10-1-12: VESTED RIGHTS:
Except as otherwise provided in this section, a person who submits a complete application pursuant to the provisions of this title is entitled to have such application considered on the basis of provisions in effect when the application is submitted.
   A.   Complete Application: An application shall be deemed "complete" when all materials required for the application have been submitted, as set forth in this title.
   B.   Substantial Action On Application: If within one year after an application has been submitted the applicant has not taken substantial action to pursue approval of the application, the application shall expire and any vested rights thereunder shall terminate.
   C.   Pending Ordinance Amendments: If a zoning map or text amendment to this title which may affect an application is pending when the application is submitted, the applicant shall not be entitled to rely on such provisions but may be required to comply with newly enacted provisions, as set forth below:
      1.   A proposed amendment shall be deemed "pending" when the amendment proposal first appears on a duly noticed planning commission or city council agenda, whichever is sooner.
      2.   An application affected by a pending amendment shall be subject to the following requirements:
         a.   The application shall not be acted upon until six (6) months from the date when the pending amendment was first noticed on a planning commission or city council agenda unless:
            (1)   The applicant voluntarily agrees to amend his application to conform to the requirements of the proposed amendment; or
            (2)   The proposed amendment is sooner enacted or defeated, as the case may be.
         b.   If a pending amendment is enacted within six (6) months after being noticed on a planning commission or city council agenda, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.
         c.   If a pending amendment to this title is not enacted within six (6) months after being noticed on a planning commission or city council agenda, the amendment shall no longer be considered pending and any affected application may be considered without regard to the previously pending amendment. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
   D.   Preservation Of A Vested Right:
      1.   An applicant who has a vested right under this title shall proceed with reasonable diligence to exercise development rights authorized by an approved application. Failure to proceed with reasonable diligence on an approved application prior to the expiration date of such application, as set forth in this title, shall terminate vested rights associated with such application. (Ord. 2005-15, 7-21-2005)
      2.   An applicant with vested rights shall continually conform to all conditions of approval of an application. An applicant's failure to do so shall constitute the applicant's knowing and wilful waiver of the applicant's vested rights under such application.
   E.   Extent Of Vested Rights: An application approved under this title only authorizes the thing applied for under the application. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
   F.   Termination Of A Vested Right: A vested right may be voided if the land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by recognition of the vested right. (Ord. 2005-15, 7-21-2005)
   G.   Applicability Of Generally Applicable Ordinances: Generally applicable provisions of this title and other city ordinances and regulations shall apply to all property, notwithstanding the establishment of a vested right. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)