17.02.040 – Transition rules

In determining the applicability of this Title in relation to the previously applicable zoning regulations, the following rules shall apply.

  1. Violations
    Any violation of the previous zoning ordinance will continue to be a violation under this 2006 Zoning Ordinance, except that if the use, construction, or other activity which was a violation under the Previous Ordinance complies in full with the provisions of this 2006 Zoning Ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that were previously assessed.
  2. Existing Nonconforming Buildings, Structures, Lots and Uses
    Where a building, structure, lot or use was legally nonconforming on the effective date of this 2006 Zoning Ordinance, and does not fully conform with the provisions of this 2006 Zoning Ordinance, such building, structure, lot or use shall continue to be designated as legally nonconforming and shall be controlled by the provisions of Chapter 17.08, Nonconformities.
  3. Existing Permitted Uses Deemed Special Uses
    When a lawfully existing use was classified as a permitted use by the previous zoning ordinance, and that use is classified as a Special Use in this 2006 Zoning Ordinance, it may continue, and shall be deemed to be a lawful Special Use. No addition, enlargement or expansion of such use shall be permitted unless the property owner applies for and is granted a new Special Use pursuant to the procedures of Chapter 17.04.
    (Ord. 1960-16 § IV (1).) (Ord. 2006-Z-26 § 1.)
  4. Existing Special Uses
    When a lawfully existing use was classified as a Special Use by the previous zoning ordinance and remains classified as a Special Use by this 2006 Zoning Ordinance, such use shall continue as a lawful Special Use and shall be subject to all restrictions and requirements of any ordinance granting or amending the Special Use adopted prior to the effective date of this 2006 Zoning Ordinance. No addition, enlargement or expansion of such use beyond that allowed by the ordinance granting the Special Use under the previous zoning ordinance shall be permitted unless the property owner applies for and is granted an amendment to the original Special Use, or a new Special Use, and otherwise conforms to the requirements of this Title.
    (Ord. 1988-Z-8 § 1; Ord. 1960-16 § IV (D).)
  5. Uses Rendered Nonconforming
    hen a lot is used for a purpose that was a lawful use under the previous zoning ordinance, and this 2006 Zoning Ordinance or any amendment thereto no longer classifies such use as either a permitted use or Special Use in the zoning district in which it is located, such use is hereby deemed a legal nonconforming use and shall be controlled by the provisions of Chapter 17.08, Nonconformities.
    (Ord. 1988-Z-8 § 1; Ord. 1960-16 § IV (D).)
  6. Principal Buildings, Structures and Lots Rendered Nonconforming
    here any building, structure or lot lawfully existing on the effective date of this 2006 Zoning Ordinance does not meet all requirements set forth in this 2006 Zoning Ordinance, or any amendment thereto, such building, structure or lot is hereby deemed nonconforming and shall be controlled by the provisions of Chapter 17.08, Nonconformities.
  7. Previously Issued Building Permits
    Where a building permit for a building or structure has been issued, in accordance with law, prior to the effective date of this 2006 Zoning Ordinance, or any amendment thereto, and where construction has commenced in accordance with the requirements of Title 15 of the St. Charles Municipal Code and diligently pursued to completion, said building or structure may be completed in accordance with said building permit and, further, upon completion, may be occupied for the use originally designated. Where a building permit has been issued but construction has not commenced, or has not been diligently pursued in accordance with the requirements of Title 15, all construction associated with the permit and the occupancy of the property shall conform with the provisions of this Title.
    (Ord. 1988-Z-8 § 1; Ord. 1960-16 § IV (E).)
  8. Previously Granted Planned Unit Developments
    Special Uses for Planned Unit Development (PUD) shown on the Zoning Map, that were granted prior to the effective date of this 2006 Zoning Ordinance, shall remain in full force and effect. All property that remains subject to a Special Use for a PUD may be developed and maintained in accordance with the approved plans and ordinances granting and amending the Special Use for a PUD.
  9. Pending Applications
    Applications for Appeals, Variations, Special Uses, amendments to Special Uses, Planned Unit Developments, and amendments to Planned Unit Developments which are approved by the City Council after the effective date of this Title shall be governed by the procedures and requirements of this Title, regardless of whether the application was filed or a public hearing was held prior to the effective date of this Title.
  10. Historic Districts and Landmarks
    Historic Districts and Landmarks designated prior to the effective date of this 2006 Zoning Ordinance shall remain in full force and effect.
    (Ord. 2008-Z-32 § 3.)