40.1
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 general welfare. It is
not intended by this ordinance to interfere with or abrogate or annul
any easements, covenants or other agreements between parties, provided,
however, that where this ordinance imposes a greater restriction upon
the 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.
(Ordinance 99-799, sec. 1, adopted 4/27/99)
41.1
By the
passage of this ordinance, no presently illegal use shall be deemed
to have been legalized unless specifically such use falls within a
use district where the actual use is a conforming use or deemed to
be a conforming use by this ordinance. 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the existing zoning ordinance was repealed and this zoning ordinance
adopted, shall be discharged or affected by such repeal; 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respects as if such prior ordinance had not been repealed.
(Ordinance 99-799, sec. 1, adopted 4/27/99)
42.1
Any person
or corporation violating any of the provisions of this ordinance shall,
upon conviction, be fined any sum not exceeding $2,000.00 and each
and every day that the provisions of this ordinance are violated shall
constitute a separate and distinct offense. In addition to the said
penalty provided for, the right is hereby conferred and extended upon
any property owner owning property in any district, where such property
owner may be affected or invaded, by a violation of the terms of the
ordinance, to bring suit in such court or courts having jurisdiction
thereof and obtain such remedies as may be available at law and in
equity in the protection of the rights of such property owners.
(Ordinance 99-799, sec. 1, adopted 4/27/99)
43.1
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 99-799, sec. 1, adopted 4/27/99)
