(A) Rights granted in accordance with the provisions of this chapter shall vest for a period of one year only upon site plan approval by the Board of Commissioners or administrative approval, excepting site specific vesting plans. This provision is not intended to extend or reduce any time requirements set forth in the North Carolina General Statutes (G.S.§ 160D-108), North Carolina Building Code, the town code or any other governmental regulation applicable to the project for which the site plan approval is granted.
(B) Permit choice. If development regulations change after the time of full application submittal, in accordance with § 153.355, and prior to the time in which the decision is made by the appropriate authority, the applicant may choose which version of the development requirements will apply to the application. [(G.S. § 160D-208(b))]
(C) A site specific vesting plan. A vested right established by a site specific vesting plan shall run for a period of two years from the date of the approval of the development application. For the purposes of this section, a site specific vesting plans shall be as follows:
(1) A special use permit approved by the Board of Commissioners.
(2) Subdivision final plat approval.
(D) Multi-phase development plan. A multi-phase development plan is vested for a period of seven years from the date of approval by the Board of Commissioners. A multi-phase development plan is vested for the entire development with the zoning and subdivision regulations in place at the time of approval. For the purposes of this section, a multi-phase development shall mean a development containing 15 acres or more that is submitted for development approval to occur in more than one phase and is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of approval of the master development approval plan. Multi-phase developments shall be subject to approval as special use permits according to § 153.363.
(E) Development agreement as approved by the Kill Devil Hills Board of Commissioners according to the provisions of G.S. § 160D, Art. 10.
(F) The procedures for administrative development approval are set forth in § 153.363.
(G) The procedures for final plat approval are established in the Subdivision Ordinance, Chapter 152, of the Kill Devil Hills Code of Ordinances.
(H) The procedures for a special use permit are set forth in § 153.363.
(1) Each site-specific vesting plan shall include the information required by Kill Devil Hills for approval as a special use permit.
(2) Each site-specific vesting plan shall follow the notice and hearing procedures for special use permits.
(3) An approved site specific vesting plan and its conditions may be amended with the approval of the applicant and Kill Devil Hills in the same manner as required for the special use permit.
(4) The Kill Devil Hills Board of Commissioners may extend the vesting period up to five years following the same notice and hearing procedures used for the original vesting approval upon finding that:
(a) The permit (approval) has not yet expired;
(b) Conditions have not changed so substantially to warrant a new application; and
(c) The extension is warranted in light of other relevant circumstances as determined by the Board of Commissioners.
(5) Following the establishment of a vested right upon the approval of a site-specific vesting plan, the Planning Director shall issue a written statement acknowledging the vested right which describes the duration of the vesting plan and other information deemed necessary to administer the vested right.
(6) The vested right shall confer upon the landowner the right to undertake and complete the development use of the property as established in the site-specific vesting plan. Failure to comply with the approved terms and conditions of the site-specific vesting plan shall result in a forfeiture of vested rights. A vested right shall attach to and run with the land.
(I) Limits of site-specific vesting plans.
(1) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval of the Kill Devil Hills Zoning Ordinance. The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval.
(2) The establishment of a vested right according to the ordinance 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 that are general in nature and applicable to all property subject to land use regulations by Kill Devil Hills.
(3) New and amended zoning regulations that would apply except for the vested right shall become effective upon the expiration of termination of the vested right established by the ordinance.
(4) Upon issuance of a building permit, the expiration provisions of G.S. § 160D-1111 and G.S. § 160D-1115 shall apply except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right is outstanding.
(5) Any vested right for a site-specific vesting plan is subject to the exceptions set forth in G.S. § 160D-108.1.
(6) Notwithstanding any provision of this section, the establishment of a vested right under this section shall not preclude change, or impair the authority of Kill Devil Hills to adopt and enforce development regulation provisions governing non-conforming uses or situations.
(7) A sketch plan or document that fails to describe the type and intensity of use for a specific parcel or parcels of land does not constitute a vesting plan. A variance shall not constitute a site-specific vesting plan or a condition of approval to secure a variance constitute a site-specific vesting plan.
(Ord. 98-04, passed 6-22-98; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-04, passed 6-27-01; Am. Ord. 02-14, passed 7-24-02; Am. Ord. 18-4, passed 6-14-21)