(A) Effective date. This chapter shall take effect after publication of the Notice of Adoption as provided by I.C. 36-7-4-610.
(B) Violations continue. Any violation under previous ordinances repealed by this chapter shall continue to be a violation under this chapter and be subject to penalties and enforcement under § 157.999, unless the use, development, construction, or other activity complies with the provisions of this chapter.
(D) Nonconformities continue. Any legal nonconformity under any previous ordinances repealed by this chapter is also a legal nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous ordinances continues to exist. If a nonconformity under the previous ordinances becomes conforming because of the adoption of this chapter, then the situation will no longer be a nonconformity.
(E) Approved projects.
(1) Any building, structure, or development for which a permit was issued prior to the effective date of this chapter may, at the applicant's option, be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this chapter.
(2) If the building or structure is not completed within the time allowed under the original permit or any extension granted, then the building, structure, or development may be constructed, completed, or occupied only in compliance with this chapter.
(3) If construction is not commenced or completed according to the applicable permit terms, the building commissioner may, for good cause shown, grant an extension of up to one year for such construction under the terms of the previously applicable ordinance(s).
(4) Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
(F) Complete applications.
(1) Any project for which a complete application was submitted and accepted by the city prior to the effective date of this chapter may, at the applicant's option, be reviewed wholly under the terms of the previous Zoning Ordinance. If approved, these projects may be carried out in accordance with the development standards in effect at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application.
(2) A project for which no application has been submitted and accepted as complete prior to the effective date of this chapter shall be subject to all requirements and standards of this chapter.
(Ord. 17, 2006, passed 11-27-2006)