Loading...
A. Conflict With State Or Federal Regulations: If provisions of this title are inconsistent with provisions of State or Federal law or regulations, the provisions that impose the greater restriction or more stringent controls shall apply, to the extent permitted by law.
B. Conflict With Other City Regulations: If provisions of this title are inconsistent with one another; or if they conflict with provisions of other ordinances or regulations of the City, the provisions that impose greater restrictions or more stringent controls shall apply.
C. Conflict With Other Agreements: It is not the intent of this title to interfere with or nullify any easements, covenants or agreements which are not in conflict with the provisions of this title. (Ord. 567, 3-20-2017)
A. Meanings And Intent: The wording of this title is intended to be read literally. Standards are no more or less strict than stated. Words defined in section 11-23-4, "Definitions", of this title have the specific meaning provided. Section 11-23-4, "Definitions", of this title, contains a procedure to address words not defined in said section.
B. Headings And Illustrations: Headings and illustrations are provided for convenience and reference only and do not change or limit the provisions of this title. In case of any difference of meaning or implication between the text of this title and any heading, figure or illustration, the text shall apply.
C. Current Versions And Citations: All references to documents or to other Municipal, County, State or Federal regulations must be interpreted as references to the most recent version of the documents or regulations.
D. Delegation Of Responsibility: Whenever a provision requires an officer, board or commission to perform an act of duty, that provision will be construed as authorizing the referenced officer, board or commission to delegate that responsibility to others over whom they have authority, unless such delegation is prohibited by statute. (Ord. 567, 3-20-2017)
A. Violations Continue: Any violation of the previous Development Code or Zoning Ordinance will continue to be a violation under this title and be subject to penalties and remedies under chapter 22, "Enforcement", of this title, unless the use, development, construction or other action complies with the provisions of this title.
B. Vested Rights:
1. Approved Projects: Projects with valid approval(s) or permits may be completed or continued in accordance with the development standards in effect at the time of approval(s), provided the permit or approval is valid and has not passed.
2. Legal Nonconformities Under Prior Ordinance: Any legal nonconformity under the previous Development Code or ordinance will continue to be a legal nonconformity under this title if the basis for the nonconformity under the previous code continues to exist. If a nonconformity under the previous code is made conforming by the adoption of this title, then the situation will no longer be a nonconformity.
3. Uses, Lots, Structures And Sites Rendered Nonconforming:
a. Uses: If a lot, building or site is used for a purpose that complied with the previous Development Code before the effective date of this title and this title no longer classifies such use as either a permitted or conditional use in the zoning district in which it is located, such use shall be a nonconforming use and shall be controlled by the provisions of chapter 20, "Nonconformities", of this title.
b. Structures, Sites: Where a building, structure, lot or site legally existing on the effective date of this title does not meet all of the development standards established by this title, such building, structure, lot or site shall be nonconforming and shall be controlled by chapter 20, "Nonconformities", of this title.
C. Transition To New Zoning Districts: Upon the effective date of this title, land that is zoned with a zoning district classification from the previous zoning regulations shall be re- classified to one of the zoning district classifications established in this title. The new Official Zoning Map shall establish the boundaries of the new zoning districts and shall be adopted by separate action of the City Council. (Ord. 567, 3-20-2017)
Should any section or provision of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. The Zoning Commission and the City Council hereby declare that it would have enacted the remainder of this title even without such part or provision found invalid. (Ord. 567, 3-20-2017)