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Dyersville City Zoning Code

165.02 TRANSITIONAL

PROVISIONS

   165.02.01.   Pending Applications. Each application, permit, development agreement, resolution, or action of the Administrator, Board, Commission, or City Council for development approval shall be evaluated by the regulations that were in effect at the time the application was submitted, including applications pending on the effective date of this chapter.
   165.02.02.   Predated Approvals. It is the intent of the City to respect existing development approvals and building permits. Approved development and building plans may be carried out within the scope of the approved plans, including applicable standards in effect at the time of approval provided the approval is valid and has not expired. The following situations shall apply:
      A.   Nothing in this Zoning Ordinance shall be deemed to require any change in the plans, construction, or designated use of any structure that was lawfully approved, not expired, and commenced construction within 90 days of the effective date of this Zoning Ordinance in effect at the time of approval while also thereafter pursued to completion.
      B.   Development approvals that are valid on the effective date of this Zoning Ordinance are valid for the duration specified at the time of approval, or if no duration was specified, then 365 days.
   165.02.03.   Existing Variances and Conditional Use Permits.
      A.   Any variance or conditional use permit lawfully issued for a lot or parcel of land prior to the effective date of this Zoning Ordinance, which could be lawfully issued pursuant to the provisions of this Zoning Ordinance in effect at the time of approval shall be deemed to be valid. Any structure or use of land lawfully authorized by any variance or conditional use permit, which could not be issued after the effective date of this Zoning Ordinance shall be allowed to continue subject to the provisions of Section 165.11: Non-Conforming Development.
      B.   Any existing structure or use of land established as of right for a lot or parcel of land under any previous regulations in which it is listed as a conditional or use in this Zoning Ordinance shall be a lawful conditional use of land upon the adoption of this Zoning Ordinance; provided, however, that any such existing structure or use of land that is vacated, abandoned, or for which there is a change of ownership shall be null and void.
   165.02.04.   Prior Conditions of Approval. Conditions of development approvals and agreements that were granted prior to the effective date remain in force, regardless of the standards of this Zoning Ordinance. Prior conditions may be modified or eliminated pursuant to new applications listed in this Zoning Ordinance.