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Section 21-01.01 <br />Provisions of Common Applicability <br />(3) No building, structure or improvement shall be placed, erected, moved or <br />structurally altered with respect to height, area, bulk, or setback except in <br />compliance with the regulations of this Ordinance <br />(m) Private Provisions <br />The provisions of this Ordinance are not intended to nullify, abolish or repeal any <br />easement, covenant or other private agreement or restriction. <br />(n) Determination of Land Uses Not Listed in this Ordinance <br />It is recognized that this Ordinance may require interpretation to assign all possible uses <br />to individual districts. Therefore, any use which is not specifically set forth in this <br />Ordinance shall be reviewed by the Zoning Administrator for consistency with the intent <br />set forth in each district and for compatibility with use characteristics typical of uses <br />permitted within those districts. Based upon this review, the Zoning Administrator shall <br />determine the appropriate district for any use which is not specifically set forth herein. In <br />case of disagreement with the determination of the Zoning Administrator in assigning a <br />use to an appropriate district, any aggrieved party may file an appeal with the Board of <br />Zoning Appeals pursuant to the provisions of Section 21-09.03 -Board of Zonin <br />A eals of this Ordinance. If it is: (i) determined by the Zoning Administrator that a <br />particular use is not permitted in any residential, commercial /mixed use, industrial or <br />other district provided for in this Ordinance and no appeal of the Zoning Administrator's <br />decision is filed with the Board of Zoning Appeals pursuant to the provisions of Section <br />21-09.03 -Board of Zoning. Appeals of this Ordinance; or, (ii) determined upon appeal <br />that a particular use is not permitted in any residential, commercial /mixed use, <br />industrial or other district provided for in this Ordinance, then such use shall be deemed <br />to require the PUD District and shall be considered to be a permitted use only in a PUD <br />District in which such use is specifically included and described in the PUD District <br />Ordinance. <br />(o) Saving Provision for Pending Enforcement Actions <br />Except as shall be expressly provided for in this Ordinance, the adoption of this <br />Ordinance shall not: (i) nullify or make void any action pending under, or by virtue of, <br />any prior zoning ordinance or subdivision control ordinance; (ii) discontinue, nullify, <br />void, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, <br />any prior zoning ordinance or subdivision control ordinance; (iii) affect the liability of <br />any person, firm, or corporation under, or by virtue of, any prior zoning ordinance or <br />subdivision control ordinance; (iv) waive any right of the City of South Bend under any <br />section or provision of any prior zoning ordinance or subdivision control ordinance; or, <br />(v) vacate or annul any rights obtained by any person, firm, or corporation by lawful <br />action of the City of South Bend under, or by virtue of, any prior zoning ordinance or <br />subdivision control ordinance. <br />5 <br />Ord. No: 9495-04 <br />