Section 8.05 Nonconforming Plans
   A.   APPROVED PLANS
      1.   Previously Approved Plans Grandfathered
      Any plan (including but not limited to preliminary plats, site plans, construction plans, final plats, conditional zoning district plans, conditional use permit plans) for the development of property and/or construction of a building which has received final approval by the town for development and/or construction, but does not conform to this ordinance, may be developed and/or constructed in accordance with the rules and regulations, including any conditions imposed upon approval, that were in place prior to the effective date of this ordinance. Any plan approved prior to the adoption of this ordinance, but which conforms to its provisions, shall be administered, interpreted, amended and implemented in accordance with the provisions of this ordinance.
      2.   Choice of New Ordinance
      A property owner with an approved plan as identified in 8.05.A.1. above may elect to develop such property and/or construct such building in accordance with the terms and provisions of this ordinance in lieu of the rules and regulations upon which the plan was approved. The Administrator shall notify the property owner in writing of any additional required procedures or modifications which may be necessary in order for the plan to conform to the ordinance.
      3.   Amendments or Modifications of Previously Approved Plans
      Any amendment or modification to an approved plan, which would have required approval pursuant to the ordinance, the rule or regulation by which the plan was originally approved, shall be reviewed and considered in accordance with the terms and provisions of this ordinance as if it were an amendment or modification to a plan originally approved under this ordinance.
   B.   VESTED RIGHTS
      This section does not prohibit the exercise of any vested right established by common law ordinance or statute.
(Ord. passed 2-14-2017)