Land Development Code :: Back to Table of Contents

Section 1209.04    Governing Ordinances, Rules, Regulations, and Official Policies (Vesting of Property Rights)

  1. Prevailing at the Time of Execution
    Unless otherwise provided by the development agreement, the ordinances, rules,
    regulations, and official policies applicable to development of the subject property
    and governing the following areas:
    1. Permitted uses of the land,

    2. Density, and

    3. Design, improvement, and construction standards and specifications,
      shall be those ordinances, rules, regulations, and official policies in force at
      the time of execution of the agreement.

  2. Subsequently Enacted Regulations--General Rule and Exceptions
    1. General Rule. Ordinances, rules, regulations, and official policies that
      govern permitted uses of the land, density, and design, improvement, and
      construction standards and specifications, and that are enacted subsequent to
      execution of the development agreement, shall not be enforced against the
      subject property.

    2. Exceptions. Notwithstanding paragraph (1) above, a development agreement
      shall not prevent the City, in subsequent actions, from applying any of the
      following to the subject property:
      1. New ordinances, rules, regulations, and policies that do not conflict
        with those rules, regulations, and policies applicable to the subject
        property as set forth in the development agreement;
      2. New ordinances, rules, regulations, and policies that are specifically
        anticipated and provided for in the development agreement;
      3. New ordinances, rules, regulations, and policies that are necessary to
        address a significant and immediate threat to the public health, safety,
        and welfare; or
      4. New ordinances, rules, regulations, and policies when the City finds
        that the development agreement is based on substantially inaccurate
        information supplied by the developer.