Sec. 1.10. Transitional Provisions

1.10.1. Violations Continue

Any violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of previous zoning, subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., sedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control or flood hazard ordinances will continue to be a violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. under this Ordinance and be subject to penalties and enforcement under this Ordinance unless the use, developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., or activity complies, in its entirety, with the provisions of this Ordinance.

1.10.2. Prior Nonconformities and Grandfathered Uses

Any use, plan, buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., or lot that was nonconforming or grandfathered under prior ordinances shall be considered a nonconformity under this Ordinance except as may be otherwise provided under Article 14, Nonconformities. The provisions of Article 14, Nonconformities, shall be applicable to all nonconformities. Uses, plans, buildings, or lots that were previously nonconforming or grandfathered that become conforming because of adoption of this Ordinance shall no longer be considered nonconformities provided that all applicable provisions of this Ordinance are complied with.

1.10.3. Effect of this Ordinance on Approved Plans and on Completed Applications

A. Approved Site Plans, Plats, and Permits and Completed Applications

1. Completion of developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under an approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final platClosed The final map of all or a portion of a subdivision which is presented for final approval., major or minor special use permit, or building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. (if none of the preceding approvals are required) shall be governed by the ordinance under which the approval was granted.

2. An application for a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final platClosed The final map of all or a portion of a subdivision which is presented for final approval., major or minor special use permit, building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. (if none of the preceding approvals are required), or development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. associated with a zoning map change that was administratively determined to be substantially complete as of December 31, 2005, shall be governed by the ordinance in effect at the time of submission if it complied with such ordinance at that time. The expiration and continuing validity of any such site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., platClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., or permit shall be governed by the previous ordinance. The continuing validity of any such development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall be governed by paragraph 1.10.3A.3 below and paragraph 3.5.12, Deviations from Approved Development Plans.

3. For property with a development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. approved under an ordinance in effect prior to adoption of this Ordinance, an application for a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final platClosed The final map of all or a portion of a subdivision which is presented for final approval., major or minor special use permit, or building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. (if none of the preceding approvals are required) that is substantially complete as of December 31, 2006 or within two years of the date of development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. approval, whichever is later, shall conform to the approved development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. except that it shall comply with the provisions of this Ordinance adopted for environmental purposes, including but not limited to Article 8, Environmental Protection, Sec. 3.8, SedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and ErosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, and Sec. 12.10, SedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and ErosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, and to all other applicable laws or ordinances adopted for environmental purposes.

B. Timely Submission of Information

Applicants who have substantially complete applications as provided above shall comply with all requests for further information and submit all necessary revisions of submitted plans in a timely manner. Paragraph 3.2.4G, Active Application Time Period, shall apply, and any new application shall then conform with the provisions of this Ordinance.

1.10.4. Violations in Progress

The prosecution of violationsClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. which occurred under previous ordinances shall continue until resolved.

1.10.5. Zoning District Name Changes

A. The zoning district names in effect prior to the effective date of this Ordinance are hereby converted, as shown on the following table. The addition of new zoning districts or the deletion of zoning districts subsequent to the original adoption of this Ordinance is not reflected in the following table.

PREVIOUS DISTRICT

NEW DISTRICT

Residential DistrictsClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.

RD

Rural District

RR

Residential Rural

R-20

R-15, R-10

R-8

Residential 20

Residential 15, 10

Residential 8

RS-20

RS-10

RS-8

Residential Suburban – 20

Residential Suburban – 10

Residential Suburban – 8

RM-8, RM-12, RM-16

Residential MultifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. 8, 12, 16

RS-M

Residential Suburban MultifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment.

R-5

R-3

Residential 5

Residential 3

RU-5

RU-5(2)

Residential Urban – 5

Residential Urban – 5(2)

RM-16, RM-20

Residential MultifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. 16, 20

RU-M

Residential Urban MultifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment.

ITOD-CN

RM-CN 40

RM-CN 60

RM-CN 80

Interim TOD Compact Neighborhood

Residential MultifamilyClosed A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. Compact Neighborhood 40, 60, 80

RC

Residential Compact

Nonresidential Districts

NC

Neighborhood Commercial

CN

Commercial Neighborhood

O&I-1,

O&I-2

Transitional OfficeClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and Institutional, General OfficeClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and Institutional

OI

OfficeClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and Institutional

GC

General Commercial

CG

Commercial General

CBD

Central Business District

CBD

Central Business District

RSCH, RAD

Research Park, Research Applications

SRP

Science Research Park

I-2

CT

Light Industrial

Commercial Trade

IL

Industrial, Light

I-3

Heavy Industrial

I

Industrial

Planned Districts

PDR

Planned DensityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Residential

PDR

Planned DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Residential

UC

University and College

UC

University and College

SC

Shopping CenterClosed A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities.

CC

Commercial Center

I-1

Industrial Park

IP

Industrial Park

MU

Mixed UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land.

MU

Mixed UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land.

Overlay Districts

–

– NEW –

-P

Neighborhood Protection Overlay

–

– NEW –

-TO

Transitional OfficeClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. Overlay

60 to 65 LDN

Above 65 LDN

AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay

-A60

-A65

AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay

-DDO

Downtown Design Overlay

-DDO

Downtown Design Overlay

MTC

Major Transportation Corridor Overlay

-MTC

Major Transportation Corridor Overlay

-H

Historic District Overlay

-H

Historic Districts & Landmarks Overlay

WatershedClosed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay

M/LR-A, –B

Lake Michie/Little River District

M/LR-A, -B

Lake Michie/Little River District

F/J-A, –B

Falls/Jordan District

F/J-A, -B

Falls/Jordan District

E-A, –B

Eno River District

E-A, -B

Eno River District

B. Projects originally developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as R-20 Cluster DevelopmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. prior to 1994 that were converted to R-15 projects under the 1994 zoning ordinance shall be designated as RS-20 developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with the adoption of this Ordinance.

C. All parcelsClosed See “Lot of record.” zoned with developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, both developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and undeveloped, shall continue to carry the (D) designation. Deviations from such developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans shall be governed by the provisions of paragraph 3.5.12, Deviations from Approved Development Plans.