(A)
All non-conforming projects on which construction was begun at least 180 days before the effective date of this chapter as well as all non-conforming projects that are at least 25% completed in terms of the total expected cost of the project on the effective date of this chapter may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this division (A) shall apply only to the particular phase under construction.
(B) Except as provided in division (A) above, all work on any non-conforming project shall cease on the effective date of this chapter, and all permits previously issued for work on non-conforming projects shall be revoked as of that date. Thereafter, work on non-conforming projects may begin or may be continued only pursuant to a zoning, special use, or sign permit issued in accordance with this section by the individual or board authorized by this chapter to issue permits for the type of development proposed. The permit-issuing authority shall issue such a permit if it finds that the applicant has, in good faith, made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this chapter and thereby would be unreasonably prejudiced if not allowed to complete his or her project as proposed. In considering whether these findings may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations.
(1) All expenditures made pursuant to a validly issued and unrevoked building, zoning, sign or special use permit shall be considered as evidence of reasonable reliance on the land use law that existed before this chapter became effective.
(2) Except as provided in division (B)(1) above, no expenditures made more than 180 days before the effective date of this chapter may be considered as evidence of reasonable reliance on the land use law that existed before this chapter became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure.
(3) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property.
(4) To the extent that a non-conforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures.
(5) An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of:
(a) The total estimated cost of the proposed project; and
(b) The ordinary business practices of the developer.
(6) A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to him or her.
(7) Even though a person had actual knowledge of a proposed change in the land use affecting a development site, the permit-issuing authority may still find that he or she acted in good faith if he or she did not proceed with his or her plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The permit-issuing authority may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that:
(a) At the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and
(b) The developer had legitimate business reasons for making expenditures.
(C) The permit-issuing authority shall not consider any application for the permit authorized by division (B) above that is submitted more than 60 days after the effective date of this chapter. The permit-issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year.
(D) The permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section, so that construction work is not needlessly interrupted.
(E) When it appears from the developer's plans or otherwise that the non-conforming project was intended to be or reasonably could be completed in stages, segments or other discrete units, the permit-issuing authority shall not allow the non-conforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to ensure reasonable completion of the project.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)