§ 2.08. Vested Development Rights

A.

Purpose

The purpose of this section is to implement the provisions of G.S. 160A-385.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific development plan.

B.

Definitions

1.

Landowner - Any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as his agent or representative for purposes of submitting a proposed site specific development plan in the manner allowed by this code.

2.

Property - All real property subject to zoning regulations and restrictions of the City of Statesville.

3.

Site Specific Development Plan - In general, a plan which has been submitted to the City by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel(s) of property. More specifically, a site specific development plan must contain, as a minimum, the information called for in Section 2.08 C.

4.

Zoning Vested Right - The right, pursuant to G.S. 160A-385.1, to undertake and complete the development and use of the property under the terms and conditions of an approved site specific development plan.

C.

Submission of a Site Specific Development Plan

To apply for a zoning vested right, a landowner shall first submit to the Planning Department a site specific development plan. Unless otherwise expressly provided by the City, such a plan shall include:

1.

Name, address, and phone number of the property owner (or his agent) and the tax parcel number(s) of the property.

2.

A boundary survey and vicinity map, showing the property's total acreage, zoning classification, general location in relation to adjoining streets, railroads and/or waterways; date and north arrow; scale 1" = 50' maximum.

3.

Existing land uses of all adjoining properties.

4.

Proposed use of all land and structures, their approximate completion time for the project or phase.

5.

Proposed location and number of all structures, their approximate exterior dimensions.

6.

A description of all screening and buffering as required by this code or proposed by the applicant.

7.

All existing and proposed easements, reservations and rights-of-way.

8.

Proposed phasing, if any, and approximate completion time for the project or phase.

9.

Delineation of areas within the regulatory floodplain as shown on official Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps for the City and extraterritorial areas within the City's zoning jurisdiction.

10.

Traffic, parking and circulation plans, showing the proposed location and arrangement and size of parking spaces and ingress and egress to adjacent streets. The driveway/street cuts must be approved by the local District Highway Engineer's Office of the North Carolina Department of Transportation or the City Public Works Director for all street connections made.

D.

Processing Application for a Zoning Vested Right

An application for a zoning vested right shall be processed in a like manner for a zoning amendment. After having obtained a recommendation from the Planning Board and having conducted a public hearing on subject application in which proper notice therefore was given, the City Council shall determine whether or not to approve the site specific development plan and to accord the vested right. The City Council may approve the site specific development plan if it has evaluated the application and has determined that:

1.

The use meets all required specifications of this code.

2.

The use will not materially endanger the public health or safety and will not substantially injure the value of adjoining property if located where proposed. City Council may stipulate certain terms and conditions as a prerequisite to approval of the site specific development plan for assurance in this regard.

3.

The effect of the City Council's approval of a site specific development plan shall be to vest such site plan for a period of two (2) years from the date of approval. If the landowner requests, however, the City Council may approve a vesting period not to exceed five (5) years from the date of approval. The vesting of any site plan beyond a two-year period may only be authorized by the City Council where it has found that due to (1) the sizing and phasing of the development; or (2) the level of investment; or (3) the need for the development; or (4) economic cycles; or (5) market conditions, building permits for all phases of the development cannot be secured within two (2) years.

E.

Establishment and Termination of a Zoning Vested Right

A zoning vested right shall be deemed established upon City Council approval of a site specific development plan. A vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plans as provided for in this section.

Approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right until the necessary variance is obtained.

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

A vested right once established as herein provided, shall preclude any zoning action by the City which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the approved site specific development plan except under the following conditions:

1.

The affected landowner provides written consent to the City of his desire to terminate the vested right; or

2.

The City determines, after having advertised and held a public hearing, that material or man-made hazards exist on or in the immediate vicinity of the property which poses a serious threat to the public health, safety and welfare if the project were to proceed as indicated in the site specific development plan; or

3.

The City determines, after having advertised and held a public hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the City of the site specific development plan; or

4.

Upon the enactment or promulgation of a State of Federal law or regulation which precludes development as contemplated in the site specific development plan. In such case the City may, after having advertised and conducted a public hearing, modify the affected provisions upon a finding that the change in State or Federal law has a fundamental effect on the plan.

F.

Review of Conferred Vested Rights

Once a vested right is granted to a particular site specific development plan, nothing in this section shall preclude the City from conducting subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are not inconsistent with the original approval.

The vested right resulting from the approval of a site specific development plan may be revoked as provided for in this section. In addition a revocation may occur if the City Council determines that the landowner has failed to comply with the terms and conditions of the approval or with any other applicable portion of the this code. The vested right shall otherwise expire at the end of the approval period established by the City Council.

G.

Voluntary Annexation

A petition for annexation filed with the City under G.S. 160A-31 or G.S. 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under the G.S. 160A-385.1 or G.S. 153A-344.1. A statement that declares that no zoning vested right has been established under G.S. 160A-385.1 or G.S. 153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

H.

Limitations

The establishment of a zoning vested right shall not preclude the City from establishing and putting into place 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 regulations by the City including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Upon the expiration, termination, or revocation of a vested right, all applicable new or amended regulations shall become pertinent to that property subject to a site specific development plan.

I.

Statement of Inclusion

Noting in this section is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160A-385.1.