[R.O. 1991 § 400.060; Ord. No. 2865-13 § 1(Exh.
A § 400.060), 4-2-2013]
A. In the construction of these regulations,
the provisions and rules of this Section shall be preserved and applied,
except when the context clearly requires otherwise:
1.
Words used in the present tense shall
include the future.
2.
Words in the singular number include
the plural number, and words in the plural number include the singular
number.
3.
The phrase "use for" shall include
the phrases "arranged for," "designed for," "intended for," "maintained
for" and "occupied for."
4.
The word "shall" is mandatory.
5.
The word "may" is permissive.
6.
The word "person" includes individuals,
firms, corporations, associations, governmental bodies and agencies,
and all other legal entities.
7.
The word "Board" means the Board
of Adjustment.
8.
Unless otherwise specified, all distances
shall be measured horizontally.
9.
The word "City" means City of Smithville,
Missouri.
10.
The abbreviation "N/A" means not
applicable.
B. Any word or phrase which is defined in
this Article or elsewhere in these regulations shall have the meaning
as so defined whenever the word or phrase is used in these regulations,
unless such definition is expressly limited in its meaning or scope.
[R.O. 1991 § 400.065; Ord. No. 2865-13 § 1(Exh.
A § 400.065), 4-2-2013]
A. Minimum Requirements. In their interpretation
and application, the provisions of these regulations shall be held
to be the minimum requirements for the promotion of the public health,
safety, morals and welfare.
B. Overlapping Or Contradictory Regulations.
Where the conditions imposed by any provision of these regulations
upon the use of land or structures are either more restrictive or
less restrictive than comparable conditions imposed by any other provision
of any other law, ordinance, resolution, rule or regulations of any
kind, the regulations which are more restrictive shall govern.
C. Private Agreements. These regulations are
not intended to abrogate, annul or otherwise interfere with any easement,
covenant or any other private agreement of legal relationship; provided
however, that where the provisions of these regulations are more restrictive
(or impose higher standards of requirements) than such easements,
covenants or other private agreements or legal relationships, the
provisions of these regulations shall govern.
D. Unlawful Uses. No structure or use which
was not lawfully existing at the time of the adoption of these regulations
shall become or be made lawful solely by reason of the adoption of
these regulations; and to the extent that, and in any respect that,
said unlawful structure or use is in conflict with the requirements
of these regulations, said structure or use remains unlawful hereunder.
[R.O. 1991 § 400.070; Ord. No. 2865-13 § 1(Exh.
A § 400.070), 4-2-2013]
A. It is hereby declared to be the intention
of the City that the several provisions of these regulations are separable
in accordance with the following rules:
1.
If any court of competent jurisdiction
shall adjudge any provision of these regulations to be invalid, such
judgment shall not affect any other provisions of these regulations.
2.
If any court of competent jurisdiction
shall adjudge invalid the application of any provision of these regulations
to a particular property or structure, such judgment shall not affect
the application of said provisions to any other property or structure.