From and after the date of original enactment, January 31, 1980, the use of all land and every building, or portion of a building erected, altered in respect to height or area, added to, or relocated, and every use within a building or use accessory thereto in the City of Dayton shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use of properties not in conformity with the regulations herein prescribed which is lawful, shall be regarded as non-conforming, but may be continued, extended or changed, subject to the special regulations herein provided with respect to non-conforming uses.

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any other statute, ordinance or regulation impose greater restrictions than this chapter, the provision of such other statute, ordinance or regulation shall be controlling.

   This chapter does not abrogate any easement, covenant, or any other private agreement where it is not legally enforceable provided that where the regulation of this chapter is more restrictive (or imposes higher standards or requirements) than the easements, covenants or other private agreements, the requirements of this chapter shall govern.

(Prior Code, § 1001.02)