This Ordinance and the various parts, sections, subsections and clauses thereof, are (hereby) declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, (it is hereby proposed that) the remainder of the ordinance shall not be affected thereby. If any part, sentence, paragraph, subsection, or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, (it is hereby provided that) the application of such portion of the Ordinance to the property, building or structures shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing a Cluster Development, Planned Unit Development or any variance, special use, nonconforming use, compliance permit, occupancy permit, site plan approval, or certificate of nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition of limitation necessary to carry out the spirit and purpose of this Ordinance or the requirement of some provision hereof, to protect the public health, safety and welfare and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(Ord. No. 316, 5-19-2008)

Ordinance No. 195 as amended, entitled "Zoning Ordinance of the Village of Berrien Springs" is expressly amended in its entirety and all other ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent they conflict with this Ordinance.

(Ord. No. 316, 5-19-2008)

This ordinance shall become effective on the 7th day of following the publication of the notice of adoption.

(Ord. No. 316, 5-19-2008)

Public Hearing having been duly held on April 28, 2008, by the Village Council this Comprehensive Zoning Ordinance Amendment was duly adopted at a regular meeting of the Village Council of the Village of Berrien Springs, Berrien County, Michigan on May 19, 2008.

(Ord. No. 316, 5-19-2008)