(A) Development approvals and determinations, as defined by G.S. § 160D-102, subject to this chapter are governed by G.S. § 160D-403. Development approvals attach to and run with the land as provided by G.S. § 160D-104.
(B) Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established in this chapter for a conditional rezoning or special use permit, as applicable. The Board of Commissioners or Board of Adjustment, as applicable, shall be the final approval authority.
(C) If the use for which a vested right is sought would not normally be an allowable use under the code, 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 Board of Commissioners as a conditional zoning district and follow all procedures in the code for obtaining approval.
(D) In order for a zoning vested right to be established upon approval of a site specific development, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.
(E) 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. § 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until __________. |
(F) Should the town choose to extend vested rights, they shall be vested for a period of more than two years, but not more than five years.
(G) Following approval or conditional approval of a site specific development plan, nothing in this chapter shall exempt a 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.
(H) 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 or this chapter. Revocation of any development approval authorized in this chapter shall be in accordance with G.S. § 160D-403(f).
(Ord. 21- , passed - -2021) Penalty, see § 153.999