In interpreting and applying the provisions of this Ordinance,
they shall be held to [be] the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity or
annul any easements, covenants or other agreements between parties
[sic], provided, however, that where this Ordinance imposes a greater
restriction upon this use of buildings or premises or upon height
of buildings, or requires larger open spaces than are imposed or required
by agreements, the provisions of this Ordinance shall govern. This
Ordinance is also not intended to abrogate or annul any lawfully obtained
permit issued prior to the effective date of this Ordinance.
By the passage of this Ordinance, no presently illegal use shall
be deemed to have been legalized unless such use specifically falls
within a use district where the actual use is a conforming use. Otherwise,
such uses shall remain nonconforming uses where recognized, or an
illegal use, as the case may be. It is further the intent and declared
purpose of this Ordinance that no offense committed, and no liability,
penalty or forfeiture, either civil or criminal, incurred prior to
the time the previous Zoning Ordinance was repealed and this Zoning
Ordinance adopted, shall be discharged or affected by such repeal
and adoption of this Ordinance; but prosecutions and suits for such
offenses, liabilities, penalties or forfeitures may be instituted
or causes presently pending proceeded with in all respects as if such
prior ordinance had not been repealed.
If any section, paragraph, subdivision, clause, phrase, or provision
of this Ordinance shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this Ordinance as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
(Ordinance O-03-09, adopted 4/20/09)