[R.O. 2012 §405.660; Ord. No. 727 §1, 3-6-2000]
Any taxpayer or any other person having an interest in property
affected by this Chapter, may have the reasonableness of this Chapter
or regulation determined by bringing an action, in the Circuit Court
of the County in which such City is situated, against the Board of
Aldermen for said City.
[R.O. 2012 §405.670; Ord. No. 727 §1, 3-6-2000]
Should any Section, Subsection, sentence, clause, or provision
of this act be determined to be unconstitutional or invalid by a court
of competent jurisdiction, the same shall not affect the validity
of the ordinance as a whole or any part thereof other than the part
so determined to be unconstitutional or invalid. The legislative body
of the City hereby declares that it would have passed this Chapter
and each Section, Subsection, sentence, clause, or provision thereof,
irrespective of the fact any one (1) or more Sections, Subsections,
sentences, clauses or provisions be declared invalid.
[R.O. 2012 §405.680; Ord. No. 727 §1, 3-6-2000]
This is the definition of a "grandfather clause" that has been used by the Ash Grove Planning and Zoning Commission.
GRANDFATHER CLAUSE
The status given to property on the use of that property
that existed before the present regulations were enacted on November
2, 1970. An existing structure or existing use of property cannot
be forced to change by a new regulation. However, if a change is made
in a structure or the usage of property, whether by design or an act
of God, then the planning and zoning regulations will apply. (Affirmed
by the Ash Grove Planning and Zoning Commission on November 21, 1994.)