a violator.
(1) Enforcement procedure. For the enforcement of the provisions of this chapter, the first zoning violation notice shall be sent by regular mail, and the second notice will be sent by certified mail, return receipt requested to the property owner of which the violation is taking place. All zoning violation notices shall contain the following information:
(a) A description of the violation that is taking place;
(b) A picture (if possible) of the violation that is taking place;
(c) Location and/or address of the property at which the violation is taking place;
(d) Identification of the section of this chapter that is being violated;
(e) Date the violation was discovered;
(f) Steps necessary to correct the violation; and
(g) Deadline in which the violation must be corrected, which shall be 30 days unless an extension is granted by the Zoning Administrator.
(2) Correction of the zoning violation. Upon correction of the violation in the manner stipulated by the zoning violation notice at any point during this enforcement process, the Zoning Administrator shall take no further enforcement activity with respect to the specific violation incident.
(3) Failure to correct zoning violation; enforcement remedies. Failure to correct the zoning violation, as evidenced by clear documentation of communication with the landowner and the prior approval of the Planning Commission, shall result in the Zoning Administrator, on behalf of the Planning Commission, pursuing enforcement action following notification to the property owner. The Zoning Administrator, on behalf of the Planning Commission, shall have the authority to carry out the following enforcement remedies.
(a) Withhold permits. The Zoning Administrator, on behalf of the Planning Commission, shall have the authority to withhold or deny any and all permits or approvals under this chapter until the violation is corrected to the satisfaction of the Zoning Administrator.
(b) Stop work order. The Zoning Administrator shall have the authority to issue a stop work order on the property in violation.
(c) Abatement. The Zoning Administrator shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice. Abatement action shall not proceed until after a hearing before the Planning Commission.
(d) Civil and criminal remedies. This chapter may be enforced by appropriate civil action including injunctive and other equitable processes to enforce the provisions of this chapter and, at the discretion of the civil court, shall recover reasonable court costs and attorney’s fees that are incurred due to the enforcement of the subject violation. Any person who violates any provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law.
(e) Cumulative remedies. The powers and remedies of this chapter shall not be individually limited and are not exclusive. The powers and remedies of this chapter are cumulative and all power and remedies may apply and any other remedies allowed under state law. Failure to exercise any remedy shall not be a waiver of that remedy.
(H) Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid.