§ 28.11. Vesting of zoning and/or use permit.

Upon occurrence of one of the four conditions listed immediately below, a zoning and/or use permit shall be vested and such vesting shall be spread upon the minutes of the Board of Commissioners' meeting.

A.

Prior to the expiration of a land disturbance permit, a vesting determination may be made by the department that substantial progress (28.11.1) has been made toward the completion of on-site construction depicted on the site plan approved with the rezoning and/or use permit.

B.

Prior to the expiration of a building permit, a vesting determination is made by the department that substantial progress (28.11.1.) has been made toward the completion of a building depicted on the site plan approved with the rezoning and/or use permit.

C.

The issuance of a certificate of occupancy and/or permit for a use and/or structure specified in the approved conditions shall vest the zoning.

D.

The issuance of a business license for the approved use shall vest the zoning, but only when no new construction or land disturbance is approved and/or required as a condition of zoning.

28.11.1. Substantial progress. To demonstrate substantial progress for purposes of vesting a conditional zoning and/or use permit, one of the following must be fulfilled:

A.

The department may approve a construction schedule which includes at least 50 percent of the public improvements specified for one phase. Substantial progress shall have been demonstrated when, within one year of the date of the issuance of the land disturbance permit, the department observes normal progress toward the approved construction schedule.

B.

The department shall approve a construction schedule which includes at least the pouring of footings for a principal building. Substantial progress shall have been demonstrated when, within 6 months of the date of the issuance of the building permit, the department observes routine progress toward the approved construction schedule.

Refusal to certify that substantial progress has been achieved may be appealed in accordance with Article 22 of this Resolution.

28.11.2. Extensions. Extensions of zonings and/or use permits for any of the four qualifying conditions listed in this section shall be considered by the Board of Commissioners.

To qualify for an extension, the property owner must submit an application to the department at least 30 days prior to the expiration of a 36-month period beginning with the date of approval of a zoning and/or use permit.

The department shall prepare an analysis and recommendation as to whether the documentation in the application is sufficient based on one of the four criteria which may validate an extension request.

The department shall submit its recommendation to the Board of Commissioners.

No more than one two-year extension, per zoning and/or use permit case, may be granted for any of the qualifying conditions listed below (except a court action delay).

An extension may not be sought for less than the total acreage of the underlying zoning and/or use permit.

In every application for an extension, the owner(s) shall provide an affidavit documenting at least one of the following:

A.

A delay resulting from court action involving the zoning and/or use permit or a previous extension on the property for which an extension is sought. Extensions approved in connection with court action shall remain valid for one year beyond the granting of an order or the expiration of an appeal period before any court with jurisdiction.

B.

Non-availability of utilities or facilities resulting from government inaction. In those instances where wastewater facilities are available for a fraction of the desired capacity, or when capacity was available at some time during the three-year period, but not during the 60 days prior to expiration, the Board of Commissioners shall evaluate such case's qualifications for an extension on their individual merits considering any evidence that might indicate a diligent effort to proceed with development.

C.

A delay in development resulting from wetlands regulatory procedures requires the applicant to provide a copy of the application acknowledgment letter from the Savannah Regulatory Branch of the Corps of Engineers as documented evidence. Said application should have been filed at least 12 months before zoning and/or use permit expiration.

D.

An inability to obtain financing, despite documentation of the owner's efforts during the first year after zoning and/or use permit approval and continuing until one week prior to consideration of the extension request to the board. Documentation shall consist of two official denials signed by officers of two different lending institutions who have final jurisdiction over such financing transactions.