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Cabarrus County Zoning Ordinance <br />Chapter 1- General Provisions <br />For a period of ninety (90) days beginning on the date of enactment of this Ordinance, a <br />landowner may claim use of the former zoning district and that district's accompanying <br />schedule of uses to secure a zoning permit for a particular use. Alternatively, a <br />landowner who desires a vesting of a former zoning district's use but does not wish to <br />secure the necessary zoning permit or is unable to do so within the ninety day time <br />period, shall submit a "site specific plan" (drawn in accordance with Section 5.4 and 5.5 <br />of the Prior Ordinance) or a "phased development plan" (drawn in accordance with the <br />Cabarrus County Subdivision Regulations) within one hundred eighty (180) days of the <br />enactment of this Ordinance. <br />Section 1 -8 Establishment of vested right <br />A vested right shall be deemed established with respect to any property upon the valid <br />approval, or conditional approval, of a site specific development plan or a phased <br />development plan, following notice and public hearing by the Cabarrus County Planning <br />and Zoning Commission (the "Commission "), acting & ` °'oars" 1f Adjustment <br />referred to as C miss;^^ Such vested right shall confer upon the <br />landowner the right to undertake and complete the development and use of &a44 such <br />property for a period of two years. The Commission may approve a site specific <br />development plan or a phased development plan upon such terms and conditions as <br />may reasonably be necessary to protect the public health, safety and welfare. Such <br />conditional approval shall result in a vested right. althebigh Failure to abide by such <br />terms and conditions will result in a forfeiture of any or vested rights. The <br />Commission &#ail cannot require a landowner to waive his vested rights as a condition <br />of developmental approval. A site specific development plan or a phased development <br />plan shall be deemed approved upon the effective date of the County's action or <br />rdinance relating thereto. <br />If a conditional use as identified in the Prior Ordinance is being sought, the use shall be <br />heard by the Commission (arsti^^ as a R o f djbistmeHt) as a Board of <br />Adjustment in accordance with the pertinent provisions of Sections 8 and 9 of the <br />Prior Ordinance. Approval of the use and any related conditions imposed as part of <br />that approval process shall ccepstiwite as sufficient for purposes of vesting the <br />development rights for that property. <br />Section 1 -9 Duration and termination of vested right. <br />A right which has been vested through public hearing, as provided for in this section, <br />shall remain vested for a period of two years. Following approval or conditional <br />approval of a site specific development plan or a phased development plan, nothing in <br />this section shall exempt such a plan from subsequent reviews and approvals by the <br />County to ensure compliance with the terms and conditions of the original approval, <br />provided that such reviews and approvals are not inconsistent with &a+4 original <br />Chapter 1 Page 3 of 6 <br />Attachment number 2 <br />G -4 Page 227 <br />