(A) The standards of this chapter are not applicable to existing subdivisions or existing lots in a subdivision for which a building permit has been issued prior to the effective date of this chapter and has not expired; or for which an occupancy certificate has been issued, provided that the subdivision plat or deed of transfer has been recorded prior to the effective date of this chapter.
(B) Changes to the lots after the effective date of this chapter including, but not limited to, lot size, lot location, lot configuration or lot lines shall be in conformance with this chapter (legal re-combinations excepted).
(C) The standards of this chapter shall not apply to lots or subdivisions being developed in good faith prior to the effective date of this chapter, provided the sub-divider submits the following:
(1) Evidence of a formal plan prior to the effective date of the ordinance;
(2) Provides the Planning Department within 90 days after the effective date of this chapter, a copy of the subdivision plan which meets the minimum requirements of G.S. § 47-30 prepared prior to the effective date of the ordinance;
(3) Evidence of substantial expenditure of resources; and
(4) Provides documentation, within 90 days after the effective date of this chapter, proving the substantial expenditure of resources. The owner/developer shall bear the burden of proof.
(D) The adoption of this chapter shall not constitute permission to continue or initiate any unsafe, unhealthy activity, nor shall it relieve the owner/developer of responsibility to comply with all appropriate and/or pertinent regulations or standards.
(E) An undeveloped recorded subdivision shall be subject to any state or local laws or standards which have changed since the time of the recording, if the law or standard are specifically retroactive.
(F) Subdivisions or phases of subdivisions not legally recorded prior to the adoption of this chapter shall not be recorded unless the subdivision meets the requirements of this chapter, except as in provided in division (A) above.
(Ord. passed 6-7-2004, § 210)