(A) Conforming Uses and Structures.
(1) Any use or structure existing prior to the effective date of this Chapter that conforms to the regulations of this Chapter for permitted uses, and satisfies the dimensional requirements and any other applicable regulations of the district in which it is located, may be continued, provided any use, structural, or other changes shall comply with the provisions of this Chapter.
(2) Any use or structure existing prior to the effective date of this Chapter that would be permitted by this Chapter as a special use (or previously as a conditional use) in the district in which it is located, may be continued as if a special or conditional use permit had been issued, provided that any use, structural, or other changes shall comply with the provisions of this Chapter.
(B) Effect of Amendment. If subsequent amendments to this Chapter or the zoning map result in the creation of additional nonconformities or conformities, such nonconformities or conformities shall be governed by the provisions of this Chapter, unless otherwise stated in the amendment.
(C) Applications and Prior Approvals.
(1) Projects Under Construction Prior to Effective Date.
(a) Any building or development for which a permit was issued before the effective date of this Chapter may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this Chapter.
(b) Nothing in this Chapter shall require a change to a phasing plan approved prior to the adoption of this Chapter, provided construction is consistent with the terms and conditions of the phasing plan and proceeds to completion in a timely manner. The applicant shall ensure that a period of no more than two years without an active building permit occurs in order to continue a project under a previous phasing plan.
(c) If construction is not completed according to the applicable permit terms, the Town Council may, for good cause shown, grant an extension of up to one year for such construction. If the building is not completed within the time allowed under the original permit or any extension granted, then the building may be constructed, completed or occupied only in compliance with this Chapter.
(2) Applications Submitted Prior to Effective Date.
(a) Pursuant to G.S. § 160D-108, any complete application submitted before the effective date of this Chapter or sections herein may be completed in conformance with applicable permits and conditions of the regulations in effect at the time of submission of the application, even if such application does not fully comply with provisions of this Chapter.
(b) If construction is not commenced or completed according to the applicable terms of the application, the Town Council may, for good cause shown, grant an extension of up to one year for such construction. If the building or improvements are not completed within the time allowed under the original application or any extension granted, then the building or improvements may be constructed, completed, or occupied only in compliance with this Chapter.
(3) Prior Approvals.
(a) Where a planned development, special use district, special use, or conditional use was approved prior to the effective date of this Chapter, the provisions of this Chapter shall apply to the extent that they do not conflict with the original conditions of approval.
(b) Pursuant to state law, any Conditional Use Permit approved prior to the adoption of this division that is valid and legal as of the effective date of this chapter is hereby transformed into an identical Special Use Permit immediately, subject to all established conditions and applicable standards of this Chapter.
(c) Pursuant to state law, any special use district, conditional use district or Planned Development districts (formerly identified as PD-R, PD-C, PD-I, or PD-MU) that is valid and legal as of the effective date of this chapter hereby transformed into an identical Conditional Zoning District immediately, subject to all established conditions and applicable standards of this Chapter.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2017-04-06, passed 4-3-17; Am. Ord. 2021-02-02, passed 2-15-21)