(A) Zoning "vested rights" as established under G.S. §§ 160D-102, 160D-108, and 160D-108.1, ensure that a properly issued development approval will protect the applicant against zoning changes that will affect the allowable type and intensity of use.
(B) (1) A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator. The Zoning Administrator shall determine if a vested right exists. The Zoning Administrator's determination may be appealed to the Board of Adjustment. On appeal the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination, a person claiming a vested right may take an original civil action appeal to the Rockingham County Superior Court.
(2) Process to claim vested right. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the Zoning Administrator. The Zoning Administrator shall determine if a vested right exists. The Zoning Administrator's determination may be appealed to the Board of Adjustment. On appeal the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination, a person claiming a vested right may take an original civil action appeal to the Alamance County Superior Court.
(C) Duration and types of statutory vested rights.
(1) Six months: building permits. Pursuant to G.S. § 160D-1111, a building permit expires six months after issuance unless work under the permit has commenced. If after commencement the work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any building permit that has expired shall thereafter be performed until a new permit has been secured.
(2) One year: other development approvals. Pursuant to G.S. § 160D-403(c), unless otherwise specified by statute or local ordinance, all other development approvals expire one year after issuance unless work has substantially commenced. Expiration of a development approval shall not affect the duration of a vested right established under this section or vested rights established under common law.
(3) Two years: site-specific vesting development plans. A site-specific development plan shall be vested for two years after it is approved. Amendments shall not extend the vesting period unless specified at the time of approval.
(4) Seven years: multi-phase developments. A multi-phase development approved containing 25 acres or more and subject to a master development plan with committed elements including a requirement to offer land for public use as a condition of its master development plan approval.
(5) Exceptions. A vested right, once established as provided for by this section, precludes any zoning action by the town that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved vested right, except those explicitly outlined in G.S. § 160D-108(f).
(Res. R-2021-03, passed 6-24-2021)