In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, prosperity and general welfare. Unless specifically provided for, it is not intended by the chapter to repeal, abrogate, annul or in any way impair or interfere with the existing and unrepealed provision of law or ordinance or any rules, regulations, or permits previously adopted or issued pursuant to law relating to the use of building or land, provided, however, that where this chapter imposes a greater restriction upon the courtyards or other open spaces that are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.

(Ord. No. 299 of 2011, § 1201, 2-14-2011)

This chapter 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 provided that the remainder of the chapter shall not be affected thereby. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional, or invalid as applied to a particular property; building, or structure, it is hereby provided that the application of such portion of the chapter to other property, buildings or structures shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing any conditional use permit, variance, zoning compliance permit, site plan approval, or designation of Class A nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some provision thereof, and 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. 299 of 2011, § 1202, 2-14-2011)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

(Ord. No. 299 of 2011, § 1203, 2-14-2011)

(a)

Civil law. Any building, structure, or use constructed, altered, moved or maintained in violation of the provisions of this chapter is hereby declared to be a nuisance per se.

(b)

Criminal law. Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with variances and conditional uses and violations of approved site plans, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 and imprisoned for not more than 90 days, or both, and in addition, shall pay costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(c)

Remedies. The city manager may also institute proceedings for injunction, mandamus, abatement or other appropriate remedies to prevent, enjoin, abate or remove any violations of this chapter. The rights and remedies provided herein are both civil and criminal in nature. The imposition of any fine or jail sentence of both shall not exempt the violator from compliance with the provisions of this chapter.

(Ord. No. 299 of 2011, § 1204, 2-14-2011)

The city zoning ordinance, Ordinance 253 of 2000, and subsequent amendments, is hereby repealed.

(Ord. No. 299 of 2011, § 1205, 2-14-2011)

The ordinance from which this chapter is derived shall become effective upon publication of the notice of adoption in the Pioneer Tribune.

(Ord. No. 299 of 2011, § 1206, 2-14-2011)

(Ord. No. 299 of 2011, app. A, exh. A, 2-14-2011)

(Ord. No. 299 of 2011, § app. A, exh. B, 2-14-2011)