TRANSITION RULES
103 TRANSITION RULES
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 Ordinance, is deemed lawful as of the effective date of this Ordinance. However, if that structure or use does not conform to every requirement of this Ordinance, 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 Ordinance, and now that use is classified as a special use as of the effective date of this Ordinance, that use is deemed a lawful special use. Any subsequent addition, enlargement, or expansion of that use shall conform to the procedural and substantive requirements of this Ordinance 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 Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to any Ordinance requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.
3. If a structure or land is used in a manner that was classified as either a permitted or special use prior to the effective date of this Ordinance, but 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 is deemed a nonconforming use and is controlled by the provisions of Article 20.
C. Structures Rendered Nonconforming If a structure existing on the effective date of this Ordinance was a conforming structure before the effective date of this Ordinance, but such structure does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Article 20.
D. Lots Rendered Nonconforming If a lot existing on the effective date of this Ordinance was a conforming lot before the effective date of this Ordinance, but such lot does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that lot is deemed a nonconforming lot and is controlled by the provisions of Article 20.
E. Site Elements Rendered Nonconforming If a site element existing on the effective date of this Ordinance was conforming before the effective date of this Ordinance, but such site element does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that site element is deemed a nonconforming site element and is controlled by the provisions of Article 20.
F. Previously Issued Building Permits If a building permit for a structure was lawfully issued prior to the effective date of this Ordinance, and if construction has begun within 180 days of the issuance of that permit with any additional extensions granted by the Building Official, 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.
G. Previously Granted Variances All variance approvals granted prior to the effective date of this Ordinance remain in full force and effect. The recipient of the variance 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 variance before the approval expires, including any periods of extension granted, the provisions of this Ordinance control.
H. Pending Applications An application that has been submitted and deemed complete is subject to the Ordinance requirements in effect on the date the application was deemed complete.