§ 38-75. Vested uses.  


Latest version.
  • (a)

    (1) ;hg;  Any established use on a lot or parcel in any of the commercial or industrial zoning districts (as the term "established use" is defined by subsection (a)(4) below) which is made nonconforming as a result of amending the permitted uses and special exceptions in the commercial and industrial zoning districts effective July 20, 1995, shall be vested as of July 20, 1995.

    (2)

    The manager of the zoning department may approve a change to another use of equal or less intense character which was made nonconforming in that zoning district as a result of amending the permitted uses and special exceptions in the commercial and industrial zoning districts effective July 20, 1995.

    (3)

    If an established use is discontinued for more than one hundred eighty (180) consecutive days after July 20, 1995, then the permitted uses and special exceptions with respect to such parcel or lot shall be those uses specified under the regulations, as the regulations may be amended from time to time.

    (4)

    For purposes of this section, an established use means a use for which a valid occupational license or an unexpired building permit was issued by Orange County not more than one hundred eighty (180) days after July 20, 1995.

    (b)

    (1) ;hg;  Any vested use may expand on a lot or parcel in a manner consistent with the applicable performance standards.

    (2)

    Furthermore, any vested use may expand onto an adjacent lot or parcel, provided that use is consistent with the future land use map (and the remainder of the comprehensive plan) for that adjacent lot or parcel, and the adjacent lot or parcel has the appropriate commercial or industrial zoning designation as of July 20, 1995.

    (3)

    Expansions to any vested use may include additions to existing buildings or the construction of free-standing structures.

(Ord. No. 95-16, § 2, 6-27-95; Ord. No. 2016-19 , § 6, 9-13-16)