The following transition rules shall apply in determining the applicability of this Code with respect to the previously applicable zoning regulations.
(A) Existing illegal uses, structures, and lots. Any use, structure, or lot that was established illegally as of the effective date of this Zoning Code, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Zoning Code.
(B) Permitted uses rendered special uses. If a use was classified as a permitted use prior to the effective date of this Code, and is classified as a special use as of the effective date of this Code, or its subsequent amendments, that use shall be deemed a lawful special use. Any subsequent addition, enlargement, or expansion of that use shall conform to this Code's requirements for special uses.
(C) Special uses rendered permitted uses. If a use was classified as a special use prior to the effective date of this Code, and is classified as a permitted use as of the effective date of this Code, or its subsequent amendments, that use shall be deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to this Code's requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.
(D) Uses rendered nonconforming. If a use was classified as a permitted or special use prior to the effective date of this Code, and this Code no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of § 1252.05 (Nonconformities).
(E) Structures and lots rendered nonconforming. If a structure or lot existing on the effective date of this Code was conforming prior to the effective date of this Code, and such structure or lot does not meet all standards set forth in this Code, that structure or lot shall be deemed legally nonconforming and shall be controlled by the provisions of § 1252.05 (Nonconformities).
(F) Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Code, and if construction has begun within three months of the issuance of that permit and diligently pursued to completion, the structure may be completed based on the previously issued building permit, and may be occupied under an occupancy permit for the use originally intended upon completion.
(G) Previously granted special uses and variations. All special uses and variations granted prior to the effective date of this Code shall remain in effect. The recipient of the special use or variation may proceed to develop the property in accordance with the plans and any applicable conditions approved by the City Council (refer to § 1252.01(B) (City Council) or Zoning, Planning, and Development Commission (refer to § 1252.01(C) (Zoning, Planning, and Development Commission)). If the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this Code shall govern.
(H) Pending applications. If an application has been submitted to the city, but has not been scheduled for a public hearing or other required review prior to the effective date of this Code, then the provisions of this Code shall govern the application.
(Ord. 17-31, passed 9-12-2017)