§ 9.5. DETERMINATION OF ZONING VESTED RIGHT

9.5.1. Establishment

A.

With Site Specific Development Plan

1.

In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the County, that a zoning vested right is being sought.

2.

Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: "Approval of this plan established a zoning vested right under G.S. Section 153A-344.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)."

B.

With Special Use Permit

1.

Pursuant to G.S. Section 153A-344.1, Vesting Rights, as of May 1, 2007, a vested right to undertake and complete the development and use of property under the terms and conditions as approved pursuant to this Ordinance shall be established with respect to any property upon the approval of a Special Exception Permit for a site specific development plan or a phased development plan.

2.

The approved plans and conditions for a Special Exception Permit constitute, for purposes of G.S. Section 153A-344.1, site specific development plans.

9.5.2. Approving Authority

Commentary: In order to determine the approving authority, refer to the table of permitted uses in Section 5.2.

9.5.3. Application Requirements

A.

An application for vested rights determination shall be submitted in accordance with Section 3.1.8.J, Application Requirements. Applications shall include, at a minimum, the following information in addition to the standard information required:

1.

Information on the proposed uses of the property that the applicant wishes to vest;

2.

The length of time for which vesting is requested;

3.

A listing of those provisions of this Ordinance from which vesting is requested;

4.

Identification of the portions of the development plan for which vesting is requested;

5.

Indication of the impact on the ability of the project to proceed as originally approved if vesting is not granted; and

6.

The proposed timetable for the construction of the phases of the project for which vesting is requested.

7.

If the owner considers prior expenditures and economic impact to be relevant to the governing body's determination, then any economic information regarding expenditures shall be accompanied by information regarding benefits or profits realized resulting from phases of the development previously built.

B.

Landowners seeking zoning vested rights on plats, special exception permit applications, or other plans that would not normally receive site plan approval, may apply for vested rights protection through submittal of an application which contains the identical information, fee, and plans required for a complete site plan application and an additional fee for a vested rights public hearing.

9.5.4. Action by the Zoning Administrator

Once the application has been determined complete, the Zoning Administrator shall schedule a public hearing before the appropriate body, give public notice as set forth in Section 9.1, and forward a copy of the application with all related materials to the approving authority.

9.5.5. Action by the Approving Authority

Commentary: In order to determine the approving authority, refer to the table of permitted uses in Section 5.2.

A.

The approving authority may hold the vested rights public hearing at the same time that the site plan is considered for approval.

B.

Approval by the approving authority shall confer upon the owner of the property a zoning "vested right" as defined in G.S. § 153A-344.1, effective on the date of approval. The approving authority may condition the approval upon terms and conditions reasonably necessary to protect the public health, safety, and welfare.

9.5.6. Duration

A.

A right which has been vested as provided for in this section shall remain vested for a period of three years. Modifications or amendments to an approved plan do not extend the period of vesting unless specifically so provided by the Board of Adjustment or the Planning Board upon approval of the modification and or amendment.

B.

The Board of Adjustment or the Planning Board (as applicable) may approve an extension of a zoning vested right for a period of two years resulting in a total vesting period of five years. Applications to extend a vesting period shall be considered by the same authority that approved the original vested right determination.

9.5.7. Effect of Zoning Vested Rights

A.

Following approval or approval of a site specific development plan, nothing in this section shall exempt such a plan 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 approval.

B.

Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or with this Ordinance.

C.

The establishment of a zoning vested right shall not preclude the application of new laws or regulations as is allowed under G.S. § 160A-385.1. In addition, it shall not preclude overlay zoning that imposes additional requirements, but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section.

D.

A vested right obtained under this section is not a personal right, but shall attach to and run with the subject property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

9.5.8. Termination

A vested right as provided in this section shall terminate when any one of the following circumstances apply:

A.

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

B.

With the written consent of the affected landowner;

C.

Upon findings by the Board of Adjustment by ordinance and after public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan;

D.

Upon payment of compensation to the affected owner for all costs, expenses, and other losses incurred by the landowner together with interest;

E.

Upon findings by the Board of Adjustment by ordinance and after public hearing, that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approving authority of the site specific development plan; or

F.

Upon the enactment of a State or Federal law or regulation or local ordinances enacted in compliance with such laws or regulations that preclude development as contemplated in the site specific development plan.