Sec. 650.503. - Common law vested rights.

(a) Criteria for determination of common law vested rights. Nothing in this Part shall be construed to abrogate validly existing vested rights. Accordingly, an applicant's right to complete development of a particular type, use, density or intensity is vested for purposes of consistency with the comprehensive plan if the applicant can demonstrate, by substantial competent evidence, to the satisfaction of the Director, that such applicant: (1) Has acted in good faith and in reasonable reliance; (2) Upon a valid, unexpired act or omission of the City; and (3) Has made such a substantial change in position that it would be highly inequitable or unjust to destroy the rights he has acquired. The following shall not be considered development expenditures or obligations in and of themselves: expenditures for legal or other professional services which are not related to the design or construction of improvements, taxes paid, or expenditures related to the acquisition of land. (b) Planned Unit Developments (PUDs) may be deemed vested where development has commenced and is continuing in good faith. For the purposes of this Section, it is determined that the adoption of an ordinance approving a Planned Unit Development (PUD) pursuant to Section 656.340 , Ordinance Code prior to the effective date of the comprehensive plan, or any amendment thereto may constitute substantial competent evidence which is sufficient to demonstrate that the requirements of subsections (a)(1), (2) and (3) of this Section have been met, provided the applicant also demonstrates, by substantial competent evidence, to the satisfaction of the Director, that development pursuant to the PUD ordinance has commenced and is continuing in good faith in accordance with the written description of the intended plan of development, site plan and conditions approved as part of the ordinance creating the PUD. (c) Continuing in good faith. For purposes of this Section, in making a determination as to whether a development is continuing in good faith, the following criteria shall be considered: (i) A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development. (ii) A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursuant on a regular and continual basis which furthers the progress of the development. (iii) The criteria referenced in (i) and (ii) above shall not preclude a determination that development is continuing in good faith based upon facts and circumstances of a particular development. (Ord. 91-1016-425, § 9)