§ 1.2. Exemptions and special considerations.

1.2.1

Vested rights. The provisions of this UDO shall not apply to any development or aspect of development with vested rights or nonconforming uses, subject to the provisions of Article 13 of the UDO. The provisions of this UDO shall not apply to:

(1)

A validly approved statutory vested right (including a currently effective site specific development plan or preliminary plat approved pursuant to G.S. §§ 160A-385.1 and 153A-344.1 prior to the effective date of this ordinance provided); or

(2)

A judicially established common law vested right where (1) the owner has made substantial expenditures; (2) the expenditures were made in good faith; (3) the expenditures were made in reliance on valid government approval, if such was required; and (4) the owner would be harmed with a vested right. [ref. Browning-Ferris Indus. of S. Atl., Inc. v. Guilford County Bd. of Adjustment, 126 N.C. App. 168, 171-72, 484 S.E. 2d 411, 414 (1997)]

1.2.2

Subdivisions. The provisions of this ordinance apply to any subdivision of land as defined pursuant to G.S. §§ 160A-376 and 153A-335. The provisions of this ordinance do not apply to any subdivision of land exempt pursuant to G.S. § 160A-376 (within the incorporated areas of the County or extraterritorial jurisdiction) or § 153A-335 (within the unincorporated areas of the county). The department of community development (hereinafter known as the "department") of the County of Lee can be contacted for further information about the use of this ordinance.

1.2.3

Farms. Within the unincorporated areas of Lee County that are not within the extraterritorial jurisdiction of the City of Sanford or the Town of Broadway, the provisions of this ordinance do not apply to any property used for bona fide farm purposes except where permitted by G.S. § 153A-340.

1.2.4

Public lands and public enterprises. Pursuant to G.S. §§ 160A-392 and 153A-347, no land owned by the State of North Carolina may be included within an overlay district or a conditional use district without approval of the council of state.

1.2.5

Development under prior regulations.

1.2.5.1

Violations continue. See § 1.6.4, below.

1.2.5.2

Nonconformities under prior ordinance. Any legal nonconformity under a previous zoning or subdivision ordinance also will be a legal nonconformity under this ordinance, so long as the situation that resulted in the legal nonconforming status under the previous ordinance or under this ordinance continues to exist. If a legal nonconformity under the previous ordinance becomes conforming because of the adoption of this ordinance, then said use or structure will no longer be considered a nonconformity.

1.2.5.3

Conditional rezoning. The classification of a parcel pursuant to the official zoning map of this ordinance shall not constitute an amendment or variation of any conditions created pursuant to a conditional rezoning approved prior to the effective date of this ordinance. The landowner or applicant for development approval shall remain subject to all such conditions unless amended.

(Ord. of 9-19-2005)