§ 155.102. INTERPRETATION; CONFLICTS; SEVERABILITY.  


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  • (A) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the promotion of the public health, safety, and general welfare.
    (B) Conflicts with public and private provisions.
    (1) Public provisions. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as noted herein. Where any provisions of this chapter impose restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
    (2) Private provisions. This chapter is not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than the easement, covenant, or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive than this chapter, and the private provisions are not inconsistent with this chapter or determinations thereunder, then the private provisions shall be operative and supplemental to this chapter and determinations made thereunder.
    (C) Separability. If any part or provision of this chapter or application thereof to any person or circumstances is judged invalid by any court of competent jurisdiction, the judgement shall be confined in its operation to the part, provision, or application directly involved in all controversy in which the judgement shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances.
    (Prior Code, § 15-1-7) (Ord. O88-06-007, passed 10-13-1988)