Zoning Ordinance

public health, safety or welfare of the community and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the City of Athens, by the applicant using vested property rights;

• Upon the written determination by the City of Athens of Athens of the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified in the development plan or building permit, and which hazard, if uncorrected, would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;

• A development standard is required by federal or state law, rule, regulation, policy, corrective action, order, or other type of governance that is required to be enforced by the City of Athens, regardless of nomenclature; or

• A City of Athens is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, permit, order, or other type of governance, regardless of nomenclature.

Development Plan Amendment

An amendment to an approved development plan by the applicant must be approved by the City of Athens to retain the protections of the vested property right. An amendment may be denied based upon a written finding by the City of Athens that the amendment:

• Alters the proposed use;

• Increases the overall area of the development;

• Alters the size of any nonresidential structures included in the development plan;

• Increases the density of the development so as to affect traffic, noise or other environmental impacts; or

• Increases any local government expenditure necessary to implement or sustain the proposed use.

If an amendment is denied by the City of Athens based upon such a written finding, then the applicant may either proceed under the prior approved plan with the associated vested property right or, alternatively, allow the vested property right to terminate and submit a new application. Notwithstanding the foregoing, a vested property right shall not terminate if the City of Athens determines, in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right.

Waiver Rights Prohibited

A City of Athens may not require an applicant to waive the applicant's vested rights as a condition of approval, or as a consideration of approval, of a development plan or the issuance of a building permit.

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