A. Purpose. The purpose of this section is to establish a clear procedure for an applicant to request vesting or protection from changes in this Unified Development Ordinance (UDO) through issuance of a vested rights certificate associated with an approved site-specific vesting plan.
B. Applicability.
1. A vested right may be established, in accordance with G.S. § 160D-108.1(d) and this section.
2. A vested rights certificate shall be limited to development included in a site-specific vesting plan. For the purposes of this section a site-specific vesting plan shall be one of the following development approvals:
a. Conditional rezoning concept plan or site plan approved as part of a conditional rezoning;
b. Planned development master plan;
c. Preliminary plat;
d. Site plan; or
e. A site plan associated with a special use permit.
3. Site-specific vesting plans that do not qualify for a multi-phase development may have a vesting period that exceed two (2) years upon approval of a vested right certificate not to exceed a total of three (3) years.
4. An application for a vested rights certificate shall be processed concurrently or after the approval of a conditional rezoning application, planned development, preliminary plat, site plan, or special use permit.
C. Vested Rights Certificate Procedure. The vested rights certificate procedure is described in Figure 3.4.8., Vested Rights Certificate.
D. Decision by City Council.
1. The City Council shall hold a public hearing consistent with Section 3.3.3. above. The City Council, after public hearing, may grant approval of a vested rights request, grant approval of a revised vested rights request, or deny an application for vested rights.
a. The decision shall be one of the following:
i. Approval of the vested rights certificate as proposed.
ii. Approval of a revised vested rights certificate; or
iii. Denial of the vested rights certificate.
b. The vested rights certificate is deemed established upon the approval by the City Council of a qualifying site-specific vesting plan to which the application for a vested rights certificate was attached.
E. Vested Rights Certificate Review Standards. An application shall be submitted on a form as designated by the City and include the appropriate filing fee. The applicant for a vested rights certificate/determination shall provide the Director with a completed application and copies of any documents on which the applicant is relying to establish vested rights. The application shall be reviewed by the Director and approved in a public hearing by the City Council and meet all applicable common application procedures. An application for a vested right certificate shall be approved if:
1. The vested rights certificate is for an approved site-specific vesting plan;
2. The development is valid and unexpired;
3. Any required variances have been obtained; and
4. The request is in accordance with G.S. § 160D-108.
F. Effect.
1. A vested rights certificate shall be approved prior to issuance of a building permit.
2. Each document used to establish a site-specific vesting plan shall bear the following notation:
"Approval of this application establishes a zoning vested right under G.S. § 160D-108 as amended. Unless terminated at an earlier date the vested right shall be valid until (date)."
G. Miscellaneous Provisions.
1. 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 vested right under this Section, all successors to the original landowner shall be entitled to exercise such rights.
2. Nothing in this Section shall preclude judicial determination, based on common law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this Section, nothing in this Section shall be construed to alter the existing common law.
(Am. Ord. O-2023-34, passed 8-8-23)