(A)

No person shall undertake any development activity subject to this Ordinance except in accordance with and pursuant to one of the following permits:

(1)

A zoning permit or sign permit issued by the Zoning Administrator;

(2)

A special use permit issued by the Board of Adjustment; or

(3)

A conditional use permit issued by the Board of Commissioners.

(B)

Zoning permits, sign permits, special use permits, and conditional use permits are issued under this Ordinance only when a review of the application submitted, including the site plans contained therein, indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided herein, all development shall occur strictly in accordance with such approved plans and applications.

(C)

Physical improvements to land to be subdivided may not be commenced except in accordance with a major subdivision plat approved pursuant to Section 10-3 or a minor subdivision plat approved pursuant to Section 10-2.

4-2.1.

Zoning Permit Exemptions. The following are exempt from zoning permit requirements:

(A)

Farm buildings (other than residences) used for bona fide farm purposes;

(B)

Any accessory building with a building dimension of 12 feet or less; and

(C)

Facilities (other than buildings) of a public utility or an electric or telephone membership corporation.

4-2.2.

Sign Permit Exemptions. No sign permit shall be required for signs specifically exempted by Section 11-1.3.

4-3.1.

General Requirements.

(A)

Submission. Unless otherwise specified, all applications for permits under this Ordinance shall be submitted by the owner of the property or the authorized agent of such owner to the Zoning Administrator. The Zoning Administrator may require reasonable proof of agency from any person submitting an application as an agent.

(B)

Form of Submission. An application for any permit under this Ordinance shall be submitted in such form, number of copies and format as required by Appendices 1 and 3, together with such fees as required.

(C)

Waiver of Submission Requirements. The Zoning Administrator may waive submission of required elements of information when, in his opinion, such information is otherwise available or is not necessary to review the application. The Zoning Administrator may refuse to process an incomplete application.

(D)

Processing. All applications for permits shall be submitted, reviewed and processed in accordance with the requirements of this Ordinance.

(E)

Approved Plans. A copy of required plans or information submitted with the application shall be returned to the applicant after the Zoning Administrator has marked the copy either approved or disapproved and attested to same. A similarly marked copy shall be retained by the Zoning Administrator.

(F)

Health Department Construction Permit Required. A permit for any building or use for which a State or County Health Department permit for installation of a well or a sewage disposal system is required or for which approval by the State or County Health Department of an existing well or sewage disposal system is required, shall not be issued until such permit or approval has been issued by the State or County Health Department.

(G)

[Detailed or technical design requirements and construction specifications.] In this Ordinance, detailed or technical design requirements and construction specifications relating to various types of improvements (roads, utilities, etc.) are set forth in one or more of the appendices to this Ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of this Ordinance. However, whenever this Ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the NCDOT, the applicable utility provider, or other appropriate approval authority. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article V (Enforcement).

4-3.2.

Site Plan and Plot Plan Procedures.

(A)

Applicability.

(1)

Plot Plan Required. No zoning permit for a single-family or two-family dwelling on a single lot shall be issued until a plot plan, prepared in accordance with Appendix 1, has been approved.

(2)

Site Plan Required. No other zoning, special use, or conditional use permit shall be issued on a lot until a site plan, prepared in accordance with Appendix 1, has been approved for the development. No new nor amended site plan shall be required if an adequate site plan is already on file, there is no change in the parking requirements, or there is no increase in impervious surface area.

(B)

[Waiver of Site Plan Requirement.] The Zoning Administrator may waive the requirement for a site plan if, in his judgement, it is determined that it is not necessary to complete the review of the permit application.

(1)

Timing. Site plans shall be submitted to the Zoning Administrator in conjunction with a permit application.

(2)

Site Plan Compliance. Site plans shall contain all applicable information listed in Appendix 1. A site layout meeting the requirements of Article 10-3.3(C) of this Ordinance may also serve as the preliminary subdivision plat.

(C)

Coordination With Other Procedures. To lessen the time required to obtain all necessary approvals, the site plan approval process may run concurrently with building plan review or other applications for approvals required for the particular project.

(D)

Site Plan and Plot Plan Approval.

(1)

Approval of Site/Plot Plan. The site plan or plot plan shall be approved when it meets all requirements of this Ordinance or proper waivers and/or variances are obtained.

(2)

Approval Authority.

(a)

Site plans or plot plans submitted with zoning permit applications shall be approved by the Zoning Administrator.

(b)

Site plans submitted with special use permit applications shall be approved by the Board of Adjustment.

(c)

Site plans submitted with conditional use permit applications shall be approved by the Board of Commissioners.

(3)

Conditional Approvals. If the site plan is granted conditional approval, the applicant shall revise and resubmit the site plan. The Zoning Administrator shall review the revised site plan and, if it meets all the approval conditions and is otherwise substantially unaltered, shall signify on the plan the change from conditional approval to approval. If the site plan is not revised within sixty days to meet the approval conditions, or the applicant notifies the Zoning Administrator that he is unwilling to revise the site plan, it shall be deemed denied.

(E)

Road and Utility Construction.

(1)

Plans. When required, road and utility construction plans for all public or private roads, and water, sanitary sewer, and storm sewer facilities shall be submitted to the applicable authority following conditional approval or approval of the site plan. For each phase of the site plan, road and utility construction plans shall include all improvements lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section and being required to serve that section.

(2)

No Construction Without Plan Approval. None of the improvements listed above shall be constructed until the road and utility construction plans for such improvements have been reviewed and approved by the applicable authority.

(3)

Inspections. Work performed pursuant to approved road and utility construction plans shall be inspected and approved by the appropriate authority.

(F)

Detention Ponds and Soil Erosion and Sedimentation Control Devices Installation. Any approved wet detention pond(s) and soil erosion and sedimentation control device(s) may be installed prior to approval of road and utility construction plans.

The issuance of a zoning, sign, special use, or conditional use permit authorizes the recipient to commence the activity resulting in a change in use of the land or, subject to obtaining a building permit, to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures. However, except as provided in Sections 4-8 and 4-9, the intended use may not be commenced and no building may be occupied until all of the requirements of this Ordinance and all additional requirements imposed pursuant to the issuance of a conditional use or special use permit have been complied with.

4-5.1.

Periodic Inspections. The Zoning Administrator shall have the right, upon presentation of proper credentials, or inspection warrant, if necessary, to enter on any premises within the planning jurisdiction of Nash County at any reasonable hour for the purposes of inspection, determination of plan compliance or other enforcement action.

4-5.2.

Investigations. The Zoning Administrator shall have the power to conduct such investigation as he may reasonably deem necessary to carry out his duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this Ordinance.

4-5.3.

Written Statements. The Board of Commissioners or its agent shall also have the power to require written statements, certificates and certifications or the filing of reports under oath, with respect to pertinent questions relating to complaints or alleged violations of this Ordinance.

(A)

Requests for a zoning or sign permit shall be submitted to the Zoning Administrator by filing an application form with the Zoning Administrator. Applications for a zoning or sign permit may be a separate form or may be combined with the County's building permit application form. In those instances in which the County is administering building inspection services within a municipality's zoning jurisdiction, the applicant shall provide a copy of a zoning permit from the applicable municipality prior to obtaining a building permit.

(B)

The Zoning Administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant, that:

(1)

The requested permit is not within his authority according to the Table of Permissible Uses; or

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this Ordinance.

(C)

The Zoning Administrator shall issue the sign permit unless he finds after reviewing the application and consulting with the applicant that:

(1)

The requested permit is not in compliance with the requirements of Section 11-1, Signs; or

(2)

The application is incomplete.

4-7.1.

Special Use Permit Review Process. An application for a special use permit shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator in the planning department 25 days prior to the Board of Adjustment meeting at which the request will be reviewed. The review process for a special use permit shall include:

(A)

Planning Department review and recommendation in accordance with Section 4-7.3;

(B)

Public hearing held by the Board of Adjustment; and

(C)

Board of Adjustment review and action.

4-7.2.

Conditional Use Review Process. An application for a conditional use permit shall be submitted to the Board of Commissioners by filing a copy of the application with the Zoning Administrator 25 days prior to the Planning Board meeting at which the request will be reviewed. The review process for a conditional use permit shall include:

(A)

Technical Review Committee and planning staff review and recommendation pursuant to Section 4-7.4 (A) and (B);

(B)

Planning Board review and recommendation;

(C)

If the Planning Board recommends the approval of the conditional use permit application, the Zoning Administrator shall consult with the Clerk to the Board to establish and schedule a public hearing before the Board of Commissioners on the application. The public notice required for the public hearing shall be in accordance with Section 4-7.5.

4-7.3.

Recommendations on Special Use Permit Applications.

(A)

When presented to the Board of Adjustment at the hearing, the application for a special use permit shall be accompanied by a report setting forth the planning department's proposed findings concerning the application's compliance with Section 4-3 and the other requirements of this Ordinance, as well as any staff recommendations for additional requirements to be imposed by the Board of Adjustment.

(B)

If the Planning Director proposes a finding or conclusion that the application fails to comply with Section 4-3 or any other requirement of this Ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(C)

The Board of Adjustment may, by general rule applicable to all cases or any class of cases, or on a case-by-case basis, refer applications to the Planning Board to obtain its recommendations.

4-7.4.

Recommendations on Conditional Use Permits.

(A)

Before being presented to the Board of Commissioners, an application for a conditional use permit shall be referred to the Technical Review Committee for a recommendation and to the Planning Board for a recommendation in accordance with this Section. The Board of Commissioners may not hold a public hearing on a conditional use permit application until the Planning Board has had an opportunity to consider the application pursuant to standard agenda procedures. The Board of Commissioners shall, however, upon the failure of the Planning Board to act on an application as outlined in subsection (C), proceed with holding a public hearing.

(B)

When presented to the Planning Board, the application shall be accompanied by a report setting forth the Technical Review Committee's proposed findings concerning the application's compliance with the requirements of this Ordinance, as well as any planning staff recommendations for additional requirements to be imposed by the Board of Commissioners. If the Technical Review Committee report proposes a finding or conclusion that the application fails to comply with any requirement of this Ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

(C)

The Planning Board shall consider the application and the attached Technical Review Committee report within 60 days from the initial date the application was received by the Planning Board. If the Planning Board fails to act on the application within the 60-day period, the Zoning Administrator shall forward the application to the Board of Commissioners. The Planning Board, at its discretion, may hear from the applicant or members of the public.

(D)

After reviewing the application, the Planning Board shall report to the Board of Commissioners whether it concurs in whole or in part with the Technical Review Committee's proposed findings and conditions, and to the extent there are differences, the Planning Board shall propose its own recommendations and the reasons therefor.

(E)

In response to the Planning Board's recommendations, the applicant may modify his application prior to submission to the Board of Commissioners, and the Technical Review Committee may likewise revise its recommendations.

4-7.5.

Public Hearing Requirements and Procedures.

(A)

No special use nor conditional use permit shall be approved until a public hearing has been held by the permit-issuing board.

(B)

The Clerk to the Board shall publish a notice of the public hearing in a newspaper having general circulation in the area. The notice shall be published not less than five days before the date affixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be. The notice required by this Section shall:

(1)

State the date, time, and place of the public hearing;

(2)

Summarize the nature and character of the permit request;

(3)

Reasonably identify the property affected by the permit request;

(4)

State that the full permit request application can be reviewed at the office of the Zoning Administrator; and

(5)

State that substantial changes in the permit request may be made following the public hearing.

(C)

The Zoning Administrator shall mail written notice of the public hearing to the owners of all properties involved in the permit request as well as the owners of all properties any portion of which is within 600 feet of the property involved in the permit request.

(D)

DELETED.

(E)

The Zoning Administrator shall make every reasonable effort to comply with the notice provisions set forth in this Section. However, it is the permit-issuing board's intention that no failure to comply with any of the notice provisions [except those set forth in subsection (B)] shall render any permit request invalid.

(F)

At the conclusion of the public hearing, the permit-issuing board may proceed to vote on the permit request, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. Section 4-7.6 delineates specific actions that the Board of Commissioners must take on requests for conditional use permits and Section 4-7.7, that the Board of Adjustment must take on requests for special use permits.

(G)

The permit-issuing board is not required to take final action on a permit request within any specific period of time, but it should proceed as expeditiously as practicable on permit requests since inordinate delays can result in the applicant incurring unnecessary costs.

(H)

Subject to subsection (I), the Board of Adjustment or the Board of Commissioners, respectively, shall approve the requested permit unless it concludes, based upon the information submitted at the hearing, that:

(1)

The requested permit is not within its jurisdiction according to the Table of Permissible Uses; or

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this Ordinance.

(I)

Even if the permit-issuing board finds that the application complies with all other provisions of this Ordinance, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

(1)

Will materially endanger the public health or safety; or

(2)

Will substantially injure the value of adjoining or abutting property; or

(3)

Will not be in harmony with the area in which it is to be located; or

(4)

Will not be in general conformity with the land development plan or other plans officially adopted by the Board of Commissioners.

(J)

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this Ordinance remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be turned down for any of the reasons set forth in Subsection (I) rests on the party or parties urging that the requested permit should be denied.

4-7.6.

Board of Commissioner Action on Conditional Use Permits.

(A)

Upon receipt of a favorable recommendation from the Planning Board, the Board of Commissioners shall review the application for a conditional use permit, the Planning Board's recommendation and the Technical Review Committee's recommendation and shall establish a date for a public hearing to be held on the application before the Board of Commissioners. Public notice of the public hearing shall be in accordance with the provisions of Section 4-7.5.

(B)

Following the public hearing, the Board of Commissioners may proceed to vote on the permit request, refer it to committee for further study, or take any other action consistent with its usual rules of procedure.

(C)

In considering whether to approve an application for a conditional use permit, the Board of Commissioners shall proceed according to the following format:

(1)

The Board of Commissioners shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the Board of Commissioners that the application is complete.

(2)

The Board of Commissioners shall consider whether the application complies with all of the applicable requirements of this Ordinance. If a motion to this effect passes, the Board of Commissioners need not make further findings concerning such requirements. If such a motion fails or is not made, then a motion shall be made that the application be found not in compliance with one or more of the requirements of this Ordinance. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application.

(3)

If the Board of Commissioners concludes that the application fails to comply with one or more requirements of this Ordinance, the application shall be denied. If the Board of Commissioners concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application. Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion.

4-7.7.

Board of Adjustment Action on Special Use. In considering whether to approve an application for a special use permit, the Board of Adjustment shall proceed in the same manner as the Board of Commissioners when considering conditional use permit applications (Section 4-7.6), except that the format of the Board of Adjustment's proceedings will differ as a result of the four-fifths voting requirement set forth in Section 3-2.5(A).

(A)

The Board shall consider whether the application is complete. If the Board concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by a simple majority vote of the Board, shall constitute the Board's finding on this issue. If a motion to this effect is not made and concurred in by a simple majority vote, this shall be taken as an affirmative finding by the Board that the application is complete.

(B)

The Board shall consider whether the application complies with all of the applicable requirements of this Ordinance. If a motion to this effect passes by the necessary four-fifths vote, the Board need not make further findings concerning such requirements.

If such a motion fails to receive the necessary four-fifths vote or is not made, then a motion shall be made that the application be found not in compliance with one or more requirements of this Ordinance. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application, and the vote of the number of members equal to more than one-fifth of the board membership (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the Board. As provided in Subsection 4-7.5(H), if the Board concludes that the application fails to meet one or more of the requirements of this Ordinance, the application shall be denied.

(C)

If the Board concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in Subsection 4-7.5(I). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote.

4-7.8.

Additional Requirements on Special Use and Conditional Use Permits.

(A)

Subject to subsection (B), in granting a special or conditional use permit, the Board of Adjustment or Board of Commissioners, respectively, may attach to the permit such reasonable requirements in addition to those specified in this Ordinance as will ensure that the development in its proposed location:

(1)

Will not endanger the public health or safety;

(2)

Will not injure the value of adjoining or abutting property;

(3)

Will be in harmony with the area in which it is located; and

(4)

Will be in conformity with the land development plan, thoroughfare plan, or other plan officially adopted by the Board of Commissioners.

(B)

The permit-issuing board may not attach additional conditions that modify or alter the specific requirements set forth in this Ordinance unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

(C)

Without limiting the foregoing, the permit-issuing board may attach to a permit a condition limiting the permit to a specified duration.

(D)

All additional conditions or requirements shall be entered on the permit.

(E)

All additional conditions or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Ordinance.

(F)

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in Subsections 4-7.5(H) or 4-7.5(I).

(A)

In cases when, because of weather conditions or other factors beyond the control of the zoning, special use, or conditional use permit recipient (exclusive of financial hardship), it would be unreasonable to require the permit recipient to comply with all of the requirements of this Ordinance before commencing the intended use of the property or occupying any buildings, the permit-issuing authority may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this Ordinance are concerned) if the permit recipient provides an adequately secured performance bond or other security satisfactory to the permit-issuing authority to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed twelve months). The proposed performance bond and security shall be reviewed and approved by the County attorney, however, prior to the permit-issuing authority authorizing the intended use or occupancy.

(B)

When the permit-issuing board imposes additional requirements upon the special use or conditional use permit recipient in accordance with Section 4-7.8 or when the developer proposes in the plans submitted to install amenities beyond those required by this Ordinance, the permit-issuing board may authorize the permittee to commence the intended use of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:

(1)

A performance bond and security satisfactory to the county attorney is furnished;

(2)

A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made;

(3)

The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Section 5-4 and Section 5-6.

(A)

If a development is constructed in phases or stages in accordance with this Section, then, subject to subsection (C), the provisions of Section 4-4 and Section 4-8 shall apply to each phase as if it were the entire development.

(B)

As a prerequisite to taking advantage of the provisions of subsection (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Ordinance that will be satisfied with respect to each phase or stage.

(C)

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied except in accordance with the schedule approved as part of the permit, provided that:

(1)

If the improvement is one required by this Ordinance, then the developer may utilize the provisions of Section 4-8(A); or

(2)

If the improvement is an amenity not required by this Ordinance or is provided in response to a condition imposed by the permit-issuing board, then the developer may utilize the provisions of Section 4-8(B).

(A)

Except as provided in subsection (F), zoning, special use, conditional use, and sign permits (including approved site or plot plans) shall expire automatically if, within six months after the issuance of such permits:

(1)

The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or

(2)

Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 4-9), this requirement shall apply only to the first phase.

(B)

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the zoning, special use, conditional use, or sign permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 4-11.

(C)

The permit-issuing authority may extend for a period up to six months the date when a zoning, special use, conditional use, or sign permit would otherwise expire pursuant to subsections (A) or (B) if it concludes that (i) the permit has not yet expired, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

(D)

For purposes of this Section, the permit within the jurisdiction of the Board of Adjustment or the Board of Commissioners is issued when such board votes to approve the application and issue the permit. A zoning or sign permit within the jurisdiction of the Zoning Administrator is issued when the earlier of the following takes place:

(1)

A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is delivered to the permit applicant; or

(2)

The Zoning Administrator notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded, if required under Section 4-11(B).

(E)

Notwithstanding any of the provisions of Article VI (Nonconforming Situations), this Section shall be applicable to permits issued prior to the date this Section becomes effective.

(F)

Conditional use permits with a vested right established in accordance with Section 4-15, Zoning Vested Rights, shall expire at the end of the two-year vesting period established pursuant to Section 4-15.

(A)

Zoning, special use, conditional use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

(1)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

(2)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued.

(B)

Whenever the recording of a special use or conditional use permit is required by the Board of Adjustment or Board of Commissioners as a condition of approval, nothing authorized by the permit may be done until the record owner of the property provides documentation that indicates that the permit has been recorded in the Nash County Registry and indexed under the record owner's name as grantor.

(A)

Insignificant deviations from the permit (including approved plans and preliminary plats) approved by the Board of Commissioners, the Board of Adjustment, or the Zoning Administrator are permissible and the Zoning Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(B)

Minor design modifications or changes in permits (including approved plans and preliminary plats) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this Section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(C)

All other requests for changes in approved plans and preliminary plats will be processed as a modification to the original application. If such requests are to be acted upon by the Board of Commissioners or Board of Adjustment, new conditions may be imposed only on the specific site or area requested to be modified in accordance with Section 4-7.8, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(D)

The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (A), (B), and (C).

(E)

A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator, which request shall identify the changes. Approval of all changes must be given in writing.

(F)

A vested right established in accordance with Section 4-15 shall not be extended by any amendments or modifications to an approved site specific development plan unless expressly provided for by the Board of Commissioners.

(A)

Whenever (i) the Board of Commissioners disapproves a conditional use permit application, (ii) the Board of Adjustment disapproves an application for a special use permit, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that:

(1)

Circumstances affecting the property that is the subject of the application have substantially changed; or

(2)

New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator within the time period for an appeal to superior court (see Section 5-7). However, such a request does not extend the 30-day period within which an appeal must be taken.

(B)

The Board of Commissioners or Board of Adjustment may, however, at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

The recipient of any zoning, special use, conditional use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements or facilities required by this Ordinance or any permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and that required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

Specific operation and maintenance agreements are required for developments located within watershed protection overlay districts that must provide stormwater control structures. (See Sections 12-1.12 through 12-1.15.)

(A)

A vested right shall be established upon the approval or conditional approval of a site specific development plan by the Board of Commissioners in accordance with the provisions outlined in this section. A right which has been vested as provided for in this section shall, as a general rule, remain valid for two years and shall attach to and run with the land.

(B)

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this subsection shall have the meaning indicated when used in this section.

(1)

Landowner. Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as his agent or representative for purposes of submitting a proposed site specific development plan.

(2)

Property. All real property subject to the regulations and restrictions of this Ordinance as well as the zoning district boundaries established by this Ordinance and depicted on the official zoning map.

(3)

Site specific development plan. A plan which has been submitted to Nash County by a landowner describing in detail the type and intensity of use for a specific parcel or parcels of property. Such plan shall be in the form of a site plan required to obtain a conditional use permit or in the form of a preliminary plat. The information required by Section 4-3, Section 10-3.3, and Appendix 1, as applicable, shall be included. All site specific development plans shall be approved by the Board of Commissioners.

(4)

Vested right. The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.

(C)

A vested right shall be deemed established upon the effective date of approval by the Board of Commissioners of a site specific development plan. Following the approval of a site specific development plan, the Zoning Administrator shall issue a vested right certificate to the landowner which indicates the duration of the vesting period, the conditions, if any, imposed on the approval of the site specific development plan, and any other information determined by the Zoning Administrator to be necessary to administer the vested right.

(D)

A vested right shall confer upon the landowner the right to undertake and complete the development and use of the property as delineated in the approved site specific development plan. The Board of Commissioners may approve a site specific development plan upon such terms and conditions as may be determined necessary to protect the public health, safety, and welfare. Failure to comply with the approved terms and conditions shall result in a forfeiture of vested rights.

(E)

Approval by the Board of Commissioners of a site specific development plan shall follow the procedural requirements for the issuance of a conditional use permit as outlined in Section 4-7. Changes in or modifications to an approved site specific development plan shall be made only with the concurrence of the Board of Commissioners in accordance with the provisions of Section 4-12.

(F)

A vested right obtained under this section runs with the land and is valid for two years from the effective date of approval by the Board of Commissioners of a site specific development plan. A vested right shall not be extended by any amendments or modifications to an approved site specific development plan unless expressly provided for by the Board of Commissioners. A vested right shall expire at the end of two years if no building permit applications have been filed with the County to construct the use or uses proposed in the approved site specific development plan. If building permits are issued, the provisions of NCGS 153A-358 and NCGS 153A-362 shall apply, except that a building permit shall not expire or be revoked because of the lack of progress during the two-year vesting period.

(G)

A vested right, once established or provided for in this section, precludes any zoning action by the County which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in the approved site specific development plan, except:

(1)

With the written consent of the affected landowner;

(2)

Upon findings, by ordinance after notice and a public hearing, that natural or manmade hazards in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

(3)

To the extent that the affected landowner receives compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the County, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(4)

Upon findings, by ordinance after notice and a public hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the County of the site specific development plan; or

(5)

Upon the enactment or promulgation of a state or federal law or regulation which precludes development as contemplated in the site specific development plan, in which case the County may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a public hearing.

(H)

The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the County, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.

(I)

Notwithstanding any provisions of this section, the establishment of a vested right shall not preclude, change, or impair the authority of the County to enforce provisions of this Ordinance governing nonconforming situations or uses.

(J)

A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such vested rights.

(K)

The County shall not require a landowner to waive his vested rights as a condition of developmental approval.

(A)

No building shall be occupied, no land shall be used, and the use of any land shall not be changed until a certificate of zoning compliance has been issued by the Zoning Administrator.

(B)

The certificate of zoning compliance shall state that the building and/or proposed use of land complies with the provisions of this Ordinance.

(C)

The certificate of zoning compliance shall be presented by the applicant to the Nash County Building Inspector prior to the county s issuance of a Certificate of Occupancy.