(a) Purpose. The zoning vested right is a right which is established pursuant to N.C. Gen. Stat. sec. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan. Upon issuance of a building permit, the expiration provisions of N.C. Gen. Stat. sec. 160A-422 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 7-5-15 is outstanding. Obtaining site plan approval or preliminary plat subdivision approval through the vested rights procedure gives the applicant the right to start construction of the development as approved within two years of approval.
(b) Pre-application procedure. The applicant shall meet with the planning and development director to inquire about specific zoning requirements and obtain the proper application forms. The applicant and the planning and development director shall discuss the site plan or subdivision review process and applicable meetings and deadlines. In addition, the planning and development director shall advise the applicant of the specific requirements the project needs to address and discuss other aspects of the vested rights procedure.
(c) Plan submittal.
(1) Filing of application. In order to apply for site plan review under the vested rights procedure, the applicant must indicate his/her intent to obtain vested rights in the form of a letter to the Planning and Development Director. The letter shall include the property address, Buncombe County Tax Office parcel identification number, name of the property owner, and any other pertinent information.
(2) Site plan required. Site plans, prepared in accordance with the standards set forth in Appendix A (Map and Plan Standards), shall be submitted when applying for vested rights. The number of site plans to be submitted depends upon the particular review process and is specified in the procedure section for the particular review process.
(3) Fees. An application fee as established by City of Asheville Fees and Charges Manual shall be submitted with the application.
(d) Staff review. The planning and development director shall review the application and accompanying site plan for compliance with the requirements of this chapter and other applicable regulations. After the review and approval through the appropriate review process, the request for vested rights will be scheduled for a public hearing before the Asheville City Council. The public hearing will be scheduled as provided by city council's rules of procedure.
(e) Public notification. Notice of public hearings or public meetings required under this section for zoning vested rights approval shall be provided in accordance with the provisions of section 7-5-20 of this chapter.
(f) Formal review. Requests for vested rights for site plans and subdivisions shall be scheduled for review at the next regular meeting of the Asheville City Council. At this time, the city council shall hold a public hearing to review the site plan and evaluate its conformance with the requirements of this chapter and other applicable requirements of the City of Asheville. The city council shall then take one of the following actions:
(1) Approve the vested rights request. The planning and development director is then directed to issue a vested rights zoning permit.
(2) Approve the vested rights request subject to conditions which are necessary to protect the public health, safety, and welfare. The planning and development director is then directed to issue the vested rights zoning permit subject to the changes in the site plan to be made by the developer.
(3) Table the vested rights request pending the submittal of additional information.
(g) Variances. Variances from the procedures and requirements for obtaining vested rights as set forth in section 7-11-4 of this chapter shall not be permitted. Requests for variances from the development standards established by this chapter shall be heard by the board of adjustment under the procedures established by section 7-6-1 of this chapter.
(h) Appeals. Aggrieved parties may seek appropriate relief as allowed by law.
(i) Permit validity. A zoning right that has been vested as provided in section 7-11-4 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 approving authority at the time the amendment or modification is approved. A zoning permit, conditional use permit, or subdivision approval shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding. A vested right shall terminate under the termination conditions as specified in subsection 7-11-4(f) of this chapter.
(j) Violations. Violations of the conditions of the vested rights approval shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2843, § 1(d), 8-28-01; Ord. No. 3374, § 1(n), 7-11-06)