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1.9.3.   Conflicts between the Standards in this Ordinance
   A.   Generally. In cases where two or more standards in this Ordinance conflict with one another, the more restrictive standard shall control.
   B.   Development Review Procedures. In cases where the standards in Section 2.3, Application Processing, or information in the Procedures Manual conflict with the standards in Section 2.2, Application Review Procedures, the standards in Section 2.2, Application Review Procedures, shall control.
   C.   Overlay Districts.
      1.   In cases where applicable overlay zoning district standards are in conflict with applicable general zoning district standards, the overlay district standards shall control.
      2.   In cases where applicable overlay zoning district standards are in conflict with applicable conditional zoning district standards, the more restrictive standards shall control.
   D.   Authorized Deviations or Incentives. Development configured in accordance with an allowable deviation (e.g., administrative adjustment) or incentive (e.g., sustainable development incentives) authorized by this Ordinance shall not be considered to conflict with otherwise applicable more restrictive standards in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.9.4.   Conflicts with Private Agreements
In cases where the standards in this Ordinance conflict with private agreements, covenants, or deed restrictions and the standards in this Ordinance are more restrictive, the standards in this Ordinance shall control.
(Ord. 2020-36, passed 12-2-2019)
1.9.5.   Determination of the More Restrictive Standard
The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.
(Ord. 2020-36, passed 12-2-2019)
1.10.   Transitional Provisions
The standards in this section address existing violations, nonconformities, and applications in process at the time this Ordinance becomes effective.
(Ord. 2020-36, passed 12-2-2019)
1.10.1.   Prior Violations Continue
   A.   Any violation of the previous UDO shall continue to be a violation under this Ordinance, unless the development complies with the express terms of this Ordinance or the statute of limitations on enforcement has expired in accordance with Section 8.3, Statute of Limitations.
   B.   Any violation of the previous UDO that is no longer a violation under this Ordinance shall not be considered a violation.
   C.   Violations of this Ordinance shall be subject to the penalties set forth in Article 8: Enforcement, unless the development complies with the express terms of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.10.2.   Existing Nonconformities
If any use, building, structure, lot, sign, or site feature legally existed on January 1, 2020, but does not fully comply with the standards of this Ordinance, the use, building, structure, lot, sign, or site feature is considered nonconforming under this Ordinance and shall be subject to the requirements in Article 7: Nonconformities.
(Ord. 2020-36, passed 12-2-2019)
1.10.3.   Pending Applications
   A.   Final Action Pending.
      1.   Any development application filed and accepted as complete before January 1, 2020, but still pending final action as of that date, may be decided in accordance with either the regulations in affect at the time the application was determined complete or the regulations in this Ordinance, as requested by the applicant in accordance with G.S. § 143-755.
      2.   To the extent an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 7: Nonconformities.
      3.   If the development subject to an application approved under the Town's prior development regulations fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance.
   B.   Filed, but Not Complete Applications. Applications that have been filed prior to January 1, 2020, but not determined to be complete by the Planning Director shall be reviewed and decided in accordance with this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
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