(A) Intent.
(1) Within the zoning districts established by this chapter or zoning districts that may be established in the future, there exist:
(a) Lots;
(b) Structures;
(c) Uses of lots and structures; or
(d) Land uses.
(2) Any of the items listed in division (A)(1)(a) through (A)(1)(d) above that were lawful before this chapter was passed but would now be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto are legal non-conforming. This includes all existing uses approved though special use permits up to May 1993; and all uses approved through interim use permits from May 1993 through the effective date of this chapter.
(3) These legal non-conforming uses shall be allowed to continue, but any enlargement, expansion or extension of the non-conforming use or structure will be permitted only upon the non-conforming use or structure being brought into compliance with the requirements of this chapter. Structures may be maintained and remodeled, but not enlarged unless in conformance with this chapter; except that buildings that are expanded by less than 30% of the original floor area are exempt from the buffer and landscaping requirements of §§ 150.080 through 150.086.
(4) The provisions of this chapter apply to all lots, construction (including enlargement, expansion or extension of existing structures) and uses of land and/or structures that are not protected as legally non-conforming under this section. Low intensity residential development will be permitted with proof of existing access. All other development must meet all standards of this chapter, including applicable access standards.
(B) Abandonment. Whenever a legal non-conforming use has been discontinued for a length of one year or more, such non-conforming use shall not thereafter be re-established and any future use shall be in conformance with the provisions of this chapter unless closed by order of a federal or state agency. Such time of closure shall not count when determining the period of abandonment.
(C) Construction approved prior to enactment. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a county building permit was issued prior to adoption of this chapter or amendments thereof.
(D) Status of special use permits or interim use permits and lands with previously approved zone changes or legal conforming uses. Lots, structures or land uses that were developed in accordance with previous zoning ordinances shall be “legal conforming” uses and may continue in operation under the standards required by the special use permit, interim use permit or zone change previously approved. Expansion must conform to the original site plan as approved. Undeveloped parcels that received zone changes or interim use permits under previous zoning ordinances in 1993, 1994 and 1995 may be developed in accordance with standards and conditions approved by the applicable zone change, or permit of three years after the date of this chapter. Thereafter, these parcels must comply with the standards effective in this chapter. Undeveloped parcels that received special use permits prior to May 1, 1993, and are still undeveloped as of the effective date of this chapter must conform to the requirements of this chapter. Major changes in previously approved site plans that will increase traffic volumes, density or land use, drainage requirements or water and wastewater requirements will be required to be approved by the Zoning Administrator, after review by appropriate and state agencies. The Zoning Administrator may establish forms and procedures for certifying the legal non-conforming status of properties; or the legal conforming status of properties. It is the responsibility of the property owners to furnish documents to the Zoning Administrator establishing the legal non-conforming status of the land or buildings.
(Ord. 2010-018, passed - -) Penalty, see § 150.999