§ 42-105. Vested rights.

(a)

It is not the intent of this division to abrogate, diminish or modify the rights of any persons that have vested rights pursuant to a valid governmental act of the city. An applicant may petition the city commission for a vested rights determination which would exempt the applicant from the provisions of this division. Such petition shall be evaluated by the city attorney and a recommendation thereon submitted to the city commission based on the following criteria:

(1)

There exists a valid, unexpired governmental act of the city authorizing the building for which a certificate of occupancy is sought.

(2)

Expenditures or obligations made or incurred in reliance upon the authorizing act are reasonably equivalent to the fee required by section 42-100.

(3)

That it would be inequitable to deny the applicant the opportunity to build a previously approved building under the conditions of the previous approval by requiring the applicant to comply with the requirements of the division.

(b)

If an applicant has previously entered into a development agreement with the city with conditions regarding recreational facility improvements, the applicant or his successor in interest may request a modification of the prior development agreement in order to bring the conditions into consistency with this division. Any request for such modification must be filed with the city manager within one year of the effective date of this division [December 10, 1998].

(Code 1988, § 11.5-60; Ord. No. 98-87, § 10, 12-10-98)