§ 17.01.030. Applicability, interpretation, and severability.  


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  • All City departments, officials, and public employees vested with the authority to issue permits or licenses, must comply with the provisions of this Zoning Ordinance. No license or permit for uses or structures that would be in conflict with this Zoning Ordinance shall be issued or otherwise permitted. The following will apply in the interpretation of certain provisions of this Zoning Ordinance:

    A.

    Uncertainty in Interpretation. Where uncertainty exists regarding the interpretation of any provision of this Zoning Ordinance, or its application to a specific case or situation, the Planning Director is authorized to interpret the intent of the provision in question. Thereafter, the Planning Director's interpretation shall apply in all similar situations, unless modified by the Planning Commission or City Council, on appeal.

    B.

    Abrogation of Other Regulations. No provision of this Zoning Ordinance is intended to abrogate or interfere with any deed restriction, covenant, easement, or other legal agreement or any such agreements that are more restrictive than those provisions contained within this Zoning Ordinance.

    C.

    Preemption. In those instances where this Zoning Ordinance imposes greater restriction than that required by an existing regulation, this Zoning Ordinance will preempt the existing regulation. The following rules that govern the preemption of any existing code(s) and regulation(s), shall apply:

    1.

    The provisions of this Zoning Ordinance shall not be interpreted to repeal, amend, modify, alter, or change any other code or regulation that was not specifically repealed, amended, modified, altered, or changed.

    2.

    Nothing in this Zoning Ordinance shall be interpreted to authorize the use of a lot or parcel in any manner that is in violation of any other applicable statute, code, or regulation.

    3.

    Whenever the provisions of this Zoning Ordinance are different from the provisions of any other ordinance, regulation, adopted code, the more restrictive provisions shall apply.

    4.

    The rights granted by any permit, license, or other approval under any ordinance repealed by this Zoning Ordinance will be permitted to continue. In the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this Title.

    D.

    Severability of this Zoning Ordinance. This Zoning Ordinance is severable in the event that any part, sentence, paragraph, section, or clause is found to be unconstitutional or otherwise invalid. In such instances, the remainder of this Zoning Ordinance shall not be affected.

    E.

    Limitations of Land Use. Except as provided in this title, no building shall be erected, reconstructed, or structurally altered nor shall any building or land be used for any purpose except as that specifically permitted in this Zoning Ordinance.

(Ord. 920 §2, 9/2007)