(A) A zoning vested right shall be deemed established upon the valid approval of development plan, subdivision, special use permit or conditional district by the City Council or Board of Adjustment, as applicable of a site specific vesting plan, following notice and public hearing of the underlying application.
(B) The approving authority may approve a site specific vesting plan upon the terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.
(C) Notwithstanding divisions (A) and (B) above, approval of a site specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.
(D) A site specific vesting plan shall be deemed approved upon the effective date of the approval authority’s action or ordinance relating thereto.
(E) The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the city, including, but not limited to, Building, Fire, Plumbing, Electrical and Mechanical Codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this chapter.
(F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific vesting plan, all successors to the original landowner shall be entitled to exercise the right while applicable.
(2009 Code, § 155.306) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)