Creation of vested rights

Nothing in this zoning code shall be deemed to require a change in the plans, construction or designated use of any project or part thereof, for which a valid special use permit, building permit, or certificate of occupancy was lawfully issued prior to the effective date of this zoning code, or any amendment thereto.

Applications for development that are substantially complete and have been submitted for approval to the appropriate review agency prior to the enactment of a new zoning code or amendment will be considered vested under this section and shall be reviewed under the regulations applicable in the zoning code in force at the time the application was submitted. Applications will be considered substantially complete if the application has been placed on the agenda of the zoning board of review, the planning board or the historic district commission or upon the request of the applicant a letter from the zoning officer certifying completeness has been issued. If an application for development under the provisions of this section is approved, development of the property must begin within six months of the issuance of the building permit and in no case shall development be halted for a continuous period of six months after that, unless it can be proven by the applicant that such hiatus in development activity is due to reasons beyond the applicant's control in which case the applicant must petition the director of public works for extension of the building permit. Failure to comply with the time constraints shall constitute the loss of all benefits resulting from being vested in addition to any other requirements as may arise out of such noncompliance.

(Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.12)