1.5 Transition Rules

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

1.5.A Existing Nonconforming Structures and Uses   

A structure or use that is made nonconforming before the effective date of this Ordinance, but is made conforming by the provisions of this Ordinance or any subsequent amendment to this Ordinance, is lawful as of the effective date of this Ordinance or of any subsequent amendment to this Ordinance. However, any subsequent addition, enlargement or expansion of that structure or use is required to conform to the procedural and substantive requirements of this Ordinance.

1.5.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 conditional use as of the effective date of this Ordinance, that use is deemed a lawful nonconforming use. Any subsequent addition, enlargement, or expansion of that use shall conform to the requirements of this Ordinance.

2.  If a structure or land is used in a manner that was classified as a conditional 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 conditional use ordinance under which it was originally approved.

3.  Planned developments, including previously adopted Residential Planned Community Districts, Central Business District Planned Community Districts, and Mixed-Use Planned Community Districts, shall follow the requirements of Section 4.4. Where a use within a planned development was classified as a conditional 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 comply with Paragraph 2 above.

1.5.C Certain Uses Rendered Nonconforming   

If property is used in a manner that was a lawful use before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and this Ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use is deemed a legal nonconforming use and is controlled by the provisions of Article 25.

1.5.D Certain Structures Rendered Nonconforming   

If a structure existing on the effective date of this Ordinance or any subsequent amendment to this Ordinance was a conforming structure and was legally constructed before the effective date of this Ordinance or any subsequent amendment to this Ordinance, and such structure does not meet all standards set forth in this Ordinance, that structure is deemed a legal nonconforming structure and is controlled by the provisions of Article 25.

1.5.E Certain 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 or any subsequent amendment to this Ordinance, and such lot does not meet all standards set forth in this Ordinance, that lot is deemed a legal nonconforming lot and is controlled by the provisions of Article 25.

1.5.F Previously Issued Building Permits   

If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance, and if substantial construction has begun within one-hundred eighty (180) days of the issuance of that permit, 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.

1.5.G Previously Granted Conditional Uses and Variances   

1. All conditional uses and variances granted prior to the effective date of this Ordinance or any subsequent amendment to this Ordinance remain in full force and effect, unless a conditional use is allowed as a permitted use or a variance was granted for a standard under the former ordinance that no longer exists or applies as of the effective date of this Ordinance.
   1. The recipient of the conditional use or variance may proceed to develop the property in accordance with the approved plans, including all conditions included as part of approval.
   2. If a structure or land is used in a manner that is classified as a conditional use prior to the effective date of this Ordinance and is classified as a permitted use subsequent to the adoption of this Ordinance, and the structure or land was granted a conditional use by the City Council, any provisos attached to the original conditional use shall no longer apply unless authorizing expanded permissions not allowable under this Ordinance.
   3. If a structure or land is used in a manner that is classified as a permitted use prior to the effective date of this Ordinance and subsequent to the adoption of this Ordinance, and the structure or land was granted a variance by the Board of Zoning Adjustments for a standard under the former ordinance that no longer exists, any provisos attached to the original variance shall no longer apply.
2. If the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this Ordinance govern.

Adopted by Ord. No. 29,126, §1, Aug. 12, 2022, Zoning Docket 16/22

1.5.H Pending Applications   

An application that has been received and is complete is subject to the rules in effect on the date the complete application was received.