A.    Rules:

1.     In the construction of these regulations, the provisions and rules of this section shall be preserved and applied, except when the context clearly requires otherwise:

2.     Words used in the present tense shall include the future.

3.     Words in the singular number include the plural number, and words in the plural number include the singular number.

4.     The phase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.

5.     The word “shall” is mandatory.

6.     The word “may” is permissive.

7.     The word “person” includes individuals, firms, corporations, associations, governmental bodies and agencies and all other legal entities.

8.     The word “Board” means the Board of Zoning Appeals.

9.     Unless otherwise specified, all distances shall be measured horizontally.

10.   The word “City” means the City of Overbrook, Kansas.

11.   The abbreviation N/A means non applicable.

12.   Any word or phrase which is defined in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition if expressly limited in its meaning or scope.

B.    Interpretation:

1.     Minimum Requirements: In their interpretation and application, the provision of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, integrity and welfare.

2.     Overlapping or Contradictory Regulations: Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by other provisions of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.

3.     Private Agreement: These regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship; provided, however, that where the provisions of these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements or legal relationships, the provisions of these regulations shall govern.

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

C.    Separability:   It is hereby declared to be the intention of the City that the several provisions of these regulations are separable in accordance with the following rules;

1.     If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.

2.     If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.