(A) Violations Continue: Any violation of the previous zoning or subdivision regulations of the city will continue to be a violation under this title and will be subject to penalties and enforcement under chapter 13 of this title, unless the use, development, construction or other activity is consistent with the express terms of this title, in which case enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in section 14-1-2 of this chapter.
(B) Completion Of Development:
1. Permits Issued Before Effective Date: Any building, development or sign for which a permit was lawfully issued before the effective date specified in section 14-1-2 of this chapter may be completed in conformance with the issued permit. If the building, development or sign is not completed within the time allowed under the original permit, then the building, development or sign may be constructed, completed or occupied only in strict compliance with this title.
2. Preliminary Plats Approved Before Effective Date: If a preliminary plat was approved before the effective date specified in section 14-1-2 of this chapter, final plat approval may be granted in accordance with the preliminary plat. If a final plat is not approved within the time requirements specified by prior ordinance or a schedule included with the preliminary plat approval, the plan commission may grant one or more extensions. If a final plat is not approved within the time required, including any extensions, then the completion of the subdivision and construction of buildings may only occur if the final plat complies with all requirements of this title. If the final plat is not in compliance with this title, then a modified final plat must be submitted and approved pursuant to the procedures of chapter 11 of this title.
(C) Special (Conditional) Uses:
1. Any use that was legally established before the effective date specified in section 14-1-2 of this chapter without a conditional use permit and which after the effective date is located within a zoning district that requires a special use permit for the subject use under this title, will be issued a special use permit without following the procedures of section 14-11-5 of this title. Any use that was legally established prior to the special use permit requirement of this title for the subject use in the zoning district in question will similarly be issued a special use permit without following the procedures of section 14-11-5 of this title. Expansions and modifications of such uses will be subject to section 14-11-5 of this title. Even if a special use permit is issued pursuant to this section, those uses or structures that do not comply with applicable standards of this title, including the use regulations of chapter 3 of this title, will be deemed nonconforming and be subject to the regulations of chapter 12 of this title.
2. Any use that was legally established before the effective date specified in section 14-1-2 of this chapter with a conditional use permit and which after the effective date is located within a zoning district that requires a special use permit for the subject use, may continue to be operated under the terms of the original conditional use permit and will hereby be referred to as a special use. The use will be subject to all applicable standards of this chapter, including the use standards of chapter 3 of this title and the nonconformity regulations of chapter 12 of this title. Expansions and modifications of such uses will be subject to section 14-11-5 of this title.
3. Any use that was legally established before the effective date specified in section 14-1-2 of this chapter with a conditional use permit and which after the effective date is located within a zoning district that does not require a special use permit for the subject use, will continue to be subject to all applicable standards of this title, including the use standards of chapter 3 of this title and the nonconformity regulations of chapter 12 of this title. (Ord. 1379, 6-9-2008)