In interpreting and applying the provisions of this ordinance, these shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that, where this ordinance imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such ordinances or agreements, the provisions of this ordinance shall control.

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall, for any reason, be held to be unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance which shall continue in full force and effect.

The provisions of this ordinance shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law, including, but not limited to, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act), 42 U.S.C. §§ 3601-3619; and Title II of the Americans with Disabilities Act (the ADA), 42 U.S.C. §§ 12131-12134. Notwithstanding any other provision of this ordinance to the contrary, the director, planning commission members, and other city officials with zoning-related responsibilities shall make reasonable accommodation or modifications in the rules, policies, and practices of their offices so that handicapped or disabled persons or a provider of housing for a handicapped or disabled persons are not discriminated against and are afforded an equal opportunity to use and enjoy the dwellings.

All zoning ordinances or parts of zoning ordinances in conflict herewith are hereby repealed, provided, however, that all suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which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 ordinance, but shall be prosecuted to their finality the same as if this ordinance had not been adopted; and any and all violations of existing zoning ordinances, prosecutions for which have not yet been instituted may be hereafter filed and prosecuted; and nothing in this ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which may have heretofore been instituted or prosecuted.

This ordinance shall be in full force and effect 30 days after its passage.

The foregoing ordinance having been reduced to writing, the same was introduced and read and a vote was taken thereon, first article by article, then upon the ordinance as a whole with the following results:

Those present and voting "AYE" and in favor of the passage, adoption, and approval of articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of the foregoing ordinance:

Alderman W. E. Boutwell

Alderman W.H. Campbell

Alderman George B. Draughn

Alderman Robert E. Russell

Alderman Bobby W. Runnels

Those present and voting "NAY": or against the adoption of any article of the foregoing ordinance:

None

Those present and voting "AYE" and in favor of the adoption of the foregoing ordinance as a whole:

Alderman W. E. Boutwell

Alderman W. H. Campbell

Alderman George B. Draughn

Alderman Robert E. Russell

Alderman Bobby W. Runnels

Those present and voting "NAY" or against the adoption of the foregoing ordinance as a whole:

None

WHEREUPON, the foregoing ordinance be, and the same is hereby passed, adopted and approved on this, the 6th day of March, A.D., 1979.

(SEAL)

ATTEST: