(A) To avoid undue hardship, nothing in the zoning code shall be deemed to require a change in the plans, construction or designated use of any building or premises on which an application for a development plan or construction permit was filed with the Department prior to the date of adoption of the zoning code or amendment thereto, provided that the application meets all zoning and other requirements in effect on the date of said application. The development plan approval or construction permit issued pursuant to applications made before the date of adoption of the zoning code, which is 7-1-2008, shall be valid only if it is exercised within one year of the date of the effective date of the ordinance.
(B) EXERCISED, as set forth in this section, shall mean that a binding contract for the construction of the main building or other main improvements is executed, or that prerequisite conditions involving substantial investments shall be under contract, in development or completed, including, but not limited to, applications for financing, posting of a surety with the appropriate agencies for the improvements or that the main building(s) are under construction.
(C) Additional period of time to “exercise” approval may be granted under the following conditions.
(1) Setbacks. The Department is authorized to issue construction permits conforming to building setbacks established for lots of record created by preliminary subdivision plats and record plats approved between 1-1-2004 and the effective date of the zoning code.
(2) Multi-family phase projects. The Department is authorized to issue construction permits for multi-family projects that are being developed in phases conforming to the density established on any development plan approved between 1-1-2006 and the effective date of the zoning code. Any construction permit issued under this authority must be issued prior to 7-1-2012.
(Ord. 06-2008, passed 6-16-2008, § 1.6; Ord. 14-2008, passed 11-17-2008; Ord. 05-2009, passed 5-18-2009)