§ 153.138  APPROVAL PROCEDURE AND APPROVAL AUTHORITY.
   (A)   Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.
   (B)   In order to obtain a zoning vested right hereunder, the applicant must set forth in writing at the time of the application that the applicant seeks a zoning vested right.  All applications for zoning vested rights shall be considered by the Board of Commissioners, Planning Board or Board of Adjustment following a notice and public hearing as provided in G.S. Ch. 160A irrespective of whether or not prior approval procedures required such notice and hearing.
   (C)   In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the city, that a zoning vested right is being sought.
   (D)   Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: “Approval of this plan established a zoning vested right under G.S. Ch. 160A. Unless terminated at an earlier date, the zoning vested right shall be valid until (date).”
   (E)   Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.
   (F)   Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning ordinance.
(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14)