In their interpretation and application, the provisions of this chapter shall be liberally construed in favor of the City as minimum requirements adopted for the purposes stated.

(1)

Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or regulations of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(2)

This chapter is not intended to abrogate any easement, covenant, or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenants, or other private agreements, the requirements of this chapter shall govern.

(Code 1976, § 18.16.010)

All structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(1)

Any building, structure, or use of land, building, or structure that was nonconforming prior to the effective date of the ordinance codified in this chapter which clearly complies with the intent, purposes, and all regulations of this article shall be considered lawful and conforming. Any building, structure, or use of land, buildings, or structure which is in conflict with the requirements of this article, shall be nonconforming to the extent of the conflict and shall be subject to the provisions of nonconforming buildings, structures and uses.

(2)

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance codified in this chapter, and provided construction is begun within 90 days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of nonconforming buildings, structures and uses.

(Code 1976, § 18.16.020)

It is hereby declared to be the intention of the City Council that the several provisions of this chapter are severable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in the judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in the judgment.

(Code 1976, § 18.16.030)

(a)

No person shall use, develop, or maintain any parcel of land, building, or structure, or any part of any of the foregoing, within the City, except as specifically allowed by a valid conditional use permit or by the applicable chapter or section of this chapter. No person shall use, develop, or maintain any parcel of land, building, or structure, or any part of any of the foregoing, within the City, except as specifically allowed pursuant to the applicable zoning regulations and other such regulations which apply to such land, building, or structure, including, but not limited to, limitations on the number of buildings on any lot or parcel of land, vision clearance, other obstructions, use lists, height limitations, setback requirements, off-street parking, off-street loading, and accessory buildings, structures, and uses.

(b)

Except as specifically allowed pursuant to the provisions of this chapter, no person shall use, develop, maintain, sell, transfer, or convey any parcel of land or part thereof which has been represented to be, or has been used as, or has been agreed to be used as, or was set aside as a fulfillment of any regulation or requirement of this chapter or of any other ordinance of the City, including, but not limited to, green area, off-street parking, and off-street loading, when such use, development, maintenance, sale, transfer, or conveyance does or would result in noncompliance with any such regulation or requirement.

(c)

No building, occupancy, or conditional use permit shall be issued to any person when the proposed use or development would violate any of the provisions of this article. This prohibition includes any violation resulting from a change of use of any land, building or structure previously used to fulfill a condition or requirement of this article or any other ordinance or part thereof of the City. There are many parts of this article which specify certain activities that may be accomplished in the future in order to comply fully with all requirements and regulations imposed by this article for particular uses. Examples of such future activities are construction of required off-street parking spaces and planting and maintenance of green areas. If any use or development is commenced and some activity or activities are specified as requirements for such use or development, these positive steps must be completed within any applicable time limit, or within a reasonable time if no time limit is imposed, or within 60 days of the mailing of written notice by the City that such requirements must be fulfilled. Such written notice may specify a longer period of time for compliance. No person shall fail to take such required action or actions specified herein.

(Code 1976, § 18.16.040)