Town of Cary, North Carolina - Land Development Ordinance Intro   
1.9  Severability Previous   
Chapter 2:  Review and Decision-Making Bodies Next   
Chapter 1:  General Provisions Up   

1.10  Transitional Rules

1.10.1   Violations Continue

Any violation of the previous Unified Development Ordinance shall continue to be a violation under this Ordinance and be subject to penalties and enforcement under Chapter 11, unless the use, development, construction, or other activity complies with the provisions of this Ordinance.  Payment shall be required for any civil penalty assessed under the previous Unified Development Ordinance, even if the original violation is no longer considered a violation under this Ordinance.

1.10.2   Approved Projects

(A)     Special use permits, subdivision plans, site plan approvals, grading permits, building permits, sign permits, and variances, any of which are valid on July 1, 2003, shall remain valid until their expiration date.  Projects with valid approvals or permits may be carried out with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. 

(B)     No provision of this Ordinance shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to July 1, 2003.

(C)     Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

1.10.3   Pending Applications

All pending projects for which a complete application was submitted and accepted by the Town prior to the effective date of this Ordinance shall be exempt from complying with all provisions of this Ordinance, but shall be required to comply with the previous Unified Development Ordinance.  Site and/or subdivision plan applications and rezonings received prior to the effective date of this Ordinance that are inactive shall be deemed denied.

1.10.4   Nonconformities Under Prior Ordinance

Any nonconformity under the previous Unified Development Ordinance will also be a nonconformity under this Ordinance, as long as the situation that resulted in the nonconforming status under the previous Ordinance continues to exist.  If a nonconformity under the previous Ordinance becomes conforming because of the adoption of this Ordinance, then the situation will no longer be a nonconformity.

1.10.5   Uses and Structures Rendered Nonconforming

(A)     When a lot is used for a purpose that was a lawful use before the effective date of this Ordinance, and this Ordinance no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of Chapter 10 of this Ordinance. 

(B)     Where any building, structure, or lot that legally existed on the effective date of this Ordinance does not meet all standards set forth in this Ordinance, such building, structure, or lot shall be considered nonconforming and shall be controlled by the provisions of Chapter 10 of this Ordinance.

 

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance