1.7 CREATION OF VESTED RIGHTS
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Fountain Green code is at http://fountaingreencity.gov/government/planning-and-zoning/index.html.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Fountain Green planning before you rely on it.
The City may alter certain private property rights by amending this Chapter from time to time as provided for in Chapter 3.
A. HOW RIGHTS VEST. Certain private property rights shall become fixed at law, and may not be altered for a period of time, upon an applicant’s:
1. Submission of a complete application to develop property that is consistent with this Chapter; and
2. Payment of all applicable permit fees.
3. An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
B. WHAT RIGHTS VEST. The applicant’s rights vest under this Chapter in those rights for which the applicant has applied. For example, if the applicant has applied for a subdivision, and has “vested rights” pursuant to subsection A. above, the applicant’s rights vest under the subdivision ordinance, and the applicant is entitled to the benefit of the subdivision
ordinance in effect at the time of vesting. An applicant’s vested rights under the subdivision ordinance, however, do not vest the applicant under an adopted building, fire, or plumbing code, because the applicant has not submitted a complete application for the applicable permit, nor paid applicable fees. Applications shall not vest if:
1. Revisions to this Chapter are pending at the time of application which would prohibit or further condition the approval sought; or
2. There exists a compelling and countervailing health, safety, or welfare reason.
C. PRESERVATION OF VESTED RIGHTS/COMPLIANCE WITH CONDITIONS OF APPROVAL. An applicant with vested rights must comply with and maintain all conditions of final approval to preserve the vested rights. An applicant’s failure to meet or maintain conditions of approval constitutes the applicant’s knowing and willful waiver of the applicant’s vested rights.
D. APPLICABILITY OF ORDINANCES THAT ARE GENERAL IN NATURE. The establishment of a vested right shall not preclude the application of City ordinances or regulations that are general in nature, applicable to all property subject to land use regulation, and necessary to preserve the health, safety, or welfare of the community.
E. REQUIREMENTS TO BE APPLIED. Fountain Green City shall not impose on a holder of an issued land use permit a requirement that is not expressed:
1. In the land use permit or in documents on which the land use permit is based; or
2. In the City’s ordinances.
F. CERTIFICATE OF OCCUPANCY NOT TO BE WITHHELD. Fountain Green City will not withhold issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed:
1. In the building permit or in documents on which the building permit is based; or
2. In the City’s ordinances.
G. REASONABLE DILIGENCE. The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.