§ 91.04 APPLICABILITY.
   (A)   Jurisdiction. 
      (1)   The regulations set forth in this Unified Development Ordinance shall apply to all property within the town limits, extraterritorial jurisdiction and within the various zoning districts as designated on the Official Zoning Map, as established in §§ 91.70 through 91.75, Zoning Districts.
      (2)   Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.
   (B)   Exemptions.
      (1)   These regulations shall not apply to any land or structure for which, prior to the effective date hereof, there is a properly approved site-specific plan as required by the requirements previously adopted or previously approved vested rights in accordance with G.S. § 160D-108. Any preliminary or final subdivision plat approvals required for such approved or exempted site-specific plans shall be conducted in accordance with the requirements of the previous Zoning Ordinance or Subdivision Ordinance.
      (2)   In accordance with G.S. § 160D-913, this UDO is applicable to the erection, construction, and use of buildings by the State of North Carolina and its political subdivisions. Notwithstanding the provisions of any general or local law or ordinance, except as provided in G.S. Chapter 160D, Article 9, Part 4, no land owned by the State of North Carolina may be included within an overlay district, or a conditional zoning district without approval of the Council of State or its designee.
      (3)   The following are not included within the definition of a subdivision (as provided in Appendix A), and are not subject to the regulations of this Unified Development Ordinance:
         (a)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown on its subdivision regulations;
         (b)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
         (c)   The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors; and
         (d)   The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations; and
         (e)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.
(Ord. eff. 9-6-2012, § 1.4; Am. Ord. 21-1, passed 9-17-2020)