(A) Scope and jurisdiction. This chapter is intended to promote the public health, safety, morals, comfort, convenience, order and general welfare; lessen danger and congestion of transportation and travel; prevent overcrowding of land; avoid undue concentration of population; provide adequate light, air, open space and public facilities; prevent undue encroachments; conserve the value of property and encourage the most appropriate uses of land; and promote the conservation and rational development of the city in accordance with the Comprehensive Plan.
(B) Uniform application. The interpretation and application of this chapter shall be applied to all areas within the corporate limits of the city. The use of all land and any buildings or structures located on the land; and the construction, reconstruction, alteration, expansion, relocation, removal or demolition of any buildings or structures upon the land shall conform to all regulations applicable to the zone in which the land is located, except as otherwise provided in this chapter.
(C) Interpretation of provisions. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with, abrogate or annul any easements or covenants between parties; provided, however, that, where this chapter imposes greater restrictions upon the use of buildings or premises than are imposed by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants or agreements, the provisions of this chapter shall control; and where the provision of such easements, covenants or laws impose greater restrictions upon the use of buildings or premises than this chapter, such provision of easements, covenants or laws shall control.
(D) Severability. In the event any portion of this chapter shall be ruled invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of this chapter shall not thereby be invalidated but shall remain in full force and effect.
(E) Ambiguity. If ambiguity arises concerning the content or application of this chapter, it shall be the duty of the Board of Adjustment to ascertain all pertinent facts and set forth its findings and interpretation by formal resolution.
(F) Effect on public lands. All property owned, leased or operated by the city, or any other public or governmental body or agency, shall be subject to the terms of this chapter.
(2002 Code, § 154.002) (Ord. 486, passed 5-12-2003)