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Agenda - 10-07-1991
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Agenda - 10-07-1991
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11/8/2017 11:52:30 AM
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BOCC
Date
10/7/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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Fes• <br />-2- <br />following zoning or land use permits or approvals: ( list those <br />permits or approvals that rshall establish a statutory vested <br />right pursuant to G.S. 153A -344.1 and reference the ordinance <br />provisions that provide for such permits or approvals). <br />Notwithstanding the foregoing, neither a variance, a sketch <br />plan nor any other document that fails to describe with <br />reasonable certainty the type and intensity of use for a <br />specified parcel or parcels of property shall constitute a <br />site specific development plan. <br />[Comment: The identification of those approvals or permits that <br />will trigger a statutory vested right is the major discretionary <br />decision delegated to counties under the Act.1 <br />Zonin vested ri ht - A right pursuant to G.S. 153A -344.1 to <br />undertake and complete the development and use of property <br />under the terms and conditions of an approved site specific <br />development plan. <br />Section 3. Establishment of a Zoning Vested Right. <br />(a) A zoning vested right shall be deemed established upon <br />the valid approval, or conditional approval, by the <br />(governing board) or board of adjustment, as applicable, <br />of a site specific development plan, following notice and <br />public hearing. <br />(b) The approving authority may approve a site specific <br />development plan upon such terms and conditions as may <br />reasonably be necessary to protect the public health, <br />safety, and welfare. <br />(c) Notwithstanding subsections (a) and (b), approval of a <br />site specific development plan with the condition that a <br />variance be obtained shall not confer a zoning vested <br />right unless and until the necessary variance is <br />obtained. <br />(d) A site specific development plan shall be deemed approved <br />upon the effective date of the approval authority's <br />action or ordinance relating thereto. <br />(e) The establishment of a zoning vested right shall not <br />preclude-:the application of overlay zoning -that imposes <br />additional, requirements but does not affect the allowable <br />type or intensity of use, or ordinances or regulations <br />that are general in nature., and are applicable to all <br />property subject-to land -use regulation by the county, <br />including, but not limited to, building, fire, plumbing, <br />electrical, and mechanical codes. Otherwise applicable <br />new or amended regulations shall become effective with <br />
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