LEGAL PROVISIONS
In interpretation and application, the provisions of this ordinance shall be considered minimum requirements adopted for the promotion of health, safety, morals, convenience, order, prosperity, and general welfare of the community. Where two or more specific requirements in this ordinance conflict and the ordinance does not otherwise specify which of the conflicting requirements prevail, then the requirement imposing the higher or greater restriction shall govern. Where other ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. Whenever the requirements of this ordinance conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern, unless otherwise specifically stated in this ordinance. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law. This ordinance shall not lower the restrictions of plats, deeds, or private contracts, if such are greater than the provisions of this ordinance.
All previously adopted zoning ordinances or parts of zoning ordinances that are in conflict with this zoning ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect.
If any section, clause, provision, or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this ordinance which is not, in and of itself, invalid or unconstitutional.
Any failure to comply with the applicable requirements of this ordinance shall constitute a violation of these regulations under title 11, chapter 52, section 83 of the Code of Alabama, 1975, as amended [Code of Ala. 1975, § 11-52-83]. Any such violation shall be punishable by a fine of up to $500.00 and or imprisonment of not more than six months, as provided in accordance with title 11, chapter 45, section 9 of the Code of Alabama, 1975, as amended [Code of Ala. 1975, § 11-45-9]. Where such a violation has been confirmed to exist by the enforcement officer, the violation shall be cured in accordance with the administrative procedures outlined in article VI, section 4 of these regulations.
A property owner may impose bylaws, covenants, and deed restrictions upon any private property. Once any such bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the owner of the property, and they may be enforced only by private legal action through a court of competent jurisdiction. The City of Weaver and the Weaver Planning Commission is in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the city prior to final plat approval that any such bylaws, covenants, and deed restrictions will be imposed by the land owner shall in no way constitute implied authority or responsibility to approve, enforce, amend, or administer any subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall be implied by the granting of a zoning permit for any development activity on a property for which special bylaws, covenants, or deed restrictions have been or will be imposed.
This ordinance shall take effect five days after final posting by the city council, in accordance with title 11, chapter 45, section 8 of the Code of Alabama, 1975, as amended [Code of Ala. 1975, § 11-45-8].
LEGAL PROVISIONS
In interpretation and application, the provisions of this ordinance shall be considered minimum requirements adopted for the promotion of health, safety, morals, convenience, order, prosperity, and general welfare of the community. Where two or more specific requirements in this ordinance conflict and the ordinance does not otherwise specify which of the conflicting requirements prevail, then the requirement imposing the higher or greater restriction shall govern. Where other ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. Whenever the requirements of this ordinance conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern, unless otherwise specifically stated in this ordinance. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law. This ordinance shall not lower the restrictions of plats, deeds, or private contracts, if such are greater than the provisions of this ordinance.
All previously adopted zoning ordinances or parts of zoning ordinances that are in conflict with this zoning ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect.
If any section, clause, provision, or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this ordinance which is not, in and of itself, invalid or unconstitutional.
Any failure to comply with the applicable requirements of this ordinance shall constitute a violation of these regulations under title 11, chapter 52, section 83 of the Code of Alabama, 1975, as amended [Code of Ala. 1975, § 11-52-83]. Any such violation shall be punishable by a fine of up to $500.00 and or imprisonment of not more than six months, as provided in accordance with title 11, chapter 45, section 9 of the Code of Alabama, 1975, as amended [Code of Ala. 1975, § 11-45-9]. Where such a violation has been confirmed to exist by the enforcement officer, the violation shall be cured in accordance with the administrative procedures outlined in article VI, section 4 of these regulations.
A property owner may impose bylaws, covenants, and deed restrictions upon any private property. Once any such bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the owner of the property, and they may be enforced only by private legal action through a court of competent jurisdiction. The City of Weaver and the Weaver Planning Commission is in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the city prior to final plat approval that any such bylaws, covenants, and deed restrictions will be imposed by the land owner shall in no way constitute implied authority or responsibility to approve, enforce, amend, or administer any subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall be implied by the granting of a zoning permit for any development activity on a property for which special bylaws, covenants, or deed restrictions have been or will be imposed.
This ordinance shall take effect five days after final posting by the city council, in accordance with title 11, chapter 45, section 8 of the Code of Alabama, 1975, as amended [Code of Ala. 1975, § 11-45-8].