(A) Existing Unlawful Uses and Structures: If a structure or use conforms with the requirements of this Ordinance, then upon adoption of this Ordinance any noncompliance with or violation of the predecessor ordinance is deemed to be of no effect;
(B) Uses Rendered Non-Conforming: When a lot is used for a purpose which was a lawful use before the effective date of this Ordinance, and this Ordinance or any amendment thereto no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a nonconforming use and shall be controlled by the provisions of Section 2.3
of this Chapter;
(C) Buildings, Structures and Lots Rendered Non-Conforming: Where any building, structure, or lot which existed on the effective date of this Ordinance does not meet all standards set forth in this Ordinance or any amendment thereto, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of Section 2.3
of this Chapter;
(D) Non-Conforming Uses Generally: In order to qualify as a non-conforming use, the way in which the use was actually conducted as well as the purpose of the use must be lawful.
(Ord. 14-35, passed 09-24-2014)
The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance:
(A) In their application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety and general welfare, and shall be construed to achieve the purposes for which this Ordinance is adopted;
(B) In the event of any conflict between the limitations, requirements, or standards contained in different provisions of this Ordinance applying to an individual use or structure, the more restrictive provision shall apply. However, the regulations for overlay zoning districts which are set forth in Chapter 8 shall control in the event of any conflict between those regulations and the regulations which are set forth in Chapter 8 for the general zoning district, regardless of whether they are more strict or less strict than the regulations for the general use district;
(C) In the event of a conflict or inconsistency between the text of this Ordinance and any caption, figure, illustration, table, image or map contained herein, the text shall control;
(D) The words shall, must, and will, are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The word "may" is permissive in nature. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. When the term" in writing" is used, it shall also constitute electronic mail, unless State law or this ordinance prohibits. Words used in the masculine gender include the feminine gender, and vice versa;
(E) Any act authorized by this Ordinance to be carried out by a specific official of the Village is impliedly authorized to be carried out by a designee of such official;
(F) Notwithstanding Subsection (E) above, elected and appointed officials are agents of the Village within the scope defined in Chapter 3 of this Ordinance and The Code of the Village of Pinehurst. Such officials include, but are not limited to: the Village Council, the Planning and Zoning Board, the Zoning Board of Adjustment, and the Historic Preservation Commission.
(Ord. 14-35, passed 09-24-2014)
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