(A) Violations continue. Any violation of the previous zoning ordinance or subdivision ordinance will continue to be a violation under this chapter and be subject to penalties and enforcement under §§ 153.375 through 153.383 and 153.999, unless the use, development, construction, or other activity complies with the provisions of this chapter, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before October 18, 2012.
(B) Legal nonconforming under prior ordinance. Any legal nonconformity under the previous zoning ordinance will also be a legal nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous zoning ordinance continues to exist. If a nonconformity under the previous zoning ordinance becomes conforming because of the adoption of this chapter, then the situation will no longer be considered a nonconformity.
(C) Approved projects.
(1) Variances and preliminary subdivision plats that have received approval by the town shall remain valid until their expiration date. Construction pursuant to such approval may be carried out in accordance with the development standards in effect at the time that approval was granted, provided that the permit or approval remains valid and has not lapsed. As of October 18, 2012, all construction shall be subject to strict compliance with the regulations of this chapter.
(2) No provision of this chapter shall require any change in the plans, construction, or designated use of any structure for which a zoning permit or building permit has been issued prior to October 18, 2012, provided that permit does not lapse and remains valid.
(3) No previously approved lot shall be deemed an unusable lot under the provisions of this chapter.
(D) Special exception uses.
(1) Any use that was legally established before October 18, 2012 without special exception use approval and which, after October 18, 2012, is located in a zoning district that requires special exception approval for the subject use shall not be considered nonconforming merely as a result of not having secured special exception approval. Expansions and modifications of such uses shall be subject to the nonconforming uses section of §§ 153.355 through 153.361.
(2) Any use that was legally established before October 18, 2012, with a conditional use permit and which, after October 18, 2012, is located within a zoning district that requires special exception approval for the subject use may continue to be operated under the terms of the original conditional use permit. The use shall be subject to all applicable standards of this chapter. Expansion and modifications of such uses shall be subject to the nonconforming uses section of §§ 153.355 through 153.361.
(Ord. 2012-06, § 1.11, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)