§ 20-74. Conditions and limitations of vested right.

(a)

A vested right established by this article and in accordance with the standards and procedures in the city zoning, land development and land use ordinances and regulations is subject to the following conditions and limitations:

(1)

The form and content of a site specific development plan submitted by a landowner must conform and comply with the city planning, zoning, subdivision, storm water management and sediment control, building, electrical, mechanical, life safety, fire, water and sewer, road and other codes, ordinances and regulations applicable to such development or development plan.

(2)

No vested right in a site specific development plan shall be established except in conformity with the city planning, zoning, subdivision, storm water management and sediment control, building, electrical, mechanical, life safety, fire, water and sewer, road and other land use codes, ordinances and regulations.

(3)

If the city approves a vested right for one or more phases of a phased development plan, a site specific development plan shall be required for approval with respect to each phase in accordance with regulations in effect at the time of vesting;

(4)

No vested right is established under a conditionally approved site-specific development plan or conditionally approved phased development plan. Any approved site specific development plan or approved phased development plan or phase thereof may be terminated by the city upon its determination, following notice and a public hearing, that the landowner has failed to meet the terms of the approval;

(5)

A vested right established in accordance with the provisions of this article shall be vested upon approval by the city of the site specific development plan or specific phase of a phased development plan that authorizes the developer or landowner to proceed with investment in grading, installation of utilities, streets and other infrastructure and to undertake other specific expenditures necessary to prepare for application for a building permit. No developer or landowner shall proceed with investment in grading, installation of utilities, streets or other infrastructure, or shall undertake other significant expenditures necessary to prepare for application for a building permit before a site specific development plan or phased development plan or phase thereof authorizing such improvements and expenditures has been approved by the city. No investment in grading, installation of utilities, streets or other infrastructure, or other significant expenditures shall give rise to or establish a vested right until the city has approved the site specific development plan or phased development plan or phase thereof that authorizes the developer or landowner to proceed with improvements or undertake other significant expenditures on the real property which is proposed for development.

(b)

A site specific development plan for which a variance, regulation or special exception is necessary, does not qualify and may not claim or receive vested right status unless and until the variance, regulation or special exception is obtained and the site specific development plan has been approved without conditions or exceptions. A phased development plan for which a variance, regulation or special exception is necessary does not qualify and may not obtain a vested right until the variance, regulation or special exception is obtained and the phase of the phased development plan has been approved without condition or exception.

(c)

A vested right for a site specific development plan expires two years after vesting; provided, however, that the landowner of real property with a vested right may apply to the city before the end of the vesting period or within 30 days after the expiration of the vesting period or any extension thereof, but not thereafter, for an annual extension of the vested right for a period of one year. If a timely and proper written application is made, the city must approve applications for no more than five successive annual extensions unless an amendment to land development ordinances or regulations has been adopted that prohibits approval of such annual extension applications. The city shall designate the vesting point for a phased development plan as the date of approval of each phase of the phased development plan. The city may extend the time for a vested site specific development plan to a total of five years upon a determination that there is just cause for the extension and that the public interest is not adversely affected. Upon expiration of a vested right, a building permit may be issued for development only in accordance with applicable land development ordinances and regulations then applicable.

(d)

A vested site specific development plan or a vested phased development plan which has been approved by the city may be amended if the amendments are approved by the city pursuant to the provisions of applicable city land development ordinances and regulations.

(e)

A validly issued building permit does not expire or is not revoked upon expiration or termination of a vested right, except for public safety reasons or as prescribed by the applicable building code.

(f)

A vested right to a site specific development plan or a phase of a phased development plan may be revoked by the city upon its determination, after notice and a public hearing, that there was a material misrepresentation by the landowner or substantial non-compliance with the terms and conditions of the original or amended approval.

(g)

A vested site specific development plan or a vested phase of a phased development plan is subject to later enacted federal, state or local laws or ordinances adopted to protect public health, safety and welfare, including, but not limited to, building, fire, plumbing, electrical and mechanical codes and non-conforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical and mechanical codes in force at the time of the issuance of the building permit.

(h)

A vested site specific development plan or vested phased development plan or phase thereof is subject to later local governmental overlay zoning that imposes site plan-related requirements but does not affect allowable types, height as it affects density or intensity of uses or density or intensity of uses.

(i)

A change in the zoning district designation or land use regulations made subsequent to vesting that affects real property does not operate to affect, prevent or delay development of the real property under a vested site specific development plan or vested phase of a phased development plan without the consent of the landowner.

(j)

If real property having a vested site specific development plan or vested phased development plan or phase thereof is annexed, the governing body of the municipality to which the real property has been annexed must determine, after notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after the annexation.

(k)

The city must not require a landowner to waive his vested rights as a condition of approval or conditional approval of a site specific development plan or phased development plan or phase thereof.

(Ord. No. 2005-39, § 7.4, 6-28-05)