(A) General.
(1) Procedure. In any case where the applicant for a zoning permit desires to obtain a vested right, as authorized by G.S. § 160D-108, the applicant shall observe the following procedures.
(a) The applicant shall submit to the Zoning Enforcement Officer a copy of a site specific development plan drawn to scale describing with reasonable certainty the type and intensity of use for the specific parcel or parcels of land.
(b) Such plan shall include:
1. The boundaries of the site;
2. Significant topographical and other natural features affecting the development of the site;
3. The location on the site of the proposed buildings, structures and other improvements;
4. The dimensions, including height, of the proposed buildings and other structures;
5. The location of all existing and proposed infrastructure on the site, including water, sewer, roads and walkways; and
6. Such other information as the Zoning Enforcement Officer may determine to be necessary in order to determine the specifics of the plan.
(2) Public hearing; notice thereof.
(a) Upon receipt of a properly prepared site specific development plan, the Zoning Enforcement Officer shall arrange to bring such plan before the Board of Adjustment in the manner of a public hearing. Completed plans shall be received a minimum of 25 days prior to the public hearing at which the proposed vested rights plan is scheduled to be considered by the Board. Notice of the public hearing shall be given in the same manner as that required for a rezoning request.
(b) In considering an application for a zoning permit with vested rights, the Board of Adjustment shall give due regard that the purpose and intent of this ordinance shall be served, public safety and welfare secured and substantial justice done. If the Board should find, after public hearing, that the proposed permit should not be granted, such proposed permit shall be denied.
(c) In granting such permit, the Board of Adjustment shall make the following affirmative findings:
1. The use requested is among those listed as a permitted or conditional use in the district in which the subject property is located or is to be located and complies with all the requirements of this ordinance and other applicable ordinances;
2. The requested permit is either essential or desirable for the public convenience or welfare;
3. The requested permit will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety or welfare of the community; and
4. Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.
(d) In granting a zoning permit with vested rights, the Board of Adjustment may impose such additional restrictions and requirements upon such permit as it may deem necessary in order that the purpose and intent of this ordinance are served, public welfare secured and substantial justice done. Approval of a site specific development plan with the condition that a variance, conditional use permit or modification be obtained shall not confer a vested right unless and until the necessary variance, conditional use permit or modification is obtained. If all requirements and conditions are accepted by the applicant, the Board shall authorize the issuance of the permit, otherwise the permit shall be denied. Any permit so authorized shall remain vested for a period of two years from the date of the action granting the permit.
(B) Violations. Any violation of a term or condition involved in the granting of a zoning permit with vested rights shall be treated the same as a violation of this ordinance and shall be subject to the same remedies and penalties as any such violation. In addition, the Board of Adjustment may, after public hearing, revoke any such vested rights for failure to abide by any such term or condition.
(C) Other ordinances apply. The establishment of a vested right shall not preclude the application of overlay zoning which imposes additional requirements but does not affect the allowable type or intensity or use, or ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation, including, but not limited to Building, Fire, Mechanical, Electrical and Plumbing Codes.
(D) Changes or amendments. No change or amendment to any permit with vested rights shall be made, except after public hearing and except as provided for in this ordinance for the original issuance of such permit. If, at the time of consideration of proposed change or amendment to an existing permit, such permit or proposed change or amendment could not be lawfully made under ordinance conditions existing at that time, such proposed change or amendment shall be denied. In addition, in no case shall there be an extension of the two-year time period for which such development right is vested. Nothing herein shall exempt plans related to such permit from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval; provided that, such reviews and approvals are not inconsistent with the original approvals.
(E) Status at expiration of term. A right which has been vested shall terminate at the end of the two-year vesting period with respect to buildings and uses for which no valid building permit applications have been filed. Upon issuance of a building permit, the provisions of G.S. §§ 160D-403 and 160D-1115 shall apply; except that, a building permit shall not expire or be revoked because of the running of time while a vested right under this section is outstanding. Any development constructed pursuant to a zoning permit with vested rights for which the vested term has expired and which is not in conformance with all the terms of this ordinance because of changes made in the provisions of this ordinance, including the Zoning Map, after the issuance of such permit shall be subject to the provisions of this ordinance relating to non- conformities the same as any other non-conformity.
(F) Annexation declaration. Any landowner who signs an annexation petition to the city pursuant to G.S. §§ 160A-31 or 160A-58.1 shall, as part of that petition, file a signed statement declaring whether or not vested rights with respect to the property subject to the petition have been established under G.S. § 160D-108. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established by law shall be binding on the landowner and any such vested right shall be terminated.
(Ord. passed 5-13-1996)