(A) Generally. This section applies to any application for development approval in which the applicant claims an exemption from any provision of this chapter based on common law or statutory vested rights or estoppel.
(B) Common law vested rights. Common law vested rights shall be acknowledged by the Code Enforcement Officer after consultation with the City Attorney if the applicant for common law vested rights does not demonstrate entitlement to statutory vested rights as provided in subsection (B)(2) below. The applicant for common law vested rights must show compliance with the following criteria for the specific project to acquire such rights:
(1) In reliance upon lawfully issued development approval, the applicant makes a substantial financial commitment or assumes substantial financial obligations within the purview of the activities authorized by said development approval;
(2) The applicant has proceeded in good faith, has relied upon the issuance of the development approval, and such development approval has not lapsed or been revoked;
(3) The applicant has established any other factor that may establish estoppel under state or federal law; and
(4) The applicant has obtained a favorable vested rights determination.
(Ord. 3020, passed 9-10-2013, § 8.20.1)