A. Existing Uses.
1. Any use of land that was classified as a permitted use prior to the effective date of this Chapter and is classified as a permitted use as of the effective date of this Chapter or any subsequent amendment to this Chapter, remains classified as a permitted use.
2. Any use of land that was classified a special use prior to the effective date of this Chapter and is classified as a special use as of the effective date of this Chapter or any subsequent amendment to this Chapter remains a special use and is subject to the special use ordinance under which it was approved.
3. Any use of land that was classified as a permitted use prior to the effective date of this Chapter and is classified as a special use as of the effective date of this Chapter or any subsequent amendment to this Chapter, is classified as a special use. Any subsequent addition, enlargement, or expansion of that use must obtain a special use approval.
4. Any use of land that was classified as a special use prior to the effective date of this Chapter and is now classified as a permitted use as of the effective date of this Chapter or any subsequent amendment to this Chapter, is classified as a permitted use, so long as such use, and/or any subsequent addition, enlargement, or expansion, of that use conforms to all Chapter requirements for such use.
5. Any use of land classified as either a permitted use or special use prior to the effective date of this Chapter which is no longer allowed by this Chapter or any subsequent amendment to this Chapter as either a permitted or special use in the zoning district in which it is located, is classified as a nonconforming use.
B. Structures Rendered Nonconforming. Any structure existing lawfully prior to the effective date of this Chapter that does not meet all standards for the zoning district in which it is located, as set forth in this Chapter or any subsequent amendment to this Chapter, is classified as a nonconforming structure.
C. Lots Rendered Nonconforming. Any lot conforming to all requirements of the Zoning Ordinance in effect prior to the effective date of this Chapter that does not meet all standards set forth in this Chapter, or any subsequent amendment to this Chapter is classified as a nonconforming lot. This does not apply to any such lot that does not meet all standards set forth in this Chapter solely by virtue of a taking for right-of-way.
D. Unlawful Uses, Structures, or Lots. Any use of land, structure or lot not lawfully existing prior to the effective date of this Chapter that does not comply with the requirements of this Chapter shall continue to remain unlawful.
E. Site Elements Rendered Nonconforming. If a site element existing on the effective date of this Chapter was conforming before the effective date of this Chapter but such site element does not meet all standards set forth in this Chapter in the zoning district in which it is located, that site element is classified as a nonconforming site element.
F. Existing Unlawful Uses. Any use that was unlawful prior to the effective date of this Chapter that is in conflict with the requirements of this Chapter remains unlawful.
G. 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 90 days of the issuance of that permit, 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 for the use originally intended.
H. Previously Granted Variances. All variance approvals granted prior to the effective date of this Chapter remain in full force and effect. The recipient of the variance may proceed to develop the property in accordance with the approved plans and all applicable conditions.
I. Existing Planned Unit Developments. Previously approved planned unit developments (PUD) remain in effect and continue to control the development of land that is subject to the PUD. Any amendments to existing PUD are subject to the amendment procedures of this Chapter.
J. Pending Applications. An application that has been received and deemed complete, and scheduled for a public hearing or meeting is subject to the rules in effect on the date the application was deemed complete.
(Ord. 885, passed 11-21-2023)