(A) A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Planning Director, who shall make an initial determination as to the existence of the vested right. The decision of the Planning Director may be appealed as provided in Section 3.21. On appeal, the existence of the vested right shall be reviewed de novo. In lieu of seeking a determination or pursuing an appeal, a person claiming a vested right may bring an original civil action as provided by G.S. 160D-1403.1.
(B) A petition for annexation filed with the Town under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. 160D-108 or 160D-108.1. A statement that declares that no zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.
(Ord. No. 04-001, 1-8-04; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2019-LDO-01, 9-26-19; Ord. No. 2021-LDO-01, 6-24-21)