(1) Purpose
The purpose of these transitional rules is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, on the effective date of this code.
(2) Violations Continue
(a) Any violation that existed at the time this amendment became effective shall continue to be a violation under this code and is subject to penalties and enforcement under Section 154.13: Enforcement and Penalties, unless the use, development, construction, or other activity complies with the provisions of this code.
(b) Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this code.
(3) Nonconformities Continue
(a) Any legal nonconformity that existed at the time this amendment became effective shall continue to be a legal nonconformity under this code as long as the situation that resulted in the nonconforming status under the previous code continues to exist, and shall be controlled by Section 154.12: Nonconformities.
(b) If a legal nonconformity that existed at the time this amendment became effective becomes conforming because of the adoption of this amendment, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to nonconformities.
(4) Processing of Applications Commenced or Approved Under Previous Regulations
(a) Pending Projects
(i) Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision- making body prior to the effective date of this code, shall be reviewed in accordance with the provisions of the regulations in effect on the date the application was deemed complete by the city.
(ii) If a complete application is not filed within the required application filing deadlines in effect prior to the adoption of this code, the application shall expire and subsequent applications shall be subject to the requirements of this code.
(iii) Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
(iv) An applicant with a pending application may waive review available under prior regulations through a written letter to the city and request review under the provisions of this code.
(b) Approved Projects
(i) Approved planned unit developments, site plans, variances, certificates of appropriateness, special uses, zoning permits, zoning compliance permits, or other approved plans or permits that are valid on the effective date of this code shall remain valid until their expiration date, where applicable.
(ii) Any building or development for which a permit or certificate was granted prior to the effective date of this code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this code, as long as the permit or certificate remains valid.
(iii) If the development for which the permit or certificate is issued prior to the effective date of this code fails to comply with the time frames for development established for the permit or certificate, the permit or certificate shall expire, and future development shall be subject to the requirements of this code.
(5) Vested Rights
The transitional rule provisions of this section are subject to Ohio's vested rights laws.
(6) References to Previous Zoning Districts
Some of the base and overlay zoning district names and abbreviations established within this code differ from previous versions of this code. In instances where there may be references to the previous zoning district nomenclature, Table 154.01-1 identifies how each of the previous zoning districts were renamed or changed for this code. This section shall only be used for comparison purposes only.
Zoning Districts Established Prior to 3/17/14 | Zoning Districts Established in this Code as of 3/17/14 | ||
ABBREVIATION | DISTRICT NAME | ABBREVIATION | DISTRICT NAME |
Zoning Districts Established Prior to 3/17/14 | Zoning Districts Established in this Code as of 3/17/14 | ||
ABBREVIATION | DISTRICT NAME | ABBREVIATION | DISTRICT NAME |
Residential Districts | |||
R-1 | Open Space Residential | R-1A | Suburban Residential |
R-1A | Suburban Residential | ||
R-1B | Neighborhood Residential | R-1B | Neighborhood Residential |
R-1C | Urban Residential | R-1C | Urban Residential |
R-2 | Urban Residential | R-2 | Two-Family Residential |
R-3 | Urban Residential | R-3 | Multi-Family Residential |
Business Districts | |||
OR | Office-Residential | Eliminated - Properties Rezoned to Other Districts | |
OS | Office-Service | OS | Office Service |
CB | Convenience Business | GB | General Business |
GB | General Business | ||
HS | Highway Service | HB | Highway Business |
CC | Community Center | CC | Community Center |
I-1 | Light Industrial | LI | Light Industrial |
I-1D | Light Industrial District | Eliminated - Properties Rezoned to LD Legacy Development and LI Light Industrial | |
LD | Legacy Overlay District | LD | Legacy Development |
I-2 | General Industrial | GI | General Industrial |
Special Districts | |||
PR | Planned Residential | PD | Planned Development District (Discontinued). Planned developments that were illustrated on the zoning map but did not have a previously approved development plan were rezoned to a base zoning district. |
PMH | Planned Mobile/Manufactured Home Residential | ||
PC | Planned Commercial | ||
PHS | Planned Highway Service | ||
POI | Planned Office/Industrial | ||
CD | Conservation | CD | Conservation District |
WO | Wellhead Operation | WP | Well Field Protection Overlay |
Overlay Districts | |||
RA | Old Tippecanoe City Restoration and Architectural District Overlay | RA | Old Tippecanoe City Restoration and Architectural District Overlay District |
FA | Flood Hazard Area Overlay | FA | Flood Hazard Area Overlay District |
WP | Well Field Protection Overlay | WP | Well Field Protection Overlay District |
(Ord. 5-14, passed 3-17-2014)