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1.13.01 Construction in Progress. Nothing in this zoning ordinance requires a change in the plans, construction, or designated use of any building for which actual construction was lawfully begun before August 15, 2006, and on which actual construction has been diligently pursued. For the purpose of this provision, "actual construction" means the placing of construction materials in permanent position and fastened in a permanent manner, and/or demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work must be diligently pursued until completion of the building. Grading of a site in preparation for construction does not constitute actual construction. Construction activities may not commence until all required building and zoning permits for construction and/or demolition have been obtained.
1.13.02 Approvals Granted Before August 15, 2006. Building permits, variances, conditional-use permits, zoning map amendments, final subdivision approvals, and other similar development approvals that are valid on August 14, 2006, will remain valid until their expiration date. Development must be completed in conformance with valid approvals, even if such building, development, or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure must meet the zoning ordinance standards in effect at the time of re-application.
1.13.03 Applications in Progress Before August 15, 2006. Complete applications for building permits, variances, conditional-use permits, and other similar development approvals that are pending approval on August 15, 2006, must be reviewed wholly under the terms of the zoning ordinance in effect on August 145, 2006. Any re-application for an expired approval must meet the zoning ordinance standards in effect at the time of re-application.
1.13.04 Violations Continue. Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under Article 15. If the use, development, construction, or other activity that was a violation under the previous ordinance complies with the express terms of this zoning ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before August 15, 2006. The adoption of this zoning ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before August 15, 2006.
1.13.05 Nonconformities. Any nonconformity under the previous zoning ordinance will also be a nonconformity under this zoning ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that was illegal under the previous zoning ordinance does not achieve nonconforming status under this zoning ordinance merely by repeal of the previous zoning ordinance.
(Ord. O-37-06, passed 8-15-06)