(A) Any application for an improvement location permit that has been filed pursuant to the Lowell Building Code with the Plan Commission or its designees and is full and complete, prior to the effective date of this chapter, shall be regulated by the terms and conditions of the zoning code that was in place at the time of filing. However, all administrative procedures and penalties shall follow those set forth by this zoning code.
(B) Any application for a zoning map amendment that was filed with the Plan Commission or its designees, and is full and complete prior to the effective date of this chapter, shall continue through the process to completion pursuant to the terms and conditions of the zoning code that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists in this zoning code, the Planning Director shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.
(C) Any application before the Board of Zoning Appeals (i.e. special use, use variance, development standards variance) that has been filed with the Board of Zoning Appeals or its designees and is full and complete, prior to the effective date of this chapter, shall continue the process pursuant to the terms and conditions of the zoning code that was in place at the time of filing, provided that:
(1) If such application is no longer required by the terms of this chapter, the application will be dismissed; or
(2) If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms of this chapter that were not required under the previous zoning code, the application will be amended to include only those additional approvals that are now required and within the jurisdiction of the Board of Zoning Appeals.
(D) All variances, special uses (special exceptions), rezonings, and other petitions regulated by this chapter which were approved prior to the effective date of this chapter and not executed through the proper receipt of an improvement location permit issued pursuant to the Building Code shall expire and become void one year after the effective date of this chapter.
(1) All improvement location permits issued pursuant to the Building Code prior to the effective date of this chapter shall be void one year after their date of issue if construction has not begun.
(2) Improvement location permits issued pursuant to the Building Code prior to the effective date of this chapter for which construction has begun shall become void if construction is abandoned for a period of six consecutive months or if, in the opinion of the Planning Director, construction has otherwise ceased.
(3) All approvals which expire and/or become void shall comply with all applicable provisions of this chapter if re-issued.
(Ord. 2013-02, passed 3-11-13)