Agenda - 08-05-1991 - Laserfiche WebLink

Browse Search

GENERAL ASSEI�BLY OF NORTH CaROL.IIriA:�" - .= " -``�"� = SESSION 1989 3 3 1 - -- -- - 6 vested richt obtained undir this section is not a personal right. 2 " = but shall attach to and run with the applicable properrv. After 3 apprQval f a site s2ecific develgl2ment 21an or a j2hased 4 . -:- - _ dgvelojment plan, all successors to the original landowner shall be entitled to exercise such rights 6 - Nothing in this section shall preclude judicial determination based 7 -- !2n common law princip le, or other statutory 15rovisions, that a 8 _ . - ve tgd right exists in a particular caS2 or-that a cpmpensable taking Y: g - - - has ccurr d. Except as expressly r yid d in hic section nothing 10 - in this section shall be construed to alter the existing common lave. 11 1-n -the event a city fails to ado t an grdinance setting forth what 12 constitutes a site ,specific development plan _triggering a. vested 13 right. a landowner may establish a vested right with respect to 14 property upon the ahoroval of a zoning hermit, or otherwise may 1$ seek al2i2ropriate relief from the u eri r Cgurt Division of the 16 - General Court of Justice." 17 Sec. 3. G.S. 160A -31 is amended by adding a new subsection (h) to read: 18 " h A city council which receives a petition for annexation under this section 19 may by ordinance require that the petitioners file a signed statement declaring 20 whether or not vested rights with respect to the properties subject to the petition have 21 been established under G.S. 160A -385.1 or G.S. 153A- 34-4.1. If the statement declares 22 that such rights have been established the city may require petitioners to rovide 23 proof of such rights. A statement which declares that no vested rights have been - 24 established under G.S. 160A -385.1 or G.S. 153A- 344.1_ shall be binding on the 25' landowner and any such vested right shall be terminated." 26 Sec. 4. G.S. 160A -58.1 is amended by adding a new subsection (d) to 27 read: 28 "(d) A city council which receives a petition for annexation under this section 29 may by ordinance require that the 12etitioners file a signed statement declaring 30 whether or not vested rights with resl2ect to the propertiLs subject to the patition have 31 been established under G.S. 160A -385.1 or G.S. 153A-344.1. If the statement declares 32 that such rights have been established the city may require netitioners to Provide 33 proof of such rights. A statement which declares that no vested rights have been 34 established under G.S. 160A -385.1 or G.S. 153A-3A4.1 shall be binding on the 35 landowner and any such vested rights shall be terminated" 36 Sec. S. G.S. 153A- 344(b) reads as rewritten: 37 "(b) Amendments, modifications, supplements, repeal or other changes in zoning 38 regulations and restrictions and zone boundaries shall not be applicable or 39 enforceable without consent of the owner with regard to ieL-, buildings and uses for 40. which either i building permits have been issued pursuant to G.S. 153A -357 prior to 41 the enactment of the ordinance making the change or changes so long as the permits 42 remain valid and unexpired pursuant to G.S. 153A -358 and unrevoked pursuant to 43 G.S. 153A -362 or (ii) a _vested right has been established pursuant to_ G.S. 153A-344.1 44 and such vested right remains valid and unexpired pursuant to G.S. 153A -3 -4.1." Page 6 Senate Sill 766