The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date of this Zoning Ordinance).
(A) Applications, Permits and Approvals. Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before the effective date of this Zoning Ordinance may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this Zoning Ordinance. If the building is not commenced within the time allowed under the original building permit, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this Zoning Ordinance.
(B) Applications for special uses, variations or other zoning approvals that were submitted in complete form and are pending approval before the effective date of this ordinance must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date of this Zoning Ordinance. Building permits for construction and development approved under such zoning approvals may be issued even if such building, development or structure does not fully comply with provisions of this Zoning Ordinance. If building is not commenced within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this Zoning Ordinance.
(C) When a use classified as a special use under this Zoning Ordinance exists as a permitted use on the effective date of this Zoning Ordinance, that use will be considered a lawfully established special use under this Zoning Ordinance.
(D) When an approved variance or special use has been lawfully established prior to the effective date of this Zoning Ordinance, such variance or special use shall be deemed valid subject to any conditions placed thereon at the time of approval.
(E) When any amendment to this Zoning Ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of the amendment.
(F) A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located under this Zoning Ordinance will be considered a nonconforming use and will be subject to all applicable regulations of Chapter 10 of this Zoning Ordinance.
(G) Violations Continue. Any violation of the previous zoning ordinance will continue to be a violation under this Zoning Ordinance and be subject to enforcement under Chapter 19 of this Zoning Ordinance.
1. If the use, development, construction or other activity that was a violation under the previous zoning ordinance complies with the express terms of this Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this ordinance.
2. The adoption of this Zoning Ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date of this Zoning Ordinance.
3. Any nonconformity under the previous zoning ordinance will also be nonconformity under this Zoning Ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist.
(a) If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
(b) A situation that did not constitute a (lawful) nonconforming situation under the previously adopted zoning ordinance does not achieve (lawful) nonconforming status under this Zoning Ordinance merely by repeal of the previous zoning ordinance. (Ord. 2021-4931, 11-15-2021)