The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date specified in § 155-1.20) to this zoning ordinance.
(A) Applications, permits and approvals.
(1) Any building, development or structure for which a building permit was issued or a complete permit application had been accepted for processing before October 1, 2012 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the original building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.
(2) Applications for special use permits, temporary use permits, variances or other zoning approvals that were submitted in complete form and are pending approval on the effective date specified in § 155-1.20 must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in § 155-1.20. Building permits for construction and development approved under such zoning approvals may be issued in accordance with division (A)(3) of this section.
(3) Building permits may be issued for construction or development approved under division (A)(2) of this section, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance.
(4) When a use classified as a special use under this zoning ordinance exists as a special use, permitted use, nonconforming use or a lawful use by court decree on the effective date specified in § 155-1.20, such use will be considered a lawfully established special use under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special use, any use lawfully established before such amendment will be considered a lawfully established special use after the effective date of such amendment. A lawfully established existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to all applicable regulations of Article 155-15.
(B) Violations continue.
(1) Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under § 155-17.20.
(2) If the use, development, construction or other activity that was a violation under the previous ordinance complies with the regulations of this zoning ordinance, enforcement action will cease, except for collecting penalties for violations that occurred before the effective date specified in § 155-1.20.
(3) The adoption of this zoning ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in § 155-1.20.
(C) Nonconformities.
(1) Any nonconformity under the previous zoning ordinance will also be nonconformity under this zoning ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist.
(2) If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
(3) A situation that did not constitute a (lawful) nonconforming situation under the previously adopted zoning ordinance does not achieve (lawful) nonconforming status under this zoning ordinance merely by repeal of the previous zoning ordinance.
(Ord. effective 10-1-2012)