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Section 1201.09    Transitional Provisions

This section addresses the applicability of new substantive standards enacted by this Code to
activities, actions, and other matters that are pending or occurring as of the effective date of this

  1. Violations Continue
    Any violation of the previous zoning, subdivision, or sign regulations of the City shall continue to be a violation under this land development code and shall be subject to the penalties and enforcement set forth in Chapter 1212, unless the use, development, construction, or other activity is clearly consistent with the express terms of this Code.

  2. Nonconformities Under Previous Ordinance
    Any nonconformity under the previous zoning or sign regulations of the City shall be considered a legal nonconformity under this Code, so long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If, however, a nonconformity under a previous ordinance becomes conforming as a result of the adoption of this Code, or any subsequent amendments thereto, then such situation shall no longer be considered a nonconformity. (See Section 1206.05, "Nonconforming Uses/Structures/Lots".)

  3. Completion of Development Plans Commenced or Approved Under Previous Ordinances
    1. Buildings or Developments with Previously Issued Zoning Certificates.
      Any building or development for which a zoning certificate was granted or allotted 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. If construction is not commenced or completed in accordance with the applicable permit terms, the Municipal Planning Commission may, for good cause shown, grant not more than one extension of up to six (6) months. If the building or development is not completed within the time allowed under the original permit or any extension granted, then the building shall be constructed, completed, or occupied only in compliance with the requirements of this Code.

    2. For purposes of this subsection, "substantially completed" means where, in the judgment of the City Manager:
      1. At least ninety (90) percent (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition of final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use; or
      2. At least fifty (50) percent of all phases have been one-hundred (100) percent built-out with respect to lots.