(A) Interpretation, purpose and conflict. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenants or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern, provided that nothing in this chapter shall be construed to amend or repeal any other existing ordinance of the town.
(B) Re-enactment and repeal of existing zoning chapter. This chapter in part carries forward by re-enactment some of the provisions of the zoning chapter of the Town of Fairmont adopted by the Town Board, as amended, and it is not the intention to repeal but rather to re-enact and continue in force existing provisions so that all rights and liabilities that have accrued hereunder are preserved and may be enforced. All provisions of the zoning chapter of the Town of Fairmont enacted November, 1966 as amended, which are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter but shall be prosecuted to their finality the same as if this chapter had not been adopted; any and all violations of the existing zoning chapter prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this chapter shall be construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.
(C) Validity. Should any section or provisions of this chapter be declared by the courts to be unconstitutional or invalid, the declaration shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. passed 5- -1977)