(a)   Vested rights are the rights of the applicant to undertake and complete the development and use of property under the terms and conditions of an approval secured as specified in G.S. § 160D-108. Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to the following:

   (1)   Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with G.S. § 143-755.

   (2)   Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with G.S. § 143-755.

   (3)   A site-specific vesting plan pursuant to G.S. § 160D-108.1, which consists of a plan submitted to the Town in which the applicant requests vesting, such as subdivision plat, site plan, conditional zoning master plan, or special use permit, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property:

   a.   A vested right for a site-specific vesting plan remains vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the Town.

   b.   Notwithstanding the provisions of subsection (a), the Town may provide for rights to be vested for a period exceeding two years but not exceeding five years where warranted in light of all 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. These determinations are in the sound discretion of the Town of Canton and shall be made following the process specified for the particular form of a site-specific vesting plan involved in accordance with G.S. 160D-108.1.

   (4)   A multi-phased development is a development containing over twenty-five (25) acres that is both submitted for a development approval to occur in more than one phase and subject to a master development plan with committed elements showing the type and intensity of each phase.

   a.   A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development.

   b.   A right which has been vested as provided for herein remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.

   (5)   A vested right established by the terms of a development agreement authorized by Article 10 of G.S. Ch. 160D.

   (b)   Duration of vesting. Upon issuance of a development permit, the statutory for a development project is effective upon filing of the application in accordance with G.S. § 143-755, for so long as the permit remains valid pursuant to law. Unless otherwise specified by this section or other statute, local development permits expire one year after issuance unless work authorized by the permit has substantially commenced.

   (c)   Process to claim vested right. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Administrator or other officer designated by this chapter, who shall make an initial determination as to the existence of the vested right. The decision of the Administrator may be appealed under G.S. § 160D-405.

   (d)   The vested rights granted by this section run with the land except for the use of land for outdoor advertising governed by G.S. § 136-136.1 and G.S. § 136-131.2 in which case the rights granted by this section run with the owner of the permit issued by the North Carolina Department of Transportation.

   (e)   Exceptions to vested rights are in accordance with those outlined in G.S. § 160D-108.1(f).

(Ord. of 6/24/21)

   If an applicant submits an application for any type of development and a rule or ordinance is amended, including an amendment to any applicable land development regulation, between the time the development application was submitted and a decision is made, the development applicant may choose which adopted version of the rule or ordinance will apply to the development and use of the building, structure, or land indicated on the application.

   (a)   lf the applicant chooses the version of the rule or ordinance applicable at the time of the application, the applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.

   (b)   If an applicable rule or ordinance is amended after the development permit is wrongfully denied, or after an illegal condition is imposed as determined in a proceeding challenging the permit denial or the condition imposed, the development permit applicant may choose which adopted version of the rule or ordinance will apply to the permit and use of the building, structure, or land

indicated on the permit application. Provided, however, any provision of the development permit applicant's chosen version of the rule or ordinance that is determined to be illegal for any reason shall not be enforced upon the applicant without the written consent of the applicant.

(Ord. of 6/24/21)

   (a)    Whenever the regulations of this chapter require a greater width or size of yards, courts, or other open space; or require a lower height of buildings or lesser number of stories; or require a greater percentage of lot to be left unoccupied: or impose other more restrictive standards than are required in or under any other statutes or agreements, the regulations and requirements of this chapter shall govern.

   (b)   Whenever the provisions of any other statute or agreement require more restrictive standards than are required by this chapter, the provisions of the statute or agreement shall govern.

(Amended by Ord. of 6/24/21)

   This chapter in part carries forward by reenactment some of the provisions of the Zoning Ordinance of the Town of Canton (adopted by the Board of Aldermen on July 12, 1966, as amended), and it is not the intention to repeal but rather to reenact and continue in force the existing provisions so that all rights and liabilities that have accrued hereunder are preserved and may be enforced. All provisions of the Zoning Ordinance of the Town of Canton enacted in 1966, as amended, which are not reenacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any zoning ordinance heretofore in effect, which are not pending in any of the courts of this State or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter, but shall be prosecuted to their finality the same as if this chapter had not been adopted. Any and all violations of the existing zoning ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this chapter shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted.

(Ord. of 6/24/21)

   Should any section or provisions of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord of 6/24/21)

   Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceed $30 or by imprisonment not to exceed 30 days. Each day the violation continues shall be deemed a separate offense.

(Ord. of 6/24/21)

   This chapter shall take effect and be in force from and after its adoption by the Board of Aldermen of the Town of Canton, North Carolina.

(Ord. of 6/24/21)