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(a) Each site-specific vesting plan shall include the information required by the Town of Lake Lure for the underlying type of development plan.
(b) Each site-specific vesting plan shall provide the notice and hearing required for the underlying type of development plan.
(c) An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the local government in the same manner as required for the underlying type of development plan.
(d) Upon following the same process as required for the original approval, the decision-making board or official may extend the vesting of a site-specific vesting plan up to three years (with total length of vesting not to exceed five years) upon finding that:
(1) The permit has not yet expired;
(2) Conditions have not changed so substantially as to warrant a new application; and
(3) The extension is warranted in light of all other relevant circumstances—including, but not limited to the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.
(Ord. No. 21-05-11, 5-11-2021)
(a) Nothing in this article shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning ordinance. The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval as provided for in the original approval or by applicable regulations.
(b) The establishment of a vested right pursuant to this article shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the Town of Lake Lure, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.
(c) New and amended zoning regulations that would be applicable to certain property but for the establishment of a vested right shall become effective upon the expiration or termination of the vested rights period provided for in this article.
(d) Upon issuance of a building permit, the expiration provisions of G.S. § 160D-1111 and 160D-1115 apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.
(e) Any vested rights for a site-specific vesting plan are subject to the exceptions specified at G.S. § 160D-108.1.
(Ord. No. 21-05-11, 5-11-2021)
(a) Completeness. Determination applicants shall submit applications to the zoning administrator in accordance with the applicable published schedule of submittal dates. Until an application is determined to be complete in accordance with the requirements, an application has not been submitted.
(b) On receiving a development application, the zoning administrator shall, within 30 business days, determine whether the application is complete or incomplete. A complete application is one that:
(1) Contains all information and materials required by for submittal of the applicable type of application, [and in].
(Ord. No. 21-05-11, 5-11-2021)
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