§ 204. Vested Rights

204.1  Purpose. The purpose of this section is to implement provisions of G.S. 153A-344.1 that establishes a statutory zoning vested right upon the approval of a site-specific development plan.

204.2  Procedure.

1.

At the time that the landowner submits an application for a subdivision plat or Special Use Permit, the landowner must declare in writing using a form provided by Onslow County for that purpose that he is seeking to acquire a vested right pursuant to G.S. 153A-344.1 and the Onslow County Zoning Ordinance.

2.

For a subdivision plats where a vested right is sought, the Zoning Administrator will advertise and schedule a public hearing in accordance with the procedures used for Special Use Permits.

3.

For proposed developments that do not require subdivision plat approval or a Special Use Permit, the landowner may seek to establish a vested right by following the procedures promulgated for applications for Special Use Permits.

4.

A variance shall not constitute a site-specific development plan and approval of a site-specific development plan with the condition that a variance be obtained shall not confer a vested right unless and until the variance is approved.

204.3  Establishment of Vested Right.

1.

A vested right shall be deemed established upon the valid approval, or conditional approval, of a subdivision plat, Special Use Permit or Planned Unit Development. Such 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 subdivision plat, Special Use Permit, or Planned Unit Development.

2.

A right that has been vested, as provided for in this section, shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications unless expressly provided by the County. The County may, but is not required to, extend the vested term to three years for a maximum total of five years.

204.4  Termination. A vested right, once established as provided for in this section, precludes any zoning action by the County 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 development plan, except that the right may be terminated without further recourse underthe following circumstances:

1.

With written consent of the affected landowner; or

2.

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

3.

To the extent that the affected landowner receives compensation for all costs and losses as a result of an eminent domain proceeding; or

4.

Upon finding that the landowner, or his representative, intentionally supplied inaccurate information or made material misrepresentations that made a difference in the plan approval by the county; or

5.

Upon the enactment of a State or Federal law or regulation that precludes development as contemplated in the site specific development plan; or,

6.

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