Purpose & Applicability 1.6 Required Conformance With This Ordinance
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1.6. Required Conformance With This Ordinance
1.6.1. Required Conformance No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered, or moved, unless in conformity with all of the regulations herein specified for the zoning district in which it is located subject to the provisions of Section 13.1.1 Every building erected, moved, or structurally altered shall be located on a lot conforming to the requirements of the district. From and after the adoption of the UDO, no real property lying within the jurisdiction of the UDO shall be subdivided except in conformance with all applicable provisions of the UDO. In addition, after the effective date of the UDO, no plat for subdivision of land within the jurisdiction of the UDO shall be certified for recording by the Administrator, nor shall the Clerk of Superior Court order the recording of a plat until it has been submitted and approved in accordance with the provisions of the UDO. 1.6.2. Conformance to Subdivision Standards and Required Improvements Upon Development All existing lots of record, platted prior to the adoption of this ordinance and upon which no buildings have been erected, shall be considered legal, nonconforming lots upon the date of adoption of this ordinance and shall not be subject to the new lot standards herein. However, buildings upon such lots shall be subject to standards in this ordinance including all related site improvements.
1.7. Transitional Provisions
The following transitional provisions shall apply to various activities, actions and other matters pending or occurring as of the effective date of this ordinance.
1.7.1. Violations Continue Any violation of any previous ordinance of the Town of Wake Forest shall continue to be a violation under this ordinance and shall be subject to the penalties set forth at the time of the violation, unless the use, development, construction, or other activity is clearly consistent with the express terms of this ordinance.
1.7.2. Completion of Current Development Plans Under Previous Ordinances A. Permit Issued
Any building or development for which a permit or plan approval was issued prior to the effective date of this ordinance or any amendment thereto, may be completed in conformance with the issued permit or plan approval and other applicable permits and conditions.
B.
Application Filed 1.
Any type of land development application which has been officially filed with the appropriate town official prior to the effective date of this ordinance or any amendment thereto, may continue to be processed under the land use rules and regulations in effect prior to said date. 2. The application must remain active. An application is considered active if revisions are resubmitted within six months of receiving review comments. 3. If the application is not resubmitted within six months of receiving review comments, then the application process may be completed only in strict compliance with the requirements of this ordinance. 4. The specified time may be extended at the discretion of the Administrator due to delays in approvals from agencies external to the Town of Wake Forest. 5. In accordance with NCGS §160D-108(b) and NCGS §143-755, an application submitted for one development permit may trigger permit choice for other associated development permits. The applicant must request that the permit choice rule be applied in order for permit choice to be in effect.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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