155.4.2.1 Purpose. The zoning vested right is a right, established pursuant to N.C.G.S. § 160D-108, which precludes any action by a local government that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations. As such, amendments in land development regulations are not applicable or enforceable without the written consent of the owner with regard to any of the following:
(A) Buildings or uses of buildings or land for which a development permit application has been submitted and subsequently issued in accordance with N.C.G.S. § 143-755.
(B) Subdivisions of land for which a development permit application authorizing the subdivision has been submitted and subsequently issued in accordance with N.C.G.S. § 143-755.
(C) A site-specific vesting plan pursuant to N.C.G.S. § 160D-108.1 and subsection 155.4.2.8 below.
(D) A multi-phased development pursuant to subsection 155.4.2.4.
(E) A vested right established by the terms of a development agreement.
(A) Upon issuance of a development permit, the vesting granted for a project is effective upon the filing of the application, for so long as the permit remains valid. Unless otherwise specified, building permits expire after six months and development approvals/permits expire one year after issuance unless work authorized by the permit has substantially commenced.
(B) Except where a longer vesting period is provided by this Ordinance, the vesting granted expires for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period of more than 24 consecutive months. The vesting period for a nonconforming use of property expires if the use is intentionally and voluntarily discontinued for a period of more than 24 consecutive months.
155.4.2.3 Multiple Permits. Where multiple local development permits are required to complete a development project, the applicant may choose the version of each of the local land development regulations applicable to the project, upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications filed within 18 months of the date following the approval of an initial permit.
(A) A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development.
(B) A right which has been vested as provided for herein remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.
155.4.2.6 Process to Claim a Vested Right. A person claiming a vested right may submit information to the UDO Administrator, who shall make an initial determination as to the existence of the vested right. The decision of the UDO Administrator or officer may be appealed under N.C.G.S. § 160D-405. On appeal, the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination or pursuing an appeal under N.C.G.S. § 160D-405, a person claiming a vested right may bring an original civil action as provided by N.C.G.S. § 160D-1403.1.
155.4.2.7 Runs with the Land. Vested rights run with the land except for the use of land for outdoor advertising governed by N.C.G.S. § 136-136.1 and N.C.G.S. § 136-131.2 in which case the rights granted by this section run with the owner of the permit issued by the North Carolina Department of Transportation.
(A) A site-specific vesting plan consists of a plan submitted to the town in which the applicant requests vesting, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property. For purposes of this section the following plans or approvals qualify as site-specific vesting plans:
(1) Preliminary Plat
(2) Minor Subdivision
(3) Major Subdivision
(4) Special Use Permit
(B) Establishment of Vested Right. A vested right is established with respect to any property upon the valid approval, or conditional approval, of a site-specific vesting. Such a vested right confers upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific vesting plan, including any amendments thereto.
(C) Approval Process for a Site-Specific Vesting Plan.
(1) Each site-specific vesting plan shall include the information required by the Board of Aldermen for the underlying type of development application.
(2) Each site-specific vesting plan shall provide the notice and hearing required for the underlying type of development application. If the vesting plan is not based on such an approval, a legislative hearing as required by N.C.G.S. § 160D-602 shall be held.
(3) The town may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare.
(4) A site-specific vesting plan is deemed approved upon the effective date of the Board of Aldermen's decision approving the plan.
(5) An approved site-specific vesting plan and its conditions may be amended with the approval of the owner and the local government in the same manner as required for the underlying type of development plan.
(D) Duration and Termination of a Vested Right.
(1) A vested right for a site-specific vesting plan remains valid for two years. Upon following the same process as required for the original approval, the Board of Aldermen or the Administrator may extend the vesting of a site-specific vesting plan up to three years (with total length of vesting not to exceed five years) upon finding that:
(a) The permit has not yet expired;
(b) Conditions have not changed so substantially as to warrant a new application; and,
(c) The extension is warranted in light of all other 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.
(2) Upon issuance of a building permit, the provisions of N.C.G.S. § 160D-1111 and N.C.G.S. § 160D-1115 apply, except that a permit does not expire and shall not be revoked because of the running of time while a vested right under this section is outstanding.
(3) A right vested as provided in this section terminates at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed.
(E) Changes and Exceptions.
(1) A vested right precludes any zoning action by the town which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific vesting plan, except under the following conditions outlined in N.C.G.S. § 160D-108.1.
(2) The establishment of a vested right does not preclude the application of overlay zoning or other development regulations which impose additional requirements but do not affect the allowable type or intensity of use, or ordinances or regulations which are general in nature and are applicable to all property subject to development regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise, applicable new regulations become effective upon the expiration or termination of the vesting rights period of the site-specific plan.
(3) Notwithstanding any provision of this section, the establishment of a vested right does not preclude, change, or impair the authority of the town to adopt and enforce development regulations governing nonconforming situations or uses.
155.4.2.9. Annexation Declaration. Whenever the town acquires jurisdiction over a territory that theretofore has been subject to the jurisdiction of another local government, any person who has acquired vested rights in the surrendering jurisdiction may exercise those rights as if no change of jurisdiction had occurred. The town acquiring jurisdiction may take any action regarding such a development approval, certificate, or other evidence of compliance that could have been taken by the local government surrendering jurisdiction pursuant to its development regulations. Except as provided in this subsection, any building, structure, or other land use in a territory over which the town has acquired jurisdiction is subject to the development regulations of the town.
155.4.2.10. Permit Choice. If an applicant submits an application for any type of development and a rule or ordinance is amended, including an amendment to any applicable land development regulation, between the time the development application was submitted and a decision is made, or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, N.C.G.S. § 143-755 applies. The applicant may choose which adopted version of the rule or ordinance will apply to the development and use of the building, structure, or land indicated on the application. If the applicant chooses the version of the rule or ordinance applicable at the time of the application, the applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.
(A) When a development required multiple permits under the development regulations of this Ordinance, the applicant may choose the regulations applicable to the project at the time of their initial permit application. The applicant must submit the subsequent applications within 18 months of approval of the initial permit in order to claim permit choice.
(B) If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit. The provisions contained in N.C.G.S § 143-755 apply.
(C) If a permit application is on hold for six or more consecutive months at the request of the applicant, then permit choice is waived and the rules in effect at the time of resuming consideration of the application apply.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)