Development applications that were submitted in complete form and are pending approval before the effective date will be reviewed wholly under the terms of the Zoning Law in effect immediately before the effective date, unless a formal written request is submitted, in writing, by the applicant requesting review under this Zoning Law. The applicant's request for this Zoning Law to be applied, once submitted, may not be changed. All development applications submitted within a six-month grace period of the effective date may also be reviewed wholly under the terms of the Zoning Law in effect immediately before the effective date, unless otherwise requested by the applicant as above.
Any building, development or structure for which a building permit was issued before the effective date 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 Law. 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 Law.
Any violation of the previous Zoning Law will continue to be a violation under this Zoning Law and be subject to penalties and enforcement under Town Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this Zoning Law, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in § 106-10.2. The adoption of this Zoning Law does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date specified in § 106-10.2.
Any nonconformity under the previous Zoning Law will also be a nonconformity under this Zoning Law, 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 Law, 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 Law does not achieve nonconforming status under this Zoning Law merely by repeal of the previous Zoning Law. The regulations to which nonconformities must apply can be found in Article 54 of this chapter.