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(A) The city may adopt temporary moratoria on any city development approval required by law. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing requirements of G.S. 160A-364. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section shall not apply to any project for which a valid building permit issued pursuant to G.S. 160A-417 is outstanding; to any project for which a special use permit application has been accepted; to development set forth in a site specific or phased development plan approved pursuant to G.S. 160A-385.1; to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi- judicial permit or approval; or to preliminary or final subdivision plats that have been accepted for review by the city prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the city prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium.
(B) Any ordinance establishing a development moratorium must expressly include at the time of adoption each of the following:
(1) A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the city and why those alternative courses of action were not deemed adequate.
(2) A clear statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
(3) An express date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
(4) A clear statement of the actions, and the schedule for those actions, proposed to be taken by the city during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
(C) No moratorium may be subsequently renewed or extended for any additional period unless the city shall have taken all reasonable and feasible steps proposed to be taken by the city in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must expressly include, at the time of adoption, the findings set forth in division (B)(1) through (4) of this section, including what new facts or conditions warrant the extension.
(D) Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the appropriate division of the General Court of Justice for an order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue that order. Actions brought pursuant to this section shall be set down for immediate hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In any such action, the city shall have the burden of showing compliance with the procedural requirements of this division.
(Ord. 06-08, passed 4-3-06; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
BOARD OF ADJUSTMENT
The Board of Adjustment shall hear and decide on all requests for variances to prescribed requirements of the zoning ordinance and appeals of the decision of administrative officials charged with enforcement of the ordinance. The Board shall conduct its hearings in accordance with Chapter 21, and shall otherwise adhere to all requirements therein.
(Ord. 16-28, passed 8-15-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
VESTED RIGHTS AND PERMIT CHOICE
The purpose of this subchapter is to implement the provisions of G.S. 160D-108.1 pursuant to which a statutory zoning vested right is established upon the approval of a development permit, site specific vesting plan, and multi-phase developments.
(Ord. 91-28, passed 1-6-92; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"APPROVAL AUTHORITY." The City Council or other board or official designated by ordinance or the provisions this subchapter as being authorized to grant the specific zoning or land use permit or approval that constitutes a site specific vesting plan.
"DEVELOPMENT." Without altering the scope of any regulatory authority granted by statute or local act, any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(2) Excavation, grading, filling, clearing, or alteration of land.
(3) The subdivision of land as defined in Chapter 91.
(4) The initiation of substantial change in the use of land or the intensity of the use of land.
"DEVELOPMENT PERMIT." An administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal, including any of the following: zoning permits, site plan approvals, special use permits, variances, certificates of appropriateness, plat approvals, development agreements, building permits, subdivision of land, state agency permits for development, driveway permits, erosion and sedimentation control permits, sign permit.
"LAND DEVELOPMENT REGULATION." Any state statute, rule, or regulation, or local ordinance affecting the development or use of real property, including any of the following: unified development ordinance, zoning regulation, including zoning maps, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, and housing code.
"MULTI-PHASED DEVELOPMENT." A development containing 25 acres or more that is both of the following:
(1) Submitted for development permit approval to occur in more than one phase.
(2) Subject to a master development plan with committed elements showing the type and intensity of use of each phase.
"SITE-SPECIFIC VESTING PLAN." A site-specific vesting plan consists of a plan submitted to a local government in which the applicant requests vesting pursuant to this section, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property. The plan may be in the form of, but not be limited to, any of the following plans or approvals: a planned unit development plan, a subdivision plat, a preliminary or general development plan, a special use permit, a conditional district zoning plan, or any other land-use approval designation as may be utilized by a local government. Unless otherwise expressly provided by the local government, the plan shall include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. What constitutes a site-specific vesting plan under this section that would trigger a vested right shall be finally determined by the local government pursuant to a development regulation, and the document that triggers the vesting shall be so identified at the time of its approval. A variance does not constitute a site-specific vesting plan, and approval of a site-specific vesting plan with the condition that a variance be obtained does not confer a vested right unless and until the necessary variance is obtained. If a sketch plan or other document fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property, it may not constitute a site-specific vesting plan.
"ZONING VESTED RIGHT." A right pursuant to G.S. 160D-108 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan.
(Ord. 91-28, passed 1-6-92; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) If a development permit applicant submits a permit 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 permit application was submitted and a development permit decision is made, 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. 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.
(C) Permit choice. 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, G.S. 143-755 applies.
(Ord. 21-26, passed 7-12-21)
(A) Vested rights.
(1) Amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to any of the following:
(a) Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with § 92.137.
(b) Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with Chapter 91.
(c) A site-specific vesting plan pursuant to § 92.169.
(d) A multi-phased development pursuant to division (D) of this section.
(e) A vested right established by the terms of a development agreement authorized by § 92.140.
(2) The establishment of a vested right under any division of this section does not preclude vesting under one or more other divisions of this section or vesting by application of common law principles. A vested right, once established as provided for in this section or by common law, precludes any action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in state or federal law mandating local government enforcement occurs after the development application is submitted that has a fundamental and retroactive effect on the development or use.
(B) Duration of vesting.
(1) Upon issuance of a development permit, the statutory vesting granted by division (A) of this section for a development project is effective upon filing of the application § 92.137, 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. A local land development regulation may provide for a longer permit expiration period. For the purposes of this section, a permit is issued either in the ordinary course of business of the applicable governmental agency or by the applicable governmental agency as a court directive.
(2) Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted by this section, once established, expires for an uncompleted development project if development 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 during the pendency of any Board of Adjustment proceeding or civil action in a state or federal trial or appellate court regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this section. The 24-month discontinuance period is also tolled during the pendency of any litigation involving the development project or property that is the subject of the vesting.
(C) Multiple permits for development project. Subject to division (B) of this section, where multiple local development permits are required to complete a development project, the development permit applicant may choose the version of each of the local land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit. For purposes of the vesting protections of this division, an erosion and sedimentation control permit or a sign permit is not an initial development permit.
(D) Multi-phased development. 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. A right which has been vested as provided for in this section 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.
(E) Continuing review. Following issuance of a development permit, a local government may make subsequent inspections and reviews to ensure compliance with the applicable land development regulations in effect at the time of the original application.
(F) Process to claim vested right. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator or other officer designated by a land development regulation, who shall make an initial determination as to the existence of the vested right. The decision of the Zoning Administrator or officer may be appealed under § 21.010. On appeal, the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination or pursuing an appeal under § 21.010, a person claiming a vested right may bring an original civil action as provided by G.S. 160D-1403.1.
(G) Miscellaneous provisions. The vested rights granted by this section run with the land except for the use of land for outdoor advertising governed by G.S. 136-131.1 and G.S. 136-131.2 in which case the rights granted by this section run with the owner of a permit issued by the North Carolina Department of Transportation. Nothing in this section precludes judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.
(Ord. 91-28, passed 1-6-92; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
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