Chapter 15.18
EXISTING USES AND DEVELOPMENT
Sections:
15.18.020 Continuation of existing Class (1), (2), and (3) uses.
15.18.030 Continuation of planned developments—Limitations.
15.18.040 Continuation of construction started.
15.18.050 Modifications to an existing Class (1), (2), or (3) use.
15.18.010 Purpose and intent.
Within the zoning districts established by this title, or zoning district amendments that may later be adopted, uses may exist that were legally established prior to the effective date of the ordinance codified in this title. These may be classified under YMC Chapter 15.04 as a Class (1), (2), or (3) use in a particular zoning district. This chapter provides for the continuation of these existing uses even though they have not been through a Type (1), (2), or (3) review process and may not conform to the development standards of this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.020 Continuation of existing Class (1), (2), and (3) uses.
A. Generally. Existing uses shall be permitted to continue provided they remain otherwise lawful.
B. Continuation When an Existing Class (1), (2), or (3) Use is Damaged. Any existing use, including an existing Class (2) or (3) use, that is damaged or destroyed may be replaced as it was immediately prior to the damage, after review by the appropriate administrative official or designee; provided, that if the existing use is in a nonconforming structure, reconstruction of the structure shall occur in accordance with the provisions of YMC 15.19.060. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.030 Continuation of planned developments—Limitations.
At the time of the effective date of the ordinance codified in this title there will exist certain uses which have previously been approved and/or constructed, in whole or in part, as planned developments under the provisions of preexisting ordinances. This section shall cover the continuation and future use, occupancy, maintenance, modification, and regulation of these special developments, and supersedes the terms and provisions of any previous ordinance authorizing or approving said developments.
A. General Policy and Intent. Previously processed and approved planned developments shall be allowed to continue to exist under the terms and conditions of the previously approved enacting ordinance, site plan, and planned development program. Any modifications or changes to such planned development shall, however, render the entire development subject to the provisions of this title.
B. Designation of Planned Developments for the Purpose of Future Modifications. For purposes of future modifications, previously approved planned developments which would constitute and can be classified as a Class (1), (2), or (3) use under the provisions of this title shall, in conjunction with the terms and conditions of their approval, be considered and are hereby declared to be approved Class (1), (2), and (3) uses. Previously approved planned developments which by use would not be classified as a Class (1), (2), or (3) use shall be considered and are hereby declared to be nonconforming uses.
C. Compliance with Terms and Conditions of Approval Required. The terms, conditions, and provisions of the site plan, planned development program, and enacting ordinance of any previously approved planned development are declared to be and shall remain in full force and effect as the binding site plan and conditions of approval for said development. Noncompliance therewith is a violation of the provisions of this title and subject to the penalties and enforcement provisions of YMC Chapter 15.25.
D. Completion of Planned Developments Required within Two Years. All previously approved planned developments which have not been fully constructed and completed in accordance with the terms and conditions of approval under the provisions of its enacting ordinance, site plan, and program, shall be fully completed and constructed in accordance with those terms, conditions, and provisions within two years of the effective date of the ordinance codified in this title. Failure to so complete any previously approved plan development shall constitute a forfeiture of all rights, privileges, and approvals pertaining to said planned development. Such time may be extended for a maximum of one year by the administrative official for good cause not within the control of the applicant, developer, or owner of said planned development. Upon any forfeiture under the provisions of this subsection, all further development, including the use or occupancy of any land or structure, or the completion of any structure, is subject to full compliance with the terms and provisions of this title.
E. Voluntary Dissolution of Planned Development. By mutual agreement of the administrative official and property owner, a property owner may voluntarily forfeit all rights, privileges, and approvals pertaining to a previously approved planned development. Such requests for forfeiture shall be submitted in writing to the administrative official. Upon written approval by the administrative official, said planned development shall be dissolved and declared null and void. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.040 Continuation of construction started.
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this title. Demolition or removal of an existing building begun preparatory to rebuilding shall be deemed to be actual construction. Nothing in this title shall be deemed to require a change in the plans, construction or designated use of any structure for which there exists on the effective date of this title a valid and legally issued permit; provided, that actual construction commences during the effective period of such permit or one year from effective date of this title. Authority to proceed under this section is conditioned on all work being done lawfully and carried on diligently until completion; failure to do so shall constitute a forfeiture of such rights. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.18.050 Modifications to an existing Class (1), (2), or (3) use.
Modifications to an existing Class (1), (2), or (3) use shall be made in accordance with YMC Chapter 15.17. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).