(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 in the code for a conditional use permit, special use permit or for special use district zoning, as applicable. The Council or Board of Adjustment, as applicable, shall be the final approval authority.
(B) If the use for which a vested right is sought would not normally be a conditional or special use under the zoning ordinance and a special use district rezoning is not being sought, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Council as a special use and follow all procedures in the zoning ordinance for obtaining a special use permit.
(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 town, 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 establishes a zoning vested right under G.S. § 160A-385.1. 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 subchapter 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.
(1992 Code, § 153.13) (Ord. passed 9-9-1991)