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This development code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the city of Murrieta, as follows.
A. New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of this development code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of 16.02.010 (Requirements for Development and New Land Uses), and 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Issuance of Construction Permits. Building, grading, or other construction permits may be issued by the department only when the proposed land use and/or structure satisfy the requirements of subsection A above, and the director determines that the site was subdivided in compliance with all applicable requirements of Article V (Subdivisions).
C. Subdivision of Land. Any subdivision of land proposed within the city of Murrieta after the effective date of this development code shall be consistent with the minimum parcel size requirements of Article II (Zoning Districts and Allowable Land Uses), the subdivision requirements of Article V (Subdivisions), and all other applicable requirements of this development code.
D. Continuation of an Existing Land Use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this development code. The requirements of this development code are not retroactive in their effect on a land use that was lawfully established before the effective date of this development code or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this development code may be maintained in compliance with 16.32 (Nonconforming Uses, Structures, and Parcels).
E. Effect of Development Code Changes on Projects in Progress. The enactment of this development code or amendments to its requirements may impose different standards on new land uses. The following provisions determine how the requirements of this development code apply to projects in progress at the time requirements are amended.
1. Projects with Pending Applications. Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department prior to the effective date of this development code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this development code.
2. Approved Projects not yet Under Construction. An approved project for which an approved land use has not been established or which construction has not begun (excluding parcel and tentative maps) as of the effective date of this development code or amendment, may still be established or constructed as approved, before the expiration of an applicable land use permit (16.80.060, Time Extensions) or, where applicable, before the expiration of an approved time extension.
3. Projects Under Construction. A structure that is under construction on the effective date of this development code or any amendment, need not be changed to satisfy new or different requirements of this development code.
F. Other Requirements may still Apply. Nothing in this development code eliminates the need for obtaining any other permits required by the city, or permits, approvals or entitlements required by other provisions of the municipal code or the regulations of a city department, or county, regional, state, or Federal agency.
G. Conflicting Permits and Licenses to be Void. Permits or licenses shall be issued by the city in compliance with the provisions of this development code, after the effective date of this development code or amendment. Permits or licenses issued in conflict with this development code shall be void.
(Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)