A. Purpose
The purpose of this section is to establish a procedure and standards for the Development Services Director, or his/her designee, when the Code is amended and the property owner expresses a desire to retain certain rights.
B. Applicability
1. Nothing in this section shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:
a. A governmental act of development approval was obtained prior to the effective date of this section or prior to the effective date of an amendment to this section; and
b. The property owner has detrimentally relied upon a governmental act of development approval and made a substantial change in position or has incurred extensive obligations and expenses; and
c. That it would be highly inequitable to deny the property owner the right to complete the development.
2. Except as provided by subsection 3. below, any property owner claiming to have vested rights under this section must file an application with the Development Services Department for a vested rights determination within 30 days after zoning in progress is declared.
3. Any property owner demonstrating vested rights as prescribed under this section shall not be subject to zoning in progress and shall be authorized to apply for orders and permits in accordance with a Vested Rights Determination made by the city. A copy of the Vested Rights Determination shall be filed with the City Clerk.
C. Procedure & Determination
1. Step 1: Pre-Application Conference.
Not applicable.
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
The application shall be accompanied by a fee and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation supporting the claim and any other documentary evidence required by the Director of Development Services or his/her designee or otherwise believed to support the claim.
4. Step 4: Staff Review and Action
Applicable to a final decision by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Not applicable.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Not applicable.
D. Appeal
An affected person may appeal the final decision of the Development Services Director to the Zoning Board of Appeals by filing a Notice of Appeal and appeal application with the Development Services Director, in accordance with the procedures outlined in Section 155.2424., Appeals.
(Ord. 2019-23, passed 1-22-19)