§ 74-5. Interpretation.

(a)

Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, welfare and aesthetic values.

(b)

Overlapping or contradictory regulations. Where the conditions imposed by any provision of this chapter upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.

(c)

Private agreements. The provisions of this chapter are not intended to abrogate deed restrictions, covenants, subdivision restrictions, easements or any other private agreement or restriction on the use of land. Where the provisions of this chapter, however, are more restrictive or impose higher standards than a private restriction or agreement, the requirements of this chapter shall control. Where the provisions of a private restriction or agreement are more restrictive or impose higher standards than this chapter, such private restriction or agreement shall control if properly enforced by a person or organization having the legal right to enforce such restriction or agreement; private restrictions and agreements shall not be enforced by the city, except as set forth in section 74-90.

(d)

Unlawful uses. No structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any respect that, the unlawful structure or use is in conflict with the requirements of this chapter, the structure or use remains unlawful hereunder.

(e)

Not a licensing regulation. Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility, or to carry on any trade, industry, occupation or activity.

(Ord. No. 54, art. 12, § 12-102, 12-4-1958)