(1) Purpose. The purpose of these transitional rules is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, on the effective date of this Code.
(2) Violations continue.
(A) Any violation of the previous versions of the Planning and Zoning Code, shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set forth in § 157.999, unless the use, development, construction or other activity complies with the provisions of this Code.
(B) Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this Code.
(3) Uses, structures and lots rendered nonconforming. Where any use, building, structure or lot that legally existed on the effective date of this Code does not meet all standards set forth in this Code, such building, structure or lot shall be considered nonconforming and shall be controlled by § 157.089.
(4) Processing of applications commenced or approved under previous regulations.
(A) Pending applications.
1.) Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Code, shall be reviewed in accordance with the provisions of the subdivision and zoning regulations in effect on the date the application was deemed complete by the city.
2.) If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Code.
3.) Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
4.) An applicant with a pending application may waive review available under prior regulations through a written letter to the authority having jurisdiction and request for review under the provisions of this Code.
(B) Approved projects.
1.) Approved preliminary plans, improvement plans, final plats, planned developments, variances, conditional uses, zoning permits or certificates of use and compliance that are valid on the effective date of this Code shall remain valid until their expiration date, where applicable.
2.) Any building or development for which a permit or certificate was granted prior to the effective date of this Code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this Code, as long as the permit or certificate remains valid.
3.) If the development for which the permit or certificate is issued prior to the effective date of this Code fails to comply with the time frames for development established for the permit or certificate, the permit or certificate shall expire, and future development shall be subject to the requirements of this Code.
(Prior Code, § 1222.10) (Ord. 2009-21, passed 10-27-2009)