A.
It is hereby declared to be the intent of the Sweden
Town Board that:
(1)
If a court of competent jurisdiction finds any provisions
of this chapter invalid, in whole or in part, the effect of such decision
shall be limited to those provisions which are expressly stated in
the decision to be invalid, and all other provisions of the chapter
shall continue to be separately and fully effective.
(2)
If a court of competent jurisdiction finds the application
of any provision of this chapter to any building, other structure
or tract of land to be invalid, in whole or in part, the effect of
such decision shall be limited to the person, property or situation
involved in the controversy, and the application of any such provision
to any other person, property or situation shall not be affected.
B.
If any clause, sentence, paragraph, word, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be unconstitutional, illegal or invalid, such judgment
shall not affect, impair or invalidate the clause, sentence, paragraph,
word, section or part thereof not directly involved in the controversy
in which such judgment shall have been rendered.
All rules, regulations and ordinances of this
Town inconsistent with this chapter, and specifically the Town Zoning
Ordinance adopted August 24, 1953, as amended, are repealed simultaneously
with the adoption of this chapter, except that this chapter does not
repeal, abrogate or impair conditions now existing, or permits previously
issued relating to the erection or alteration of structures, or the
use of the premises then required by existing provisions of law, ordinances,
regulations or permits. The provisions hereof shall control insofar
as the same are legally permissible.
