45.1

In interpreting and applying the provisions of this ordinance, they 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 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 premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this ordinance shall govern. This ordinance is also not intended to abrogate or annul any lawfully obtained permit issued prior to the effective date of this ordinance.

45.2

All provisions of the city's prior zoning ordinance adopted on August 3, 2010, as amended, and any other ordinances of the City of Terrell, that are in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed. All other provisions of City of Terrell ordinances that are not in conflict herewith shall remain in full force and effect.

45.3

The city council reserves the authority, at its sole discretion, from time to time, to include in development agreements provisions of flexibility associated with the interpretation, application or implementation of the requirements of this ordinance. Such authority shall not include the flexibility to change any provision related to the use tables herein or any allowance of specific or restricted use which may be required by the use tables herein. In addition, such authority shall not include the flexibility to change the zoning district classification of the impacted property.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

46.1

By the passage of this ordinance, no presently illegal 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 ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the previous zoning ordinance was repealed and this zoning ordinance adopted, shall be discharged or affected by such repeal and adoption of this ordinance; but prosecutions and suits for such offenses,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.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

47.1

Any person or corporation violating any of the provisions of this ordinance shall, upon conviction, be fined any sum not exceeding $2,000.00 and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of the ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.

47.2

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

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

48.1

If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)

49.1

This ordinance shall be effective as of the date of its adoption by the City Council of Terrell, Texas.

(Ord. No. 2814, Art. I(Exh. A), 12-3-19)