(A) Purpose. The purpose of this section is to implement the provisions of G.S. Chapter 160D pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan or a phased development plan. Nothing in this section shall be construed to require the county to adopt an ordinance providing for vesting of rights upon approval of a phased development plan.
(B) Establishment of a zoning vested right.
(1) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the appropriate approving body, as applicable, of a site specific development plan or phased development plan, following notice and public hearing, if applicable. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site specific development plan or phased development plan including any amendments thereto.
(2) The approving authority may approve a site specific development plan or phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.
(3) Notwithstanding divisions (B)(1) and (B)(2) above, approval of a site specific development plan or phased development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.
(4) A site specific development plan or phased development plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance relating thereto.
(5) The establishment of a zoning vested right 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 or regulations that are general in nature and are applicable to all property subject to land use regulation by the county, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan or phased development plan upon the expiration or terminations of the vested right in accordance with this chapter.
(6) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan or phased development plan, all successors to the original landowner(s) shall be entitled to exercise such right while applicable.
(C) Approval procedures and authority.
(1) Except as otherwise provided in this section, an application for site specific development plan or phased development plan approval shall be processed in accordance with the procedures established by this chapter 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.
(2) Notwithstanding the provisions of division (C)(1) above, if the authority to issue a particular zoning or land use permit or approval has been delegated by this chapter to a board, committee, or administrative official other than the Board of County Commissioners, Board of Adjustment, or other planning agency, in order to obtain a zoning vested right, the landowner or applicant shall request in writing at the time of application that the application be considered and acted on by the Board of County Commissioners, as applicable, following notice and public hearing as provided in G.S. Chapter 160D.
(3) In order for a zoning vested right to be established upon approval of a site specific development plan or phased development plan, the applicant shall indicate at the time of application, on a form to be provided by the county, that a zoning vested right is being sought.
(4) Each map, plat, site plan, or other document evidencing a site specific development plan or phased development plan shall contain the following notation: “Approval of this plan establishes a zoning vested right under G.S. Chapter 160D.
(5) Following approval or conditional approval of a site specific development plan or phased 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.
(6) 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 this chapter.
(7) Nothing in this section shall preclude judicial determination, based on common-law principals or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided by the state general statutes and this section, nothing in this section shall be construed to alter the existing common law.
(D) Duration.
(1) A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to division (D)(2) below. This vesting shall not be extended by any amendments or modifications to a site specific development plan or phased development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.
(2) Notwithstanding the provisions of division (D)(1) above, the Board of Commissioners may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the Board of Commissioners at the time the site specific development plan or phased development plan is approved.
(3) Upon issuance of a building permit, the expiration provisions of G.S. Chapter 160D and the revocation provisions of G.S. Chapter 160D shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.
(E) Termination. A zoning right that has been vested as provided in this chapter shall terminate:
(1) At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;
(2) With the written consent of the affected owner(s);
(3) Upon findings by the Board of County Commissioners, by ordinance after notice and a public hearing, that natural or human-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;
(4) Upon payment to the affected owner(s) of compensation for all costs, expenses, and other losses incurred by the owner(s), including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant’s fees incurred after approval by the county, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;
(5) Upon findings by the Board of County Commissioners, by ordinance after notice and a hearing, that the owner(s) or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the size specific development plan or phased development plan; or
(6) Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan or phased development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.
(Ord. passed 10-17-2011; Res. passed 11-16-2020)