Section 6.30 Vested Rights

• Library: Local Government Deskbook (2017 Ed.)

B. (§6.30) Vested Rights

The concept of “vested rights” is that if a development in progress qualifies as a substantial investment in an existing use, it may be sufficient to constitute a valid nonconforming use when there is a zoning change. Vested-rights issues may arise when a zoning ordinance is amended to prohibit some aspect of a development already underway or when jurisdiction of the property shifts to another governing body with a substantially different set of zoning regulations. In these circumstances, courts will apply principles of fairness and equity to permit completion of the development even though not technically constituting a lawful preexisting nonconforming use...