(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 according to Section 22-69.1 of this chapter. On appeal, the existence of the vested right shall be reviewed de novo. In lieu of seeking a determination or pursue an appeal, a person claiming a vested right may bring an original civil action as provided in G.S. 160D-1403.1.
(b) Amendments to Dare County zoning regulations or other land use development regulations shall not be applicable or enforceable for development that has been permitted or approved pursuant to this section as long as one of the following approvals remains valid and unexpired:
1. A Dare County building permit. Building permits are valid for a 6-month period as set forth in G.S. 160D-1111.
2. Dare County administrative development approval. Administrative development approvals shall run for a period of 1 year from the date of the approval unless work has substantially commenced.
3. A site-specific vesting plan. A vested right established by a site specific vesting plan shall run for a period of 2 years from the date of the approval of the development application. For the purposes of this chapter, a site specific vesting plans shall be as follows:
a. A special use permit approved by the Board of Commissioners.
b. Subdivision preliminary plat approval.
4. Multi-phase Development Plan: a multi-phase development is vested for a period of 7 years from the date of approval by the Board of Commissioners. A multi-phase development plan is vested for the entire development with the zoning and subdivision regulations in place at the time of approval. For the purposes of this subsection, a multi-phase development shall mean a development containing 25 acres or more that is submitted for development approval to occur in more than 1 phase and is subject to a master development plan with committed elements, including a requirement to offer land for public use as condition of approval of the master development approval plan. Multi-phase developments shall be subject to approval as special use permits according to Sections 22-64 and 22-71.
5. Development agreement as approved by the Dare County Board of Commissioners according to the provisions of G.S. Ch. 160D, Article 10.
(c) The procedures for administrative development approval are set forth in Section 22-64 of this chapter.
(d) The procedures for preliminary plat approval are established in Chapter 153 of the Dare County Code of Ordinances.
(e) The procedures for a special use permit are set forth in Section 22-65 of this chapter.
1. Each site-specific vesting plan shall include the information required by Dare County for approval as a special use permit.
2. Each site specific vesting plan shall follow the notice and hearing procedures for special use permits.
3. An approved site specific vesting plan and its conditions may be amended with the approval of the applicant and Dare County in the same manner as required for the special use permit.
4. The Dare County Board of Commissioners may extend the vesting period up to 5 years following the same notice and hearing procedures used for the original vesting approval upon finding that:
a. The permit has not yet expired;
b. Conditions have not changed so substantially to warrant a new application; and
c. The extension is warranted in light of other relevant circumstances including but not limited to the size and phasing of the development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.
5. Following the establishment of a vested right upon the approval of a site specific vesting plan, the Planning Director shall issue a written statement acknowledging the vested right which describes the duration of the vesting period, the conditions of approval of the site specific vesting plan and other information deemed by Dare County as necessary to administer the vested right.
6. The vested right shall confer upon the landowner the right to undertake and complete the development and use of the property as established in the site specific vesting plan. Failure to comply with the approved terms and conditions of the site specific vesting plan shall result in a forfeiture of vested rights. A vested right shall attach to and run with the land.
(f) Limits of Site-specific Vesting Plans
1. 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 of the Dare County Zoning Ordinance. The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval.
2. The establishment of a vested right according to this chapter shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances that are general in nature and applicable to all property subject to land use regulation by Dare County.
3. New and amended zoning regulations that would apply except for the vested right shall become effective upon the expiration of termination of the vested right established by the ordinance.
4. Upon issuance of a building permit, the expiration provisions of G.S. 160D-1111 and 160D-1115 shall apply except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right is outstanding.
5. Any vested right for a site-specific vesting plan is subject to the exceptions set forth in G.S. 160D-108.1.
6. Notwithstanding any provision of this section, the establishment of a vested right under this section shall not preclude, change, or impair the authority of Dare County to adopt and enforce development regulation provisions governing non-conforming uses or situations.
7. A sketch plan or document that fails to describe the type and intensity of a specified parcel or parcels of land does not constitute a vesting plan. A variance shall not constitute a site-specific vesting plan or a condition of approval to secure a variance constitute a site-specific vesting plan.
(Ord. passed 6-21-2021)