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01 /23/2012 <br /> shall not apply to any structure upon which construction has already <br /> begun or to any structure for which no Use Permit is necessary. <br /> 42.6 — Abandonment of Use. <br /> A. In any case where a Use Permit has not been used within one (1) year <br /> from the date of granting by beginning of construction of the improvements <br /> or by the initiation of the activity which is the subject of the Use Permit, the <br /> permit shall be deemed abandoned and be of no further force or effect. <br /> B. In the event any use for which a Use Permit is required ceases for a <br /> continuous period of six (6) months, the Use Permit shall be deemed <br /> abandoned, and the use shall not be initiated again except upon securing <br /> a new Use Permit. <br /> 42.7 - Reapplication. <br /> A. No application for a Use Permit shall be considered within one (1) year <br /> after final action taken in denying a previous application relating to the <br /> same subject matter. <br /> B. Applications shall be deemed to relate to the same subject matter if both <br /> of the following factors exist: <br /> 1. The same parcel of land affected by the former application is the subject <br /> of the later application. <br /> 2. The nature of the use applied for is substantially similar to the use <br /> applied for in the former application. <br /> C. Determination of what constitutes the same subject matter and what date <br /> is the date of final action shall be made by the Zoning Administrator. <br /> 42.8 - Permit Continuity. <br /> Use Permits issued prior to the adoption of this ordinance or Use Permits <br /> issued prior to the adoption of any district change or other amendment under <br /> this ordinance shall remain in full force and effect notwithstanding such <br /> change in zoning, subject to the provisions of Section 42.6. In the event the <br /> permit was subject to limitations or conditions, such limitations or conditions <br /> shall also remain in full force and effect and shall be complied with in addition <br /> to all regulations and requirements applicable to the zoning established under <br /> this ordinance. If the use is not a permitted use or conditionally permitted <br /> use under new zoning regulations, the use becomes a non-conforming use <br /> subject to the provisions of Article 33 herein. <br /> ATTY/ORD.361/AMENDING ART 42 CUP OF ZONING CODE FORMERLY ORD. # 1130355 <br /> REV:12l13/11 MUFF 305 <br /> Page 4 of 5 <br />