Orange County NC Website
PROPOSED ORDINANCE AMENDMENT <br />ORDINANCE: ZONING ORDINANCE (ZO) <br />SUBDIVISION REGULATIONS (SR) <br />REFERENCE: (ZO) ARTICLE 22 -- DEFINITIONS (Site Specific <br />Development Plan, Vested Right) <br />(ZO) ARTICLE 14.3 - SITE PLAN REVIEW <br />(ZO) ARTICLE 8 - SPECIAL USES <br />(SR) SECTION II - DEFINITIONS (Site Specific <br />Development Plan, Vested Right, Minor <br />Subdivision) <br />(SR) SECTION III -D - APPLICATION AND APPROVAL <br />PROCEDURES <br />ORIGIN OF AMENDMENT: Staff Planning Board <br />BOCC Public x <br />Other: County Attorney <br />STAFF PRIORITY RECOMMENDATION: x High Middle Low <br />Comment: <br />EXPECTED PUBLIC HEARING DATE: August 26, 1991 <br />PURPOSE OF AMENDMENT: <br />To establish provisions for the vesting of property rights as <br />required by Senate Bill 766, ratified July 22, 1990 <br />IMPACTS /ISSUES: <br />Senate Bill 766 provides that local governments establish <br />ordinance provisions pertaining to the point at which <br />property rights become vested. The provisions of Senate Bill <br />766 go into effect on October 1, 1991. <br />Currently, the right to complete a development, even if <br />zoning regulations change, is vested when a building permit <br />is issued. The project remains vested for as long as the <br />building permit remains valid. A development may also be <br />vested if there have been "substantial expenditures" made in <br />good -faith reliance an a approved permit. The new vesting <br />legislation (described below) is in addition to this current <br />law. <br />SB 766 requires that a vested right be established for at <br />least 2 years upon the approval of a "Site Specific <br />Development Plan" (SSDP). A SSDP must describe with <br />"reasonable certainty" the type and intensity of use proposed <br />for the specific parcel(s). It is up to the local <br />governments to define the types of projects which may be <br />considered a SSDP. <br />In order to obtain the vested right, a public hearing must be <br />145 <br />