Appendix 302. Development in progress.

(a)

Time period. Within the first year from the date that a parcel is first zoned by County Council, any development project which has plans under review by a public regulatory agency, or which can substantiate that significant development planning is in progress based on information provided in (c) Submittal Requirements (below), may apply for "grandfathering," except for any project which constitutes a public nuisance and/or any project which violates the provisions of Sections 519 and 521.

(b)

Procedure. Applications for "grandfathering" shall be submitted to the Planning Commission for review and recommendation to County Council without charge. In making a recommendation to "grandfather," the Planning Commission shall consider information provided by the applicant under (c) Submittal Requirements (below), compatibility with existing land use, the Comprehensive Plan and the public health, safety and welfare. Notification procedures—posting of property and newspaper advertising—are the same as those followed in accordance with Article XIII Amendments, except that, once the Planning Commission makes a recommendation to County Council, County Council may approve applications for "grandfathering" by resolution with one (1) reading and a public hearing.

(c)

Submittal requirements. The following information shall be provided with each application for "grandfathering:"

(1)

Reference and comment to the specific sections of the zoning ordinance which allegedly interfere with the development the property.

(2)

A statement providing the total investment made in the project, including all costs incurred before zoning the property. The costs may include:

a.

Land acquisition;

b.

Work performed by professional land planners, architects, engineers, surveyors and attorneys as evidenced by recorded plats and sealed engineering drawings;

c.

The cost of on-site and off-site infrastructure improvements to service the project.

(3)

Documentation of any dedication of property made to public entities in accordance with the approved overall development plan for the project.

(4)

Whether infrastructure improvements which have been installed have been sized to accommodate use as approved in the overall development plan.

(5)

The acreage of the approved, final overall development plan with phases.

(6)

Whether the completion of the project has been timely and diligently pursued.

(7)

The effect of the applicant's existing development loans on the application of zoning to the project.

(d)

Revocation of "grandfathered" status. The completion of a project shall be deemed not-diligently-pursued if within one (1) year after "grandfathering," no additional activity of a development planning nature can be shown, or a building permit has not been obtained. The Planning Commission may then recommend to County Council that the "grandfathered" status be revoked.

(Ord. No. 51-99, § 2, 12-7-99; Ord. No. 143-00, § 1, 1-2-01)