§ 3.2. GENERAL RULES

A.

This code does not prevent division of land into 35-acre parcels, as allowed under state law.

B.

No person, firm or entity may use, occupy or develop land or structures unless that use, occupancy or development complies with this code.

C.

Nothing in this code allows a public or private nuisance to be established or maintained.

D.

If a conflict occurs between this code and a state statute or a county resolution or regulation, the more restrictive provision controls unless otherwise specified in this code.

E.

If this code imposes a greater restriction than that imposed by a private easement, covenant, agreement, deed restriction, recorded plat or other restrictive covenant, this code controls.

F.

This code does not validate or legalize any land use or structure established, constructed, developed or maintained that violated a prior land use code, county resolution, regulation, easement, covenant, agreement, plat, deed restriction or other restrictive covenant in effect prior to the effective date of this code.

G.

No development can commence without prior authorization as required by this code.

H.

In the event a matter is brought before the board of adjustment, planning commission or county commissioners, all or in part to "cure" a violation or alleged violation of this code, the review criteria applied shall be those as stated in the Code for the applicable type of approval without regard to past investment in an illegal use.

(Res. No. 05032005R001, Exh. A, 5-3-2005)