1. Applicability. No building, structure, or land shall be used or occupied, nor any building, structure, or part thereof be erected, constructed, reconstructed, moved, enlarged, or structurally altered, nor any changed use be established for any building, structure, or land, nor substantial clearing, grading, filling or excavation be commenced unless in conformity with the general provisions of this ordinance and the specific provisions for the district in which it is located, except as otherwise provided by these regulations.
2. Exceptions to Applicability. These regulations shall not apply to bona fide farms, as defined in Article 12, except that non-farm uses on farms shall be regulated herein, and land within the Mountain Island Lake and Lake Norman Watershed Overlay Districts shall comply with the regulations of Section 3.3.2 and 3.3.3.

1. Any amendments to these land development regulations or the Zoning Maps shall not be applicable or enforceable without the written consent of the owner with regard to:
   1. Buildings or uses of buildings or land for which:
      1. A development permit application was submitted, review of which was not discontinued pursuant to N.C.G.S. § 143-755(b1), and a development permit decision was not made prior to the effective date of the amendment making the change; or
      2. A development permit was issued prior to the effective date of the amendment making the change so long as the permit remains valid and unrevoked pursuant to subsection 2.2.2;
   2. Subdivision of land for a which a development permit authorizing the subdivision was issued prior to the effective date of the amendment making the change;
   3. A valid and unexpired site-specific vesting plan established pursuant to subsection 2.2.3 prior to the effective date the amendment making the change;
   4. An approved multi-phased development established pursuant to subsection 2.2.4 prior to the effective date of the amendment making the change; or
   5. A vested right established pursuant to a development agreement satisfying the requirements of Article 10, Chapter 160D of the North Carolina General Statutes executed prior to the effective date of the amendment making the change.
2. Buildings or uses of buildings or land for which a development permit application was issued. Building permits expire six months after issuance unless work under the permit has commenced. Upon commencement of work under the building permit, the permit will expire if there is a discontinuation of work for a period of 12 months from the date of commencement of work. Building permits may be revoked pursuant to N.C.G.S. 160D-1115.
   
   Unless otherwise specified by this Section 2.2, other local development permits expire one year after issuance unless work authorized by the permit has substantially commenced. After work has substantially commenced, a development approval shall expire if development work is intentionally and voluntarily discontinued for a period of 24 consecutive months, unless the discontinuance is tolled pursuant to N.C.G.S. § 160D-108. As used in the subsection, substantially commenced shall include any of the following:
   1. The development has received and maintained a valid erosion and sedimentation control permit and conducted grading activity on a continuous basis and not discontinued it for more than thirty (30) days;
   2. The development has installed substantial on-site infrastructure; or
   3. The development has received and maintained a valid building permit for the construction and approval of a building foundation.
3. Valid and unexpired site-specific vesting plan. A vested right to commence development and use of property according to a site-specific vesting plan as subject to the provisions of N.C.G.S. § 160D-108.1 may be established as a result of any one of the following development approvals listed in a) through e) below, provided that the approved plan include a description within reasonable certainty of the intended type and intensity of use for the specific parcel(s) subject to the plan:
   1. A special use permit;
   2. Any overlay district for which a site-specific vesting plan is required under the provisions of this ordinance;
   3. A conditional zoning district;
   4. A subdivision sketch plan or a preliminary plan when required by the subdivision ordinance; or
   5. A final plat when no sketch plan or preliminary plan is required.
   The vested right thus established is subject to the terms and conditions of the site-specific vesting plan; it shall remain in force for two years from date of approval (unless otherwise specified at the time of approval). Failure to abide by the terms and conditions of the approval will result in a forfeiture of any vested rights.
   
   Plans legally vested by the Mecklenburg County Board of Commissioners, according to county ordinance standards, shall be honored for the vesting period specified by the County Board.
   
   Modifications or amendments to an approved site-specific vesting plan do not extend the period of vesting unless specifically so provided by the Town Board or Town Staff when the modification or amendment is approved. A right which has been vested under the provisions of this subsection shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit has been issued.
4. An approved multi-phased development. For purposes of this subsection, a multi-phased development is a development containing 25 acres or more, which is submitted for development approval to occur in more than one phase and which is subject to a master development plan with committed elements showing the type and intensity of use of each phase.
   
   All phases of development subject to a multi-phased development approval are vested under the land regulations in place at the time the site plan approval is granted for the initial phase of the development. A vested right provided for in this subsection remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.
5. Miscellaneous provisions. A vested right obtained under this Section 2.2 is not a personal right, but shall attach to and run with the subject property.
   
   A petition for annexation filed with the town under N.C.G.S § 160A-31 or N.C.G.S § 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established. A statement that declares that no zoning vested right has been established under N.C.G.S § 160D-108 shall be binding on the landowner and any such vested right shall be terminated.

1. Individual structures which become non-conforming as of the effective date of these regulations may be expanded upon a finding by the Planning Director that:
   1. the proposed expansion meets the requirements of these regulations to the extent practicable, given the shape and topography of the tract and the location of existing buildings and site improvements; and
   2. the proposed expansion does not cause the structure to exceed maximum building size for the district; and
   3. the development site taken as a whole, including parking, sidewalks, screening, landscaping and signage, will be brought into conformance with these regulations to the extent practicable.
2. Existing multi-building development projects, such as shopping centers, apartment complexes, and business parks, which become non-conforming as to building and site layout as of the effective date of these regulations, are eligible for partial redevelopment, which may include expansion, upon a finding by the Planning Director that:
   1. the redevelopment or expansion meets the requirements of these regulations to the extent possible, given the shape and topography of the tract and the location of existing buildings; and
   2. the development site taken as a whole, including parking, sidewalks, screening, landscaping and signage, will be brought into conformance with these regulations to the extent practicable.
3. Appeal of the Planning Director’s decision regarding expansion or redevelopment according to subsections 2.3.1 or 2.3.2, above shall be to the Huntersville Planning Board following the procedures of Section 11.3.2.

Proposed developments may not be phased or subdivided in piecemeal fashion to avoid application of this ordinance. Two or more developments represented to be separate developments shall be aggregated and treated as a single development under this ordinance if the Administrator determines them to be part of a unified plan of development and physically proximate to one another, based on any of the following factors:

1. There is unified ownership, indicated by the fact that:
   1. The same person has retained or shared control of the developments;
   2. The same person has ownership or a significant legal or equitable interest in the developments; or
   3. There is common management of the developments controlling the form of physical development or disposition of parcels of the development.
2. There is a reasonable closeness in time between the completion of eighty (80)% or less of one development and the submission to the Town of a development proposal for a subsequent development that is indicative of a common development effort.
3. The voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments.