12-764.   Same; development rights,vesting of.(a) For development rights vested prior to July 1, 2009:

      (1)   For thepurpose of single-family residential developments, development rights in suchland use shall vest upon recording of a plat of such land. If construction isnot commenced on such land within five years of recording a plat, thedevelopment rights in such shall expire.

      (2)   For all purposes other than single-family developments, the right to useland for a particular purpose shall vest upon the issuance of all permitsrequired for such use by a city or county and construction has begun andsubstantial amounts of work have been completed under a validly issued permit.

      (3)   The governing body may provide in zoning regulations forearlier vesting of development rights, however, vesting shall occur inthe same manner for all uses of land within a land-use classificationunder the adopted zoning regulations.

      (b)   For development rights vested on and after July 1, 2009:

      (1)   For the purpose of residential developments,development rights in such land use shall vest upon recording of a plat of suchland. If construction is not commenced on such land within10 years of recording a plat, the development rights in such shallexpire. For purposes of this section,residential developments may include single family housing; multiple familyhousing such as apartments, duplexes, townhomes and similar configurations;condominiums; and manufactured and modular homes.

      (2)   For all purposes other than residential developments, the right to useland for a particular purpose shall vest upon the issuance of all permitsrequired for such use by a city or county and construction has begun andsubstantial amounts of work have been completed. If substantial amounts of thework have not been completed within 10 years of the issuance of such permits,the development rights shall expire.

      (3)   The governing body may provide in zoning regulationsfor earlier vesting of development rights, however, vesting shall occur inthe same manner for all uses of land within a land-use classification under theadopted zoning regulations.

      History:   L. 1991, ch. 56, § 21;L. 2009, ch. 84, § 1; July 1.