§ 3.6. Transitional Zoning and Vested Rights

3.6.1

Approvals Granted Before UDO Effective Date. Any approvals (including, but not limited to, any issued or approved building permit, variance, conditional district, preliminary or final subdivision plat approval or other site plan approval) valid prior to the effective date of this Ordinance shall remain valid until their expiration date. Development may be completed in accordance with such approvals, even if such building, development or structure does not fully comply with the provisions of this Ordinance. If building construction is not commenced and diligently pursued in the time allowed under the original approval or any extension granted there under, then the building development or structure shall meet the standards of this Ordinance at the time of re-application.

3.6.2

Applications in Process Prior to UDO Effective Date.

A.

General. After the effective date of this Ordinance, all land development and building construction and applications for such (including, but not limited to, any application for Site Plan approval, Preliminary or Final Plat approval, Land Development Permit(s), Building Permit(s), or other form of permit or approval) shall conform with the requirements of this Ordinance except in cases where the Applicant can demonstrate an established Vested Right under Section 3.6.3. In such cases, the Applicant shall nevertheless comply with the procedures of this Ordinance, and to the extent the substantive standards contained herein have been amended, then the Applicant shall conform to the amended substantive standards to the extent such conformance is not an undue hardship.

B.

Existing CUD. Prior to the effective date of this UDO, any application, which previously may have been described variously as Conditional Use District, Parallel Conditional District and/or Parallel Conditional Use District, shall now be known as a Conditional District. For any property that had previously been zoned a Conditional Use District (CUD) at the time of adoption of this Ordinance, but for which a Conditional Use Permit (CUP) had not yet been approved or issued, the Applicant shall apply for a Conditional District Rezoning as set forth in Section 8.2.5 (instead of following the former CUP process).

3.6.3

Vested Rights - General Exception. The provisions of this Ordinance shall not apply to:

A.

Property upon which exists a valid statutory vested right (per G.S. 160A-385.1) as of the effective date of this Ordinance, subject to the conditions of G.S. 160A-385.1 and this Ordinance as described herein; or

B.

A common law vested right where:

1.

The owner has made substantial expenditures;

2.

The expenditures were made in good faith;

3.

The expenditures were made in reliance upon a valid governmental approval; and,

4.

The owner would be harmed without a vested right.

3.6.4

Effect of Permit or Approval on Successors and Assigns. Any permit or approval issued hereunder that authorizes the permittee or recipient to make use of the land and structures in a particular way is transferable. However, so long as the land or structures or any portion thereof covered under a permit or approval continues to be used for the purpose(s) for which the permit or approval was granted, then:

A.

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purpose(s) authorized in the permit except in accordance with all the terms and requirements of that permit; and

B.

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued.

3.6.5

Nonconformities.

A.

Any nonconforming situation determined to exist under this Ordinance that lawfully existed under the previous Zoning or Subdivision Ordinance or any other ordinance identified in Section 3.2 will also be considered to be a nonconformity under this Ordinance, so long as the situation that resulted in the nonconforming status under the previous ordinance continues to exist.

B.

When a lot is used for a purpose that was a lawful use immediately prior to the effective date of this Ordinance and this Ordinance no longer classifies such use as either a permitted or conditional use in the zoning district in which it is located, such use shall be considered a "nonconforming use" and shall be subject to the provisions of Section 3.7 of this Ordinance. Where any building, structure or lot legally existed on the effective date of this Ordinance and which does not meet all the standards set forth in this Ordinance, such building, structure or lot shall be considered "nonconforming" and shall be subject to the provisions of Section 3.7 of this Ordinance.

(Ord. No. 598, 4-14-2011)

State law reference

Vested zoning rights, G.S. 160A-385.1.