§ 160A-385. Changes.
§ 160A‑385. Changes.
(a) Qualified Protests.
(1) Zoning ordinances may from time to time be amended,supplemented, changed, modified or repealed. In case, however, of a qualifiedprotest against a zoning map amendment, that amendment shall not become effectiveexcept by favorable vote of three‑fourths of all the members of the citycouncil. For the purposes of this subsection, vacant positions on the counciland members who are excused from voting shall not be considered "membersof the council" for calculation of the requisite supermajority.
(2) To qualify as a protest under this section, the petitionmust be signed by the owners of either (i) twenty percent (20%) or more of thearea included in the proposed change or (ii) five percent (5%) of a 100‑foot‑widebuffer extending along the entire boundary of each discrete or separate areaproposed to be rezoned. A street right‑of‑way shall not beconsidered in computing the 100‑foot buffer area as long as that streetright‑of‑way is 100 feet wide or less. When less than an entireparcel of land is subject to the proposed zoning map amendment, the 100‑footbuffer shall be measured from the property line of that parcel. In the absenceof evidence to the contrary, the city may rely on the county tax listing todetermine the "owners" of potentially qualifying areas.
(3) The foregoing provisions concerning protests shall not beapplicable to any amendment which initially zones property added to theterritorial coverage of the ordinance as a result of annexation or otherwise,or to an amendment to an adopted (i) special use district, (ii) conditional usedistrict, or (iii) conditional district if the amendment does not change thetypes of uses that are permitted within the district or increase the approveddensity for residential development, or increase the total approved size ofnonresidential development, or reduce the size of any buffers or screeningapproved for the special use district, conditional use district, or conditionaldistrict.
(b) Amendments in zoning ordinances shall not be applicable orenforceable without consent of the owner with regard to buildings and uses forwhich either (i) building permits have been issued pursuant to G.S. 160A‑417prior to the enactment of the ordinance making the change or changes so long asthe permits remain valid and unexpired pursuant to G.S. 160A‑418 andunrevoked pursuant to G.S. 160A‑422 or (ii) a vested right has beenestablished pursuant to G.S. 160A‑385.1 and such vested right remainsvalid and unexpired pursuant to G.S. 160A‑385.1. (1923, c. 250, s. 5; C.S., s. 2776(v); 1959, c. 434, s. 1; 1965, c.864, s. 1; 1971, c. 698, s. 1; 1977, c. 912, s. 7; 1985, c. 540, s. 2; 1989(Reg. Sess., 1990), c. 996, s. 1; 1991, c. 512, s. 4; 2005‑418, s. 5.)