Page 12 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-1. iNtrODUctOrY PrOViSiONS DRAFT

Transitional Provisions

134-1.11 Transitional Provisions specified in 134-1.3.
The provisions of this section address the transition
to this zoning ordinance from the zoning ordinance in 134-1.12 Severability
effect immediately before the effective date specified in If one or more provisions of this ordinance, or the
134-1.3. application of this ordinance is held to be unlawful,
invalid, unenforceable, or preempted by applicable
1.11.1 APPlicAtiONS, PerMitS AND APPrOVAlS state or federal law or regulations, including Iowa Code
A. Any building, development or structure for which a Chapter 8C and/or the Spectrum Act and similar FCC
building permit was issued or a complete building regulations, such provisions are deemed to be severed
permit application had been accepted for processing from this zoning ordinance. The remaining ordinance
before the effective date specified in 134-1.3 may provisions remain in full force and effect.
be completed in conformance with the issued
building permit and other applicable permits and
conditions, even if such building, development or
structure does not comply with provisions of this
zoning ordinance. If the building, development or
structure is commenced but not completed within
the time allowed under the original building permit
and any authorized permit extension, the building,
development or structure may be constructed,
completed and occupied only if it complies with the
regulations of this zoning ordinance.
B. Complete applications for variances, exceptions,
special permits, conditional uses, site plans, PUDs,
and other zoning-related approvals that are pending
approval on the effective date specified in 134-1.3
must be reviewed wholly under the terms of the
zoning ordinance in effect immediately preceding
the effective date specified in 134-1.3.
c. The community development director is authorized
to issue permits for construction or development
approved before the effective date specified in
134-1.3 and for developments pending approval
before that effective date even if such building,
development or structure does not fully comply
with provisions of this zoning ordinance. If building
is not commenced and completed within the time
allowed under the permit and any authorized
permit extension, then the building, development
or structure may be constructed, completed and
occupied only if it complies with the regulations of
this zoning ordinance.

1.11.2 ViOlAtiONS
The adoption of this zoning ordinance does not affect
any pending or future suit, proceeding or prosecution
of, or action to abate, violations of the previous zoning
ordinance that occurred before the effective date

require that all annexed land be brought in as A-1. The
existing provisions addressing nonconforming single-fam-
ily dwellings will be moved to the “nonconformities” article
of the ordinance

134-1-4 DRAFT AUgUST 3, 2017