The provisions of this section address the transition from the previous ordinance (the one in effect before the effective date specified in § 154.001) to this chapter.
(A) Zoning district map symbol conversions. The zoning district names and map symbols in effect before the effective date specified in § 154.001 are converted as follows:
Proposed District Name | Existing District Name |
Proposed District Name | Existing District Name | ||
Agricultural | |||
A-1 | Agricultural District | A-1 | Agricultural District |
Residential | |||
RE | Rural Estate District | R-1A | Urban Estate Residential District |
R-1 | Low Density Residential District-1 | R-1 | One-family Residential District |
R-2 | Medium Density Residential District | R-2 | Medium Density Residential District |
R-3 | High Density Residential District | R-3 | Residential Multi- Family District |
RM | Mobile Home Park District | RM | Mobile Home Park District |
Commercial | |||
LC | Light Commercial District | C-l | Local Commercial District |
HC | Heavy Commercial District | C-3 | Highway Commercial District |
Industrial | |||
I-1 | Light Industrial District | I-1 | Restricted Industrial District |
I-2 | Heavy Industrial District | I-2 | General Commercial District |
Mixed-Use Districts | |||
MU-1 | Low Density Mixed-use District | ||
DM | Downtown Mixed-use District | C-2 | Center Business District |
(B) Applications, permits and approvals.
(1) Any building, development or structure for which a building permit was issued, or a complete permit application had been accepted for processing before the effective date specified in § 154.001 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 chapter. If the building is not commenced and completed within the time allowed under the original building permit, the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this chapter.
(2) Completed applications for PUDs, development plans, special use permits, variance or other zoning-related approvals that are pending approval on the effective date specified in § 154.001 must be reviewed wholly under the terms of the chapter in effect immediately preceding the effective date specified in § 154.001. Building permits for construction and development approved under such zoning approvals may be issued in accordance with Section 10-1.1-B3.
(3) (a) The Zoning Administrator is authorized to issue building permits for construction or development approved before the effective date specified in § 154.001 and for developments pending approval under Section 10-1.1-B2, even if such building development or structure does not fully comply with provisions of this chapter.
(b) 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 chapter.
(4) (a) When a use classified as a special use permit under this chapter exists as an approved special use permit or permitted use on the effective date specified in § 154.001, that use will be considered a lawfully established special use permit under this chapter.
(b) When any amendment to this chapter changes the classification of a permitted use to a special use permit, any use lawfully established before such amendment will be considered a lawfully established special use permit after the effective date of the amendment.
(C) Violations continue. Any violation of the previous ordinance shall continue to be a violation under this chapter and shall be subject to the penalties and enforcement set forth in §§ 154.240 through 154.244 and 154.999 of this chapter, unless the use, development, construction, or other activity complies with the provisions of this chapter. Payment shall be required for any civil penalty assessed under the previous ordinance, even if the original violation is no longer considered a violation under this chapter.
(D) Nonconformities.
(1) Any nonconformity under the previous ordinance will also be a nonconformity under this chapter, as long as the nonconforming situation continues to exist.
(2) If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this chapter, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
(3) A situation that did not constitute a (lawful) nonconforming situation under the previously adopted ordinance does not achieve (lawful) nonconforming status under this chapter merely by repeal of the previous ordinance.
(Ord. 382, passed 7-8-2021)