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)