Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 10: Definitions 331 Section 10.1: Definitions Van ce A relaxatio f the literal terms of this Ordinance where such variance will not be contr o the public interest and, w owing to conditions peculiar to the property and not the resul actions or the situation of the applic t, a literal enforcement of the Ordinance would result' nnecessary and undue hardship. A variance is a orized only for the dimensional controls of ' Ordinance; establishment or expansion of a use otherwise p ibited shall not be permitted by ariance. Variance, Minor, State Watershe anage nt A variance from the minimum statewide water s y watershed protection rules that results in a relaxation by a factor of up to 10% of any agem requirement under the low density requirement. Variance, Major, State rshed Management A variance from the state ' e water supply watershed regulations th esults in the relaxation by a factor greater than 10% of management requirement under the low density 'on or the relaxation of any management r irement that applies to a development project requiring cons tion of a BMP. Ve • e Trip vehicle trip occurs when one vehicle travels from a point of origin to a point of destination. Vested Right The right to undertake and complete the development of a property under the terms and conditions of an approved Site Specific Devel^^m^^+Vesting Plan, provided, however, failure to abide by such terms and conditions shall result in a forfeiture of vested rights. The vested right is attached to and runs with the applicable property and may be exercised by successors to the original landowner. The period during which a vested right is in affect effect may be extended by amendments or modifications to the Site Specific Development.Vesting Plan. An application for an amendment or modification to an approved Site Specific Vesting Plan shall be treated as a new application. Once established, a vested right supersedes any zoning action which would affect w+th the type and intensity of use approved in the Site Specific Development Vesting Plan, EXCEPT: a) Upon written consent of the landowner; b) Upon findings, after a public hearing, that if the development were to proceed, natural or man- made hazards would pose a serious threat to the public health, safety and welfare; c) To the extent that the landowner is compensated for costs and expenses other than loss of property value; d) Upon findings, after a public hearing, that the applicant or his/her representative(s) intentionally supplied inaccurate or misleading information which led to the approval of the project; or e) Upon findings, after a public hearing, that a change in a State or Federal law or regulation precludes development of the project as approved. Vesting of rights does not preclude the application of overlay zoning districts which impose additional regulations, provided that the regulations are applicable to all property subject to this Ordinance, and the allowable type and intensity of use is not affected. The vested right terminates at the end of the approved vesting period for buildings and uses for which building permits have not been issued. Building permits do not expire during the approved vesting period. Vet• Clinic A facility staf a at least one licensed veterinarian for the care and treatment of I and/or small animals not involving o ht care. Veterinary Hospital A facility staffed by at least one licensed veter ' n e specialized treatment of large and/or small animals, which may involve overnigh Violation The fail a structure, use or development to be fully compliant or is inconsistent with an ision of rdinance. A structure or other development without the elevation certificate, other certifications, Orange County, North Carolina—Unified Development Ordinance Page 10-65