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IiooK 14- Z,,,J,~ 126 <br />AN ORDINANCE IMPLEMENTING THE OE)ESTED RIGHT <br />PROVISIONS OF G.S. 153A-344.1 <br />WHEREAS, the North Carolina General Assemble ratified Senate Bill <br />766 on July 20, 1990 as Chapter 996 of 1989 Session Laws (1990 <br />Regular Session), effective October 1, 1991; and <br />WHEREAS, Chapter 996 has been codified as G.S. 153A-344.1; and <br />WHEREAS, G.S. 153A-344.1 provides for the establishment of a <br />statutory "vested right" upon approval of a "site specific <br />development plan"; and <br />WHEREAS, the County of Lee is authorized and required to identify <br />the specific types of zoning or land use approvals that constitute <br />a "site specific development plan" within the meaning of G.S. <br />153A-344.1; <br />NOW, THEREFORE, BE IT ORDAINED by the Board of County <br />Commissioners of the County of Lee, North Carolina: <br />Section 1. Purpose. <br />The purpose of this chapter is to implement the provisions of G.S. <br />153A-344.1 pursuant to which a statutory zoning vested right is <br />established upon the approval of a site specific development <br />plan. <br />section 2. Definitions. <br />As used in this chapter, the following terms shall have the <br />meaning indicated: <br />Approval authority - The Lee County Board of Commissioners, <br />Board of Adjustment, or other board or official designated by <br />ordinance or this chapter as being authorized to grant the <br />specific zoning or land use permit or approval that <br />constitutes a site specific development plan. <br />Site specific development plan - A plan of land development <br />submitted to Lee County for purposes of obtaining preliminary <br />subdivision approval in accordance with the provision of <br />Article VIZ of The Subdivision Ordinance Regulations of Lee <br />County, North Carolina, or a conditional use permit or <br />special use permit required under Article VII of The Zoning <br />Ordinance of Lee County, North Carolina, or other zoning <br />permit approvals required under Article XIII of The Zoning <br />Ordinance of Lee County, North Carolina. Notwithstanding the <br />foregoing, neither a variance, a sketch plan nor any other <br />document that fails to describe with reasonable certainty the <br />type and intensity of use for a specified parcel or parcels <br />of property shall constitute a site specific development <br />plan. <br />-1- <br />