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Agenda - 10-07-1991
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Agenda - 10-07-1991
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BOCC
Date
10/7/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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24 <br />-4- <br />(d) Each map, plat, site plan, or other document evidencing a <br />site specific development plan shall contain the <br />following notation: "Approval of this plan establishes a <br />zoning vested right under G.S. 153A- 344.1. Unless <br />terminated at an earlier date, the zoning vested right <br />shall be valid until (date)." <br />(e) Following approval or conditional approval of a site <br />specific. development plan, nothing in this chapter shall <br />exempt such a plan from subsequent reviews and approvals <br />to ensure compliance with the terms and conditions of the <br />original approval, provided that such reviews and <br />approvals are not inconsistent with the original <br />approval. <br />(f) Nothing in this chapter shall prohibit the revocation of <br />the original approval or other remedies for failure to <br />comply with applicable terms and conditions of the <br />approval or the zoning ordinance. <br />Section S. Duration. <br />(a) A zoning right that has been vested as provided in this <br />chapter shall remain vested for a period of two years <br />unless specifically and unambiguously provided otherwise <br />pursuant to subsection (b). This vesting shall not be <br />extended by any amendments or modifications to a site <br />specific development plan unless expressly provided by <br />the approval authority at the time the amendment or <br />modification is approved. <br />[Comment: The governing board could also provide by ordinance that <br />the vesting period begins anew upon approval of an amendment or <br />modification or, alternatively, that the vesting period is never <br />extended by an approved amendment or modification.] <br />(b) Notwithstanding the provisions of subsection (a), the <br />approval authority may provide that rights shall be <br />vested for a period exceeding two years but not exceeding <br />five years where warranted in light of all relevant <br />circumstances, including, but not limited to, the size of <br />the development, the level of investment, the need for or <br />desirability of the development, economic cycles, and <br />market conditions. These determinations shall be in the <br />sound discretion of the approval authority at the time <br />the site specific development plan is approved. <br />[Comment: The governing board may choose to limit the duration of <br />all vested.rights to two years.3 <br />(c) Upon issuance of a building permit, the expiration <br />provisions of G.S. 153A -358 and the revocation provisions <br />
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