A. Existing Uses:
1. If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Chapter or any subsequent amendment to this Chapter, and now that use is classified as a special use as of the effective date of this Chapter or any subsequent amendment to this Chapter, that use is classified as a lawful special use. Any subsequent addition, enlargement, or expansion of that use must conform to the procedural and substantive requirements of this Chapter for special uses.
2. If a structure or land is used in a manner that was classified as a special use prior to the effective date of this Chapter, and that use is now classified as a permitted use as of the effective date of this Chapter, that use is classified as a permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any Chapter requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.
3. If a structure or land is used in a manner that was classified as either a permitted use or a special use requiring an approval prior to the effective date of this Chapter or any subsequent amendment to this Chapter, but this Chapter no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use is classified as a nonconforming use.
B. Structures Rendered Nonconforming: If a structure existing on the effective date of this Chapter was a conforming structure before the effective date of this Chapter or any subsequent amendment to this Chapter, but such structure does not meet all standards set forth in this Chapter in the zoning district in which it is located, that structure is deemed a nonconforming structure.
C. Lots Rendered Nonconforming: If a lot existing on the effective date of this Chapter was a conforming lot of record before the effective date of this Chapter or any subsequent amendment to this Chapter, but such lot does not meet all standards set forth in this Chapter in the zoning district in which it is located, that lot is deemed a nonconforming lot.
D. Site Elements Rendered Nonconforming: If a site element existing on the effective date of this Chapter was conforming before the effective date of this Chapter or any subsequent amendment to this Chapter, but such site element does not meet all standards set forth in this Chapter in the zoning district in which it is located, that site element is deemed a nonconforming site element.
E. Previously Issued Building Permits: If a building permit for a structure was lawfully issued prior to the effective date of this Chapter, or any subsequent amendment to this Chapter and if construction has begun within ninety (90) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied for the use originally intended.
F. Previously Granted Variances: All variance approvals granted prior to the effective date of this Chapter, or any subsequent amendment to this Chapter, remain in full force and effect. The recipient of the variance may proceed to develop the property in accordance with the approved plans and all applicable conditions.
G. Existing Planned Unit Developments: Previously approved planned unit developments (PUD) remain in effect and continue to control the development of land that is subject to the PUD. Any amendments to existing PUD are subject to the amendment procedures of this Chapter.
H. Existing Unlawful Uses: Any use that was unlawful at the time of the adoption of this Chapter that is in conflict with the requirements of this Chapter remains unlawful.
I. Pending Applications: An application that has been received and deemed complete, and scheduled for a public hearing or meeting is subject to the rules in effect on the date the application was deemed complete. (Ord. 19-10-26)