The purpose of this section is to implement the provisions of G.S. § 160A-385.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVAL AUTHORITY. The Town Council by this chapter is being authorized to grant the specific zoning or land use permit or approval that constitutes a site specific development plan.
SITE SPECIFIC DEVELOPMENT PLAN.
(a) A plan of land development submitted to the Town of Liberty for purposes of obtaining 1 of the following zoning or land use permits or approvals:
1. Zoning compliance permit; as per § 154.268 above;
2. Conditional use permit; as per § 154.277 below;
4. Subdivision preliminary plat approval; as per the Subdivision Chapter.
(b) Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to described with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall constitute a SITE SPECIFIC DEVELOPMENT PLAN.
ZONING VESTED RIGHT. A right pursuant to G.S. § 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific 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 Town Council of a site specific development plan, following notice and public hearing.
(2) The Town Council may approve a site specific development plan upon terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.
(3) Notwithstanding divisions (B)(1) and (2) above, approval of a site specific 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 shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.
(5) (a) 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 regulations by the Town of Liberty, including, but not limited to, building, fire, plumbing, electrical and mechanical codes.
(b) Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this subchapter.
(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, all successors to the original landowner shall be entitled to exercise that right while applicable.
(C) Approval procedures and approval authority.
(1) An application for a site specific development plan in conjunction with a request for a zoning compliance permit, special use permit or subdivision preliminary plat approval shall be processed in accordance with the procedures established by this chapter for a special use permit application. An application for a site specific development plan in conjunction with a conditional use permit request application shall be processed in accordance with the procedure established by this chapter for a conditional use permit application. The Town Council in reviewing and approving a site-specific development plan application shall be governed by the requirements for the accompanying 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 ordinance to a board, committee or administrative official other than the Town Council, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Town Council following notice and a public hearing as provided in G.S. § 160A-364.
(3) In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the Town of Liberty, that a zoning vested right is being sought.
(4) Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: “Approval of this plan establishes a zoning vested right under G.S. § 160A-385.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date).”
(5) Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt a like plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that the 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.
(D) Duration.
(1) A zoning right that has been vested as provided in this chapter shall remain vested for a period of 2 years unless specifically and unambiguously provided otherwise pursuant to division (D)(2) below.
(2) (a) Notwithstanding the provisions of division (D)(1) above, the Town Council may provide that rights shall be vested for a period exceeding 2 years but not exceeding 5 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.
(b) These determinations shall be in the sound discretion of the Town Council at the time the site specific development plan is approved.
(3) Upon issuance of a building permit, the expiration provisions of G.S. § 160A-418 and the revocation provisions of G.S. § 160A-422 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 landowner;
(3) Upon findings by the Town Council, 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) (a) Upon payment to the affected landowner of 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 town, together with interest thereon at the legal rate until paid.
(b) Compensation shall not include any diminution in the value of the property which is caused by that action;
(5) Upon findings by the Town Council, by ordinance after notice and a 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 approval authority of the site specific development plan; or
(6) Upon the enactment or promulgation of a state for federal law or regulation that precludes development as contemplated in the site specific 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.
(F) Voluntary annexation.
(1) A petition for annexation filed with the town under G.S. §§ 160A-31 or 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S. §§ 160A-385.1 or 153A-344.1.
(2) A statement that declares that no zoning vested right has been established under G.S. §§ 160A-385.1 or 153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any zoning vested right shall be terminated.
(G) Limitation. Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. § 160A-385.1.
(H) Repealed. In the event that G.S. § 160A-385.1 is repealed, this chapter shall be deemed repealed and the provisions hereof no longer effective.
(1981 Code, § 1107) (Ord. passed 6-28-2004)