§ 340-67
Vested rights
- A. Subdivisions and land development projects.
- (1) A subdivision and/or land development project plan which has received the following approvals shall be vested for a period of five years from the date of approval and therefore protected from amendment or reenactment of this chapter.
- (a) Master plan approval for major subdivisions and/or development projects.
- (b) Preliminary approval for minor subdivisions and land development projects.
- (c) Preliminary approval for administrative subdivisions.
- (2) The plan must be recorded and construction on the subdivision and/or land development project improvements must begin within the first year of approval and all lots must be built upon within 10 years. Relief from the "all lots" construction provision of this subsection may be granted by the Zoning Board of Review provided evidence is furnished exhibiting that a substantial number of the lots have been "built upon" within the required time frame.
- (1) A subdivision and/or land development project plan which has received the following approvals shall be vested for a period of five years from the date of approval and therefore protected from amendment or reenactment of this chapter.
- B. Building permit. Any building permit for a nonconforming use, which was legally issued prior to the enactment or subsequent amendment of this chapter, will expire if not activated within one year plus a one-time, six-month Zoning Board of Review approved extension from the date of such issuance.
- C. Termination of vesting. Upon termination of the vested period, any abutting nonconforming lots in common ownership shall be merged to conform with current zoning requirements unless relief has been granted by the Zoning Board of Review prior to the expiration of the vesting period.