(A)

The Zoning Administrator. The Zoning Administrator shall have the following powers and duties to be carried out in accordance with these regulations, which include but are not limited to:

(1)

To serve as staff to the Town Board and the Board of Adjustment with regard to their functions under these regulations, and to inform such bodies of all facts and information at their disposal with respect to applications for amendments to the text of these regulations, amendments to the zoning maps, appeals, variances, permit requests, and any other matters brought before them under this article.

(2)

To maintain the text of these regulations and the zoning maps.

(3)

To maintain development review files and other public records related to the administration and enforcement of these regulations.

(4)

To review applications for zoning permits filed under these regulations.

(5)

To recommend and comment on proposed amendments to these regulations and to the zoning maps.

(6)

To establish such rules of procedure and permit application forms as are necessary and proper for the administration of their responsibilities under these regulations.

(7)

To administer the water supply watershed protection regulations contained herein, including the following additional duties:

(a)

To serve as staff to the Board of Adjustment when it is serving in its capacity as the Watershed Review Board.

(b)

To submit copies of all amendments upon adoption to the Supervisor of the Classification and Standards Group, Water Quality Section, NC Division of Water Quality.

(c)

To keep records of variances granted to the watershed regulations. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality section, NC Division of Water Quality on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

(d)

To monitor land use activities in the watershed to identify situations that may threaten water quality. The Zoning Administrator shall report these situations to the agency with direct regulatory responsibility for these activities.

(B)

Zoning Enforcement Officer. The Zoning Enforcement Officer is charged with enforcing the provisions of the zoning regulations as set out herein except for enforcement duties specifically assigned to the Zoning Administrator. If the Zoning Enforcement Officer shall find that any of the provisions of this article are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering that necessary actions be taken to correct the deficiency. He shall order discontinuances of illegal uses of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done; and shall take any other action authorized by this article to insure its compliance.

(C)

Conflicts of Interest. Neither the Town staff, nor vendors working on behalf of the Town shall make a final decision on an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the Town.

(A)

The Town Board. The Town Board shall have the following duties related to this article and must follow the Governing Board Statement requirements related to plan consistency and reasonableness statement as outlined in G.S. 160D-605.

Following recommendations by the Planning Board for amendments to this Ordinance, the following duties will be carried out by the Town Board

(1)

To review and from time to time initiate changes to the Town's land use plan and land use regulations.

(2)

To review and from time to time initiate changes to this Ordinance.

(3)

To decide upon any application or request for an amendment to this Ordinance or the zoning map.

(4)

To take any other action not delegated to the Zoning Administrator or Zoning Enforcement Officer as the Board may deem desirable and necessary to implement the provisions of this Ordinance.

(B)

The Planning Board. The Planning Board shall have duties related to this Ordinance and guided by G.S. 160D-604 that include, but may not be limited to, the following:

(1)

To review and from time to time initiate changes to this Ordinance.

(2)

To review and make written recommendations on applications for changes to this Ordinance or the Zoning Map.

(3)

To review and make recommendations on any permit application to be heard by the Town Board.

(4)

Review plan consistency for any plans related to land development. The Planning Board should make a plan consistency statement relating to the plan consistency (or inconsistency) with the proposed amendment as guided by G.S. 160D-604(d).

(C)

The Board of Adjustment. (See Article 5 for Board of Adjustment)

(D)

Conflicts of Interest. The Town Board, Planning Board, Board of Adjustment and any advisory boards established by the Town shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A board member shall not vote on any zoning amendment or development approval if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. A "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. A conflict of interest policy shall be adopted by the board for its members.

(E)

Oath. Members of each board are required before entering their duties to take an oath of office administered by a person authorized to administer the oath, which shall be filed with the Town Clerk.

(A)

Zoning Permit Required. A valid Zoning Permit shall be presented with any application for a Building Permit. No Building Permit shall be issued for any activity in a zoned area until such Zoning Permit is presented.

It shall be unlawful to commence the excavation for, or the construction of, any building or other structure including accessory structures; or to commence the moving, alteration or repair of any structures; or the use of any land or building, including accessory structures, until the Zoning Administrator has issued a Zoning Permit for such work or use including a statement that the Plans, specifications and intended use of such land, or structures, in all respects conforms with the provisions of this Ordinance. Application for a Zoning Permit shall be made in writing to the Zoning Administrator on forms provided for that purpose. Zoning Permits shall be void after six (6) months from the date of issue unless substantial progress on the project has been made by that time.

(B)

Approval of Plans. It shall be unlawful for the Zoning Administrator to approve any site plans or issue a Zoning Permit for any purpose regulated by this Ordinance until he has inspected such site plans in detail and found them in conformity with this Ordinance. To this end, the Zoning Administrator shall require that every application for a Zoning Permit be accompanied by a site plan or plat drawn to scale and showing the following in sufficient detail to enable him to ascertain whether the proposed activity is in conformance with this Ordinance. Site plans or detailed development plans approved by the Planning Board or Town Board may suffice for the requirements of this part.

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot.

(3)

The existing and intended use of all such buildings or other structures.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Ordinance are being observed.

(5)

Information required by the provisions of an Overlay Zoning District, Special Zoning District, or other development guidelines dictated within this Ordinance.

(C)

Issuance of Zoning Permits. If the proposed activity, as set forth in the application, is in conformity with the provisions of this Ordinance, the Zoning Administrator or their assigns, shall issue a Zoning Permit. If any application for a Zoning Permit is not approved, the Zoning Administrator shall state in writing, on the application the cause for such disapproval. Issuance of a permit shall, in no case, be construed as waiving any provision of this or any other ordinance or regulation.

(A)

Permit Required. No zoning or building permit shall be issued until the Board of Adjustment has approved a special use permit for the requested use.

(B)

Applicants. A request for a special use permit will be considered only if requested by the owner of the property in question or an authorized agent of the property owner.

(C)

Application. Applications for all special use permits or amendments to any approved special use permit must be filed with the Zoning Administrator. Applications which are not complete shall be returned to the applicant, with a notation of the deficiencies in the application. The Zoning Administrator has the authority to waive any application requirements where the type of use or scale of proposal makes that information unnecessary or impractical.

A complete application will include all of the following:

(1)

A completed application form signed by all of the property owners of the area proposed for the permit, or a completed application form signed by the developer along with an affidavit signed by all property owners giving the applicant the permission to pursue the permit and to bind the property to the proposal and to conditions which the Board might impose.

(2)

A complete explanation of the proposed use(s) of the property.

(3)

Documentation containing facts which will be used to support the petition, including but not limited to deed restrictions, letter of sufficiency regarding public water and sewer, proposed homeowners association documents, and appropriate county and state approvals.

(4)

All appropriate fees.

(5)

A complete listing of all owners of adjacent property, their addresses, and tax identification numbers.

(6)

A synopsis or overview of the project, including information relevant to use, density, lot layout, housing type, planned amenities, and the like.

(7)

Any other information deemed by the Zoning Administrator to be necessary for sufficient review of the application.

(D)

Staff Review.

(1)

Applications. The Zoning Administrator prior to Board of Adjustment review shall review all applications for special use permit. The Zoning Administrator shall determine the number of copies to be submitted by the applicant to insure that there are sufficient copies to send to the Board and all other appropriate agencies for review and comment. The applicant shall submit a completed application no later than 15 working days prior to the Board meeting at which the application is to be heard. If the application is found to be incomplete or the development is found to be in conflict with the requirements of this section, the developer shall be notified and the application rejected.

(2)

Cooperation. The developer is strongly encouraged to work closely with staff and neighboring property owners before and during the application and review process to minimize delays and address concerns which may arise in the review process.

(E)

Board of Adjustment Action.

(1)

Review. The Board of Adjustment shall review the application to determine compliance with this article and all applicable regulations within the Town's planning jurisdiction and follow all procedures of a quasi-judicial decision pursuant to G.S. 160D-406 during a public hearing.

(2)

Required general findings. No special use permit shall be approved by the Board of Adjustment unless the following general findings of fact are made concerning the proposed special use:

(a)

The use will not materially endanger the public health or safety if located, designed, and proposed to be operated according to the plan submitted.

(b)

The use complies with all regulations and standards of this article.

(c)

The use will not substantially injure the value of adjoining property, or the use is a public necessity.

(d)

The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located.

(e)

Public water and sewer service are available in adequate capacity, if needed.

(f)

That the proposed use will not be in conflict with the objectives of the most detailed plan adopted for the area in which it is located.

(F)

Withdrawal or Amendment of a Special Use Permit Application. An application for a special use permit may be withdrawn or amended as follows:

(1)

A petitioner may withdraw the petition filed according to this article at any time up to the scheduling of the date of the public hearing on the petition.

(2)

If the petitioner wishes to withdraw the petition after the scheduling of the public hearing, the petitioner may file a request to withdraw with the Zoning Administrator. On the date scheduled for the hearing, the Board of Adjustment may approve the request for withdrawal if it finds that there are substantial circumstances favoring the withdrawal and that the withdrawal will not be detrimental to the interests of citizens affected by the petition.

(3)

Once the petition has been filed, the petitioner shall not be allowed to amend it except by request to the Zoning Administrator no later than three (3) weeks prior to the scheduled public hearing date. No changes to the petition shall be accepted in the intervening weeks prior to the public hearing. No changes to the petition shall be made at the hearing, except that changes proposed by the petitioner, Board of Adjustment, and other interested parties may be presented at the hearing and considered by the Board of Adjustment during their deliberations.

(4)

If the Board of Adjustment deems any amendment to be a substantial change to the petition, it shall defer action on the petition for 30 days to allow interested parties the opportunity to comment on the amendment to the petition.

(5)

If the Board of Adjustment deems any amendment to be an intensification of the petition, it shall call for a new public hearing.

(G)

Hearing.

(1)

A special use permit hearing will be conducted as a quasi-judicial hearing before the Board of Adjustment.

(2)

The applicant has the burden of producing competent, material, and substantial evidence establishing that:

(a)

The proposed special use will comply with all of the lot, size, yard, and other standards of this article, except as may be amended through an approved variance.

(b)

The proposed special use will comply with all general and specific standards required by the appropriate section of this article for the issuance of a special use permit for this use.

(H)

Decision. In considering an application for a special use permit, the Board of Adjustment may attach reasonable and appropriate conditions and safeguards to the location, nature, and extent of the proposed use and its relationship to surrounding property, for the purpose of insuring that the conditions of permit approval will be complied with and any potentially injurious effect of the special use on adjoining properties, the character of the neighborhood, or the health, safety, and general welfare of the community will be minimized. Such conditions may relate to parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, intensity of site development, the timing of development, and other matters the Board of Adjustment may find appropriate or the applicant may propose. The applicant will have a reasonable opportunity to consider and respond to any additional conditions or requirements prior to final action by the Board of Adjustment.

(I)

Effect of Approval. An approved application for a special use permit and all conditions which may be attached to the approval are binding on the property. All subsequent development and use of the property shall be in conformance with the special use permit and all plans, specifications, and conditions, unless such are amended or the permit terminated by the Board of Adjustment. The Town must obtain the landowner's written consent to conditions related to the special use permit to ensure enforceability.

(J)

Effect of Denial.

(1)

If the Board of Adjustment denies an application for a special use permit, a reapplication for that special use on that property shall not be made within one year of the date of denial.

(2)

The Board of Adjustment may allow re-submission of the application within the one-year restricted period, however, if it determines that since the date of action on the prior application one of the following criteria has been met:

(a)

The Town Board has adopted a new or amended plan for the area that changes public policy regarding how the subject property and/or the general area affected by the special use permit should be developed; or

(b)

Construction or expansion of a road, water line, sewer line, or other infrastructure has occurred or is to occur in such a time frame as to serve the property and comfortably accommodate the type and intensity of development which would be allowed under the proposed special use permit; or

(c)

There has been a substantial change in conditions or circumstances, outside the control of the applicant, which justifies waiver of the one-year restriction on resubmission of a special use permit application for the property; this shall not include a change in the ownership of the subject property nor a change in the scale or features of the development proposed in the prior application.

(K)

Amendment to an Approved Special Use Permit.

(1)

Any major change to a development approved by special use permit shall require an amendment to the special use permit by the Board of Adjustment. Any proposed change in use, increase in density or intensity, decrease in open space and common recreational facilities, substantial change in the location of uses or streets from what is shown on the approved plans, any change in a condition imposed on the use by the Board of Adjustment, or any other change the Zoning Administrator determines is significant shall be deemed a major change requiring an amendment to the special use permit. Factors to be considered by the Zoning Administrator in determining if a change is substantial include, but are not limited to, the extent of the change, the expected impact on adjacent properties, and the impact on offsite streets and other public infrastructure. Otherwise, the Zoning Administrator may approve minor changes to a permit.

(2)

The owner of property which is subject to an approved special use permit may petition for an amendment of the special use permit and accompanying conditions by following the procedures applicable to initiation of new special use permits.

(3)

Evidence presented at the hearing on the proposed amendment will be limited to the effect of the proposal on the original special use permit, any plans or conditions which were a part of the original special use permit, and the present standards and requirements in this Unified Development Ordinance.

(L)

Recognition of Previously Approved Special Use Permits. Special use permits which have been previously granted by the Board of Adjustment of the Town of Dobson will be recognized for building permit and other administrative purposes during the period of time the project was vested by the ordinance under which it was approved. After the vesting period, if construction of the development has not begun or there is no valid building permit in effect for the property, the special use permit will be considered null and void.

(A)

When practical difficulties or unnecessary hardships would result from carrying out the strict letter of this article, the Board of Adjustment shall have the power to vary or modify any of the regulations or provisions of this article relating to the use, construction or alteration of buildings or structures or the use of the land, except those specifically related to water supply watershed requirements, so the spirit of the article shall be observed, public safety and welfare secured, and substantial justice done.

(B)

Anyone requesting a variance shall file such with the Zoning Administrator on a form provided by the Zoning Administrator. Applications shall be filed at least 30 days prior to the Board of Adjustment meeting at which it will be heard. After filing, the request shall be heard at the next available Board of Adjustment meeting.

(C)

The Board of Adjustment, in considering an application for a variance, shall give due consideration to the following:

(1)

No nonconforming use of land or structures in the same district, and no permitted use of land or structures in other districts shall be considered grounds for the granting of a variance.

(2)

The request for a variance for a use that is expressly, or by inference, prohibited in the district involved shall not be granted.

(3)

The fact that property may be utilized more profitably will not be considered in granting a variance

(D)

The Board of Adjustment, before granting a variance, shall make all of the following findings:

(1)

There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the article. This shall be construed to mean:

(a)

If the property owner complies with the provisions of this article, he can secure no reasonable return from, nor make reasonable use of, his property;

(b)

The hardship results from the application of the requirements of this article;

(c)

The hardship is suffered by the applicant's property;

(d)

The hardship is not the result of the applicant's own actions;

(e)

The hardship is peculiar to the applicant's property.

(2)

That the variance is in harmony with the general purpose and intent of the article and preserves its spirit.

(3)

That in granting of the variance, the public safety and welfare have been assured and substantial justice has been done.

(4)

That the reasons set forth in the application justify the granting of a variance, and that the variance is the minimum one that will make possible the reasonable use of land or structures.

(E)

The Board of Adjustment, in granting a variance, may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which a variance is granted, shall be deemed a violation of this article.

A Certificate of Occupancy issued by the Zoning Administrator is required in advance of the following:

(1)

Occupancy or use of a building hereafter erected, altered, or moved.

(2)

A change of use of any building or land.

In addition, a Certificate of Occupancy shall be required for each nonconforming use created by the passage and subsequent amendments to this Ordinance. The owner of such nonconforming use shall obtain a Certificate of Occupancy within 30 days of the date of said passage or amendments.

A Certificate of Occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a zoning permit and shall be issued within ten days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Ordinance. A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the Certificate of Occupancy is denied, the Zoning Administrator shall state in writing the reasons for refusal, and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

The Zoning Administrator shall be authorized to issue other permits as required by this Ordinance or the Town Board.

(A)

Public Hearings. Any case involving an appeal or variance requires a public hearing to be held by the Board of Adjustment and any case involving a change of zoning district classification, or other ordinance changes requires a public hearing to be held by the Town Board with a written recommendation and meeting of the Planning Board..

Each Board shall fix a date for hearing the appeal or request, to be held within 30 days of the date a complete application was submitted, and give public notice as required by law, as well as due notice to the parties in interest. At the hearing any person or party may appear in person or by agent or attorney. Each Board shall take action on a matter within a reasonable time after the termination of the proceedings.

(B)

Revocation of Development Approval (Variance, Rezoning or other permit). After a public hearing has been held and approval granted for a development approval the granting Board may reverse any decision by following the same procedures for approval.

(1)

Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any approval or applicable local or State law delegated or for false statements or misrepresentations made in securing the approval.

(2)

Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked.

(C)

Appeals. Appeals may be made to the Board of Adjustment by any person, firm, or corporation aggrieved, or by an officer, department, or Board of the Town affected by any decision of an administrative official, charged with the enforcement or interpretation of this Ordinance, thought to be in error and pursuant to G.S. 160D-405. Such appeals shall be filed with the Board of Adjustment by notice specifying the grounds for appeal. Appeals shall be filed within 30 days from the action being appealed. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken together with any additional written reports or documents as he deems pertinent. In addition, the officer who made the decision (or his or her successor) shall appear as a witness in the appeal. The Board of Adjustment may, after a public hearing, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

In the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) of administrative decisions by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

Further appeals from the Board of Adjustment or from any action of the Town Board shall be taken directly to the courts as provided by law and shall be appeal pursuant to G.S. 160D-405.

(D)

Inspections. If staff needs to inspect the premises for development approvals or permits provided to ensure work is being done in accordance with applicable State and local laws, they must enter the premises during reasonable hours and present credentials. Staff must have consent by the owner or an administrative search warrant to inspect areas not open to the public.

(E)

Fees. Each applicant for an appeal from an administrative decision or decision of the Planning Board, for a variance or with a request for rezoning or other change in this Ordinance, shall pay a fee, according to the fee schedule available at Town Hall, to the Town of Dobson to cover the costs of advertising and administration. A receipt for this fee shall be issued by the Town. However, this fee shall not apply to requests originating with any Town department, board, or agency.

(F)

Town May Appeal. In all cases, the Town Board reserves the right to appeal any decision of the Zoning Administrator to the Board of Adjustment and any decision of the Board of Adjustment to the courts.

(G)

Minutes of Meetings and Hearings. In all cases and meetings, minutes of the proceedings of each board will be compiled by staff or board members in accordance with G.S. 160D-308.

(H)

Development or Permit Approval Duration. Any development approvals whether variance, rezoning, zoning permit or other permit runs with the land in accordance with G.S. 160D-104.

(A)

Purpose. The purpose of this Section is to implement the provisions of N. C. Gen. Stat. Section 160D-108 and 108.1, pursuant to which a statutory zoning vested development and use right is established upon the approval of a site-specific development plan.

(B)

Definitions. As used in this Section, the following terms shall have the meaning indicated:

Approval authority—The Town Council, Board of Adjustment, or other board or official designated by ordinance or this section as being authorized to grant the specific zoning or land use permit or approval that constitutes a site-specific development plan.

Site specific development plan—A plan of land development submitted to the Town of Dobson for purposes of obtaining one of the following zoning or land use permits or approvals:

(1)

A planned residential development plan;

(2)

A subdivision plat;

(3)

A special use permit;

(4)

A conditional zoning district;

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 specified parcel or parcels of property, shall constitute a site-specific development plan. For purposes of this Section, "with reasonable certainty" shall mean a document that contains at a minimum the specifications set forth in the Site Plan Requirements in Article IV, Section 1(e) et seq. of this Unified Development Ordinance.

Zoning Vested Right—A right pursuant to N. C. Gen Stat. 160D-108 to undertake and complete the development and use of property under the terms and conditions of an approved specific development plan.

(C)

Establishment of a Zoning Vested Right.

(1)

A zoning vested right shall be deemed established upon the valid approval by the Town Council or Board of Adjustment, as applicable, of a site-specific development plan, following notice and public hearing.

(2)

The approving authority 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.

(3)

Notwithstanding Sections c.(1) and (2), approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(4)

A site-specific development plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.

(5)

The establishment of a zoning vested right 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 regulations by the Town of Dobson, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific development plan upon the expiration or termination of the vested right in accordance with this article.

(6)

A zoning 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 approval of a site-specific development plan, all successors in interest to the original landowner shall be entitled to exercise such right while applicable.

(D)

Approval Procedure and Approval Authority.

(1)

Except as otherwise provided in this Section, an application for site specific development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.

(2)

Notwithstanding the provisions of subsection (D) (1), if the authority to issue a particular zoning or land use permit or approval has been delegated by ordinance to a board, committee, or administrative official other than the Town Council, Board of Adjustment, or other planning agency designated to perform any or all of the duties of the Board of Adjustment, in order to obtain a zoning vested right under this Section, the applicant must request in writing at the time of the application that the application be considered and acted on by the Town Council or Board of Adjustment following notice and a public hearing as provided in G.S. 160D-601.

(3)

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

(4)

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 zoning vested right under N. C. Gen Stat. Section 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)."

(5)

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 that such reviews and approvals are not inconsistent with the original approval.

(E)

Types and Duration of Statutory Vested Rights. Amendments to the Dobson development regulations shall not be applicable or enforceable with regard to development that has been permitted or approved pursuant to N.C.G.S. 160D-108 as long as one of the types of approvals listed in this subsection remains valid and unexpired. Each type of vested right listed in this subsection is defined by and is subject to the limitations provided in this section. Vested rights established under this section are not mutually exclusive. The establishment of a vested right under this section does not preclude the establishment of one or more other vested rights or vesting by common law principles. Vested rights established by Dobson approvals are as follows:

(1)

Six months—Building permits. Pursuant to G.S. 160D-1109, a building permit expires six months after issuance unless work under the permit has commenced. Building permits also expire if work is discontinued for a period of 12 months after work has commenced.

(2)

One year—Other local development approvals. Pursuant to G.S. 160D-403(c), unless otherwise specified by statute or local ordinance, all other local development approvals expire one year after issuance unless work has substantially commenced. Expiration of a local development approval shall not affect the duration of a vested right established under this section or vested rights established under common law.

(3)

Two years—Site-specific vesting plans.

a.

Duration. A vested right for a site-specific vesting plan shall remain 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 ordinance.

b.

Relation to building permits. A right vested as provided in this subsection shall terminate at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed. Upon issuance of a building permit, the provisions of G.S. 160D-1109 and G.S. 160D-1113 shall apply, except that the permit shall not expire or be revoked because of the running of time while a vested right under this subsection exists.

(4)

Seven years—Multiphase developments. A multiphase development shall be vested for the entire development with the zoning regulations, subdivision regulations, and unified development ordinances in place at the time a site plan approval is granted for the initial phase of the multiphase development. This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multiphase development. For purposes of this subsection, "multiphase development" means a development containing 100 acres or more that (i) is submitted for site plan approval for construction to occur in more than one phase and (ii) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval.

(5)

Indefinite—Development agreements. A vested right of reasonable duration may be specified in a development agreement approved under N.C.G.S. 160D-1001.

a.

Continuing Review. Following approval or conditional approval of a statutory vested right, a local government may make subsequent reviews and require subsequent approvals by the local government to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval. The local government may revoke the original approval for failure to comply with applicable terms and conditions of the original approval or the applicable local development regulations.

b.

Exceptions. The provisions of this section are subject to the following:

(6)

A vested right, once established precludes any zoning action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except when any of the following conditions are present:

a.

The written consent of the affected landowner.

b.

Findings made, after notice and an evidentiary 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 approved vested right.

c.

The extent to which 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 consulting fees incurred after approval by the local government, together with interest as is provided in G.S. 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action.

d.

Findings made, by ordinance after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the local government of the vested right.

e.

The enactment or promulgation of a State or federal law or regulation that precludes development as contemplated in the approved site-specific vesting plan or phased development plan, in which case the local government 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 an evidentiary hearing.

(7)

The establishment of a vested right shall not preclude the application of overlay zoning or other development regulation 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 development regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new regulations shall become effective with respect to property that is subject to a vested right established under this section upon the expiration or termination of the vested rights period provided for in this section.

(8)

Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change, or impair the authority of a local government to adopt and enforce development regulation provisions governing nonconforming situations or uses.

(F)

Termination of a Vested Right. A zoning right that has been vested as provided in this article shall terminate with:

(1)

The written consent of the affected landowner.

(2)

Findings made, after notice and an evidentiary 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 approved vested right.

(3)

The extent to which 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 consulting fees incurred after approval by the local government, together with interest as is provided in G.S. 160D-106. Compensation shall not include any diminution in the value of the property that is caused by such action.

(4)

Findings made, after notice and an evidentiary hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval by the local government of the vested right.

(5)

The enactment or promulgation of a State or federal law or regulation that precludes development as contemplated in the approved vested right, in which case the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the plan, after notice and an evidentiary hearing.

(G)

In General. Any amendments, modifications, supplements, repeal or other changes in these regulations or the zoning maps shall not be applicable or enforceable without the consent of the owner with regard to buildings and uses:

(1)

For which a building permit has been issued prior to the effective date of the ordinance making the change so long as the permit remains valid and unexpired pursuant to G.S. 160D-403(c) and the building permit has not been revoked pursuant to G.S. 160D-403(f); or

(2)

For which a certificate of zoning compliance has been issued prior to the effective date of the ordinance making the change so long as the certificate of zoning compliance remains valid and unexpired pursuant to this section; or

(3)

For which a vested right has been established and remains valid and unexpired pursuant to this section.

(H)

Declaration of a Vested Right Upon Voluntary Annexation. A petition for annexation filed with the Town under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established. A statement that declares that no zoning vested right has been established under G.S. 160D-108, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right which may have existed shall be terminated.