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A. Conflicting Ordinances: All prior ordinances are repealed to the full extent of their inconsistency with this title.
B. Vested Rights: Vested rights insulate developments from the potentially adverse impacts of changing regulations.
1. A vested right to proceed with development initiated prior to the adoption of this title may be established by:
a. Having obtained a building permit in compliance with all provisions of the previous regulations (such vested rights expire with the permit or, where construction has not been diligently pursued, 2 years after the effective date hereof); or
b. Having recorded a final plat or obtained final approval of a preliminary plat in compliance with all provisions of the previous regulations. Prior recording of a final plat establishes a vested right to develop and sell lots precisely as they are described on that plat. The development or subsequent division of the lots must comply with this title. Prior approval of a preliminary plat establishes a vested right to proceed with final platting and development of the subdivision precisely as it was approved. Such vested rights expire with the preliminary plat approval or, if a final plat has not been recorded, two (2) years after the effective date hereof. The development or subsequent division of the lots must comply with this title.
2. Vested rights to proceed with development initiated in compliance with this title (which may, of course, be amended) may be established only by obtaining a class I or class II permit in compliance with its requirements. Such vested rights expire with the permit or, where such an agreement is approved, the development agreement. Vested rights are established for a development precisely as it was approved. Any change from the approved plans must be in compliance with the current version of this title.
C. Private Agreements: Adoption of this title does not nullify easements, covenants, and similar private agreements, but where any such agreement imposes requirements less restrictive than those adopted herein, the requirements of this title shall apply. (Ord. 159, 6-9-2010)