(A)   The purpose of this subchapter is to implement the provisions of G.S. §§ 160D-108 and 106D-108.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific vesting plan.

   (B)   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 vesting plan.

(2009 Code, § 155.305) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   A zoning vested right shall be deemed established upon the valid approval of development plan, subdivision, special use permit or conditional district by the City Council or Board of Adjustment, as applicable of a site specific vesting plan, following notice and public hearing of the underlying application.

   (B)   The approving authority may approve a site specific vesting plan upon the terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

   (C)   Notwithstanding divisions (A) and (B) above, approval of a site specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

   (D)   A site specific vesting plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance relating thereto.

   (E)   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 regulation by the city, 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 chapter.

   (F)   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 vesting plan, all successors to the original landowner shall be entitled to exercise the right while applicable.

(2009 Code, § 155.306) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   Except as otherwise provided in this section, an application for site specific vesting 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 permit, special use permit, building permit, rezoning, or development approval for which application is made.

   (B)   Notwithstanding the provisions of division (A) above, if the authority to issue a particular zoning or special use permit, building permit or development approval has been delegated by ordinance to a board, committee or administrative official other than the City 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, the applicant must request, in writing at the time of application that the application be considered and acted on by the City Council or Board of Adjustment, following notice and a public hearing as provided in G.S. § 160D-601.

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

   (D)   Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.

(2009 Code, § 155.307) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   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.

   (B)   Pursuant to G.S. § 160D-403(c), unless otherwise specified by this section, 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 does not affect the duration of a vested right established as a site specific vesting plan, a multiphase development plan, a development agreement, or vested rights established under common law.

   (C)   A zoning right that has been vested as provided in this chapter 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 unless expressly provided by the approval authority at the time the amendment or modification is approved. The city may provide that rights regarding site specific vesting plan shall be vested for a period exceeding two years, but not exceeding five years, if warranted by the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.

   (D)   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 section, "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.

   (E)   Upon issuance of a building permit, the expiration provisions of G.S. § 160D-1111 and the revocation provisions of G.S. § 160D-1115 shall 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.

(2009 Code, § 155.308) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

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

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

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

   (C)   Upon findings by the City Council, by ordinance after notice and a public hearing, that natural or human-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 vesting 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 consultant’s fees incurred after approval by the city, 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 the action;

   (E)   Upon findings by the City Council, by ordinance after notice and a 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 approval authority of the site specific vesting plan; or

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

(2009 Code, § 155.309) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   If an application made in accordance with the city is submitted for a development approval required pursuant to G.S. § 160D-108 changes between the time the application was submitted and a decision is made, the applicant may choose which version of the regulation will apply to the application. If the development permit applicant chooses the version of the ordinance applicable at the time of the permit application, the map, or ordinance prior to acting on the development permit. This section applies to all development approvals issued by the state and by local governments. The duration of vested rights created by development approvals are as set forth in § 155.328, above.

(Ord. 2021-Z-19, passed 6-22-2021)

   A petition for annexation filed with the city 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 under G.S. § 160D-108. 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 zoning vested right shall be terminated.

(2009 Code, § 155.310) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. § 160D-108.

(2009 Code, § 155.311) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   In the event that G.S. § 160D-108 is repealed, this subchapter shall be deemed repealed and the provisions hereof no longer effective.

(2009 Code, § 155.312) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)