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Any landowner within an area to be added to the city's jurisdiction through annexation may submit a petition requesting a specific zoning designation. If such petition is received prior to the time the land is added to the city's jurisdiction, then the public hearing for the application of a base zoning district may be held concurrently with any public hearing required for the annexation. (See § 162.03-01, Amendments to Text and Official Zoning Map)
(Ord. 05-10, passed 3-23-10)
It is the legislative intent of the City Council in adopting this ZDO that all provisions shall be liberally construed to guide development in accordance with the existing and future needs of the city as established in this ZDO and to promote the public health, safety, convenience, order, appearance, prosperity, and general welfare of the land owners and residents of the city. If any section, subsection, sentence, clause or phrase of this ZDO is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ZDO. The City Council hereby declares that if would have passed this ZDO and any section, subsection, sentence, clause and phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. 05-10, passed 3-23-10)
Any violation of the previous zoning ordinance or Land Development; Subdivisions, Chapter 153 of the City Code of Ordinances, shall continue to be a violation under this ZDO. Violations of this ZDO shall be subject to the penalties and enforcement set forth in Chapter 169: Enforcement, and any other applicable ordinances, laws, or statutes, unless the use, development, construction, or other activity complies with the express terms of this ZDO.
(Ord. 05-10, passed 3-23-10)
(A) Any complete development application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body or person prior to March 23, 2010 shall be reviewed and considered in accordance with either the provisions of the development regulations in place on the date of submittal, or this ZDO, at the applicant's option. Any complete development application that is submitted on or after March 23, 2010 shall be reviewed and considered in accordance with the provisions of this ZDO.
(B) If the applicant elects to have the application reviewed under the regulations in place on the date of application submittal:
(1) The application shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in pldce at the time of application submittal. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this ZDO.
(2) If the complete application is approved, the development for which the application was approved shall comply with any time frames and conditions of approval imposed as part of the development approval, or the development approval shall expire and future development shall be subject to the requirements of this ZDO.
(Ord. 05-10, passed 3-23-10)
(A) Nonconformities under prior ordinance. Any nonconformity under the previous development regulations will also be a nonconformity under this ZDO as long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If a nonconformity under the previous regulations becomes conforming because of the adoption of this ZDO, then the situation will no longer be a nonconformity.
(B) Uses and structures rendered nonconforming.
(1) When a lot is used for a purpose that was a lawful use before the effective date of this ZDO, and this ZDO results in the use becoming nonconforming, such use shall be considered nonconforming and shall be controlled by the provisions of Chapter 168: Nonconformities.
(2) Where any building, structure, or lot that legally existed on the effective date of this ZDO does not meet all standards set forth in this ZDO, such building, structure, or lot shall be considered nonconforming and shall be controlled by the provisions of Chapter 168: Nonconformities.
(Ord. 05-10, passed 3-23-10)