§ 34-296. Grandfathered uses

(a) A grandfathered use cannot be moved from one non-conforming location to another non-conforming location.

(b) Structures under physical construction on the date of the adoption of the ordinance from which this section is derived shall be allowed to be completed regardless of whether the use to be made in such structure would be in a non-conforming zone. However, any applicable buffer and screening provisions shall apply to the structure and may be required unless it is completely constructed in its entirety and the intended use is ongoing on the effective date of the ordinance from which this section is derived. For the purposes of this subsection, the term "physical construction" means the completion of the digging of and laying of the entire masonry or other foundation for a structure.

(c) Once a building/development permit has been issued by the planning and enforcement office, a landowner has a right to develop the property pursuant to that permit during the term of such permit as specified in this article (but not thereafter), notwithstanding a zoning change subsequent to the issuance of the building/development permit.

(d) Once a special use permit has been issued by the zoning entity, a landowner has a right to develop the property pursuant to that permit during the term of such permit as specified in this article (but not thereafter), notwithstanding a zoning change subsequent to the issuance of the building/development permit.

(e) Where a landowner makes a substantial change in position by expenditures in reasonable reliance upon the existing ordinance and upon the written assurance of zoning officials (having the authority to make such assurance) that a building/development permit will probably be issued, such landowner acquires vested rights and is entitled to have the permit issued despite a change in the article which would otherwise preclude the issuance of such permit; provided, however, that neither the purchase of property for the purpose of a potential development site, nor the incurring of sums for site preparation and/or partial foundation construction (which are deemed insubstantial expenditures in terms of the interpretation of this article) shall constitute substantial expenditures entitling the landowner/occupier to any vested or grandfathered right to a particular use or to the unrestricted use of his property so purchased or partially developed, unless such property owner purchased the property or began construction after receiving a specific written assurance from such zoning official that the use would positively or probably be allowed for a specific length of time under this article.

(Ord. of 7-20-1994, § 5.05)