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k ()1 ~_"f 'r.r,r ~9,7 <br />- 0 <br />Zoning vested right - A right pursuant to G.S. 153A-344.1 to <br />undertake and complete the development and use of property <br />under the terms and conditions of an approved site specific <br />development plan. <br />Section 3. Establishment of a Zoning Vested Right. <br />(a) A zoning vested right shall be deemed established upon <br />the valid approval, or conditional approval, by the Lee <br />County Board of Commissioners or Board of Adjustment, as <br />applicable, of a site specific development plan, <br />following notice and public hearing. <br />(b) The approving authority may approve a site specific <br />development plan upon such terms and conditions as may <br />reasonable by necessary to protect the public health, <br />safety, and welfare. <br />(c) Notwithstanding subsections (a) and (b), approval of a <br />site specific development plan with the condition that a <br />variance be obtained shall not confer a zoning vested <br />right unless and until the necessary variance is <br />obtained. <br />(d) A site specific development plan shall be deemed <br />approved upon the effective date of the approval <br />authority's action or ordinance relating thereto. <br />(e) The establishment of a zoning vested right shall not <br />preclude the application of overlay zoning that imposes <br />additional requirements but does not affect the <br />allowable type or intensity of use, or ordinances or <br />regulations that are general in nature and are <br />applicable to all property subject to land use <br />regulation by the county, including, but not limited to, <br />building, fire, plumbing, electrical, and mechanical <br />codes. otherwise applicable new or amended regulations <br />shall become effective with respect to property that is <br />subject to a site specific development plan upon the <br />expiration or termination of the vested right in <br />accordance with this chapter. <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 <br />to 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 proceeded 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 />-2- <br />