UDO Update 082024

Article 1: General Provisions Section 1.6. Transitional Provisions 1.6.1. Prior Violations

SECTION 1.6. TRANSITIONAL PROVISIONS

Prior Violations

1.6.1.

To the extent a development or activity in violation of the previous development regulations fully complies with the provisions of this Ordinance, it shall no longer be deemed a violation. Otherwise, it shall continue to be deemed a violation under this Ordinance and subject to penalties and enforcement in accordance with Article 10: Enforcement.

Prior Nonconformities

1.6.2.

To the extent a legal nonconformity under the previous development regulations becomes conforming under this Ordinance, it shall no longer be deemed nonconforming. Otherwise, it shall continue to be deemed a nonconformity and subject to the provisions of Article 9: Nonconformities.

Prior Development Approvals

1.6.3.

A. Any use or development approved under the previous development regulations may be established or carried out in accordance with the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and otherwise remains valid, and the approved use or development complies with applicable standards of this Ordinance pertaining to ongoing operations and maintenance activities (such as standards regulating illicit discharges into stormwater conveyances, the use of parking spaces, or the maintenance of required landscape vegetation). If the prior approval expires, is revoked, or otherwise becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Ordinance. B. To the extent a prior approval authorizes a use or development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 9: Nonconformities. A. A development application accepted as complete under the prior development regulations, but still pending a final decision as of July 1, 2014 , shall thereafter be reviewed and decided, at the applicant’s option, wholly in accordance with the development regulations in effect when the application was accepted, or wholly in accordance with this Ordinance (but not in accordance with a mix of provisions from both sets of regulations). B. If the applicant elects to have the pending development application reviewed in accordance with the prior development regulations, the Town shall review and decide the application in good faith and in accordance with any time frames established by the prior regulations. If the application is approved and the approval or subsequent authorization of the approved development expires or otherwise becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Ordinance. C. To the extent approval of a pending application in accordance with the prior development regulations authorizes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 9: Nonconformities. 1.6.4. Pending Applications

New Zoning Districts Compared to Previous Zoning Districts

1.6.5.

Table 1.6.5, New Zoning Districts, shows the new zoning districts established in Article 3: Zoning Districts, next to comparable zoning districts established in the Town’s previous Zoning Ordinance.

Morrisville, NC

June 13, 2023

Unified Development Ordinance

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