Loading...
(a) Interpretation of provisions. The provisions of this code shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, comfort, morals, convenience and general welfare.
(b) Conflict with other public laws, ordinances, regulations or permits. This code is intended to complement other city, state and federal regulations that affect land use and the division of land. This code is not intended to revoke or repeal any other public law, ordinance, regulation or permit. However, where conditions, standards or requirements imposed by any provision of this code are more restrictive than comparable standards imposed by any other public law, ordinance or regulation, the provisions of this code shall govern.
(c) Repeal of conflicting ordinance. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect.
(Ord. 21-161, passed 12-13-2021)
(a) This code is not intended to interfere with or abrogate any third-party private agreements including, but not limited to, easements, covenants or other legal agreements between third parties. However, where this code proposes a greater restriction or imposes higher standards or requirements than such easement, covenant or other private third-party agreement, then the provisions of this code shall govern.
(b) Nothing in this code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this code.
(c) In no case shall the city be obligated to enforce the provisions of any easements, covenants or other agreements between private parties, even if the city is a named party in and has been granted the right to enforce the provisions of such agreement.
(Ord. 21-161, passed 12-13-2021)
(a) If any court of competent jurisdiction invalidates any provision of this code, then such judgment shall not affect the validity and continued enforcement of any other provision of this code.
(b) If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure or situation, then such judgment shall not affect the application of that provision to any other property, structure or situation not specifically included in that judgment.
(c) If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
(Ord. 21-161, passed 12-13-2021)
(a) Purpose. The purpose of these transitional rules is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, on the effective date of this code.
(b) Violations continue.
(1) Any violation that existed at the time this amendment became effective shall continue to be a violation under this code and is subject to penalties and enforcement under Chapter 1244: Enforcement and Penalties unless the use, development, construction or other activity complies with the provisions of this code.
(2) Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this code.
(c) Nonconformities continue.
(1) Any legal nonconformity that existed at the time this amendment became effective shall continue to be a legal nonconformity under this code as long as the situation that resulted in the nonconforming status under the previous code continues to exist, and shall be controlled by Chapter 1242: Nonconformities.
(2) If a legal nonconformity that existed at the time this amendment became effective becomes conforming because of the adoption of this amendment, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to nonconformities.
(d) Processing of applications commenced or approved under previous regulations.
(1) Pending projects.
A. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this code, shall be reviewed in accordance with the provisions of the regulations in effect on the date the application was deemed complete by the city.
B. If a complete application is not filed within the required application filing deadlines in effect prior to the adoption of this code, the application shall expire and subsequent applications shall be subject to the requirements of this code.
C. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
D. An applicant with a pending application may waive review available under prior regulations through a written letter to the city and request review under the provisions of this code.
(2) Approved projects.
A. Approved site plans, variances, certificates of appropriateness, conditional uses, zoning permits or other approved plans or permits that are valid on the effective date of this code shall remain valid until their expiration date, where applicable.
B. Any building or development for which a permit or certificate was granted prior to the effective date of this code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this code, as long as the permit or certificate remains valid.
C. If the development for which the permit or certificate is issued prior to the effective date of this code fails to comply with the time frames for development established for the permit or certificate, the permit or certificate shall expire, and future development shall be subject to the requirements of this code.
D. Planned unit developments that were approved prior to the effective date of this code shall conform to the approved general development plan and shall be subject to the provisions of Chapter 1220: Planned Unit Developments (PUD).
(e) Vested rights. The transitional rule provisions of this section are subject to the state’s vested rights laws.
(Ord. 21-161, passed 12-13-2021)
Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
(Ord. 21-161, passed 12-13-2021)
(a) Graphics, illustrations and figures are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration or figure, the text shall control.
(b) In some instances, cross-references between chapters, sections and divisions are provided that include the chapter, section or division number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(c) A table shall be considered text for the purposes of this code unless specifically identified as a figure.
(Ord. 21-161, passed 12-13-2021)
The burden of demonstrating that an application or any development subject to this code complies with applicable review and approval standards is on the applicant. The burden is not on the city or other parties to show that the standards have not been met by the applicant or person responsible for the development.
(Ord. 21-161, passed 12-13-2021)