(A) Existing illegal structures and uses. A structure or use that is illegal at the time of 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 to every requirement of this chapter, then the structure or use remains illegal.
(B) 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, and now that use is classified as a conditional use as of the effective date of this chapter, that use is deemed a lawful conditional use. Any subsequent addition, enlargement or expansion of that use must conform to the procedural and substantive requirements of this chapter for conditional uses.
(2) If a structure or land is used in a manner that was classified as a conditional 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 deemed a lawful 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 conditional use ordinance under which it was originally approved.
(3) If a structure or land is used in a manner that was classified as permitted or conditional use prior to the effective date of this chapter, but this chapter no longer classifies that use as either permitted or conditional use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions outlined within the nonconformities section of this chapter.
(C) 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, 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 and is controlled by the provisions outlined within the nonconformities section of this chapter.
(D) Previously issued building permits. If a building permit for a 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 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.
(E) Previously granted conditional uses and variations. All conditional uses and variations granted prior to the effective date of this chapter, except as deemed permitted or legal by this chapter, remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the approved plans and all applicable conditions. However, if the recipient has failed to act on the conditional use or variation before the approval expires, including any periods of extension granted, the provisions of this chapter will govern.
(F) Pending applications. An application that has been deemed complete and scheduled for a public hearing or meeting, as applicable, is subject to the chapter requirements in effect on the date the application was deemed complete.
(Ord. 19-O-20, passed 9-17-2019)