(A) A vested right shall be established, upon petition by the owner of the property, after the approval or conditional approval of a site specific vesting plan by the appropriate permit-issuing authority in accordance with the provisions outlined in this section. A right which has been vested as provided for in this section shall, as a general rule, remain valid for two years and shall attach to and run with the land.
(B) Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this section.
(1) Landowner. Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner. The landowner may allow a person holding a valid option to purchase to act as his or her agent or representative for purposes of submitting a proposed site specific vesting plan.
(2) Property. All real property subject to the regulations and restrictions of the UDO as well as the zoning district boundaries established by the UDO and depicted on the official zoning map.
(3) Site specific vesting plan. A plan which has been submitted to the city by a landowner requesting vesting pursuant to this section and describing in detail the type and intensity of use for a specific parcel or parcels of property. The plan shall be in the form of a site plan required to obtain a zoning or special use permit or a site plan required to obtain a Nontraditional Lot Development and/or Conditional Zoning District Rezoning. The information required by § 153.10(F) and other permit or rezoning application details, as applicable, shall be included. The vesting plan does not include a building permit or variance. The development approvals listed below are determined by the City to be site specific vesting plans:
(a) Subdivision plat;
(b) Conditional Zoning District plan.
(4) Vested right. The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan.
(C) A vested right shall be deemed established, following the receipt of a petition from the property owner, upon the effective date of approval of the site specific vesting plan by the appropriate permit-issuing authority. Following the approval of a site specific vesting plan, the Zoning Administrator shall issue a vested right certificate to the landowner which indicates the duration of the vesting period, the conditions, if any, imposed on the approval of the site specific vesting plan, and any other information determined by the Zoning Administrator to be necessary to administer the vested right.
(D) A vested right shall confer upon the landowner the right to undertake and complete the development and use of the property as delineated in the approved site specific vesting plan. The appropriate permit-issuing authority may approve a site specific vesting plan upon terms and conditions as may be determined necessary to protect the public health, safety and welfare. Failure of the landowner to comply with the approved terms and conditions shall result in a forfeiture of vested rights.
(E) Approval, modification or amendment of a site specific vesting plan by the permit-issuing authority shall follow the procedural requirements for the underlying permit or rezoning approval.
(F) A vested right obtained under this section runs with the land and is valid for two to five years, as determined by the Board of Commissioners or other approving authority, from the effective date of approval of a site specific vesting plan. A vested right shall not be extended by any amendments or modifications to an approved site-specific vesting plan unless expressly provided for by permit-issuing authority. A vested right shall expire at the end of the vesting period if no building permit applications have been filed with the city to construct the use or uses proposed in the approved site specific vesting plan. If building permits are issued, the 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 lack of progress during the vesting period.
(G) A vested right, once established or provided for in this section, precludes any zoning action by the city which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved site specific vesting plan, except:
(1) With the written consent of the affected landowner;
(2) Upon findings, by ordinance after notice and a public hearing, that natural or man-made hazards 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 vesting plan;
(3) To the extent that the affected landowner receives compensation for all costs, expenses and other losses incurred by the landowner, 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 city, 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 that action;
(4) Upon findings, by ordinance after notice and a public hearing, that the landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the city of the site specific vesting plan; or
(5) Upon the enactment or promulgation of a state or federal law or regulation which precludes development as contemplated in the site specific vesting plan, in which case the city 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 public hearing.
(H) The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the city, including, but not limited to, Building, Fire, Plumbing, Electrical and Mechanical Codes.
(I) Notwithstanding any provisions of this section, the establishment of a vested right shall not preclude, change or impair the authority of the city to enforce provisions of the UDO governing nonconforming situations or uses.
(J) A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific vesting plan, all successors to the original landowner shall be entitled to exercise those vested rights.
(K) The city shall not require a landowner to waive his or her vested rights as a condition of developmental approval.
(L) Permit choice.
(1) If a land development rule or ordinance is amended between the time a development permit application is submitted and a development permit decision is made, the applicant may choose which adopted version of the rule or ordinance will apply to the permit.
(2) If the applicant chooses the rule or ordinance in effect at the time of application submission, he/she will not be required to await the outcome of the rule or ordinance amendment prior to acting on the permit.
(3) If a development permit is wrongfully denied or an illegal condition is imposed, as determined by an appeal of the denial or condition imposed, and a development rule or ordinance is amended thereafter, the permit applicant may choose which adopted rule or ordinance will apply to the permit application.
(4) Any provision of the permit applicant’s chosen version of the rule or ordinance that is determined to be illegal for any reason shall not be enforced upon the applicant without the written consent of the applicant.
(5) If a permit application is placed on hold at the request of the applicant for a period of six consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the City for a period of six consecutive months or more, permit choice shall be waived and the development regulation in effect at the time permit processing is resumed shall apply to the application.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)