§ 159.85  EFFECT UPON EXISTING PERMITS, AGREEMENTS, RIGHTS AND THE LIKE.
   (A)   Existing permits and private agreements. This subchapter is not intended to abrogate or annul:
      (1)   Any permits issued before the effective date of this subchapter; or
      (2)   Any easement, covenant or any other private agreement.
   (B)   Preserving rights in pending litigation and violations under existing ordinances.
      (1)   By the passage of this subchapter, no presently illegal use shall be deemed to have been legalized unless the use falls specifically within a use district where the actual use is a conforming use.  Otherwise, the uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
      (2)   It is further the intent and declared purpose of this subchapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this subchapter; but prosecution and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending be proceeded within all respects as if the prior ordinance had not been repealed.
(2005 Code, § 12-11-6)