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Lincolnton City Zoning Code

LEGAL STATUS

PROVISIONS

§ 153.330 CONFLICT WITH OTHER LAWS.

   (A)   It is not intended that this chapter repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. Notwithstanding, whenever the regulations of this chapter require a greater width or size of yards, or other open space, or require a lower height of buildings or fewer number of stories or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute or agreement, the regulations and requirements of this chapter shall govern.
   (B)   Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this chapter, the provisions of the statute or agreement shall govern except that § 153.315(H)(4) of this chapter shall be construed as written.
   (C)   This chapter is in part carried forward by re-enactment of some of the provisions of the Zoning Ordinance of the city (adopted by the City Council on November 1, 1990, as amended) and it is not the intention to repeal but rather to re-enact and continue in force the existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the Zoning Ordinance of the city enacted on November 1, 1990, as amended, which are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter but shall be prosecuted to its finality, the same as if this chapter had not been adopted, and any and all violations of the existing zoning ordinance, prosecutions for which have not yet been initiated, may be hereafter filed and prosecuted. Nothing in this chapter shall be construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.
(Prior UDO, § 21.1)

§ 153.331 SEPARABILITY.

   Should any section or provisions of this chapter be declared by the courts to be unconstitutional or invalid, the declaration shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Prior UDO, § 21.2)

§ 153.332 EFFECTIVE DATE.

   This chapter shall take effect and be enforced as of October 7, 2004.
(Prior UDO, § 21.3)