Village of Johnson City, NY Article 13 Transitional Provisions

§ 300-13.1 Applications submitted before effective date.

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.

§ 300-13.2 Permits issued before effective date.

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.

§ 300-13.3 Continuation of violations.

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.

§ 300-13.4 Nonconformities.

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.