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BC 2004 12 20 Regular
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BC 2004 12 20 Regular
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3/9/2006 10:14:29 PM
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3/31/2005 8:39:59 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/20/2004
Board
Board of Commissioners
Meeting Type
Regular
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<br />December 20, 2004 (Regular Meeting) <br /> <br />Page <br /> <br />35 <br /> <br /> <br />d. Types of Uses and Land Use Approvals Not Affected. This <br />Ordinance shall not apply to the following: <br />i. uses or developments for which only a zoning permit <br />is required; <br />ii. subdivisions involving the division of a tract into <br />no more than five new lots, that does not require the <br />extension or installation of public infrastructure, <br />with each such lot meeting the requirements of the <br />Cabarrus County zoning and subdivision Ordinances. <br />No additional divisions of land on the lots shall be <br />allowed during the moratorium period; <br />iii. major subdivisions, which, on the effective date of <br />the IDO, have had completed preliminary plat <br />application (per Chapter 3 of the Cabarrus County <br />Subdivision Ordinance), submitted to the Cabarrus <br />County Department of Commerce's Planning Division, <br />including the paying of all requisite fees; <br />i v. applications for rezonings I conditional use perrni ts I <br />and variances; <br />v. rehabilitation of an existing building or structure <br />within authorized zoning requirements; <br />vi. accessory uses within authorized zoning requirements; <br />vii. signs within authorizing zoning requirements; and <br />viii. reconstruction of a damaged or destroyed building <br />within the limits authorized by the Zoning Ordinance; <br />ix. All exempted matters are nevertheless subject to the <br />existing zoning and subdivision regulations and <br />ordinances, which are otherwise being pre-empted by <br />this ordinance. <br /> <br />SECTION 6. AFFECTED DEVELOPMENT <br />a. Land Use Approvals. Notwithstanding any provision of the <br />Zoning Ordinance and Subdivision Regulations to the <br />contrary, no Application for Land Use Approval shall be <br />processed or approved in the County during the term of this <br />Ordinance. <br />b. Exempt Applications. No application for land use approval <br />shall be accepted, processed or approved until the zoning <br />Administrator has determined whether the application is <br />exempt from this Ordinance pursuant to Section S.d hereinj <br />and that said application is complete with respect to all <br />of the information required by this Ordinance. <br />c. Enforcement. The IDO may be enforced by the County by any <br />appropriate means authorized by NCGS 153A-123 and County <br />ordinances including, but not limited to, declaratory <br />and/or injunctive relief, fines I withholding of land use <br />approvals and revocation of land use approvals. <br />d. Amendments. Changes to and/or extensions of this IDO must <br />be made in the same manner as its adoption. Nothing herein <br />precludes the Board of Commissioners or limits its <br />discretion to make such changes or extensions of time at <br />any time, if deemed necessary or desirable. <br />e. Fees for Processing. <br />i. The current Cabarrus County fee schedule for 20ning <br />and subdivision permits and approvals shall remain in <br />effect during the effective date of the IDO. No <br />application for land use approval or a vested right <br />determination shall be processed pursuant to the IDO <br />unless the Applicant has first or contemporaneously <br />paid the applicable processing fee established by the <br />Board of Commissioners. <br />ii. All processing fees paid shall be non-refundable. <br />f. Time Limits. The time limits set forth in this Ordinance <br />are mandatory and of the essence i provided, however I that <br />the Board of Commissioners may extend such time periods for <br />a reasonable period of time upon consent of the applicant. <br />Such extension shall indicate the reason for the extension, <br />the additional period of time needed for review, and the <br />purpose for which the application review will be conducted. <br />g. Appeals. Appeals shall be allowed, pursuant to NCGS 153A- <br />345. <br /> <br />SECTION 7. VESTED RIGHTS DETERMINATION <br />a. Application. <br />i. Eligibility. Any applicant for a land use approval <br />claiming entitlement to application approval on the <br />
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