The City may alter certain private property rights by amending this title from time to time as provided for in section 10-3-1 of this title.
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. Application: Submission of a complete application to develop property that is consistent with this title; and
2. Fees: Payment of all applicable permit fees.
B. What Rights Vest: The applicant's rights vest under this title 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 of this section, 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. Pending Revisions: Revisions to this title are pending at the time of application which would prohibit or further condition the approval sought; or
2. Health, Safety: 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 wilful 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. (Ord. 19-07, 9-3-2019)