In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(Ord. No. 2001-1478, 11-19-2001)

The regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provisions of the law. Where any provision of these regulations imposes a restriction different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, those provisions, which are more restrictive or impose higher standards shall control. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided that, where the provisions of these regulations are more restrictive than such easement, covenant or other private agreement or restriction, the requirement of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restrictions impose duties and obligations more restrictive, or to a higher standard than the requirements and standards of this chapter, or the determinations of the commission in enforcing this chapter, and such private provisions, covenants or restrictions are not inconsistent with this chapter or the determinations of the commission, then such private provisions shall be operative and supplemental to these regulations and any determinations made thereunder. Generally, private provisions can only be enforced privately unless a public agency such as the city council or plan commission has been made a party to such agreements. Not withstanding the foregoing, neither the commission or its representative shall knowingly issue any permit that would result in a direct violation of a covenant or restriction that was recorded with, and a part of, the platting of a subdivision approved by the commission or any other duly authorized government agency. However, if a permit is issued, neither the commission or its representative, is liable or responsible, in any form or manner, for the resulting violation of the private covenants or restriction.

(Ord. No. 2001-1478, 11-19-2001)

If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent circumstances or is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The city hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.

(Ord. No. 2001-1478, 11-19-2001)

This chapter shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision control article and zoning ordinance, or a discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or waiving any right of the city under any section or provision existing at the time of the effective date of this chapter, or as vacating or nulling any rights obtained by any person, firm, or corporation, by lawful action of the city, except as shall be expressly provided for in this chapter.

(Ord. No. 2001-1478, 11-19-2001)

Nothing in this chapter or in any rules, regulations or orders issued pursuant to this chapter shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, plan commission or board of zoning appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the state or by any state agency, or the use of property owned or occupied by state or any state agency. As used in this section, the term state agency shall mean and include all state agencies, boards, commissions, departments and institutions, including state educational institutions of the state.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Effective date. This chapter was originally adopted on November 19 ^th , 2001 as Ord. 2001-1478.

(B)

Revision. Ord. 2001-1478 is hereby revised and amended per a recommendation of the city's plan commission at a public hearing held July 27 ^th , 2004 and adopted by the common council as Ord. 2004-1530 on August 16 ^th , 2004 and is effective upon passage.

(C)

Conflict. Where conflicts arise between the above cited ordinances and this chapter, the more restrictive shall apply.

(Ord. No. 2001-1478, 11-19-2001)