(A) Development activities that do not require a Sedimentation/Erosion Control Plan are exempt from the requirements of this subchapter.
(B) Existing development, as defined in this subchapter, is not subject to the requirements of this subchapter. EXISTING DEVELOPMENT is defined as those projects that are built or those projects that at a minimum have established a vested right under the state zoning law as of the effective date of this subchapter based on at least one of the following criteria:
(1) Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by G.S. § 160D-102;
(3) Having an approved site specific or phased development plan as authorized by G.S. § 160D-102.
(C) Expansions to structures classified as existing development must meet the requirements of this subchapter; however, the built-upon area of the existing development is not required to be included in the density calculations.
(D) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this subchapter that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential redevelopment, provided:
(1) Repair or reconstruction is initiated within 12 months and completed within two years of such damage; and
(2) The total amount of space devoted to built-upon area may not be increased unless storm water control that equals or exceeds the previous development is provided.
(E) If a nonconforming lot of record is not contiguous to any other lot owned by the same part, then that lot of record shall not be subject to the development restrictions of this subchapter if it is developed for single-family purposes.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)