Zoning Ordinance

plan approval, secure permits, and commences site preparation within the 3-year vesting period.

• If the applicant obtains approval of a final development plan, secures permits, and commences site preparation within the 3-year vesting period, then the vesting period is extended an additional two years (to a total of five years) to commence construction from the date of preliminary plan approval. During the two year period, the applicant shall commence construction and maintain any necessary permits to remain vested.

• If construction commences within the 5-year vesting period following preliminary development plan approval, the development standards in effect on the date of approval remain in effect until final completion of the project, provided however, that the vesting period shall not exceed ten (10) years unless the City of Athens grants an extension through an ordinance or resolution; and provided further that the applicant maintain all necessary permits during the 10- year period.

• Multi-phase projects – A separate vesting period applies for projects proceeding in two or more sections or phases (as set forth in the development plan).The development standards in effect on the date of approval of the preliminary development plan for the first section or phase remain in effect for all subsequent sections or phases; provided the total vesting period does not exceed fifteen (15) years unless the City of Athens grants an extension through an ordinance or resolution; and provided that the applicant maintain all necessary permits during the 15-year period.

A vested property right attaches to and runs with the applicable property and confers upon the applicant the right to undertake and complete the development and use such property under the terms and conditions of a development plan, including any amendments thereto or under the terms and conditions of any building permit that has been issued with respect to the property.

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Embedded vesting-period table (transcribed from image)

Type of Project	Effective Date	Vesting Period	Total Vesting Period to Maintain Vested Rights	Required Actions
Building Permit (No development plan required)	Date of Issuance of Building Permit	Period authorized by the building permit	Period authorized by the building permit	Complete construction within period authorized by the building permit
Development Plan: Preliminary Development Plan	Date of Issue	3 Years	3 Years	Obtain Final Development Plan approval; secure permits; and commence site preparation
Development Plan: Final Development Plan	3 years from date of Preliminary Plan approval	2 Years	5 Years	Commence construction, maintain permits
Development Plan: Final Development Plan (continued)	5 years from date of Preliminary Plan approval	5 Years	10 Years	Complete construction; maintain permits
Development Plan: Multi-phase or sections	Date of Issue of Preliminary Development Plan	Separate vesting period for each phase or section	15 Years	Complete construction for each phase; maintain permits

[The image uses merged cells; repeated group labels and “continued” clarify those relationships.]

Source page 136 visual reference