In interpreting and applying the provisions of this chapter, the City Manager or his/her designee shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this chapter shall govern. This chapter is also not intended to abrogate or annul any lawfully obtained permit issued prior to the effective date of this chapter.

By the passage of this chapter, no presently illegal or non-conforming use shall be deemed to have been legalized unless such use specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing Zoning Ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal and adoption of this chapter; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

(a)

Any person or corporation violating any of the provisions of this chapter shall, upon conviction, be fined any sum not exceeding two thousand dollars ($2,000.00) and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense.

(b)

Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

If any word, section, article, phrase, paragraph, sentence, clause, or portion of this chapter or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this chapter; and the City Council hereby declares it would have passed such remaining portions of this chapter despite such invalidity which remaining portions shall remain in full force and effect.