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Weldon Spring City Zoning Code

ARTICLE XV

Legal Provisions

Section 405.535 Repeal Of Conflicting Provisions.

[Ord. No. 18-12, 12-11-2018]
A. 
Any regulations previously adopted are hereby repealed if in conflict with this Chapter or any amendment thereto. However, this Chapter does not abridge or abrogate the right of any developer to continue with construction or development of a project already approved by ordinance under a prior City ordinance, so long as he/she has proceeded toward completion with reasonable care and diligence and in accordance with the ordinance, provided that for any development not under way prior to November 1, 2001:
1. 
Any new section plan, plat or phase must be approved in accordance with the requirements of this Chapter; and
2. 
This Chapter shall control the substantive terms and conditions of development to the extent such terms and conditions were not specifically addressed in the preliminary plan and ordinance approving any planned district.

Section 405.540 Straining And Correcting Of Violations.

[Ord. No. 18-12, 12-11-2018]
Anyone who either as owner, contractor, agent, employee or otherwise erects, constructs, reconstructs, alters, converts or maintains any building or structure or uses land in violation of this Chapter or other regulations made under authority of this Chapter may be restrained by appropriate action or proceedings from such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or may be made to correct or abate such violation and the Zoning Commissioner is hereby empowered to cause any building, structure, place or premises to be inspected or examined and to order in writing the remedying of any condition found to exist herein or threat in violation of any provisions of this Chapter or the regulations made under authority of this Chapter.

Section 405.545 Pending Prosecution.

[Ord. No. 18-12, 12-11-2018]
In the event that there are unremedied violations of any zoning regulation repealed by this Chapter, which unremedied violations are also a violation of this Chapter, the City shall have the same rights and remedies as if the repealed regulation was still in effect.

Section 405.550 Interpretation And Purpose Of Chapter.

[Ord. No. 18-12, 12-11-2018]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter 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 Chapter or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter, nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction, this Chapter shall control.

Section 405.555 Severability.

[Ord. No. 18-12, 12-11-2018]
The phrases, clauses, sentences, paragraphs, Subsections, Sections and Articles of this Chapter are severable and if any phrase, clause, sentence, paragraph, Subsection, Section or Article or combination thereof shall be declared unconstitutional or unlawful by the valid judgment, decree or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, Subsections, Sections and Articles of this Chapter. In the event that, contrary to the policies, interests and values of the City of Weldon Spring, a court of competent jurisdiction issues a judgment, decree or injunction order that this Chapter or any part thereof is unconstitutional or otherwise unlawful because of any omission or prohibition in this Chapter, then all provisions of this Chapter not specifically declared to be unconstitutional or otherwise unlawful shall remain in full force and effect. In the event that a judgment, decree or injunction order declaring all or a portion of this Chapter to be unconstitutional or otherwise unlawful is reversed or vacated by a court of competent jurisdiction, the provisions contained in this Chapter shall remain in full force and effect.