Olathe City Zoning Code
18.92 Legal
Provisions
18.92.010 Relationship to Other Provisions of the Municipal Code
A. The use of buildings and land within the City shall be subject to all other applicable provisions of the Olathe Municipal Code and other ordinances, as well as this ordinance, whether or not such other provisions of the Municipal Code are specifically cross-referenced in this ordinance. Cross-reference to other provisions of the Municipal Code in this ordinance are for the convenience of the reader; lack of a cross-reference should not be construed as an indication that other provisions of the Municipal Code do not apply.
B. In interpreting and applying the provisions of this ordinance, they shall be construed to be the minimum requirements necessary for the promotion of public health, safety or the general welfare. (Ord. 02-54 § 2, 2002)
18.92.020 Design Guidelines
The provisions of this ordinance may be supplemented from time to time by design guidelines adopted by the Planning Commission and City Council by resolution. Design guidelines shall be considered as an aid in the interpretation or implementation of the provisions of this ordinance. Design guidelines shall be considered as policy (except those parts derived from this ordinance) and may be modified when deemed appropriate in order to accomplish higher quality development design. In the event of a conflict between a design guideline and any provision of this ordinance, the provision of this ordinance shall control. (Ord. 02-54 § 2, 2002)
18.92.030 Private Restrictions
The provisions of this ordinance are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Provided, that where the provisions of this ordinance are more restrictive or impose higher standards than any such private restriction, the requirements of this ordinance shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this ordinance, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions. Private restrictions shall not be enforced by the City. (Ord. 02-54 § 2, 2002)
18.92.040 Severability
It is hereby declared to be the intention of the City that the sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any such section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, subsection, paragraph, sentence, clause or phrase. (Ord. 02-54 § 2, 2002)