(a) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the board of commissioners, planning board, board of adjustment, or planning director, as applicable, of a site specific vesting plan. A zoning vested right is defined as a right pursuant to G.S. 160D-108 and 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan.
(b) The approving authority may approve a site specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.
(c) Notwithstanding subsections (a) and (b) of this section, approval of a site specific vesting plan with a condition that a variance be obtained, shall not confer a zoning vested right unless the necessary variance has been obtained.
(d) A site specific vesting plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.
(e) The establishment of a zoning vested right shall not preclude the application of any overlay zoning that imposes additional requirements but does not affect the allowable type or density 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 vesting plan upon the expiration or termination of the vested right in accordance with this section.
(f) 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 vesting plan, all successors to the landowner that established the zoning vested right shall be entitled to exercise such right while applicable.
(Ord. of 7-10-2000, § 1.9.1; Amend. of - - )