1.3 Transition Rules

1. Any structure or use that was illegal prior to adoption of this Ordinance, but is subsequently made legal by this Ordinance, is deemed legal as of the effective date of this Ordinance.
2. Any structure or use that was illegal prior to adoption of this Ordinance, and does not conform to all requirements of this Ordinance, remains illegal. Illegal structures and uses are not considered nonconforming structures or uses.

A legal structure, use, or lot that conformed to all prior requirements of the zoning ordinance, subdivision ordinance, and other referenced ordinances in force prior to the effective date of this Ordinance, but no longer meets all the standards of this Ordinance, is deemed nonconforming and is controlled by the provisions of Section 12.1.

1. If any approval was lawfully issued prior to the effective date of this Ordinance, the action authorized by the approval that was issued may be undertaken, except as follows: 1. If a required approval from the Planning Board, Zoning Board of Appeals, or Common Council is not received prior to the effective date of this Ordinance, then all applications for the proposed project, including those for which an approval has previously been granted, will be considered pending applications pursuant to Section 1.3.4.
2. If the applicant fails to act before any approval expires, including any periods of extension granted, the provisions of this Ordinance govern and the previous approval is revoked.

1. An application that has been submitted and determined to be complete (per Section 11.2.1.D) prior to the effective date of this Ordinance is deemed to be a pending application.
2. Any pending application for a proposed project, for which all approvals required under the previous Ordinance (i.e., Chapter 511 of the City Code of the City of Buffalo) from the Planning Board, Zoning Board of Appeals, and Common Council, were not granted prior to the effective date of this Ordinance, will be governed by this Ordinance.
3. Any pending application for a proposed project, for which all approvals required under the previous Ordinance (i.e., Chapter 511 of the City Code of the City of Buffalo) from the Planning Board, Zoning Board of Appeals, and Common Council, have been granted prior to the effective date of this Ordinance, will be governed by the ordinance in effect at the time all approvals were effective.
4. For a proposed project that has been determined to be a pending application governed under this Ordinance:
   1. A new application is not required unless the appropriate ordinance administrator or review body determines that additional information is necessary.
   2. If the provision of parking was required under the previous ordinance, a Transportation Demand Management Plan will only be required if the project was determined to be deficient in parking and, therefore, would have required a variance.