(A) In their interpretation and application the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
(B) Conflicts 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 provision of law. Where any provision of these regulations imposes restrictions different from those imposed by rule or regulation, or other provision of law, those provisions which 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 easements, covenants, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Advisory Plan Commission or Board of Zoning Appeals in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. Private provisions can only be enforced privately unless a public agency such as the Town of Long Beach has been made a party to such agreement.
(3) Separability. 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 judgement shall be confined in its operation to the part, provision, or application directly involved in all controversy in which such judgement 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 town hereby declares that it would have enacted the remainder of the these regulations even without any such part, provision or application.
(Ord. 0203, passed 6-10-02)