17-1-9 Transitional provisions.
A. Violations Continue. Any violation of the previous zoning ordinance will continue to be a violation under this title and will be subject to penalties and enforcement under Chapter 17-3, unless the use, development, construction, or other activity complies with the provisions of this title.
B. Legal Nonconformities. Any legal nonconformity under the previous zoning ordinance or created by the adoption of this title will be a legal nonconformity under this title. Nonconforming uses may only be expanded within the area of an existing conforming building. If a legal nonconforming use or structure under the previous zoning ordinance becomes conforming because of the adoption of this title, then the nonconformity expires. A legal nonconforming use will become an illegal nonconforming use if the use lapses for twelve consecutive months and may not be re-established.
C. Approved Projects and Existing Lots. The provisions of this title shall affect approved projects and existing lots as follows:
1. Use permits, variances, architectural or design approvals, subdivided lots, master plan overlays, subdivision maps and planned unit developments, which are valid on January 2, 2002, shall remain valid until their expiration date. Projects with valid approvals or permits may be constructed as approved; provided, that the permit or project approval is valid and has not lapsed. Any change in the use or occupation of such land shall be made in accordance with the amended provisions of this title.
2. No provision of this title shall require any change in the plans, construction, or designated use of any structure for which a permit has been issued prior to January 2, 2002.
D. Vested Rights/Applications in Progress/Reapplication. An applicant with rights vested before January 2, 2002, and pending approval on January 2, 2002, may opt for review wholly under the terms of the previous zoning ordinance or under this title. Any reapplication for a permit that has expired must comply with the standards in effect at the time of reapplication. Projects for which no application has been submitted and accepted as complete prior to January 2, 2002, shall be subject to all requirements and standards of this title. (Ord. 8/22/2006O-14 § 1 (part); Ord. 12-11-2001C § 2 (part))