Aberdeen City Zoning Code
ARTICLE VI
Transitional Provisions
§ 235-41 Effect on pending or preexisting certificates, permits and regulations.
[Amended 3-9-2026 by Ord. No. 25-O-16]
A.
Approved or pending zoning certificates or building permits.
(1)
The requirements of this chapter or amendment to this chapter shall not apply to any building, structure or use established pursuant to a valid building permit issued prior to the effective date of this chapter or amendment to this chapter, provided that substantial construction under the permit has commenced within three months after issuance of the permit.
(2)
The requirements of this chapter or amendment to this chapter shall not apply to any building, structure, or use proposed to be established pursuant to a valid building permit application pending as of the effective date of this chapter or amendment to this chapter, provided the permit application is approved and issued within 60 days after the effective date of this chapter or amendment to this chapter, and any development initiated pursuant to the issued permit commences within three months of the date of the issued permit. Failure to commence within the three month period shall subject the permit to the provisions of this chapter or amendment to this chapter.
B.
Approved and pending preliminary plats.
(1)
The requirements of this chapter and amendments to this chapter shall not apply to lots shown on a preliminary subdivision plat approved as of the effective date of this chapter or amendment to this chapter, provided that a final plat applicable to that parcel shall have been recorded in the land records of the county prior to the effective date of this chapter or amendment to this chapter or within 12 months after such effective date.
(2)
The requirements of this chapter shall not apply to lots shown on a preliminary subdivision plat pending approval as of the effective date of this chapter or amendment to this chapter, provided that the preliminary plat is recommended for approval by the Planning Commission and approved by the City Council within 60 days from the effective date of this chapter or amendment to this chapter and a final plat applicable to that parcel is recorded in the land records of the county within 12 months after the date of approval of the preliminary plat.
C.
Board of Appeals approvals. The requirements of this chapter or amendment to this chapter shall not apply to any variance, or special exception approved by a final decision of the Board pursuant to this chapter, any amendment to this chapter, or any predecessor to this chapter, except that any request for a change to the prior approval shall be subject to this chapter or amendment to this chapter.
D.
Approved preliminary site plans, forest conservation plans, and landscaping and lighting plans. The requirements of this chapter or amendments to this chapter shall not apply to preliminary site plans, forest conservation plans, and landscaping and lighting plans approved prior to the effective date of this chapter or amendments to this chapter as long as such plans otherwise have not expired under the provisions of this chapter.
E.
Effect of declaration of invalidity. Should all or part of any comprehensive Zoning Map legislatively adopted on or after the effective date of this chapter be declared invalid, the zoning restrictions applicable to the district prior to the adoption shall thereafter apply to the property affected by such declaration of invalidity, pending further action by the Council.
