§ 1-1014. Transitional provisions.

A.

Approved or pending zoning permits, site plans or building permits.

1.

The requirements of this ordinance shall not apply to any structure or use established pursuant to a zoning permit or building permit issued prior to the effective date of this ordinance.

2.

No zoning permit which was lawfully issued prior to the original effective date of this ordinance and which is in full force and effect at said date shall be invalidated by the passage of this ordinance, provided that all such permits shall expire not later than six (6) months from the effective date of this ordinance, unless actual construction has begun pursuant to the terms of said permit. See subsection 1013.E, expiration of permits, for further explanation of permit expiration.

3.

The requirements of this ordinance shall not apply to any structure or use proposed to be established pursuant to a zoning permit, site plan or building permit application pending as of the effective date of the ordinance, provided the following conditions are met:

a.

The requirements of the former Isle of Wight County Zoning Ordinance adopted and amendments thereof shall be met;

b.

The zoning permit is issued within ninety (90) days after the effective date of this ordinance;

c.

For the purpose of this section, a pending site plan or building permit application that does not contain all of the required information for a site plan approval shall not meet the intent of this section.

B.

Approved and pending preliminary subdivision plats.

1.

The requirements of this ordinance shall not apply to lots shown on a preliminary subdivision plat approved by the board of supervisors as of the effective date of this ordinance, provided the subdivider submits a final subdivision plat for all or a portion of the property within one (1) year of such approval and thereafter diligently pursues approval of the final subdivision plat.

2.

The requirements of this ordinance shall not apply to lots shown on a preliminary subdivision plat pending approval as of the effective date of this ordinance, provided the following conditions are met:

a.

The requirements of the former Isle of Wight County Zoning Ordinance and amendments thereof shall be met.

b.

The preliminary subdivision plat is approved by the board of supervisors or the subdivision agent, as may be required, within ninety (90) days from the effective date of this ordinance. This time period may be extended by the board of supervisors upon written request.

c.

A final subdivision plat is submitted for all or a portion of the property within one (1) year of such approval and thereafter the subdivider diligently pursues approval of the final subdivision plat.

C.

Board of zoning appeals approvals.

1.

The requirements of this ordinance shall not apply to any variance granted by the board of zoning appeals pursuant to the former ordinance as amended, provided any activity or development authorized by such approval shall commence within six (6) months of the effective date of this ordinance.

2.

The requirements of this ordinance shall not apply to any case pending before the board of zoning appeals or courts of this state, provided that any activity or development authorized by the approval of any case shall commence within six (6) months of the effective date of the board or court decision.

D.

Zoning in effect prior to effective date of this ordinance. .....All zoning district classifications and maps, variances and conditional uses, special uses, and all applications for such approvals, including the particular zoning district applicable to a lot, parcel, or tract of land, established under the prior ordinance, as amended, and as applied by legislative or administrative action thereunder, shall, as of the effective date of this ordinance, be of no further effect or validity, except to the extent specific continuing rights are granted by the terms of this ordinance. (7-7-05; 7-19-18.)