Development applications that were submitted in complete form
and are pending approval before June 1, 2011, may be reviewed wholly
under the terms of the Zoning Ordinance in effect immediately before
June 1, 2011, or they may be reviewed wholly under the terms of this
Zoning Ordinance. Whether such review takes place under the provisions
of the previous Zoning Ordinance or under this Zoning Ordinance is
the applicant's option. The applicant's decision about which ordinance
applies, once submitted, may not be changed. All development applications
submitted on or after June 1, 2011, will be reviewed wholly under
the terms of this Zoning Ordinance.
Any building, development or structure for which a building
permit was issued before June 1, 2011, 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 Zoning Ordinance. 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 Zoning Ordinance.
Any violation of the previous Zoning Ordinance will continue to be a violation under this Zoning Ordinance and be subject to penalties and enforcement under Town and Village Law. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in §
300-13.1. The adoption of this Zoning Ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in §
300-13.1.
Any nonconformity under the previous Zoning Ordinance will also
be nonconformity under this Zoning Ordinance, as long as the situation
that resulted in the nonconforming status under the previous regulation
continues to exist. If, however, a nonconforming situation under previous
zoning regulations becomes conforming because of the adoption of this
Zoning Ordinance, or any subsequent amendment to it, then the situation
will no longer be considered a nonconformity. A situation that did
not constitute a nonconforming situation under the previously adopted
Zoning Ordinance does not achieve nonconforming status under this
Zoning Ordinance merely by repeal of the previous Zoning Ordinance.