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(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)
The following rules of construction apply to this chapter:
(A) The particular shall control the general;
(B) The text shall control any difference in meaning or implication between the text of this chapter and any caption or illustration;
(C) The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
(D) Words used in present tense shall include the future and words used in singular number shall include the plural, unless clearly indicated to the contrary;
(E) The word “person” includes an individual, a corporation, a partnership, an unincorporated association or other similar entity;
(F) Two or more conditions, provisions or events connected by a conjunction shall be interpreted as follows, unless the context clearly indicates the contrary:
(1) “And” indicates that connected conditions, provisions and events shall apply;
(2) “Or” indicates that connected conditions, provisions and events may apply singularly or in combination;
(3) “Either/or” indicates that connected conditions, provisions and events shall apply singly but not in combination.
(G) Terms not defined shall have the meaning customarily assigned to them.
(Ord. 792, passed 12-3-01)
(A) Regulations and standards in this chapter shall not prevent the reconstruction, repairing or rebuilding and continued use of buildings or structures damaged by fire, total collapse, explosion or act of God which requires the approval of the Community Development Department or any Board or Commission, provided that the cost of reconstruction shall not exceed 50% of the assessed valuation of the building at the time such damage occurred. Any such activity exceeding the 50% assessed valuation may be reestablished upon approval of the Zoning Board of Appeals.
(B) Any previously zoned residential properties which have been rezoned to a business zoning classification shall be allowed to be reconstructed, repaired or rebuilt and the use of the property shall be continued as a residential use in the event that the structure is damaged by fire, total collapse, explosion or other act of God to 100% of the assessed valuation of the structure at the time such damage occurred, provided all of the following conditions are complied with:
(1) A plan for the reconstruction, repair, rebuilding and/or continued use of the structure shall be submitted and approved by the Building Department;
(2) That the structure shall only be reconstructed, repaired and/or rebuilt for use as a single family residence;
(3) That the structure shall be reconstructed, repaired and/or rebuilt within six months of the time such damage to the structure occurred. The owner of the structure may petition the City Council for an extension of the six-month period provided that he or she can establish that reasonable progress has been made to reconstruct, repair and/or rebuild the structure;
(4) That a liability and fire and casualty insurance policy shall be continuously maintained for the full assessed value of the structure;
(5) That a letter or other documentation, acceptable to the city, shall be submitted to the city by the property owner’s mortgage lender indicating that any proceeds received from any loss occasioned by fire, collapse, explosion or other act of God shall be utilized to reconstruct, repair and/or rebuild the structure; and
(6) That the owner(s), lender(s) and/or insurer(s) of the structure shall comply with all other codes, ordinances and regulations of the city.
(C) Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and upon the conviction thereof, shall be punished by a fine of not more than $500 and the costs of prosecution or by imprisonment for not more than 90 days, or both such fine and imprisonment.
(Ord. 792, passed 12-3-01; Am. Ord. 798, passed 3-3-03; Am. Ord. passed 2-20-17)
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.
(Ord. 792, passed 12-3-01)
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