Section 25.02.050 Applicability - Building permits issued prior to effective date.

Chapter 25.02 TITLE, PURPOSE, APPLICABILITY, ENFORCEMENT ACTIONS

1. Right to Complete Construction Pursuant to Plans. Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:

a. A building permit for such structure was lawfully issued prior to August 2, 1976, the effective date of this title, or any amendment thereof; and

b. Such permit had not by its own terms expired prior to such effective date; and

c. There has been a substantial change of position, substantial expenditures or incurrence of substantial obligations by the permit holder in reliance on such permit; and

d. Such change of position, expenditures or incurrence of obligations occurred prior to the time the permit holder had actual or constructive knowledge of any proposed amendment to this title which would, upon adoption, make the issuance of such permit illegal; and

e. Construction pursuant to such permit is commenced prior to the expiration of such permit and within ninety days of the effective date of this title and any amendment thereto and is thereafter diligently pursued to completion.

2. Right to Occupy as Nonconformity. Upon completion pursuant to subsection 1. hereof, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of Chapter 25.98 of this title relating to nonconformities. (Ord. S-30424, 1976)