Laserfiche WebLink
June 24, 2004 <br /> ~, 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. lS3 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 Com~ission 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 pr~visions 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 Comm/sston 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 Co~ission 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 Co~ission 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 ~wo years. See Chapter 13 of the Cabarrus County Zoning Ordinance. <br /> <br />Section 9. Appeals/~rievances <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 />