In determining the applicability of this amended Zoning Ordinance with respect to the previous version of zoning regulations, the following rules shall apply:
(a) When a use lawfully existing on the effective date of this amended Zoning Ordinance was classified as a permitted use prior to the effective date of this Ordinance, and such use is classified as a “Conditional Use” by this Ordinance, such use shall be deemed a lawful nonconforming use. Such use may be granted a conditional use permit in the manner prescribed by Article 1311 of these regulations or, alternatively, may continue subject to the nonconforming use provisions of these regulations.
(b) When a use lawfully existing as a permitted use on the effective date of this amended Zoning Ordinance, or any amendment thereto, or any building, structure or lot lawfully existing that does not meet all development standards set forth in this Ordinance, or any amendment thereto, or is no longer classified as permitted, such use, building, structure, or lot shall be deemed lawfully nonconforming and shall be subject to the nonconforming use provisions of Article 1320 of these regulations.
(c) When, before the effective date of this amended Zoning Ordinance, a complete application has been filed for a Building Permit for a building or structure which conforms to all applicable regulations in effect prior to the effective date of this Ordinance, the building or structure may be completed in accordance with the plans on the basis of which the application was submitted. Upon completion, said building or structure may be occupied for the use which was specified on the Building Permit application, provided the use at the time of application was classified as permitted, or if classified as a conditional use, had been approved by the Planning Commission and/or Board of Zoning Appeals. Provided, also, if the use originally intended no longer complies with all requirements of this Zoning Ordinance such use shall be a lawful nonconforming use subject to the nonconforming use provisions of Article 1320 of these regulations or, alternatively, as a conditional use subject to the conditional use provisions of Article 1311 of these regulations. However, in the event that said application or permit expires or is suspended or revoked in accordance with Article 1311 of these regulations, any new permit application that is submitted after the effective date of this Ordinance shall be subject to the regulations in this Ordinance.
(d) All variances granted prior to the effective date of this amended Zoning Ordinance shall remain in full force and effect subject to the conditions of variance approval. However, such variance shall apply only to the specific development standard granted.
(e) All conditional use permits granted prior to the effective date of this amended Zoning Ordinance shall remain in full force and effect subject to the conditions of conditional use approval. Expansion or change in use shall require compliance with this Zoning Ordinance.
(Ord. 318. Passed 2-4-08.)