(A) Existing Illegal Structures And Uses: A structure or use that is illegal at the time of the adoption of, but is made legal by the provisions of this title, is deemed lawful as of the effective date of this title. However, if that structure or use does not conform to every requirement of this title, then that structure or use remains illegal.
(B) Existing Uses:
1. If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this title, and now that use is classified as a special use as of the effective date of this title, that use is deemed a lawful special use. Any subsequent addition, enlargement or expansion of that use must conform to the procedural and substantive requirements of this title for special uses.
2. If a structure or land is used in a manner that was classified as a special use prior to the effective date of this title, and that use is now classified as a permitted use as of the effective date of this title, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use must conform to any title requirements for such permitted use and is no longer subject to the conditional use ordinance under which it was originally approved.
3. If a structure or land is used in a manner that was classified as permitted or special use prior to the effective date of this title, but this title no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions of Chapter 10-12 (Nonconformities).
(C) Structures Rendered Nonconforming: If a structure lawfully existing on the effective date of this title was a conforming structure before the effective date of this title, but such structure does not meet all standards set forth in this title in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Chapter 10-12 (Nonconformities).
(D) Lots Rendered Nonconforming: If a lot of record lawfully existing on the effective date of this title was a conforming lot before the effective date of this title, but such lot does not meet all standards set forth in this title in the zoning district in which it is located, that lot is deemed a nonconforming lot of record and is controlled by the provisions of Chapter 10-12 (Nonconformities).
(E) Previously Issued Zoning Permits: If a zoning permit for a structure was lawfully issued prior to the effective date of this title, and if construction has begun within one hundred eighty (180) days of the issuance of that permit and diligently pursued to completion, 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 under an occupancy permit for the use originally intended.
(F) Previously Granted Special Uses And Variations: All special uses and variations granted prior to the effective date of this title, except as deemed permitted or legal by this title, remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the approved plans and all applicable conditions. However, if the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this title will govern.
(G) Previous Adopted Zoning Ordinances: Existing structures and uses that were in compliance with previous Zoning Ordinances or previously permitted, and not in compliance with current Zoning Ordinance, shall be grandfathered in under new Zoning Ordinances, until such time that property owner requests or proposes changes to property dimensions, zoning district, structure, land use, setbacks, or variances. At such time of request, proposed modifications shall follow current title version. Existing structures or uses that were not previously in compliance with past Zoning Ordinances or previously permitted, except for subsection (A) above, shall remain out of compliance with new Zoning Ordinances.
(H) Pending Applications: An application that has been deemed complete and scheduled for a public hearing or meeting, as applicable, is subject to the title requirements in effect on the date the application was deemed complete. (Ord. 2021-04, 6-22-2021)