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2003-12-02 P & Z Agenda
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2003-12-02 P & Z Agenda
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<br />1 <br /> <br />400.4 Intel"{lretati()n and Application. The intent and purposes as established in Section 400.2 will be <br />considered in interpreting and applying Ordinance #4. If the provisions of this Ordinance <br />impose greater restrictions than those of any statute, another ordinance, or regulation, the <br />provisions of Ordinance #4 will prevail. If provisions of any statute, another ordinance or <br />regulation impose greater restrictions that Ordinance #4, the provisions of that statute, another <br />ordinance or regulation will prevail. In their interpretation and application, the provisions of <br />this Ordinance shall be held to be the minimum requirements for the promotion of the public <br />health, safety and general welfare. <br /> <br />( <br /> <br />400.5 Performance Standards. Every use permitted by Ordinance #4 shall be so established and <br />maintained so as to comply with the provisions of this Ordinance. The City Council may <br />require the owner or operator of a use permitted in this Ordinance to provide such tests or <br />investigations by an independent testing organization that is satisfactory to the City Council. <br />These tests or investigations need to provide evidence that the use is in compliance with these <br />standards. The cost of the tests or investigations shall be shared equally by the owner or <br />operator and the City unless the results disclose non-compliance to Ordinance #4. If non- <br />compliance is shown to exist, the entire cost shall be borne by the owner or operator. Nothing <br />in this provision would preclude the City from making any investigations and tests it finds <br />appropriate to determine compliance with Ordinance #4. <br /> <br />400.6 Permits Reauired. Except as specifically excluded in Ordinance #4, no building, structure, or <br />premises may be erected, constructed, reconstructed, converted, enlarged, altered, moved, used C...... <br />or occupied unless an appropriate building permit has been issued by the City. . <br /> <br />400.7 Uses Not Sllecified. If a use is not specifically permitted, permitted by special use permit, or <br />prohibited, then the use will be considered prohibited. <br /> <br />400.8 Severability. If any provision of this Ordinance or the application of any provision to particular <br />circumstances is held invalid a court oflaw or changes in State legislation, the remainder of the <br />Ordinance or the application of such provision to other circumstances shall not be affected. <br /> <br />400.9 ReDeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts thereof, <br />in force at the time this Ordinance shall take effect and Ordinance inconsistent herewith are <br />hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance <br />repeals or amends any Ordinance requiring a permit or license to engage in any business or <br />occupation. <br /> <br />400.10 Comprehensive Plan. Interpretation and enforcement of the provisions of this Ordinance are <br />intended to be consistent with the implementation of goals, policies and land use elements of <br />the City ofCenterville's Comprehensive Plan to the extent practical or as required by law. The <br />application of or amendments to this Ordinance, which are determined to be inconsistent with <br />the Comprehensive Plan, shall require amendments to the Comprehensive Plan, this Ordinance <br />or both. <br /> <br />400.11 60-Dav Rule. It is the intent of the City to comply with the State requirements for timely ( <br />review of actions requiring formal approval by the City Council. Information submissions and <br />applications must be determined by the City to be complete before a time line for action is <br />initiated. In the event the City Council cannot act upon a request within sixty (60) days, the <br /> <br />2 <br />
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