In determining the applicability of this chapter, with respect to the previously applicable zoning regulations, the following rules shall apply:
(A) Existing illegal structures and uses. A structure or use that is illegal at the time of the adoption of, but is made legal by the provisions of this chapter, is deemed lawful as of the effective date of this chapter. However, if that structure or use does not conform with each and every requirement of this chapter, then that structure or use shall remain illegal.
(B) Existing permitted uses. If property is used in a manner that was classified as a permitted use prior to the effective date of this chapter, and that use is classified as a special use by this chapter as of the effective date of this chapter, that use shall be deemed a lawful special use. However, any subsequent addition, enlargement or expansion of that use shall be required to conform to the procedural and substantive requirements for special uses pursuant to this chapter.
(C) Certain uses rendered nonconforming. If property is used in a manner that was a lawful use before the effective date of this chapter, and 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 shall be deemed a legal nonconforming use and shall be controlled by the provisions of §§ 153.280 through 153.285.
(D) Certain structures rendered nonconforming. If structure existing on the effective date of this chapter was a conforming structure before the effective date of this chapter, and such structure does not meet all standards set forth in this chapter, that structure shall be deemed a legal nonconforming structure and shall be controlled by the provisions of §§ 153.280 through 153.285.
(E) Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this chapter, and if construction has begun within 180 days of the issuance of that permit and diligently pursued to completion, 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 under an occupancy permit for the use originally intended.
(F) Previously granted special uses and variations. All special uses and variations granted prior to the effective date of this chapter shall remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the plans approved by the Village Board or Planning and Zoning Commission and any applicable conditions. However, 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 chapter shall govern.
(G) Pending applications. If an application is pending on the effective date of this chapter, the provisions of this chapter shall govern that application.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999