The following transitional provisions shall apply to various activities, actions and other matters pending or occurring on the original effective date of this chapter:
(A) Violations continue. Any violation of this chapter shall continue to be a violation and shall be subject to prosecution as such. Any such violation shall also be a violation subject to abatement, removal or other equitable remedies hereunder unless the use, development, construction or other activity is clearly consistent with the express terms of this chapter.
(B) Nonconforming situations under prior ordinances or regulations. Any legal nonconforming use, building or lot under a prior ordinance or regulation of the legislative body shall be a legal nonconforming use, building or lot under this chapter, subject to the provisions of §§ 153.001 through 153.017.
(C) Continuing construction. Any building for which a building permit was issued prior to the date on which this chapter applied to it may be completed in conformance with the issued building permit and other applicable permits and conditions, including the plans submitted for the approval of the permit(s). If such building does not fully conform to the provisions of this chapter or if the use for which it was designed is not permitted under this chapter, such building may be occupied and used as a legal nonconforming building or use, subject to the provisions of §§ 153.001 through 153.017. If construction is not timely begun or completed, in accordance with the applicable permit terms, the Planning Commission may, for good cause shown, grant not more than one extension of not more than six months for such construction. If the building is not timely completed, within the time allowed under the original permit or any extension granted, then the building may be constructed, completed and/or occupied only in strict compliance with the requirements of this chapter.
(D) Continuing development. Any subdivision for which a final plat was recorded in the office of the Allen County Clerk prior to the date on which this chapter applied to it may be completed in accordance with its terms. If such subdivision or development does not fully conform to the provisions of this chapter, the subdivision or development (including any buildings for which plans were included in a development approval) may be completed and used and shall exist as a legal nonconforming lot or nonconforming building, subject to the provisions of §§ 153.001 through 153.017.
(Ord. 665-998, passed 12-21-1998)