Orange County NC Website
Variance - A relaxation of the literal terms of this ordinance where such variance will <br />not be contrary to the public interest and, where, owing to conditions peculiar to the <br />property and not the result of actions or the situation of the applicant, a literal <br />enforcement of the ordinance would result in unnecessary and undue hardship. A <br />variance is authorized only for the dimensional controls of this ordinance; <br />establishment or expansion of a use otherwise prohibited shall not be permitted by a <br />variance. <br />Amended <br />2/7!83 Vehicle Trip - A vehicle trip occurs when one vehicle travels from a point of origin to a <br />point of destination. <br />Amended <br />1o/7/s1 Vested Right -The right to undertake and complete the development of a property <br />under the terms and. conditions of an approved Site Specific Development Plan, <br />provided, however, failure to abide by such terms and conditions shall result in a <br />forfeiture of vested rights. The vested right is attached to and runs with the applicable <br />property and may be exercised by successors to the original landowner. <br />The period during which a vested right is in affect may be extended by amendments <br />or modifications to the Site Specific Development Plan. An' application for an <br />amendment or modification to an approved Site Specific Development Plan shall be <br />treated as a new application. <br />Once established, a vested right supersedes any zoning action which would affect with <br />the type and intensity of use approved in the Site Specific Development Plan, <br />EXCEPT: <br />a) upon written consent of the landowner; <br />b) upon-findings, after a public hearing, that if the development were to proceed, <br />natural or man-made hazards would pose a serious threat to the public health, <br />safety and welfare; <br />c) to the extent that the landowner is compensated for costs and expenses other <br />than loss of properly value; <br />d) upon findings, after a public hearing, that the applicant or his/her <br />representative(s) intentiorially supplied inaccurate or misleading information <br />which led to the approval of the project; or <br />e) upon findings, after a public hearing, that a change in a State or Federal law or <br />regulation precludes development of the project as approved. <br />Vesting of rights does not preclude the application of overlay zoning districts which <br />impose additional regulations, provided that the regulations are applicable to all <br />property subject to this Ordinance, and the allowable type and intensity of use is not <br />affected. <br />The vested right terminates at the end of the approved vesting period for buildings and <br />uses for which building permits have not been issued. Building permits do not expire <br />during the approved vesting period. <br />22-33 <br />