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In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, character or general welfare. This chapter is not intended to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than previous zoning code and all amendments thereto which are hereby repealed, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises.
(Ord. 792, passed 12-3-01)
(A) Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
(B) Where the provisions of this chapter are more restrictive than imposed by private agreement, including but not limited to deed restrictions, the provisions of this chapter shall prevail. If the provisions of private agreement are more restrictive than imposed by this chapter, the provisions of the private agreement shall prevail.
(Ord. 792, passed 12-3-01)
(A) Violations of the previous zoning code will continue to be a violation under this chapter and be subject to enforcement and penalties under §§ 155.281 through 155.303, Administration, Enforcement and Penalties, unless the use, development, construction or other activity complies with the provisions of this chapter.
(B) Legal nonconformities under the previous zoning code will continue to be a legal nonconformity under this chapter if the situation that resulted in the nonconforming status continues to exist. If nonconformity under the previous zoning code becomes conforming under this chapter, then the nonconforming situation will be removed.
(C) Permits and approvals that are valid prior to the effective date of this chapter shall remain valid until their expiration date. Projects with valid approvals or permits may be completed in accordance with standards and regulations in effect at the time of approval, provided permit or approvals are valid and not expired.
(D) Completed permit applications and other approvals, submitted before the effective date of this chapter and pending approval at the time of the effective date of this chapter may, at the applicant’s request, be reviewed and completed in accordance with the previous zoning code. Re-application for an expired permit shall meet the standards in effect at the time of re-application.
(E) Projects that have not been accepted as complete shall be subject to all requirements and standards of this chapter.
(Ord. 792, passed 12-3-01)
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