§ 30-1.5. Transition rules.

In determining the applicability of this Ordinance, with respect to the previously applicable zoning regulations, the following rules apply.

(a)

Existing illegal structures and uses. A structure or use that is illegal at the time of the adoption of this Ordinance, but is made legal by the provisions of this Ordinance, is deemed lawful as of the effective date of this Ordinance. However, if that structure or use does not conform to each and every requirement of this Ordinance, then that structure or use remains illegal.

(b)

Existing permitted and special uses.

(1)

Where a structure or land is used lawfully on the effective date of this Ordinance as a permitted use and that use is classified as a permitted use by this Ordinance in the zoning district in which it is located, that use is deemed a lawful permitted use.

(2)

When a structure or land is used lawfully on the effective date of this Ordinance as a special use and that use is classified as a special use by this Ordinance in the zoning district in which it is located, that use is hereby deemed a lawful special use.

(3)

Where a structure or land is used lawfully on the effective date of this Ordinance as a permitted use and that use is classified as a special use by this Ordinance in the zoning district in which it is located, that use is deemed a lawful special use. Any subsequent addition, enlargement or expansion of that use is required to conform to the procedural and substantive requirements for special uses pursuant to this Ordinance.

(4)

Where a structure or land is used lawfully on the effective date of this Ordinance as a special use and that use is classified as a permitted use by this Ordinance in the zoning district in which it is located, that use is deemed a lawful permitted use. Any subsequent addition, enlargement or expansion of that use is required to conform to the requirements of this Ordinance and any conditions set forth in the original special use approval.

(c)

Uses rendered non-conforming. If a structure or land is used in a manner that was a lawful use before the effective date of this Ordinance, and this Ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal non-conforming use and controlled by the provisions of Article 30-17 (Non-conformities).

(d)

Structures rendered non-conforming. If a structure existing on the effective date of this Ordinance was a conforming structure before the effective date of this Ordinance, and such structure does not meet all standards set forth in this Ordinance, that structure shall be deemed a legal non-conforming structure and controlled by the provisions of Article 30-17 (Non-conformities).

(e)

Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance, 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.

(1)

All special uses and variations granted prior to the effective date of this Ordinance shall remain in full force and effect. The recipient of the special use or variation may proceed to develop the property in accordance with the previously approved plans including any 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 Ordinance govern.

(2)

Any addition to or expansion of a lawful special use requires new special use approval in accordance with the procedures and standards set forth for special uses.

(3)

Any new owner or occupant of a lawful special use may continue operation of that use without needing a new special use approval pursuant to this Ordinance, provided that the operation of the lawful special use is continued in the same manner as it existed on the effective date of this Ordinance.

(g)

Pending applications. Where an application is pending on the effective date of the Ordinance, and notice of the public hearing on such application has issued before the effective date of this Ordinance, the application is governed by the Ordinance in effect prior to adoption of this Ordinance. In all other cases where an application is pending on the effective date of this Ordinance and no notice of a public hearing has been issued, the provisions of this Ordinance govern.

(Code 1993, § 20-1.5)