(a)

All approvals under predecessor Codes shall remain in effect for the time specified in the predecessor Code at the time of approval, unless the approval itself established a different time.

(b)

Reserved.

(a)

Where stipulations have been applied through an approval process, all development shall be subject to such stipulations.

(b)

All stipulations shall be met prior to issuance of Certificates of Occupancy, or Certificates of Completion for any development within the area subject to the Zoning Map Amendment or Special Exception, unless otherwise expressly stated in the stipulation itself.

(c)

All stipulations shall be included on the cover sheet of any application for a Site Development Plan, Building Permit or other subsequent approval of development subject to the stipulations.

(a)

Except where explicitly provided to the contrary, whenever the requirements of this UDC are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the Administrator shall govern.

(b)

This UDC is independent of private deed restrictions and other covenants and shall apply whether or not they are more restrictive than such restrictions.

(c)

The issuance of any permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other city, county, state or federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.

(a)

Continuity of Provisions. The primary purpose of this Code is to compile and update existing provisions from separate codes. To the extent that these provisions differ from the predecessor codes, they shall be construed as amendments to the existing codes and not entirely new codes.

(1)

The evaluation of the standards in this UDC against an adopted Binding Development Concept Plan shall be the responsibility of the Administrator.

(b)

Violations Continue. Any violation of the predecessor Land Development or Zoning Regulations will continue to be a violation under this UDC and be subject to penalties and enforcement under Article 16 of this UDC, unless the use, development, construction, or other activity currently complies with the provisions of this UDC. The enactment of this UDC shall not abate any pending prosecution or lawsuit or prevent any prosecution or lawsuit from being commenced for any violation of a previously existing ordinance occurring before the effective date of this UDC.

(c)

Nonconformities Under Prior Regulations. Any nonconformity under the predecessor Land Development or Zoning Regulations will also be a nonconformity under this UDC, as long as the situation that resulted in the nonconforming status under the previous ordinances continues to exist. If a nonconformity under the predecessor Land Development or Zoning Regulations becomes conforming because of the adoption of this UDC, then it will no longer be a nonconformity.

(d)

Uses, Lots, Structures, and Sites Rendered Nonconforming. Where any lawfully commenced or created lot, use, structure, or other development existing prior to the effective date of this UDC does not meet the standards of this UDC, the lot, use, structure, or other development shall become a nonconformity controlled by the provisions of Article 15, Nonconformities.

(e)

Special Exception Applications and Prior Approvals.

(1)

Approved Special Exception with a Binding Development Concept Plan. Where a Special Exception with a Binding Development Concept Plan was approved prior to the effective date of this UDC, the provisions of this UDC shall apply to the extent that they do not conflict with the approved Binding Development Concept Plan.

(2)

Approved Special Exception Without a Binding Development Concept Plan. Where an approved Special Exception does not have a Binding Development Concept Plan and development has occurred since the approval, any expansions not triggering a new Special Exception public hearing in accordance with Section 124-43 may proceed but shall be in compliance with this UDC. Under such circumstances, a Development Concept Plan shall be prepared and filed in conjunction with any Site Development Plan filed and shall become the Binding Development Concept Plan for the Special Exception.

(3)

Pending Special Exception Application. A Special Exception application deemed complete by the County, on or before the effective date of this UDC, may continue to be processed even where the Special Exception use is listed as a permitted use, limited use, or prohibited use in this UDC. However, applicants have the option of withdrawing the application if the Special Exception becomes a permitted use. Any Special Exception that becomes a prohibited use in the updated regulations may continue, but would be treated as a nonconforming use with regard to expansion of use.

(4)

If an approved Special Exception use becomes either a permitted, limited, or prohibited use, the approved Special Exception remains in effect, and the use continues to be subject to the approved stipulations and Binding Development Concept Plan.

(f)

Approved Projects.

(1)

No provision of this Code shall require any change in the plans, construction, or designated use of any structure for which a Building Permit has been issued prior to the effective date of this UDC, unless the Building Permit has expired.

(2)

After the effective date of this UDC, no Building Permit application shall be approved for any building or other structure which is not in compliance with this UDC; and no improvements, alterations, division of land, or other development shall take place or be commenced except in conformity with this UDC.

(g)

Site Development Plan or Final Subdivision Plat Application.

(1)

Applications for Subdivision or Site Development Plan projects accepted by the County prior to the effective date of this UDC shall be processed under the requirements of the UDC in effect at the time of application.

(2)

Individual Site Development Plans for a previously approved commercial subdivision shall be processed under the requirements of the ordinance in effect prior to the effective date of this UDC.

(3)

Plans submitted after the effective date of this UDC, must be in compliance with the Binding Development Concept Plan for the accompanying Special Exception or Zoning Map Amendment as described in this Article.

(4)

The plans shall be reviewed for compliance with the requirements of this UDC to the extent they do not conflict with the Binding Development Concept Plan.

(5)

Modifications to approved Subdivision or Site Development Plans that are processed as "walk through" changes, shall comply with the regulations in effect prior to the effective date of this UDC, if the original plan was approved under the prior ordinance. Individual Site Development Plans filed for a previously approved commercial subdivision may also be processed under the regulations in effect prior to the effective date of this UDC.

(6)

Any changes that require the filing of a new Subdivision or Site Development Plans shall comply with the requirements of this UDC.

(h)

Construction Plans (Horizontal Development). All construction plans must comply with the approved Subdivision or Site Development Plan and the UDC applied in the review of such plans.

(i)

Building Permits (Vertical Development). All Building Permits must be consistent with the approved Subdivision or Site Development Plans and the UDC applied in the review of such plans.

(j)

Sign Permits. Sign Permits issued after the effective date of this UDC, must comply with this UDC regardless of when the application for the Sign Permit was submitted.

(k)

Variances. Variance applications shall be submitted only for a Variance from the UDC in effect at the time the application is acted upon, regardless of when the application was filed.

(Ord. No. 2019-006, § 2, 4-23-2019)

(a)

Approved Rezoning with Binding Development Concept Plan. Where a Rezoning for a district that requires a Binding Development Concept Plan was approved prior to the effective date of this UDC, the provisions of this UDC shall apply to the extent that they do not conflict with the Binding Development Concept Plan.

(b)

Pending Rezoning Application with a Binding Development Concept Plan.

(1)

An application for a Rezoning deemed complete by the County on or before, the effective date of this UDC for a district that requires a Binding Development Concept Plan as specified in Section 124-53 may be approved after the effective date of this UDC. After the completeness determination, changes to the Development Concept Plan submitted with the Rezoning are allowed only at the request of County staff, the Planning Commission, or the Board. Where changes to the Development Concept Plan submitted with the Rezoning are made by the applicant after the effective date of this UDC, this UDC in its entirety shall apply.

(c)

Pending Rezoning That Does Not Require a Binding Development Concept Plan. Where a Rezoning to a district that does not require a Binding Development Concept Plan, subsequent Subdivision or Site Development Plans shall be subject to the requirements of this UDC. Modifications needed to comply with a stipulation contained in the Rezoning are not subject to this UDC.

(d)

District Conversion Table. The zoning districts' names in effect prior to the adoption of this UDC are hereby converted as shown. Properties zoned the "Old District" classification shall comply with the standards applicable to the "New District".