§ 38-65. Duration.  


Latest version.
  • (a)

    A zoning right that has been vested as provided in this article shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to subsection (b) of this section. This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

    (b)

    Notwithstanding the provisions of subsection (a) of this section, the approval authority may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the approval authority at the time the site specific development plan is approved.

(Ord. of 10-14-1991, § 5)