(A) Pre-Application Conference. The applicant for site development plan approval with vested rights shall meet with the Director of Planning and Development Services or designee to inquire about specific zoning requirements. The applicant and the Director of Planning and Development Services shall discuss the site development plan review process and applicable meetings, scheduling, and deadlines. In addition, the Director of Planning and Development Services shall advise the applicant of the specific requirements the project needs to address and discuss other aspects of the vested rights procedure.
(B) Filing of application. In order to apply for site development plan review under the vested rights procedure, the applicant must indicate their intent to obtain vested rights in the form of a letter to the Director of Planning and Development Services. The letter shall include the property address, Pitt County Tax Office parcel identification number, name of the property owner, and any other pertinent information.
(C) Site Development Plan required. Site Development plans prepared in accordance with the standards set forth by this ordinance shall be submitted when applying for vested rights. The standards for the site development plan to be submitted depend upon the specified development review process in this ordinance.
(D) The Director of Planning and Development Services shall review the application and accompanying site development plan(s) for compliance with the requirements of this ordinance and other applicable regulations. After review and approval through the appropriate administrative staff level review process, the request for vested rights will be scheduled for an evidentiary hearing before the Board of Adjustment. The evidentiary hearing will be scheduled as provided by the Board of Adjustment's rules of procedure.
(E) Requests for vested rights for Site Development Plans shall be scheduled for formal review at the next regular meeting of the Board of Adjustment following review and approval by staff and/or the Planning and Zoning Commission. At this time, the Board of Adjustment shall hold an evidentiary hearing to review the Site Development Plan and evaluate its conformance with the requirements of this ordinance and other applicable requirements of the City of Greenville. In considering an application for Site Development Plan approval with vested rights, the Board of Adjustment shall give due regard to whether issuance of the permit would serve the purpose and intent of this ordinance, secure public safety and welfare, and do substantial justice. If the Board of Adjustment should find, after evidentiary hearing, that the proposed permit should not be granted, the permit should be denied. If the Board of Adjustment finds that the request meets the requirements stated above, it then shall take one of the following actions.
(1) Approve the Site Development Plan with vested rights request. The Director of Planning and Development Services is then directed to issue a vested rights zoning permit.
(2) Approve the Site Development Plan with vested rights request subject to conditions which are necessary to protect the public health, safety, and welfare. The Director of Planning and Development Services is then directed to issue the vested rights zoning permit subject to the changes in the Site Development Plan to be made by the developer.
(3) Continue the Site Development Plan with vested rights request pending the submittal of additional information.
(F) Findings. In granting a zoning permit with vested rights the Board of Adjustment shall make the following affirmative findings.
(1) The use requested is among those permitted in the district in which the property is located and complies with all the requirements of this and other applicable ordinances;
(2) The requested permit is either essential or desirable for the public convenience or welfare;
(3) The requested permit will not impair the integrity or character of the surrounding or adjoining districts and will not be detrimental to the health, safety, or welfare of the community; and
(4) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.
(G) Additional restrictions and requirements. In granting a zoning permit with vested rights, the Board of Adjustment may impose such additional restrictions and requirements upon the permit as it may deem necessary in order that the purpose and intent of this ordinance are served, public welfare secured, and substantial justice done. Approval of a site specific development plan with the condition that a variance or modification be obtained shall not confer a vested right unless and until the necessary variance or modification is obtained. If all requirements and conditions are accepted by the applicant, the Board of Adjustment shall authorize the issuance of the permit; otherwise the permit shall be denied. Unless otherwise approved under authority of G.S.160D-108(d)(2), any permit so authorized shall remain vested for two years from the date of the action granting the permit. No change or amendment to any zonine permit with vested rights shall be made except after an evidentiary hearing and except as provided for in this Ordinance for the original issuance of such permit. If. at the time of consideration of a proposed change or amendment to an existing permit, the permit or proposed change or amendment could not be lawfully made under ordinance conditions existing at that time, the proposed change or amendment shall be denied. In addition, in no case shall there be an extension of the two-year time period for which the development right is vested. Nothing herein shall exempt plans related to the permit 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 approvals.
(H) Variances from the procedures and requirements for obtaining vested rights as set forth in this section shall not be permitted. Requests for variances from the development standards established by this ordinance shall be heard by the Board of Adjustment.
(I) Violations of the terms and/or conditions of the vested rights approval shall be considered a violation of this ordinance and shall be subject to the enforcement and penalty provisions set forth in this ordinance. In addition, the Board of Adjustment may, after legislative hearing, revoke any such vested rights for failure to abide by any such term or condition.
(J) Any development constructed pursuant to a zoning permit with vested rights for which the vested term has expired and which is not in conformance with all the terms of the Ordinance because of changes made in the provisions of this ordinance, including the official zoning map, after the issuance of the permit shall be subject to the provisions of this ordinance relating to non-conformities the same as any other nonconformity.
(Ord. No. 21-032, § 1, passed 6-21-2021)