(A) 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:
(1) Obtains or is the beneficiary of a significant affirmative government act that remains in effect allowing development of a specific project;
(2) Relies in good faith on the significant affirmative government act; and
(3) Incurs significant obligations and expenses in the diligent pursuit of the specific project in reliance on the significant affirmative government act.
(B) For purposes of this section, the following are significant affirmative governmental acts allowing development of a specific project:
(1) The local governing body has accepted exactions or issued conditions that specify a use related to a zoning amendment;
(2) The local governing body has approved an application for a rezoning for a specific use;
(3) The local governing body has approved an application for a density or intensity of use;
(4) The local governing body has granted a special exception or use permit with conditions;
(5) The local governing body has approved a variance;
(6) 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
(7) The local governing body or its designated agent has approved a final subdivision plat, site plan or plan of phased development or phase thereof for the landowner’s property.
(Ord. 2405, passed 6-6-05)