(A) Term. A right, which has been vested by the city, shall remain vested for a period of two years from the date of approval. Modifications or amendments to an approved plan do not extend the period of vesting unless specifically so provided by the Planning Commission when it approves the modification or amendment. A vested right obtained under this chapter is not a personal right, but shall attach to and run with the subject property.
(B) Conditions. The Planning Commission may attach any reasonable and appropriate conditions to the approval of a Site Specific Development Plan or Phased Development Plan and may require that the conditions be met in order for a vested right to be granted. However, the Planning Commission shall not condition plan approval on a landowner waiving his or her vested rights.
(C) Revocation. A vested right may be revoked by the Planning Commission upon its determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.
(D) Termination by expiration. A right which has been vested under the provisions of this chapter shall terminate at the end of the applicable vesting period unless an application for an extension is made in accordance with § 160.04(E) below.
(E) Extensions. The landowner of real property with a vested right may apply in writing before the end of the vesting period to the Planning Commission for an annual one-year extension of the vested right. The Planning Commission shall approve applications for up to five annual extensions of the vested right if a timely and proper application has been filed with the Planning Commission. If no timely and proper written application is made by the landowner to the Planning Commission for an annual extension, the vesting period or annual extension applicable to the real property shall expire at the end of the vesting period.
(Ord. 13-008, passed 3-12-13)