A. Conflict With Other Instruments: In case of conflict between any part of this Title and any other valid legal instrument, the most restrictive provisions shall apply in every case.
B. Validity And Separability: If any provision of this Title is held invalid or unconstitutional by any court of competent jurisdiction, such a decision shall not affect the validity of any other provision of this Title. It is hereby declared to be the intention of the Board of Trustees of the Village that all provisions of this Title are separable.
C. Minimum Requirements And Interpretation: In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare.
Where the regulations imposed by any provision of this Title upon the use of land or buildings, the bulk of buildings, lot area requirements or yard requirements are either more restrictive or less restrictive than comparable regulations for the same district imposed by any other provision of this Title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
This Title is not intended to abrogate any easement, covenant or other private agreement; provided that where the regulations of this Title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Title shall govern.
No building, structure or use that is unlawful at the time of the adoption of this Title shall become or be made lawful solely by reason of the adoption of the Ordinance codified in this Title. To the extent that an unlawful building, structure or use is in conflict with the requirements of this Title, said building, structure or use remains unlawful.
D. Transition Rules: The following rules shall apply for the purpose of allowing an orderly transition from the prior zoning ordinance of the Village to the provisions of this Title.
1. When a parcel of land is used for a purpose which was a lawful use on the effective date of the Ordinance codified in this Title and the use is classified as a permitted use in the district in which it is located by this Title, such use shall be classified as a lawful permitted use for the purposes of this Title. However, if such parcel of land or any buildings or structures on it do not conform with all other requirements of this Title, the continued use of said parcel and the buildings and structures on it shall be controlled by the provisions of Chapter 6 of this Title dealing with nonconforming buildings, structures and uses.
2. When a parcel of land is used for a purpose which was a lawful use on the effective date of the Ordinance codified in this Title and such use is classified as a special use in the district in which it is located by this Title, such use shall be classified as a lawful special use for the purposes of this Title. However, if such lawful use was a special use, and if the permit granting such special use was subject to one or more conditions, such condition or conditions shall continue in full force and effect under this Title unless a new special use permit is obtained in accordance with the provisions of this Title; and if such parcel of land or any building or structures on it do not conform with all other requirements of this Title, the continued use of said parcel and the buildings and structures on it shall be controlled by the provisions of Chapter 6 of this Title dealing with nonconforming buildings, structures and uses.
3. Any addition or expansion of a lawful special use shall be permitted only in accordance with the same procedures as those required by this Title for a new special use and any change in use to a new use other than a permitted use shall be permitted only if such new use is classified as a special use under this Title and in accordance with the same procedures as required by this Title for a new special use.
4. When a parcel of land is used for a purpose which was a lawful use on the effective date of the Ordinance codified in this Title and such purpose is no longer classified as either a permitted use or a special use in the district in which it is located by this Title, such use shall be classified as a nonconforming use and shall be controlled by the provisions of Chapter 6 of this Title dealing with nonconforming buildings, structures and uses.
5. When a building permit for a building or structure has been issued in accordance with law prior to the effective date of the Ordinance codified in this Title, and when construction has begun within six (6) months of the issuance of such permit and is being prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy for the use originally designed.
6. All variations granted prior to the effective date of the Ordinance codified in this Title shall remain in full force and effect. (Ord. 90-O-16, 7-3-1990)