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A. Plan Commission. Any application (e.g., development plan review, primary plat) filed with the Plan Commission that is full and complete prior to the effective date of this Unified Development Code shall be regulated by the terms and conditions of the zoning ordinance and/or subdivision control ordinance that were in place at the time of filing. However, all administrative procedures and fees shall follow those established in this Unified Development Code.

B. Rezone. Any application for a zone map amendment (i.e., rezone) filed with the Plan Commission that is full and complete prior to the effective date of this Unified Development Code shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and fees shall follow those established in this Unified Development Code.

C. Recorded Commitment or Condition – Rezone. Any conditions or recorded commitment made applicable to a lot as a part of rezoning and established prior to this Unified Development Code’s effective date shall remain in full effect and force regardless of regulation changes in this Unified Development Code. Essentially, the stricter of the two shall apply. The owner of a lot with a recorded commitment or condition may petition for the commitment or condition to be removed or modified through the zone map amendment (i.e., rezone) process.

D. Board of Zoning Appeals. Any application (e.g., development standards variance, administrative appeal) filed with the Board of Zoning Appeals that is full and complete prior to the effective date of this Unified Development Code shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing; provided, that the appeal is still required by the terms of this Unified Development Code. However, all administrative procedures and fees shall follow those established in this Unified Development Code.

E. Planned Development. An application for a planned development district filed with the Plan Commission that is full and complete prior to the adoption of an amendment to the planned development district ordinance and/or concept plan shall continue the process pursuant to the terms and conditions of the planned development district ordinance and/or concept plan in place prior to the amendment. However, all administrative procedures and fees shall follow those established in this Unified Development Code.

F. Building Sites. All new building sites shall meet the requirements of the Unified Development Code unless:

1. Improvement Location Permit. A complete improvement location permit application was filed and is still valid; or

2. Buildable Lot. A parcel was approved as a buildable lot by the Plan Commission (valid primary or secondary plat) or the Board of Zoning Appeals (valid development standards variance) prior to the effective date of this Unified Development Code; or

3. Primary Plat. A complete and valid primary plat application has been filed with the Zoning Administrator prior to the effective date of this Unified Development Code.

G. Use Variance. Any use that was established by a use variance granted by the Board of Zoning Appeals prior to the effective date of this Unified Development Code shall remain in full effect and force until:

1. Vacated. The use is vacated or abandoned for a duration of twelve (12) months,

2. Voluntarily Rezoned. The lot is voluntarily rezoned to a district that permits the land use,

3. Reassignment by the County. The lot is reassigned by Jasper County (e.g., during the adoption of the Unified Development Code and official zoning map) to a different zoning classification that permits the land use,

4. Expiration. The term of the use expires per the terms, conditions, or commitments of approval, or

5. Violation. The use becomes noncompliant with its terms, conditions, or commitments of approval, whichever shall occur first.

H. Recorded Commitment or Condition – Use Variance. Any recorded conditions or recorded commitments made applicable to a lot or use as a part of a use variance granted by the Board of Zoning Appeals and established prior to this Unified Development Code’s effective date shall remain in full effect and force regardless of regulations changes in this Unified Development Code. Essentially, the stricter of the two shall apply. The owner of a lot with recorded commitments or recorded conditions may petition for the commitment or condition to be removed or modified through the same Board of Zoning Appeals process during which it was legally applied.

I. Improvement Location Permit. Any application for an improvement location permit review (i.e., site plan review) filed with the Zoning Administrator that is full and complete prior to the effective date of this Unified Development Code shall continue through the process to completion pursuant to the terms, conditions, and regulations of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and fees shall follow those established in this Unified Development Code.

J. Phased Subdivisions. Any subdivision approved as a primary plat with portions of the subdivision (i.e., phases) yet to complete secondary plat approval shall be permitted to utilize the minimum lot size, minimum lot width, and setback standards applicable to the previously approved phases.

K. Pre-Existing Platted Lots. Any undeveloped lot which existed within a platted subdivision without sewer and/or water utilities prior to the effective date of this Unified Development Code shall be exempt from the sewer and water standards. [Ord. 9-4-12A § 1; Ord. 12-27-11 § 1.11.]