This chapter applies to all land uses and the construction, erection and/or alteration of structures within the city as follows:
(A) Minimum requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare of the citizens of the city.
(B) Continuation of an existing land use. An existing, legally established land use is lawful and not in violation of the city code, provided that it is operated and maintained in compliance with all other applicable provisions of this chapter.
(C) Effect of Zoning Ordinance changes on projects in progress. This chapter, as amended from time-to-time, may impose different standards on new land uses, structures, or improvements than those that formerly applied to existing development. The following provisions determine how the requirements of this chapter apply to projects in progress at the time the requirements of this chapter are changed.
(1) Projects with pending applications. Projects in which the application has not yet been determined to be complete by the Planning Director before the effective date of this chapter, or any amendment thereto will be processed according to the requirements in effect when the application was deemed to be complete.
(2) Approved projects not yet under construction. Consistent with I.C. 36-7-4-1109, any approved development project for which construction has not begun as of the effective date of this chapter, or any amendment thereto, may still be constructed as approved, so long as the first improvement location permit is obtained within three years and where construction is substantially complete within seven years of the submittal of the complete application. Should either of these requirements not be met, the project will be subject to the most recent, or current provisions of this chapter, rather than the regulations in place at the time the application was filed.
(3) Approved projects not requiring construction. Any approved development project not requiring construction, that has not been established as of the effective date of this chapter, or any amendments thereto, may still be established in compliance with its approved permit, so long as establishment occurs before the expiration of said permit.
(4) Projects under construction. Approved improvements and/or structure(s) under construction at the time this chapter or any amendments thereto, shall be continued under the chapter in which they were reviewed and approved. The improvements and/or structure(s) shall be substantially complete within seven years of the issue date of submissions of the complete application. If the improvements or structure(s) are not substantially complete within seven years from submission of the complete application, the city shall require said improvements and/or structure(s) to conform to the standards of the ordinance(s) in effect at that time.
(D) Conformity of lots created prior to adoption of this chapter. Any lot legally created prior to the effective date of this chapter which does not meet the minimum lot size required by this chapter shall be considered legal non-conforming.
(E) Other requirements may still apply. Nothing in this chapter shall eliminate the need for obtaining any other approval or entitlement required by other provisions of the city code or the requirements of any city department, or any local, state or federal agency.
(F) Conflict with public and private provisions.
(1) Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, those provisions which are more restrictive or impose higher standards shall govern.
(2) Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, except in instances where the provisions of these regulations are more restrictive or impose higher standards or regulations than any easement, covenant, or other private agreement or restriction, in which case the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations or the determinations of the Commission in enforcing these regulations, and the private provisions are not inconsistent with these regulations or determinations hereunder, then the private provisions shall be operative an supplemental to these regulations, or the determinations made there under. In addition, private provisions shall only be enforced privately.
(Ord. 4-2009, passed 3-9-09)