A. Applications submitted before effective date. Development applications or reapplications or requests for permit renewal or reinstatement that were submitted in complete form and are pending approval before the effective date, may be reviewed wholly under the terms of the zoning ordinance in effect immediately before this chapter and which this chapter supersedes in its entirety on the effective date ("previous ordinance"), or may be reviewed wholly under the terms of this chapter. Whether such review takes place under the previous ordinance or under this chapter shall be at the discretion of the applicant. The applicant's decision as to which ordinance shall apply, once submitted, shall not be subject to change. All development applications or reapplications or requests for permit renewal or reinstatement submitted on or after the effective date will be subject to and reviewed wholly under the terms of this chapter.
See
Building Department for information about applications and permits.
B. Permits issued before the effective date. Any building, development or structure for which a final building permit was issued before the effective date 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 chapter. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this chapter.
See
Building Department for information about applications and permits.
C. Violations continue. Any violation of the previous ordinance will continue to be a violation under this chapter and shall be subject to penalties and enforcement under
§ 360-1.10: Enforcement. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date. The adoption of this chapter does not affect or prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date.
D. Nonconformities. Any nonconformity under the previous ordinance will also be a nonconformity under this chapter, unless changes to this chapter, or any subsequent amendment to it, permit the previously nonconforming use, structure or sign.
E. Existing uses.
(1) When a use classified as a special use under this chapter exists as a special use or permitted use on the effective date, such use will be considered a legal special use except as otherwise expressly provided in this section.
(2) When any amendment to this chapter changes the classification of a permitted use to a special use, any use legally established before such amendment will be considered a legal special use after the effective date of such amendment.
(3) 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
§ 360-1.10: Enforcement.
