21-1-6: TRANSITIONAL PROVISIONS:

The following rules shall apply to all properties in the City as of the effective date of this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.1: VIOLATIONS CONTINUE:

Any violation of the Zoning Ordinance previously in effect (2004 Zoning Ordinance) will continue to be a violation under this chapter and shall be subject to the penalties and enforcement provisions provided in article VII of this chapter, unless the use, development, construction or other activity complies with the provisions of this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.2: USES RENDERED NONCONFORMING UNDER PRIOR ORDINANCE:

Any legal nonconformity existing under the previous Zoning Ordinance shall also remain a legal nonconformity under this chapter, so long as the condition(s) that resulted in the legal nonconforming status under the previous ordinance continues to exist. If a legal nonconformity under the previous ordinance becomes conforming because of the adoption of this chapter, then said use or structure will no longer be considered a nonconformity. (Ord. 18-880, 7-23-2018)

21-1-6.3: USES RENDERED NONCONFORMING UNDER THIS CHAPTER:

   A.   When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this chapter, and this chapter no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by article VIII of this chapter.

   B.   Where any building, structure, or lot that legally existed on the effective date of this chapter, and now does not meet all standards set forth in this chapter, such building, structure, or lot shall be considered nonconforming and shall be controlled by article VIII of this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.4: APPLICATIONS FILED PRIOR TO THE EFFECTIVE DATE:

   A.   Pending Applications Filed Prior To The Effective Date:

      1.   Complete applications for new developments or amendments including, but not limited to site plan review and approval, conditional use permits, and rezonings filed prior to the effective date of this chapter may be approved under the provisions of the Zoning Ordinance previously in effect (2004 Zoning Ordinance).

      2.   Applicants who have submitted an application that has been deemed complete, but upon which no formal action has been determined prior to the effective date of this chapter, may request review under this chapter by submitting a written letter to the Community Development Director.

      3.   If the applicant fails to comply with any applicable required period for submittal or other procedural requirements in accordance with the Zoning Ordinance in effect on the date the application was deemed complete, the application shall expire and subsequent applications shall be subject to the requirements of this chapter.

   B.   New Applications Filed After The Effective Date:

      1.   All applications for new developments including, but not limited to, site plan review and approval, conditional use permits, and rezonings, filed on or after the effective date of this chapter, including modifications and amendments, shall conform to the provisions of this chapter. (Ord. 18-880, 7-23-2018)