Ash Grove City Zoning Code
ARTICLE XIII
Miscellaneous Provisions
Section 405.660 Reasonableness of Ordinance.
[R.O. 2012 §405.660; Ord. No. 727 §1, 3-6-2000]
Any taxpayer or any other person having an interest in property affected by this Chapter, may have the reasonableness of this Chapter or regulation determined by bringing an action, in the Circuit Court of the County in which such City is situated, against the Board of Aldermen for said City.
Section 405.670 Validity.
[R.O. 2012 §405.670; Ord. No. 727 §1, 3-6-2000]
Should any Section, Subsection, sentence, clause, or provision of this act be determined to be unconstitutional or invalid by a court of competent jurisdiction, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so determined to be unconstitutional or invalid. The legislative body of the City hereby declares that it would have passed this Chapter and each Section, Subsection, sentence, clause, or provision thereof, irrespective of the fact any one (1) or more Sections, Subsections, sentences, clauses or provisions be declared invalid.
Section 405.680 Grandfather Clause.
[R.O. 2012 §405.680; Ord. No. 727 §1, 3-6-2000]
This is the definition of a "grandfather clause" that has been used by the Ash Grove Planning and Zoning Commission.
The status given to property on the use of that property that existed before the present regulations were enacted on November 2, 1970. An existing structure or existing use of property cannot be forced to change by a new regulation. However, if a change is made in a structure or the usage of property, whether by design or an act of God, then the planning and zoning regulations will apply. (Affirmed by the Ash Grove Planning and Zoning Commission on November 21, 1994.)