§ 1.9 TRANSITIONAL PROVISIONS.

   1.9.1   Effect on valid building permits and vested rights. Unless the property owner consents, this ordinance does not apply to the completion of the development of buildings or uses for which either:

      (A)   Building permits have been issued pursuant to G.S. § 160D-1110 prior to October 1, 2008, so long as the permits remain valid and unexpired pursuant to G.S. § 160D-1111 and unrevoked pursuant to G.S. § 160D-1115; or

      (B)   A vested right has been established pursuant to G.S.§§ 160D-108 and 160D-108.1 and such right remains valid and unexpired pursuant to G.S.§§ 160D-108 and 160D-108.1.

   1.9.2   Other approvals granted prior to the effective date. Variances, special use permits, subdivision plats, site plans, and other similar development approvals that are valid on September 30, 2008 will remain valid until their expiration date if applicable. Development may be completed in accordance with such approvals even if such building, development, or structure does not fully comply with the provisions of this ordinance. If development is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure must meet the standards of this ordinance in effect at the time of any re-application.

   1.9.3   Applications in process prior to effective date. Applications for building permits, variances, special use permits, subdivision plats, site plan approvals, and other similar development approvals that were submitted in complete form and are pending approval on October 1, 2008 must be reviewed wholly under the terms of the ordinance in effect on September 30, 2008. Any re-application for an expired approval must meet the standards of this ordinance in effect at the time of re-application.

   1.9.4   Violations continue. Violations of the previous ordinance which are in violation of this ordinance will continue to be a violation and will be subject to penalties and enforcement action under Article 4, Enforcement. The adoption of this ordinance does not affect nor prevent any pending or future action to abate violations of previous ordinances.

(Ord. A.21.01, passed 6-3-2021)