Sec. 3.20. Vested Rights

3.20.1. Applicability

A. This section establishes a procedure for obtaining a statutory vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. in conformance with NCGS §160D-108 and 160D-108.1.

B. New or amended zoning regulations shall not apply to a property with an established vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. until the vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. expires or is terminated.

C. Statutory Vested Rights

Pursuant to NCGS §160D-108, the following are the types of statutory vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. that may be claimed:

1. DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. permit approvals in accordance with NCGS §143-755;

2. A site-specific vesting plan;

3. A multi-phased developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to NCGS §160D-108(f); or

4. A developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. agreement pursuant to NCGS §160D, Chapter 10.

3.20.2. Procedure for Determination

A. An application for a common law or statutory vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. determination shall be submitted to the Planning director or designee in accordance with paragraph 3.2.4, Application Requirementss, or as allowed per NCGS 160D-108. AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. may be taken in accordance with NCGS 160D-108(h).

B. Applications shall include, at a minimum, the following information in addition to the standard information required pursuant to paragraph 3.2.4, Application Requirementss:

1. Information on the proposed uses of the property that the applicant wishes to vest;

2. The length of time for which vesting is requested; and

3. A listing of those provisions of this Ordinance from which vesting is requested.

3.20.3. Duration

A. Vesting shall remain valid so long as the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. permit remains valid, or as otherwise allowed per this Ordinance. DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. permits shall be valid for one year unless otherwise indicated for a longer duration in this Ordinance.

B. Except where a longer vesting period is provided by statute or local regulation, the statutory vesting granted by this section, once established, expires for an uncompleted developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project if developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. work is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than 24 consecutive months. The 24-month discontinuance period is automatically tolled pursuant to 160D-108(d).

C. A vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. shall run with the land in accordance with NCGS 160D-108(i).

3.20.4. Site Specific Vesting Plan

The following is in accordance with NCGS 160D-108.1, and such statute shall apply where there are conflicts.

A. Applicability

1. In order to qualify as a "site specific vesting plan," a plan shall be a development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. approved as a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. in accordance with Sec. 3.5, Zoning Map Changes; a platClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. approved in accordance with Sec. 3.6, Subdivision Review; or a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approved in accordance with Sec. 3.7, Site Plan Review.

2. Landowners seeking vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. on platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., special use permit applications, or other plans that would not normally receive site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval, can apply for vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. protection through submittal of an application which contains the identical information, fee, and plans required for a complete site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application and an additional fee for a vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. public hearing.

B. Action by the Planning Director

Once the application has been determined complete, the Planning Director, or designee, shall schedule a public hearing, give public notice as set forth in paragraph 3.2.5, Notice and Public Hearings, and forward a copy of the application with all related materials to the appropriate governing body.

C. Action by the Governing Body

1. The governing body shall hold a public hearing as required pursuant to NCGS § 160D-108.1.

2. Approval by the governing body shall confer upon the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of the property a "vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance." as defined in NCGS §160D-108.1(b), effective on the date of approvalClosed The date of approving authority action.. The governing body may condition the approval upon terms and conditions reasonably necessary to protect the public health, safety, and welfare.

D. Effect of Approved Vested Rights

1. Following approval of a site specific vesting 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.

2. 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 approval or with this Ordinance.

3. The establishment of a vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. shall not preclude the application of new laws or regulations as is allowed under NCGS §160D-108. In addition, it shall not preclude 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 or County. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific vesting plan upon the expiration or termination of the vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. in accordance with this section.

4. A vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. is not a personalClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. right, but shall be attached 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 such right while applicable.

E. Duration

1. A vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. for a site-specific vesting plan shall remain vested for the period specified by the governing body, which shall be a minimum of two years but no more than five years from the date of the vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. determination. The expiration and validity of site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. issued pursuant to the vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. determination that extend beyond the vesting period shall be governed by the provisions of this ordinance. Substantial amendments and modifications to an approved site specific vesting plan shall not be accorded "vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance." unless such changes are processed as a new "site specific vesting plan." Each approved site specific vesting plan shall contain the following notation: "Approval of this plan establishes a vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. under NCGS §160D-108.1. Unless terminated at an earlier date, the zoning vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. shall be valid until (Insert date)."

2. A building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. shall not expire or be revoked because of the passage of time while a zoning vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. under this section is outstanding.

3. A right which has been vested as provided in this section shall terminate at the end of the applicable vesting period with respect to portions of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that do not have approved and continuously valid site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review., or buildings and uses for which no valid building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. applications have been filed.

F. Termination

A vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. as provided in this section shall terminate when any one of the following circumstances apply:

1. At the end of the applicable vesting period;

2. With the written consent of the affected landowner;

3. Upon findings by the governing body by ordinance and after 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 vesting plan;

4. Upon payment of compensation to the affected ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. for all costs, expenses, and other losses incurred by the landowner together with interest;

5. Upon findings by the governing body by ordinance and after public hearing, that the landowner or the landowner’s representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the governing body of the site specific vesting plan; or

6. Upon the enactment of a State or Federal law or regulation or local ordinances enacted in compliance with such laws or regulations that preclude developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as contemplated in the site specific development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

3.20.5. Annexation

A. Property that is annexed shall retain any vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. throughout the original vesting period subject to the limitations of paragraph B below.

B. A property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. petitioning for annexation shall submit a signedClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. statement declaring any existing vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. with respect to the properties subject to annexation, if the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. wishes to maintain the vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance.. The failure to signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. such a statement shall terminate any such vested rightClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance..

3.20.6. Limitations

Nothing in this section shall be deemed to create any vested rightsClosed The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. other than those established under NCGS §160D-108 and 108.1. In the event that NCGS §160D-108 is repealed, the provisions of this section are no longer effective.