Chapter 15.28
VESTED RIGHTS
Sections:
15.28.010 General vesting rule.
15.28.020 Unexpired subdivisions and short subdivision approvals.
15.28.030 Time lag in applying for building permits.
15.28.010 General vesting rule.
Unless provided otherwise by this section, an application for a land use permit or other project permit shall be considered under the development regulations in effect on the date of filing of that complete application.
A. Project permit applications shall not include preapplication submittals or materials, conceptual site plan reviews, or applications or requests to the director for interpretations.
B. For purposes of this section, “date of filing of the complete application” shall mean the date on which the applicant files a project permit application that contains all required information and documents. If the director determines that an application is not technically complete, the “date of filing of complete application” shall mean the date on which the applicant submits a technically complete application under Chapter 15.20, Procedures for Processing Permit Applications.
C. For purposes of this section, “development regulations” shall mean those ordinances and regulations that control or affect the type, degree, or physical attributes of land development or use, including the zoning code, and shall not include the following:
1. Permit processing fees and taxes or administrative fees;
2. Ordinances or regulations that specify or are based upon adopted SEPA policies for the exercise of SEPA substantive authority, including the SEPA ordinance (Chapter 20.04);
3. Regulations that affect the procedure through which a project permit application is processed or considered, including but not limited to this title; and
4. Any ordinance or regulation that, by its terms, applies to developments or uses that exist on the effective date of that ordinance or regulation. (Ord. 2530-01, Ch. 7(A), 2001)
15.28.020 Unexpired subdivisions and short subdivision approvals.
A project permit application for development or use of land subject to an unexpired subdivision or short subdivision approval shall be considered as follows:
A. The project permit application shall be considered under the development regulations in effect on the date of filing of the complete application for the project permit application; provided, that the provisions of RCW 58.17.170 shall dictate the development regulations applicable to a project permit application for development or use of land subject to an unexpired subdivision approval (this proviso shall not apply to land subject to an unexpired short subdivision approval).
B. Notwithstanding subsection A of this section, if:
1. The application for the unexpired subdivision or short subdivision disclosed an intended use;
2. The project permit application is consistent with that intended use; and
3. Application of a development regulation under subsection A of this section to the project permit application would preclude realization of the use disclosed in the application for the unexpired subdivision or short subdivision, the project permit application shall be considered under the version of that development regulation in effect on the date of filing of the complete application for preliminary approval of the unexpired subdivision or short subdivision.
For purposes of this subsection, “unexpired” shall mean an approval that is still valid under city code. (Ord. 2530-01, Ch. 7(B), 2001)
15.28.030 Time lag in applying for building permits.
There may be a time lag between the issuance of a SEPA determination and a building or construction permit application. Development regulations could be revised or adopted during this time. Where conditions identified in the DNS are based on adopted development regulations, the proposal is required to comply with the development regulations in effect at the time a complete building or construction permit application (or other application which by law vests development requirements) is filed. (Ord. 2530-01, Ch. 7(C), 2001)