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Southern Shores City Zoning Code

ARTICLE XV

LEGAL STATUS PROVISIONS

Sec. 36-448.- Effects upon outstanding building permits.

Nothing herein contained shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted by the building inspector prior to the time of passage of this article or an amendment thereto; provided, however, that where a period of 180 days subsequent to the passage of this article, or where it has not been prosecuted to completion within 18 months subsequent to passage of this article, any further construction or use shall be in conformity with the provisions of this chapter.

(Code 1988, § 11-15.01)

Sec. 36-449. - Interpretation, purpose and conflict.

In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this article to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this article imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this article shall govern.

(Code 1988, § 11-15.02)

Sec. 36-450. - Validity.

If any section, subsection, sentence, clause, or phrase of this chapter or any part of the official zoning map is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter or of the official zoning map. The town council hereby declares that it would have passed this chapter and each article, section, clause, and phrase thereof, irrespective of the fact that any one or more articles, sections, sentences, clauses, or phrases be declared invalid.

(Code 1988, § 11-15.03)

Sec. 36-451. - Reenactment and repeal of existing zoning ordinance.

(a)

This section amends and in part carries forward by reenactment of some of the provisions of the zoning ordinance of the town (adopted by the town council on May 23, 1979, as subsequently amended, and effective on August 7, 1979) and it is not the intention to repeal but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued hereunder are preserved and may be enforced. All provisions of the zoning ordinance of the town, enacted in 1979, as amended, which are not reenacted herein are hereby repealed.

(b)

All suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of the ordinance from which this section is derived but shall be prosecuted to their finality the same as if the ordinance from which this section is derived had not been adopted; any and all violations of the existing zoning ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this article shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.

(Code 1988, § 11-15.04)