Amendments, modifications, supplements, repeal or other changes in zoning regulations and restrictions and zone boundaries shall not be applicable or enforceable without the consent of the owner with regard to buildings and uses for which building permits have been issued and remain unexpired and unrevoked, or a vested right has been established based on a site specific development plan and remains valid and unexpired pursuant to G.S. § 160D-108 and this section.

(1989 Code, Title V, Ch. 51, Art. XVI, § 1600) (Ord. 2021-03, passed 6-8-2021)

   (A)   Site specific development plan. A plan of land development submitted to the town with a statement that a vested right is being sought for purposes of obtaining a Special Use Permit pursuant to § 154.116 or a Conditional District Zoning pursuant to § 154.182. Notwithstanding the foregoing, neither a variance, a sketch plan, nor any other document that fails to describe with reasonable certainty the type and intensity of use for a parcel or parcels of property in accordance with § 154.116 shall constitute a site specific development plan.

   (B)   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.

(1989 Code, Title V, Ch. 51, Art. XVI, § 1601) (Ord. 2021-03, passed 6-8-2021)

   (A)   A vested right shall be deemed established upon the issuance of a Conditional Use Permit by the Board of Adjustment or the approval of a Conditional District by the Town Council for a site specific development plan, following notice and public hearing.

   (B)   The Board of Adjustment may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

   (C)   A site specific development plan shall be deemed approved upon the effective date of the Board of Adjustment's action.

   (D)   Vested right 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 right while applicable.

(1989 Code, Title V, Ch. 51, Art. XVI, § 1602) (Ord. 2021-03, passed 6-8-2021)

   (A)   An application for site specific development plan approval shall be processed in accordance with the procedures set forth in § 154.116, and shall be considered by the Board of Adjustment for a Special Use Permit for which application is made.

   (B)   In order for a vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form provided by the town, that a vested right is being sought.

   (C)   Each map, plat, site plan, or other document evidencing a site specific development plan shall contain the following notation: "Approval of this plan establishes a vested right under G.S. § 160A-385.1. Unless terminated at an earlier date, the vested right shall be valid until (date)."

   (D)   Following approval or conditional approval of a site specific development plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are not inconsistent with the original approval.

   (E)   Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the Special Use Permit or the Zoning Ordinance.

(1989 Code, Title V, Ch. 51, Art. XVI, § 1603) (Ord. 2021-03, passed 6-8-2021)

   (A)   A zoning right that has been vested as provided in this section shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site specific development plan.

   (B)   A building permit shall not expire or be revoked because of the running of time while a vested right is outstanding.

(1989 Code, Title V, Ch. 51, Art. XVI, § 1604) (Ord. 2021-03, passed 6-8-2021)

   A zoning right that has been vested as provided in this section shall terminate:

   (A)   At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit application has been filed;

   (B)   With the written consent of the affected landowner;

   (C)   Upon findings by the Town Council, by ordinance after notice and a public hearing, that natural or man-made hazards on or 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;

   (D)   Upon payment to the affected landowner of 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 consultants' fees incurred after approval by the Town, 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;

   (E)   Upon findings by the Town Council, by ordinance after notice and public hearing, that the landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Board of Adjustment of the site specific development plan; or

   (F)   Upon enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the Town Council 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 hearing.

(1989 Code, Title V, Ch. 51, Art. XVI, § 1605) (Ord. 2021-03, passed 6-8-2021)