42-364. Common Law Vested Rights

  1. Purpose. A Common Law Vested Right is a right established by common law to undertake and complete the development and use of property based on substantial expenditures in good faith reliance on a valid governmental approval. Any request for a Common Law Vested Right will be reviewed and acted upon by the Planning Director in accordance with the requirements and procedures set forth in this subsection.
  2. Application. The applicant must provide proof of each of the following provisions:
    1. A valid governmental permit has been obtained for the specific project;
    2. The developer made a substantial expenditure in reliance upon the permit;
    3. The developer was acting in good faith; and
    4. The developer suffers harm if required to comply with the new rules.
  3. Staff Review. The Planning Director shall review the evidence submitted as proof demonstrating the existence of each of the four (4) provisions above. All of these provisions shall be met in order to approve a Common Law Vested Right.
  4. Appeals. An appeal of the Planning Director’s determination of the existence of a Common Law Vested Right shall be heard in a quasi-judicial hearing conducted by the Zoning Board of Adjustment (ZBA).