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Foster City Zoning Code

ARTICLE XI

VESTED RIGHTS9


Footnotes:
--- (9) ---

State Law reference— Vested rights, G.L. 1956, § 45-24-44.


Sec. 38-466.- Generally.

An applicant shall be vested, and an application shall be deemed substantially complete for the purposes of this article if the following occurs.

(Ord. of 6-23-1994, art. XIV, (intro. ¶))

Sec. 38-467. - Development not requiring planning board or zoning board approval.

Where no planning board approval or zoning board approval is required, an applicant is vested when the building official certifies that the application (for a building permit) is complete. The applicant is vested under this chapter and regulations in effect at the time of certification, not on the date of the application.

(Ord. of 6-23-1994, art. XIV, § 1; Ord. of 2-22-2024(26))

Sec. 38-468. - Development requiring planning board approval.

Where only planning board approval is required, an applicant is vested on the date that the planning board certifies the application is complete. The applicant is vested under this chapter and regulations in effect at the time of certification, not the date of application.

(Ord. of 6-23-1994, art. XIV, § 2)

Sec. 38-469. - Development requiring zoning board approval.

Where only zoning board approval is required, an applicant is vested when the planning board certifies that the application is complete pursuant to article IX of this chapter. The applicant is vested under this chapter and regulations in effect at the time of certification, not the date of application.

(Ord. of 6-23-1994, art. XIV, § 3)

Sec. 38-470. - Development requiring both planning and zoning approval.

Where approvals are required under chapter 32 or development plan review and under this chapter for development, an applicant is vested when the planning board certifies that the plans are complete under the guidelines and regulations of unified development review pursuant to chapter 32 and this chapter. The applicant is vested under this chapter and regulations in effect at the time of the certification, not the date of application.

(Ord. of 6-23-1994, art. XIV, § 4; Ord. of 1-25-2024(6))

Editor's note— An ordinance adopted Jan. 25, 2024 amended the title of § 38-470 to read as herein set out. The former § 38-470 title pertained to development requiring both planning board and zoning board approval.