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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)
1.10.4.   Approved Applications
The following standards apply to applications approved prior to January 1, 2020:
   A.   Any development approvals shall remain valid until their expiration date.
   B.   Developments with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the permit or approval is valid and has not expired.
   C.   Portions of developments, including subdivisions, reserved as future development sites where no lot lines are shown on a preliminary plat, site plan, or other approved plan of development shall comply with the provisions of this Ordinance.
   D.   If an approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall be applied for in accordance with the procedures and standards of this Ordinance.
   E.   Timelines for the commencement or expiration of development in accordance with an approved application shall be suspended in the event of legal challenge.
(Ord. 2020-36, passed 12-2-2019)
1.10.5.   Existing Development
   A.   Existing Special Use Zoning District Designation.
      1.   Land subject to a special use zoning district designation on January 1, 2020 shall continue to be subject to the district designation and all applicable conditions of approval after January 1, 2020.
      2.   Amendments to the zoning district designation of a lot after January 1, 2020 shall only be to a zoning district established in this Ordinance and in accordance with Section 2.2.24, Zoning Map Amendment, or Section 2.2.13, Planned Development, as appropriate.
   B.   Prior Approved Planned Residential Development.
      1.   A planned residential development subject to a special use permit approved prior to January 1, 2020 is authorized to continue to subject to its master plan, special use permit, and all associated conditions of approval.
      2.   Amendments to a planned residential development established prior to January 1, 2020 shall only be considered in accordance with Section 2.2.13, Planned Development.
   C.   Pre-Existing Conditional or Special Use Permit.
      1.   Development subject to a conditional or special use permit issued prior to January 1, 2020 shall continue to be subject to all permit requirements and conditions of approval even in cases where the use type no longer requires a conditional or special use permit in this Ordinance.
      2.   Amendments to a conditional or special use permit established prior to January 1, 2020 shall only be in accordance with the standards in Section 2.2.18, Special Use Permit, unless the use is permitted by-right in this Ordinance.
   D.   Established Uses Without a Special Use Permit.
      1.   If a use was a lawfully established by-right use before January 1, 2020 and that use is subsequently made a special use in Table 4.2.3, Principal Use Table, the pre-existing use shall be considered a lawfully-established special use.
      2.   Any changes to a pre-existing lawfully-established special use after January 1, 2020 shall be in accordance with the standards of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
1.11.   ZONING DISTRICT TRANSLATION
On January 1, 2020, land zoned with a zoning district classification from the previous Land Use Ordinance shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth in Section 3.1.3, Zoning Districts Established. Table 1.11, Zoning District Translation, summarizes the translation or reclassification of the zoning districts used in the previous ordinance to the zoning districts used in this Ordinance. (For example, the table shows that all lands classified as Residential-30 (R-30) in the previous ordinance (under the column titled "Districts in the Former Land Use Ordinance") are now classified Residential Suburban (R2) in this Ordinance (under the column titled "Districts in this UDO")).
Table 1.11: Zoning District Translation
Districts in the Former Land Use Ordinance
Districts in this UDO [1]
Table 1.11: Zoning District Translation
Districts in the Former Land Use Ordinance
Districts in this UDO [1]
Residential Districts
R-80W
Residential – 80W
R1
Residential Watershed
R-40W
Residential – 40W
R-30
Residential – 30
R2
Residential Suburban
R-20
Residential – 20
R-13
Residential – 13
R4
Residential Neighborhood
R-10
Residential - 10
R-8
Residential – 8
R6
Residential Urban
RMF
Residential Multi-Family
RMF
Residential Multi-Family
RMF SUD
Residential Multi-Family Special Use District
RMH
Residential Mobile Home (30, 20, 13, 10, 8)
[DELETE] [2]
Commercial Districts
NC
Neighborhood Commercial [NEW]
GB
General Business
GC
General Commercial
HB
Heavy Business
HC
Heavy Commercial
HB SUD
Heavy Business Special Use District
IL
Light Industrial
LI
Light Industrial
CI
Campus Industrial [NEW]
Table 1.11: Zoning District Translation
Districts in the Former Land Use Ordinance
Districts in this UDO [1]
Table 1.11: Zoning District Translation
Districts in the Former Land Use Ordinance
Districts in this UDO [1]
IH
Heavy Industrial
HI
Heavy Industrial
IH SUD
Heavy Industrial Special Use District
Mixed Use Districts
TR
Transitional Residential
OI
Office and Institutional
TR SUD
Transitional Residential Special Use District
MA
Medical Arts
CB
Central Business
DTP
Downtown Periphery
DTC
Downtown Core
PD
Planned Development [NEW]
Special Use Districts
R-13 SUD
Residential – 13 Special Use District
R-13 SUD
Residential – 13 Special Use District
CA SUD
Commercial Amusement Special Use District
CA SUD
Commercial Amusement Special Use District
NOTES:
[1] This table does not list the parallel conditional zoning districts established in Section 3.1.3, Zoning Districts Established.
[2] Land within a RMH district shall be translated into the appropriate residential district and included within the proposed Manufactured Housing Overlay (MHO) District.
 
(Ord. 2020-36, passed 12-2-2019)
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