1500. Site-Specific Vesting Plans

(a)

An approved site-specific vesting plan precludes any zoning action by the city, which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan and in accordance with applicable limitations and exceptions.

(b)

The development approvals listed below are determined by the City of Lenoir to qualify as site-specific vesting plans.

i.

Conditional District zoning plan

ii.

Special Use Permits

iii.

Variances

iv.

Subdivision Plats

v.

Planned Unit Developments

vi.

Development Plan submitted pursuant to Sec. 714, for a development not already subject to vesting under i-iv above

(c)

A vested right established pursuant to this ordinance shall run for a period of 24 months from the effective date of the approval of the underlying development application.

1501 Process for submittal, approval, and amendment of a site-specific vesting plan.

(a)

Each site-specific vesting plan shall include the information required by the city for the underlying type of development plan.

(b)

Each site-specific vesting plan shall provide the notice and hearing required for the underlying type of development plan.

(c)

An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the local government in the same manner as required for the underlying type of development plan.

(d)

Upon following the same process as required for the original approval, the decision-making board or official may extend the vesting of a site-specific vesting plan up to three years (with total length of vesting not to exceed five years) upon finding that:

i.

The permit has not yet expired;

ii.

Conditions have not changed so substantially as to warrant a new application; and

iii.

The extension is warranted in light of all other relevant circumstances—including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.

1502 Limits of site-specific vesting plans

(a)

Nothing in this ordinance shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning ordinance. The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval as provided for in the original approval or by applicable regulations.

(b)

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

(c)

New and amended zoning regulations that would be applicable to certain property but for the establishment of a vested right shall become effective upon the expiration or termination of the vested rights period provided for in this ordinance.

(d)

Upon issuance of a building permit, the expiration provisions of G.S. § 160D-1111 and 160D1115 apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

Any vested rights for a site-specific vesting plan are subject to the exceptions specified at G.S. § 160D-108.1.

1503 Multi-Phase Development

(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. Such site plan approval shall follow the process established for the type of development permit needed for the multi-phase development. A right which has been vested as provided for in this subsection 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.

(b)

A multi-phase development for the purposes of this Section is defined as a development containing 25 acres or more that is both of the following:

a.

Submitted for development permit approval to occur in more than one phase.

b.

Subject to a master development plan with committed elements showing the type and intensity of use of each phase.

1504 Application Completeness Review

(a)

Completeness Determination. Applicants shall submit applications to the Planning Department in accordance with the applicable published schedule of submittal dates. Until an application is determined to be complete in accordance with the requirements in this ordinance for the type of development application, an application has not been submitted. On receiving a development application, the Planning Director shall, within 10 business days, determine whether the application is complete or incomplete. A complete application is one that:

a.

Contains all information and materials required by city's ordinance for submittal of the applicable type of application, and in sufficient detail, format, and readability for city staff to evaluate the application for compliance with applicable review standards; and

b.

Is accompanied by the fee established for the applicable type of application.

(b)

Application Incomplete

a.

On determining that the application is incomplete, the Planning Director shall, as appropriate, provide the applicant written notice of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for a completeness review.

b.

If the applicant fails to resubmit an application within 30 calendar days after being first notified of submittal deficiencies, the application submittal shall be considered abandoned. If an applicant submits a request in writing to the Planning Department within 15 calendar days of the application abandonment date, 50 percent of the application fee paid for the withdrawn application shall be refunded.

(c)

Application Complete. - On determining that the application is complete, the Planning Director shall:

a.

Accept the application as submitted in accordance with the procedures and standards of this Ordinance in effect at the time of the submittal; and

b.

Provide the applicant written notice of application submittal acceptance.

1505 Substantially Commencing Development

(a)

A valid development approval shall not expire if work on the project has substantially commenced within the initial validity period. Substantial commencement of work shall be determined by the Planning Director based on any of the following:

a.

The development has received and maintained a valid erosion and sedimentation control permit and conducted grading activity on a continuous basis and not discontinued it for more than thirty (30) days;

b.

The development has installed substantial on-site infrastructure; or

c.

The development has received and maintained a valid building permit for the construction and approval of a building foundation.

(b)

Even if work has substantially commenced, a development approval still expires if development work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, as calculated and tolled pursuant to N.C.G.S. 160D-108.

1506 Permit Choice

(a)

If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, 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.

(b)

If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit 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.

(c)

If a permit application is placed on hold at the request of the applicant for a period of six consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the local or State government for a period of six consecutive months or more, the application review shall be discontinued and the development regulations in effect at the time permit processing is resumed shall be applied to the application.

State Law reference— G.S. 143-755 and G.S. 160D-108(b)

(Ord. of 1-19-2021, § 8)