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HomeMy WebLinkAboutAgenda - 05-24-1993 - C 6c 181 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Mav 24 , 1993 Action Agenda Item # C 6c SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT (ARTICLE 14 . 3 - SITE PLAN REVIEW) (ARTICLE 21.4 - ZONING COMPLIANCE PERMIT REQUIRED) DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Proposed Ordinance Amendments Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on a proposed Zoning Ordinance text amendment that would add language to Article 14 and Article 21 of the Zoning Ordinance to clearly explain that a site plan approval with or without a zoning compliance permit does not establish a vested right to develop a project in the absence of an approved Site Specific Development Plan. BACKGROUND: In 1991 the Zoning Ordinance was amended to include provisions for vested rights. An applicant may request approval of a Site Specific Development Plan which would allow him or her to develop property according to the plan for a period of two to five years. Once a vested right is established, development of a project would not be affected by zoning changes concerning the type and intensity of the use. If a site plan is approved without being vested, the applicant is not entitled to develop the project should zoning regulations change subsequent to plan approval. Issuance of a zoning compliance permit does not extend a vested right. If a site plan approval is followed by a zoning permit and a building permit, then the project is vested, provided the building permit does not expire. The proposed amendments to the Zoning Ordinance would eliminate any question as to the viability of a project without approval of a Site Specific 182 Development Plan. RECOMMENDATION: Article 20.3.3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within thirty days of receipt of an application. However, Article 20.4 exempts any application for amendment to the Zoning Ordinance text by either the public or the County from the provisions of Article 20.3. In either case, the public hearing is the time scheduled for the presentation of the Zoning Officer's recommendation. Zoning Officer's Recommendation The Zoning Officer prepared the proposed Zoning Ordinance text amendment and presented it to the Ordinance Review Committee of the Planning Board. Provided the Planning Board and the County Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. No decision on the proposed amendment is made by either the Planning Board or Board of Commissioners at the public hearing. Amendments initiated by the County are not subject to time limitations other than those specified by the Board of Commissioners. Administration Recommendation The Administration recommends that the Board of Commissioners adjourn the public- hearing until 7:30 on August 2, 1993, at the Old County Courthouse, Hillsborough, N.C. , to receive the Planning Board recommendation. 13 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 14 . 3 - Site Plan Review Article 21.4 - Zoning Compliance Permit Required ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: County Attorney EXPECTED PUBLIC HEARING DATE: May 24 , 1993 PURPOSE OF AMENDMENT: To add language to the Zoning Ordinance to clearly explain that a site plan approval, with or without a zoning compliance permit, does not establish a vested right to develop a project in the absence of an approved Site Specific Development Plan. IMPACTS/ISSUES: The Planning and Inspections Department has encountered situations when a site plan has been approved and a zoning compliance issued, but construction of the project never started. Occasionally, the applicant returns years later to obtain a building permit and discovers that zoning regulations have changed since the site plan was approved. In 1991 the Zoning Ordinance was amended to include provisions for vested rights. An applicant may request approval of a Site Specific Development Plan which would allow him or her to develop property according to the plan for a period of two to five years. Once a vested right is established, development of a project would not be affected by zoning changes concerning the type and intensity of the use. Without obtaining a vested right to develop a project, the applicant must comply with all land use regulations in effect at the time a building permit is requested. Even if a zoning compliance permit is issued with the site plan approval, the applicant is not entitled to develop the property should the zoning designation change. EXISTING AND PROPOSED ORDINANCE TEXT: 14.3 SITE PLAN REVIEW 14 .3.2 . If a plan is approved subject to conditions, no zoning permit or subsequent building permit shall be issued until all conditions of approval have been met to the satisfaction of 184 Orange County. Site plan approval and the issuance of a zoning compliance permit does not establish a vested right to develop the property should zoning regulations change subsequent to plan approval. At the option of the Applicant, a Site Plan may be vested for a period of not less than two (2 ) nor more than five (5) years. To become vested, a Site Plan must be approved by the Board of County Commissioners as a Special Use Permit, pursuant to Article 8 of this Ordinance. An approved Site Specific Development Plan shall contain the following statement: "Approval of this plan establishes a zoning vested right under G.S. 153A-344 . 1. Unless terminated at an earlier date, the zoning right shall be valid until 21.4 Zoning Compliance Permit Required It shall be unlawful to begin the excavation for the construction, the moving, alteration, or repair, except ordinary repairs, of any building or other structure, including an accessory structure costing more than $100 or exceeding one hundred square feet in area, until the Zoning Officer has issued for such work a Zoning Compliance Permit which includes a determination that plans, specifications and the intended use of such structure does in all respects, conform to the provisions of this ordinance. Also, it shall be unlawful to change the type of use or type of occupancy of any building, or to extend any use of any lot on which there is a non-conforming use, until the Zoning Officer has issued for such intended use a Zoning Compliance Permit, including a determination that the proposed use does, in all respects, conform to the provisions of this ordinance. Issuance of a Zoning Compliance Permit does not establish a vested right to begin and complete construction or change the use/occupancy of a lot or building should zoning regulations change subsequent to issuance of said permit. Ordinance Review Committee: Planning Board: BOCC: