(A) Invalidation. Should any section, sentence, clause, phrase or word of this UDO be held invalid or unconstitutional by a court of competent jurisdiction of either the state or the United States, the decision shall not affect, impair or invalidate the validity of the remaining parts of this UDO which can be given effect without the invalid provision.
(B) Prejudicial application. If any section, sentence, clause, phrase or word of this UDO be held invalid or unconstitutional in its application to a particular case, the decision shall not affect or prejudice its application to other cases.
(C) Lawful presumption. There shall be a conclusive presumption when a zoning administrator or board authorizes regulatory action, that the administrator or board would not have authorized that action except in the belief that the action was lawful.
(D) Legal status provisions.
(1) Effect on rights and liabilities under the prior Flood Damage Prevention Ordinance. This section in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted 4-28-1987 (original adoption date of the Flood Damage Prevention Ordinance) as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of the existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this section shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance, enacted on 4-28-1987 (original adoption date of this UDO), as amended, which are not reenacted herein are repealed.
(2) Effect upon outstanding building permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this section; provided, however, that when construction is not begun under the outstanding permit within a period of six months subsequent to passage of this section or any revision thereto, construction or use shall be in conformity with the provisions of this section.
(Ord. passed 7-25-2011)