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§ 1.7 CONFLICTING PROVISIONS.
   1.7.1   Conflict with state or federal regulations. If any provisions of this ordinance are inconsistent with those of the state or federal government, the more restrictive provisions shall govern unless the state or federal regulation is intended to preempt the local regulation. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. Regardless of any other provision of this ordinance, no land may be developed or used, and no structure may be erected or maintained in violation of any state or federal regulation.
   1.7.2   Conflict with local regulations. If the provisions of this ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the town, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.
   1.7.3   Conflict with private agreements and contracts. This ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, or permits previously adopted or issued pursuant to law. The town has no responsibility for monitoring or enforcing private agreements or contracts.
§ 1.8 OFFICIAL ZONING MAP.
   1.8.1   Generally. The Official Zoning Map designates the location and boundaries of the zoning districts established by this ordinance. The Official Zoning Map shall be kept on file with the Town Clerk, and is available for public inspection during normal business hours. The original official version of the map shall be certified by the Town Clerk, and shall bear the seal of the town. It shall be the final authority as to the status of the current zoning district classification of land within the town’s jurisdiction, and shall only be amended in accordance with the provisions of this ordinance.
   1.8.2   Incorporation by reference. The Official Zoning Map is hereby incorporated by reference and made part of this ordinance.
   1.8.3   Interpretation of district boundaries.
      (A)   A boundary shown on the map as approximately following the centerline of a street, highway, or alley is construed as following such centerline.
      (B)   A boundary shown on the map as approximately following a parcel boundary is construed as following the parcel boundary as it actually existed at the time the zoning boundary was established.
      (C)   A boundary shown on the map as approximately following a river, stream, lake, or other watercourse is construed as following the actual centerline of the watercourse.
      (D)   A boundary shown on the map as approximately following the corporate limits of the town is construed as following that boundary.
      (E)   A boundary shown on the map as approximately parallel to, or as an extension of, a feature described above is construed as being actually parallel to, or an extension of, the feature.
§ 1.9 TRANSITIONAL PROVISIONS.
   1.9.1   Effect on valid building permits and vested rights. Unless the property owner consents, this ordinance does not apply to the completion of the development of buildings or uses for which either:
      (A)   Building permits have been issued pursuant to G.S. § 160D-1110 prior to October 1, 2008, so long as the permits remain valid and unexpired pursuant to G.S. § 160D-1111 and unrevoked pursuant to G.S. § 160D-1115; or
      (B)   A vested right has been established pursuant to G.S.§§ 160D-108 and 160D-108.1 and such right remains valid and unexpired pursuant to G.S.§§ 160D-108 and 160D-108.1.
   1.9.2   Other approvals granted prior to the effective date. Variances, special use permits, subdivision plats, site plans, and other similar development approvals that are valid on September 30, 2008 will remain valid until their expiration date if applicable. Development may be completed in accordance with such approvals even if such building, development, or structure does not fully comply with the provisions of this ordinance. If development is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure must meet the standards of this ordinance in effect at the time of any re-application.
   1.9.3   Applications in process prior to effective date. Applications for building permits, variances, special use permits, subdivision plats, site plan approvals, and other similar development approvals that were submitted in complete form and are pending approval on October 1, 2008 must be reviewed wholly under the terms of the ordinance in effect on September 30, 2008. Any re-application for an expired approval must meet the standards of this ordinance in effect at the time of re-application.
   1.9.4   Violations continue. Violations of the previous ordinance which are in violation of this ordinance will continue to be a violation and will be subject to penalties and enforcement action under Article 4, Enforcement. The adoption of this ordinance does not affect nor prevent any pending or future action to abate violations of previous ordinances.
(Ord. A.21.01, passed 6-3-2021)
§ 1.10 SEVERABILITY.
   Should any article, section, division, phrase, or word of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction of either the state or the United States, such decision does not affect, impair, or invalidate the validity of the remaining parts of this ordinance which can be given effect without the invalid provision.
§ 1.11 VESTED RIGHTS.
   1.11.1   Purpose and intent. This section is intended to implement G.S. § 160D-108 with respect to the establishment of zoning vested rights for landowners or applicants who have received a development approval from the town.
   1.11.2   Vested rights defined. As used in this ordinance, a ZONING VESTED RIGHT is defined as the right to undertake and complete the development and use of land under the terms and conditions of a development approval issued by the town.
   1.11.3   Effect of a vested right.
      (A)   Development approvals that have an established vested right in accordance with G.S. § 160D-108 and this section shall preclude any action by the town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property authorized by the development approval, except where a change in state or federal law occurs and has a retroactive effect on the development or use.
      (B)   Except when subject to division 1.11.3(C) below, amendments to this ordinance shall not be applicable to any of the following development approvals after they are vested:
         (1)   Building or uses of land for which a development permit application has been submitted and approved in accordance with this ordinance and G.S. § 143-755;
         (2)   Subdivisions of land for which a subdivision application has been submitted and approved in accordance with this ordinance and G.S. § 143-755;
         (3)   A site-specific vesting plan approved in accordance with this ordinance and G.S. § 160D-108.1;
         (4)   A multi-phase development approved in accordance with this ordinance and G.S. § 160D-108; and
         (5)   A vested right established by the terms of an approved development agreement in accordance with this ordinance and G.S. Ch. 160D, Art. 10.
      (C)   Amendments to this ordinance shall apply to vested development approvals if:
         (1)   A change to state or federal law occurs and has a retroactive effect on the development or use;
         (2)   There is written consent to be subject to the amendment by the landowner;
         (3)   The development approval expires; or
         (4)   The development is not undertaken or completed in accordance with the approval.
   1.11.4   Establishment of a vested right. A vested right may only be established following an approval of a development application in accordance with this section and the applicable requirements in the North Carolina General Statutes. The following subsections detail the ways in which a vested right may be established.
      (A)   Common law vested rights.
         (1)   Defined. A common law vested right establishes the right to undertake and complete the development and use of property on substantial expenditures in good faith reliance on a valid governmental approval. Such approvals include, but are not limited to:
            (i)   Zoning permits;
            (ii)   Sign permits;
            (iii)   Building permits;
            (iv)   Special use permits; and
            (v)   Subdivision preliminary plats.
         (2)   Application. The applicant shall provide satisfactory proof that each of the following standards are met in order to establish a common law vested right:
            (i)   The applicant has, prior to the adoption or amendment of an ordinance, made substantial expenditures of time, effort, or money on a proposed development; and
            (ii)   The obligations and/or expenditures were incurred in good faith; and
            (iii)   The obligations and/or expenditures were made in reasonable reliance on and after the issuance of a valid governmental permit, if such permit is required provided however, a mistakenly-issued governmental permit shall not give rise to a common law vested right; and
            (iv)   The amended or newly adopted ordinance is a substantial detriment to the applicant.
      (B)   Issuance of a building permit. Issuance of a building permit by the county in accordance with the applicable standards in this ordinance and applicable state law shall entitle the building permit holder to vested rights to develop the proposal as identified in the approved building permit, subject to the following standards:
         (1)   The applicant shall not be required to file for a determination to establish common law vested rights or maintain vested status during the time period for which the building permit remains valid.
         (2)   The owner has a vested right only as long as the building permit remains valid and only for the work approved by the building permit.
         (3)   A building permit may expire in accordance with the applicable county or North Carolina General Statute provisions.
         (4)   The building permit may be revoked for any substantial departure from the approved plans, failure to comply with any applicable local or state law, and any misrepresentations made in securing the permit.
         (5)   Building permits mistakenly issued may be revoked.
         (6)   If the building permit expires or is revoked, the vested right based on it is also lost.
      (C)   Statutory vested rights. Development permits for a building, use of a building, use of land, or subdivision of land establishes statutory vested rights, which shall entitle the permit holder to vested rights to develop the proposal as identified in the approved permit, subject to the following standards:
         (1)   Issuance of a building permit is not considered a development permit, and the vesting term shall only continue in accordance with the provisions in G.S. § 160D-801.
         (2)   A development permit is valid for one year after issuance, unless otherwise specified by statute, and the applicant is vested in that permit for the term of validity.
         (3)   If the applicant fails to substantially commence authorized work within one year, then the development permit and vesting expire.
         (4)   Vesting shall continue provided there is a substantial commencement of authorized work under a valid development permit.
         (5)   The development permit and vesting shall expire after substantial work commences if there is a two-year period of intentional and voluntary discontinuance of work unless otherwise specified by statute.
      (D)   Site-specific vesting plan.
         (1)   Defined.
            (i)   For the purposes of this section, a SITE-SPECIFIC VESTING PLAN is defined as a plan submitted to the town in which the applicant requests vesting, describing with reasonable certainty on the plan, the type and intensity of use for a specific parcel or parcels of property.
            (ii)   A site-specific vesting plan must provide, with reasonable certainty, all of the following:
               (a)   The boundaries of the development;
               (b)   Topographic and natural features affecting the site;
               (c)   The approximate location of proposed buildings, structures, and other improvements;
               (d)   The approximate dimensions, including height, of proposed buildings and other structures;
               (e)   The approximate location of all existing and proposed infrastructure on the site, including water, sewer, streets, and pedestrian ways;
               (f)   The type or types of proposed land uses; and
               (g)   The density or intensity of development.
            (iii)   A concept plan or any other document that fails to describe with reasonable certainty the type and intensity of use for a specific lot or lots of property shall not constitute a site-specific vesting plan.
            (iv)   The following development approvals constitute a site-specific vesting plan:
               (a)   A concept plan associated with a conditional rezoning or the gateway districts;
               (b)   A preliminary plat;
               (c)   Site plans;
               (d)   A preliminary plat;
               (e)   Site plans; and
               (f)   A concept plan associated with a special use permit.
         (2)   Establishment.
            (i)   Development approvals identified by this ordinance as site-specific vesting plans shall be granted a vested right to develop for a maximum period of two years from the date of the approval, provided the applicant has requested, in writing, that a vested right is sought, and provided the development subject to the approval complies with all applicable terms and conditions.
            (ii)   In cases where a concept plan is associated with an approved conditional rezoning, the conditional zoning designation shall run with the land but the vesting status of the associated concept plan shall be in accordance with the standards for any other site-specific vesting plan.
         (3)   Extension.
            (i)   The two-year vesting duration of a site-specific vesting plan may be extended up to five years from the date of the approval only in accordance with division 3.2.14, Vested Rights Certificate.
            (ii)   Site-specific vesting plans meeting the definition of a multi-phase development shall be vested in accordance with division 1.11.4(E), Multi-phase development plan.
      (E)   Multi-phase development plan.
         (1)   A multi-phase development plan that occupies at least 25 acres of land area, is subject to a master plan that depicts the types and intensities of all uses as part of the approval and includes more than one phase shall be considered as a multi-phase development plan that is granted a vested right to develop for a period of seven years from the date of approval of the first site plan associated with the development.
         (2)   Vesting shall commence upon approval of the site plan for the first phase of the development.
         (3)   The vested right shall remain in effect provided the development does not expire and provided it complies with all the applicable terms and conditions of the approval.
      (F)   Development agreement. A development agreement shall be vested in accordance with the vesting term identified in the development agreement.
      (G)   Voluntary annexation.
         (1)   Any petition for annexation filed with the town shall contain a signed statement from the applicant indicating if vested rights on the properties subject to the petition have been established in accordance with G.S. § 160D-108.
         (2)   A statement that declares that no zoning vested right has been established or the failure to provide a statement declaring whether vested rights have been established, shall result in a termination of any vested rights established prior to annexation.
   1.11.5   Termination of a vested right.
      (A)   Generally.
         (1)   Vested rights established in accordance with this ordinance shall run with the land.
         (2)   In no instance shall vesting status extend beyond the maximum duration for the type of development application approval.
         (3)   In no instance shall the vesting status of a development approval continue after the development approval expires or if the development approval is revoked for failure to comply with the terms of the approval or of this ordinance.
         (4)   In no instance shall the vesting status of a development approval continue after it is determined that the development approval was based upon intentional inaccurate information or material misrepresentations.
         (5)   In no instance shall vested rights continue if the Town Council finds, after a duly noticed public hearing, that natural or man-made hazards resulting from the development would result in a serious threat to public health, safety, or welfare if the development were to be continued or completed.
         (6)   In the event of commenced but uncompleted work associated with a development approval, vested rights shall expire within 24 months of the discontinuance of work. This 24-month period shall not include the time associated with work stoppage resulting from an appeal or litigation.
      (B)   Limitations.
         (1)   The establishment of a vested right does not preclude the town’s application of overlay zoning district requirements or other development regulations that do not affect the type of land use, its density, or intensity.
         (2)   A vested right shall not preclude the application of changes to building, fire, plumbing, electrical, or mechanical codes made after the development approval where a vested right was established.
(Ord. A.24.03, passed 5-2-2024)