(A) Violations continue. Any violation of the previous zoning, subdivision, mobile home park, recreational vehicle park, or sign regulations of the county shall continue to be a violation under this chapter and shall be subject to penalties and enforcement under §§ 151.250 through 151.258, unless the use, development, construction, or other activity is consistent with the express terms of this chapter, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before April 11, 2000.
(B) Conditional uses.
(1) Any use that was legally established before April 11, 2000 without a conditional use permit and which, after April 11, 2000 is located within a zoning district that requires a conditional use permit for the subject use, shall be issued a conditional use permit without following the procedures of § 151.050. The Planning, Building and Development Director shall have the authority to impose reasonable conditions on the use relating to standards prescribed by this and other applicable ordinances. The conditions shall be subject to the appeal provisions of § 151.058. Any use that was legally established prior to the conditional use permit requirement of this chapter for the subject use in the zoning district in question shall similarly be issued a conditional use permit without following the procedures of § 151.050. Expansions and modifications of the uses shall be subject to § 151.050. Even if a conditional use permit is issued pursuant to this section, those uses or structures that do not comply with applicable standards of this chapter, including the use standards of § 151.112, shall be deemed nonconforming and be subject to the regulations of §§ 151.230 through 151.236.
COMMENTARY: In these cases, the Planning, Building and Development Director retains the limited authority to impose conditions related solely to the regulations in effect at the time the use was established. |
(2) Any use that was legally established before April 11, 2000 with a conditional use permit and which after April 11, 2000 is located within a zoning district that requires a conditional use permit for the subject use, may continue to be operated under the terms of the original conditional use permit. The use shall be subject to all applicable standards of this chapter, including the use standards of § 151.112 and the nonconformity regulations of §§ 151.230 through 151.236. Expansions and modifications of the uses shall be subject to § 151.050.
(3) Any use that was legally established before April 11, 2000 with a conditional use permit and which after April 11, 2000 is located within a zoning district that does not require a conditional use permit for the subject use, shall continue to be subject to all applicable standards of this chapter, including the use standards of § 151.112 and the nonconformity regulations of §§ 151.230 through 151.236.
(C) Temporary administrative deferrals.
(1) Upon the County Board’s adoption of a resolution to conduct hearings relating to any amendments to the text or maps of this chapter, the Planning, Building and Development Director, upon the consent of the Planning, Building and Zoning Committee, shall be empowered to place a temporary administrative deferral on applications that are materially affected by the proposed amendments, if adopted.
(2) This temporary administrative deferral shall be in place for a reasonable period of time not to exceed a maximum of 120 days.
(3) A temporary administrative deferral shall automatically cease upon the expiration of 120 days or upon final action by the County Board relating to the proposed amendment, whichever occurs first. Upon receipt of an application, the Planning, Building and Development Director shall inform the applicant in writing of the temporary administrative deferral and shall inform the applicant that the application shall be processed in accordance with the outcome of the proposed amendment.
(4) The Planning, Building and Development Director shall be similarly empowered to place a temporary administrative deferral on applications that are materially affected by any pending amendments to other county ordinances, subject to the same notice requirements specified above.
(Ord., § 1.11, passed 10-13-2009)