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BC 2004 06 24
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BC 2004 06 24
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3/10/2009 3:09:50 PM
Creation date
8/30/2004 10:30:20 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
6/24/2004
Board
Board of Commissioners
Meeting Type
Regular
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June 24, 2004 Page 531 <br /> <br />body may, upon six months written notice, withdraw its approval of these County <br />Regulations, and those regulations shall not have further effect within the <br />municipality's jurisdiction. <br /> <br />Section 4. Compliance with chapter required <br /> <br />Pursuant to G.S. 153 A-332 unless otherwise noted, no real property within the <br />jurisdiction of this ordinance shall be subdivided or a plat thereof recorded <br />until; a plan has been reviewed and approved by the Cabarrus County Planning <br />and Zoning Commission as provided in these regulations. Plans of group <br />developments for housing, commercial, industrial, or other uses, or for any <br />combination of uses shall be submitted in the same manner as other plats for <br />review by the Planning and Zoning Commission. <br /> <br />Section 5. Sale of land in unapproved subdivision <br /> <br />The sale of land in subdivisions, which have not been approved by the <br />Planning and Zoning Commission, is prohibited. Any person(s) who, being the <br />owner(s) or agent(s) of the owner of any land located within the jurisdiction <br />granted to Commissioners by General Statute 153-266.1, hereafter subdivides <br />his/her land in violation of this ordinance and any other use of a plat <br />properly approved under said ordinance and recorded in the Office of Register <br />of Deeds, shall be guilty of a misdemeanor. The description by metes and <br />bounds in the instruments of transfer or other documents(s) used in the <br />process of selling or transferring land shall not exempt the transaction from <br />the penalty. The County, through its County Attorney or other official <br />designated by the Board of County Commissioners, may enjoin such illegal <br />transfer or sale by action for injunction. Further, violators of this <br />ordinance shall be subject, upon conviction, to fine and/or imprisonment as <br />provided by General Statute 14-4 as amended. <br /> <br />Section 6. Other laws, ordinances or regulations <br /> <br />Whenever the provisions of any local, state or federal law, ordinance or <br />regulation impose higher standards than are required by the provisions of this <br />ordinance, the provisions of such law, ordinance or regulations shall govern. <br /> <br />Section 7. Exceptions to chapter provisions <br /> <br />Where because of the size of the tract to be subdivided, its topography, the <br />condition or nature of adjoining areas or the existence of other unusual <br />physical conditions, strict compliance with the provisions of this ordinance <br />would cause an unusual and unnecessary hardship on the subdivider, the Planning <br />and Zoning Commission may vary the requirements set forth herein. In granting <br />exceptions, the Planning and Zoning Commission may require such conditions as <br />will secure, insofar as practicable, the objectives of the requirement varied. <br />Any exception(s) authorized shall be entered in the minutes of the Planning and <br />Zoning Commission meeting together with the circumstances that justified the <br />exception(s) granted, and the conditions upon which the exception(s) was <br />granted. <br /> <br />Section 8. Vesting development rights <br /> <br />A developer/owner may establish a vested right to complete their development <br />project by submitting a site specific plan. A public hearing must be held by <br />the Planning and Zoning Commission to review and approve the site specific <br />plan. Any variations from the original plan must have the consent of the <br />Planning and Zoning Commission. Vested rights run with the land for a period <br />of two years. See Chapter 13 of the Cabarrus County Zoning Ordinance. <br /> <br />Section 9. Appeals/Grievances <br /> <br />Any person that is aggrieved by the decision of the Planning and Zoning <br />Commission as it relates to this ordinance, may within thirty (30) days of the <br />Planning and Zoning Commission's decision, petition the Board of County <br />Commissioners for their interpretation of the Planning and Zoning Commission <br />decision. <br /> <br />CHAPTER 2 DEFINITIONS <br /> <br />Section 1. "SUBDIVISION" DEFINED <br /> <br />A "subdivision", as specified in General Statute 153A-335, shall include all <br />divisions of a tract or parcel of land into two or more lots, building sites, <br />or other divisions for the purpose of sale, or building development (whether <br /> <br /> <br />
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