5.3.16. VESTED RIGHTS.
A. Eligibility for a Vested Right. A vested property right shall be deemed established with respect to any property upon the approval or conditional approval of a site-specific development plan. However, applicants must request vesting in writing at the time of site-specific development plan application. A vested property right shall attach to and run with the applicable property. It shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site-specific development plan. Site-specific development plans include the following application types:
1. Minor Site Plan;
2. Major Site Plan; and
3. Final plat.
B. Approval of Vested Rights.
1. The Planning and Zoning Commission or City Council may approve vesting of a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such approval or conditional approval shall result in a vested property right, although failure to abide by such terms and conditions shall result in a forfeiture of vested property rights. Zoning shall not result in the creation of vested property rights.
2. If a development application for a site-specific development plan does not require a public hearing by the Planning and Zoning Commission or City Council, the Planning Director may approve vesting or a site-specific development plan after a public meeting upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such approval or conditional approval shall result in a vested property right, although failure to abide by such terms and conditions shall result in a forfeiture of vested property rights. The vested property right shall be deemed established with respect to the property upon the Director's approval following notice and an administrative public hearing conducted by the Director. Notice of such hearing shall be published one time at least 10 calendar days prior to the hearing.
C. Notice. Not later than 14 calendar days following approval of a site-specific development plan, a notice advising the public of such approval and creation of a vested property right shall be published in the newspaper designated for published notices required by 5.3.8.C. Such notice shall include the name of the plan, address of the project, and date of approval by the Planning Director, Planning and Zoning Commission, or City Council.
D. Termination of Vested Rights.
1. A property right that has been vested as provided in this Section 146-5.3.16 shall remain vested for a period of five years. If no building permit is issued within five years, the site-specific development plan shall be terminated. The affected landowner may request an extension of the site-specific development plan for up to five years, for a total of 10 years from the date of approval. Such an extension, if granted, shall not create a vested property right. The procedure for an extension is provided below.
2. The affected landowner may request in writing an extension of a site-specific development plan at least 30 calendar before the termination date. Upon receipt of the request, the provisions of Section 146-5.3.14.C (Extensions of Period of Validity) shall apply. An extension of a site-specific development plan shall not automatically extend the vested right associated with that plan. The procedure for extending a vested right is provided in Subsection 3 below.
3. The Planning Director may grant an extension to a vested right if the Director determines that:
a. There is no conflict with this UDO, or that any conflict will be corrected by an amendment to the plan, which shall be presented with the request for extension.
b. The applicant has demonstrated that the Site Plan continues to be compatible with adjacent properties and the surrounding area, or that compatibility may be established by an amendment to the plan, which shall be presented with the request for extension.
c. The applicant has demonstrated that the Site Plan is consistent with the Comprehensive Plan. The applicant has demonstrated the Site Plan is consistent with the regulations, plans, and policies adopted by City Council since the Site Plan was approved.
E. Subsequent Reviews and Approvals. Following approval or conditional approval of a site-specific development plan, nothing in this Section 146-5.3.16 shall exempt such a plan or plat from subsequent reviews and approvals. These reviews and approvals include but are not limited to construction drawings, drainage plans, building permit, and certificate of occupancy to ensure compliance with the terms and conditions of the original approval. Such reviews and approvals shall not be inconsistent with the original approval.
F. Amendments. A minor amendment to the site-specific development plan for which a vested right has been obtained shall not re-start the five year period of the vested right; the vesting period shall be measured from the date the original vested right became effective. A major amendment to the site specific development for which a vested right has been obtained shall re-start the five year vesting period as of the date the major amendment is approved.
G. General Ordinances and Regulations. The establishment of a vested property right shall not preclude the application of ordinances or regulations that are general in nature and are applicable to all property. Such ordinances and regulations include but are not limited to building, fire, plumbing, electrical, mechanical codes, and other health and safety codes.
H. Public Improvements. The vested property rights provided in this Section 146-5.3.16 shall in no way diminish or alter the requirement for public improvements applicable to subdivisions of land approved under this UDO or requirements for public improvements in other provisions of this UDO.
I. Other Establishment of Vested Rights. Absent a site-specific development plan, a vested right to develop shall be established when an applicant has taken substantial steps in reliance on a lawfully issued building permit, to the extent such permit authorizes construction. (Ord. No. 2019-49 § 1, 08-19-2019)