(a) Purpose. The purpose of this Section is to clarify the status of properties with pending applications or recent approvals, as those terms are used below, and properties with outstanding violations, at the time of the adoption of the Development Code.
(b) Effective date. The provisions of the Development Code shall become effective on April 1, 2016. Development plans approved under previous regulations that received vested property rights by approval of the Board of Trustees shall be valid for the duration of that vested property right provided that all terms and conditions of such vested right approval are followed. Existing legal uses that may become nonconforming by adoption of this Code shall become legal nonconforming uses subject to the provisions of this Section.
(c) Violations continue. Any violation of the previous Creede Land Use Code, shall continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Article.
(d) Preliminary subdivision and PUD approvals. Preliminary subdivision and preliminary PUD approvals granted prior to the effective date of the Development Code shall be considered as approved pursuant to the Development Code. Preliminary subdivision and PUD approvals granted under the previous regulations shall be valid for two (2) years from the date of approval unless a vested right providing a longer period was granted by the Board of Trustees by ordinance. Extensions of preliminary subdivision plats and preliminary PUD plans may be granted in accordance with § 9-3-20(h). Failure to obtain a final plat or final planned unit development plan approval in the allowed time shall result in the expiration of the preliminary plan. Applications for final subdivision plat and final planned unit development plan shall follow application submittal requirements and review procedures in this Development Code and shall be subject to the standards and review criteria in this Development Code provided that this Development Code shall not be so applied as to alter, impair, prevent, diminish, impose a moratorium on development or otherwise delay the development or use of a site in Creede.
(e) Future subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for re-subdivision into smaller tracts, lots, or building sites when originally approved, shall comply with all provisions of the Development Code.
(f) Projects with final approval. Development projects with final approval that are valid on April 1, 2016 shall remain valid until their termination date. Projects with valid approvals or permits may be completed in conformance to the development standards in effect at the time of approval.
(g) Active building permits. Any building or development for which a building permit was granted prior to April 1, 2016 shall be allowed to proceed to construction under the regulations in place when the building permit was issued. If the development for which the building permit is issued prior to April 1, 2016 fails to comply with the time frames for development established for the building permit, the building permit shall expire and future development shall comply with the requirements of the Development Code.
(h) Violations, enforcement and penalties. A use, structure, or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful
and conforming as of the effective date of the Development Code if it conforms to all of the requirements of the Development Code. Payment shall be required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under the Development Code.
(Ord. 395 §3, 2016)