The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date specified in § 158.001(D).
(A) Applications, permits, approvals.
(1) Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in § 158.001(D) 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 comply with provisions of this zoning ordinance. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
(2) Completed applications for PUDs, development plans, special exceptions, variance or other zoning-related approvals that are pending approval on the effective date specified in § 158.001(D) must be reviewed wholly under the terms of the zoning ordinance in effect immediately preceding the effective date specified in § 158.001(D). Building permits for construction and development approved under such zoning approvals may be issued in accordance with § 158.008(A)(3).
(3) The Zoning Administrator is authorized to issue building permits for construction or development approved before the effective date specified in § 158.001(D) and for developments pending approval under § 158.008(A)(2), even if such building development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
(4) When a use classified as a special exception under this zoning ordinance exists as an approved special exception or permitted use on the effective date specified in § 158.001(D) that use will be considered a lawfully established special exception under this zoning ordinance. When any amendment to this zoning ordinance changes the classification of a permitted use to a special exception, any use lawfully established before such amendment will be considered a lawfully established special exception after the effective date of the amendment. A lawfully established existing use that is not allowed as a special exception or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to the applicable regulations of § 158.042 regarding nonconforming structures and uses.
(B) Zoning district name conversions. The zoning district names in effect before the effective date specified in § 158.001(D) are converted in this zoning ordinance as follows:
Map Symbol | Previous Zoning District Name | Map Symbol | New Zoning District Name |
Map Symbol | Previous Zoning District Name | Map Symbol | New Zoning District Name |
Residential Zoning Districts | |||
A | Agriculture | A | Moved to Special Districts |
Commercial and Industrial Zoning Districts | |||
No change | |||
Special Districts | |||
A | Agriculture | A | Agriculture |
PUD | Planned Unit Development Overlay | PUD | Moved to Overlay Districts |
MUD | Mixed Use District | MUD | New special district |
PUB | Public Use | PUB | New special district |
Overlay Districts | |||
PUD | Planned Unit Development | PUD | New overlay district |
(C) Violations. The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in § 158.001(D).
(Ord. 1974, passed 8-6-19)