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17-83.1 A vested right as defined herein is established for 2 years upon the approval of a site specific development plan.
17-83.2 The landowner of real property with a vested right may apply before the end of the vesting period but not thereafter to the Greenville County Planning Commission for an annual 1-year extension of the vested right. The Greenville County Planning Commission must approve applications for at least 5 annual extensions of the vested right if a timely application has been filed with the Planning Commission unless an amendment to land development ordinances or regulations has been adopted that prohibits such approval. If no timely application is made by the landowner to the Greenville County Planning Commission for an annual extension, the vesting period or annual extension applicable to such real property shall expire at the end of the vesting period or the last annual extension granted thereof.
17-83.3 The Greenville County Planning Commission may, but is not required, to provide for the establishment of a 2-year vested right in a conditionally approved site specific development plan. No 2-year vested right is established in a conditionally approved site specific development plan unless such vested right is specifically and expressly approved by the Greenville County Planning Commission in writing when a site specific development plan is conditionally approved.
17-83.4 The Greenville County Planning Commission may, but shall not be required, to approve the establishment of a vested right in an approved or conditionally approved phased development plan for a period not to exceed 5 years.
17-83.5 No vested right in a site specific development plan shall attach or be established until plans have been received, all required approvals have been given or granted, and all fees have been paid in accordance with the procedures outlined in this code. No vested right attaches or is established until a final decision has been rendered favorable to the applicant on all administrative appeals.
17-83.6 The Greenville County Zoning Board of Appeals is not authorized to grant or approve a vested right and no vested right shall be established, created or accrue as a result of any decision of the Zoning Board of Appeals.
(Ord. 3913, passed 5-17-2005)
17-84.1 A vested right established by this article and in accordance with the standards and procedures in Greenville County 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 all applicable Greenville County zoning, planning, stormwater management and sediment control, building, electrical, mechanical, life safety, fire and other land-use codes, ordinances and regulations;
(2) No vested right in a site specific development plan shall be established except in conformity with Greenville County zoning, planning, stormwater management and sediment control, building, electrical, mechanical, life safety, fire and other land-use codes, ordinances and regulations;
(3) If the Greenville County Planning Commission approves a vested right for 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) A vested right established under a conditionally approved site specific development plan or conditionally approved phased development plan may be terminated by the Greenville County Planning Commission upon its determination, following notice and a public hearing, that the landowner has failed to meet the terms of the conditional approval;
(5) A vested right established in accordance with the provisions of this article shall be vested upon approval by the Greenville County Planning Commission of the site specific development plan or 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 authorizing such improvements and expenditures has been approved by the Greenville County Planning Commission. No investments in grading, installation of utilities, streets, or other infrastructure, or other significant expenditures shall give rise to or establish a vested right until the Greenville County Planning Commission has approved the site specific development plan or phased development plan that authorizes the developer or landowner to proceed with improvements or undertake other significant expenditures on the real property which is proposed for development. Any vested right so granted is subject to all land development regulation requirements, including, but not limited to, meeting all financial security requirements prior to acceptance of final plats.
17-84.2 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. 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.
17-84.3 A vested right for a site specific development plan expires 2 years after vesting; provided, however, that the landowner of real property with a vested right may apply to the Greenville County Planning Commission before the end of the vesting period for an annual extension of the vested right for a period of 1 year. If a timely application is made, the Planning Commission must approve applications for no more than 5 successive annual extensions unless an amendment to land development ordinances or regulations has been adopted that prohibits approval of such annual extension applications. The Greenville County Planning Commission shall designate the vesting point for a phased development plan as the date of approval of the phased development plan. The Greenville County Planning Commission may extend the time for a vested site specific development plan to a total of 5 years upon a determination that there is just cause for the extension and that the public interest is not adversely affected. Upon expiration of the vested right, a building permit may be issued for development only in accordance with applicable land development ordinances and regulations and may require new plan submissions in accordance with the applicable ordinances and regulations.
17-84.4 A vested site specific development plan or a vested phased development plan which has been approved by the Greenville County Planning Commission may be subsequently amended if the amendments are approved by the Greenville County Planning commission pursuant to the provisions of applicable Greenville County land development ordinances and regulations.
17-84.5 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.
17-84.6 A vested right to a site specific development plan or phased development plan may be revoked by the Greenville County Planning Commission 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.
17-84.7 A vested site specific development plan or vested 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.
17-84.8 A change in the zoning district designation or land-use or 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 phased development plan without the consent of the landowner.
17-84.9 If real property having a vested site specific development plan or vested phased development plan 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.
17-84.10 The Greenville County Council, the Greenville County Planning Commission and local zoning, planning and codes officials 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.
(Ord. 3913, passed 5-17-2005)
A vested right pursuant to this ordinance is not a personal right but attaches to and runs with the applicable real property. The landowner and all successors to the landowner who secure a vested right pursuant to this article may rely upon and exercise the vested right for its duration, subject, however, to applicable federal, state and local laws 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 grandfathering of the vested right. Nothing contained herein shall preclude judicial determination that a vested right exists pursuant to other statutory provisions.
(Ord. 3913, passed 5-17-2005)
17-86.1 The landowner’s rights are considered vested in the types of land use and density or intensity of uses defined in the development plan, and the vesting is not affected by later amendments to a zoning ordinance or land-use or development regulation if the landowner:
(a) Obtains or is the beneficiary of a significant affirmative government act that remains in effect allowing development of a specific project.
(b) Relies in good faith on the significant affirmative government act; and
(c) Incurs significant obligations and expenses in the diligent pursuit of the specific project in reliance on the significant affirmative government act.
17-86.2 For purposes of this section, the following are significant affirmative governmental acts allowing development of a specific project:
(a) The local governing body has accepted exactions or issued conditions that specify a use related to a zoning amendment;
(b) The local governing body has approved an application for a rezoning for a specific use;
(c) The local governing body has approved an application for a density or intensity of use;
(d) The local governing body or zoning board of appeals has granted a special exception or use permit with conditions;
(e) The local governing body has approved a variance;
(f) The local governing body or its designated agent has approved a preliminary subdivision plat, site plan or plan of phased development for the landowner’s property and the applicant diligently pursued approval of the final plat or plan within a reasonable period of time under the circumstances; or
(g) The local governing body or its designated agent has approved a final subdivision plat, site plan or plan of phased development for the landowner’s property.
(Ord. 3913, passed 5-17-2005)