(a) Except where a longer vesting period is provided by statute or land development regulation, the statutory vesting granted, once established, expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of not less than twenty-four (24) consecutive months, and the statutory vesting period granted by this section for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of not less than twenty-four (24) consecutive months. The twenty-four (24) month discontinuance period is automatically tolled during the pendency of any board of adjustment proceeding regarding the validity of a development permit, the use of the property, or the existence of the statutory vesting period granted by this article.
(b) The purpose of this section is to implement the provisions of G.S. 160D-108.1 under which a statutory zoning vested right is established upon approval of a site-specific vesting plan.
(c) Definitions.
(1) Approval authority. Governing Board, or other board or official designated by this chapter as being authorized to grant the specific zoning or land use permit approval that constitutes a site-specific development.
(2) Site specific vesting plan as defined in Article B Definitions.
a. The plan may be in the form of, but not be limited to, any of the following plans or approvals:
1. Special use permit as provided by this chapter
2. Major subdivision preliminary plat approval as provided in the Town of Valdese Subdivision Regulations
3. Planned unit development as provided in this chapter.
b. Notwithstanding the foregoing, neither a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels shall constitute a site-specific vesting plan.
c. A variance shall not be considered to be a site-specific vesting plan
(3) Zoning vested rights. A right under G.S. 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan, provided that such development shall begin within two (2) years following issuance of the zoning vested right.
a. Two to five years. A vested right for a site-specific vesting plan remains vested for two years. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the Town of Valdese. Notwithstanding the provisions of section, the Town of Valdese may provide for rights to be vested for a period exceeding two (2) years but not exceeding five (5) years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions or other considerations.
b. Seven years, multi-phased developments. A multi-phased development, if approved, shall have a vested right of seven (7) years for the entire development with the zoning and subdivision regulations in place at the time of the original. Multi-phased development is defined as a development with a minimum size of twenty- five (25) acres that is both of the following:
1. Submitted for development permit approval to occur in more than one phase.
2. Subject to a master development plan with committed elements showing the type and intensity of use of each phase.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)