(A) Vested rights to proceed with any development initiated prior to the adoption and effective date of these regulations shall be established only by:
(1) Having obtained a zoning permit issued by the city under prior regulations; or
(2) In the case of a subdivision, having been issued a finding of sufficiency for a preliminary plat in compliance with the State Subdivision and Platting Act and city subdivision regulations. Approval or conditional approval of a preliminary plat establishes a right to proceed with a final plat under state law and local subdivision regulations. Approval or conditional approval of a preliminary plat, or recording of a final plat, does not establish a vested right for any particular use or development standards that might have existed under prior regulations.
(B) Vested rights to proceed with development under the provisions of these regulations shall be established only by:
(1) In the case of a subdivision, recording a final plat in full compliance with the State Subdivision and Platting Act, being MCA §§ 76-3-101 et seq., and local regulations, or as applicable; and
(2) Having a valid zoning permit in full compliance with these regulations. Permits may expire pursuant to 153.27 of this chapter or be revoked pursuant to 153.28 of this chapter. Any vested rights to proceed with development expire, or are revoked, with the zoning permit.
(Ord. 2025-03, passed 9-15-2025)
Boulder City Zoning Code
§ 153.06
VESTING.
(A) Vested rights to proceed with any development initiated prior to the adoption and effective date of these regulations shall be established only by:
(1) Having obtained a zoning permit issued by the city under prior regulations; or
(2) In the case of a subdivision, having been issued a finding of sufficiency for a preliminary plat in compliance with the State Subdivision and Platting Act and city subdivision regulations. Approval or conditional approval of a preliminary plat establishes a right to proceed with a final plat under state law and local subdivision regulations. Approval or conditional approval of a preliminary plat, or recording of a final plat, does not establish a vested right for any particular use or development standards that might have existed under prior regulations.
(B) Vested rights to proceed with development under the provisions of these regulations shall be established only by:
(1) In the case of a subdivision, recording a final plat in full compliance with the State Subdivision and Platting Act, being MCA §§ 76-3-101 et seq., and local regulations, or as applicable; and
(2) Having a valid zoning permit in full compliance with these regulations. Permits may expire pursuant to 153.27 of this chapter or be revoked pursuant to 153.28 of this chapter. Any vested rights to proceed with development expire, or are revoked, with the zoning permit.