Orange County NC Website
Browse       Search
23 <br />--�1 <br />-3- <br />respect to property that is subject to a site specific <br />development plan upon the expiration or termination of <br />the vested right in accordance with this chapter. <br />• <br />(f) A zoning vested right is not a personal right, but shall <br />attach to and run with the applicable property. After <br />approval of a site specific development plan, all <br />successors to the original landowner shall be entitled to <br />exercise such right while applicable. <br />Section 4. Approval Procedures and Approval Authority. <br />(a) Except as otherwise provided in this section, an <br />application for site specific development plan approval <br />shall be processed in accordance with the procedures <br />established by ordinance and shall be considered by the <br />designated approval authority for the specific type of <br />zoning or land use permit or approval for which <br />application is made. <br />(b) Notwithstanding the provisions of subsection (a) , if the <br />authority to issue a particular zoning or land use permit <br />or approval has been delegated by ordinance to a board, <br />committee or administrative official other than the <br />(governing board), board of adjustment or other planning <br />agency designated to perform any or all of the duties of <br />a board of adjustment, in order to obtain a zoning vested <br />right, the applicant must request in writing at the time <br />of application that the application be considered and <br />acted on by the (governing board)[or board of <br />adjustment], following notice and a public hearing as <br />provided in G.S. 153A -323 and Chapter 160A, Article 19. <br />[Comment: Due to a concern that only the governing board, board of <br />adjustment and other planning agency designated pursuant to G.S. <br />153A -345 are authorized to hold a public hearing, and since a <br />public hearing is a prerequisite to obtaining a vested right, this <br />subsection was drafted in order to give the applicant the ability <br />to obtain a vested right by agreeing to have his /her application <br />considered by either the governing board or board of adjustment.] <br />(c) In order for a zoning vested right to be established upon <br />approval of - - a-- • site specific . development. plan, the <br />applicant must indicate at the -time of..application, on a <br />form to be provided by the county, that a zoning vested <br />right is being - sought. <br />[Comment: A model form is attached as an appendix to this <br />ordinance.]_ , <br />- OVER -;` <br />