(A) Continuation of violations. Any violation of the chapter previously in effect will continue to be a violation under this Chapter after adoption and shall be subject to penalties and enforcement unless the use, development, construction or other activity complies with the provisions of this Chapter.
(B) Approved projects. A project that was approved prior to the effective date of this Chapter shall be deemed approved after the effective date of this Chapter and the property owner may file an application for a building permit in compliance with the approved plan and plan conditions. Upon approval of the construction plans, a building permit may be issued.
(C) Approved preliminary subdivision plats. A project that has a preliminary plat approved prior to the effective date of this Chapter may be processed by city staff for final subdivision plat and improvement plan consideration, even if the subdivision does not fully comply with the provisions of this Chapter. If a final plat application is not filed within 1 year of the date of preliminary plat approval (unless extended as provided by the subdivision regulations) the preliminary plat shall expire.
(D) Approved conditional use permits. An applicant's project that has received a conditional use permit approval prior to the effective date of this Chapter may be granted a building permit, even if the project does not fully comply with the provisions of this Chapter. If a building permit application is not filed within 1 year of the date of the conditional use permit approval, the conditional use permit shall expire.
(E) Approved building permits. An applicant who has filed a complete building permit application prior to the effective date of this Chapter may be issued a building permit if such permit complies with the previous ordinance. If construction has not commenced in compliance with the applicable permit terms, the Building Official may grant an extension pursuant to the provisions of the Building Code. If the building, structure, or sign has not been completed in conformance with the building permit and any extension thereof, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with this Chapter.
(F) Previously filed building permit applications. Any building, structure, or sign for which a completed building permit application is filed prior to the effective date of the this Chapter may be issued a building permit and constructed in compliance with the building permit and other applicable approvals, permits and conditions, even if the building, structure or sign does not fully comply with this Chapter. If construction has not commenced in compliance with the applicable permit terms, the Building Official may grant an extension pursuant to the provisions of the Building Code. If the building, structure, or sign has not been completed before the building permit or any extension of the permit expires, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with this Chapter.
(G) Previously filed planning applications. Complete applications for site plan approval, conditional use permit approval or preliminary plat approval submitted prior to the effective date of this Chapter may be approved under the provisions of the Zoning Ordinance in place prior to the effective date of this Chapter. If a building permit application is not filed within two years of the date of site plan approval, or one year after the conditional use permit approval, the approval shall expire. No time extensions shall be permitted, unless approval of the preliminary plat is extended, based on the requirements of the subdivision regulations.
(H) Previously filed rezoning or variance applications. Complete rezoning or variance applications filed prior to the effective date of this Chapter shall be governed by the provisions of the Zoning Ordinance in place prior to the effective date of this Chapter. The applicant may elect to comply with this Chapter by submitting a written preference when filing the application for rezoning with the city, but in that case shall comply with all provisions of this Chapter. If a building permit application is not filed within two years of the effective date of this Chapter, the approval to use the provisions of the previous Zoning Ordinance shall expire. If the building permit application expires, or once issued, the building permit expires, then any plans adopted as part of the approved rezoning shall be modified to comply with the provisions of this Chapter. No time extensions shall be permitted.
(I) Prior nonconformities. Any legal nonconformity under the previous Zoning Ordinance also will be a legal nonconformity under this Chapter, so long as the situation that resulted in the legal nonconforming status under the previous Zoning Ordinance continues to exist. If a legal nonconformity under the previous Zoning Ordinance becomes conforming because of the adoption of this Chapter, then the use or structure will no longer be considered a nonconformity.
(Ord. 1402, passed 5-6-2014)