108-1-9 Transfer Of Approval Upon Change In Use

Design approval shall be deemed revoked if the buildings erected or the classification of their use or the classification of the use of land for which the approval was granted is changed, unless the approval is transferred by the planning commission. The planning director may authorize the transfer of design approval provided that all requirements of the OVCLand Use Code are met for the new use. If a conflict arises concerning the interpretation of the Land Use Code, the planning director shall refer the change in use to the planning commission for review and approval. Design approval shall not be deemed revoked for changes involving agricultural, agritourism, or valueadded agricultural uses where such uses remain permitted within the zoning district and do not substantially increase impacts related to traffic, utilities, public infrastructure, or public safety as determined by the Planning Director. Normal evolution of agricultural operations including farm retail, processing, agritourism, storage, and wellness uses accessory to an active farm shall be considered continuation of agricultural use for purposes of this section. For purposes of this section, an active farm shall mean land used for ongoing agricultural production consistent with the zoning district, regardless of the relative revenue of agricultural versus accessory activities.