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20.40.500 Vesting and expiration of vested status of land use permits and approvals.
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A. Vesting for Permits and Approvals.

1. Permits and Approvals Other Than Subdivisions and Short Subdivisions and Shoreline Permits. Applications for all land use permits and approvals except subdivisions and short subdivisions and shoreline permits (Shoreline Conditional Use, Shoreline Substantial Development Permit, and variance to the Shoreline Master Program) shall be considered under the Land Use Code and other land use control ordinances in effect on the date that a fully complete Building Permit application, meeting the requirements of BCC 23.05.090.E and 23.05.090.F, is filed. Vesting provisions for shoreline permits are provided in LUC 20.25E.250.C. If a complete Building Permit application is not filed, the land use permit or approval shall become vested to the provisions of the Land Use Code upon the date of the City’s final decision on the land use permit or approval.

2. Subdivisions and Short Subdivisions and Conditional Uses. An application for approval of a subdivision or short subdivision of land, as defined in LUC 20.50.046, or for a conditional use, as defined in LUC 20.50.014, shall be considered under the Land Use Code and other land use control ordinances in effect when a fully completed application is submitted for such approval which satisfies the submittal requirements of the Director specified pursuant to LUC 20.35.030.

B. Expiration of Vested Status of Land Use Permit or Approval.

1. The vested status of a land use permit or approval shall expire as provided in subsection B.2 of this section; provided, that:

a. Variances shall run with the land in perpetuity if recorded with King County Department of Records and Elections within 60 days following the City’s final action; and

b. Critical Areas Land Use Permits shall expire as set forth in LUC 20.30P.150; and

c. Lots in a subdivision or short subdivision shall be vested against changes in the Land Use Code, except for changes that address a serious threat to the public health or safety as found by the City Council when such change is adopted, for a period of five years following the date of recording of the final plat or final short plat; and

d. The time period established pursuant to subsection B.2 of this section shall not include the time during which an activity was not actively pursued due to the pendency of litigation which may materially affect rights of the applicant for the permit or approval related to that permit or approval; and

e. Expiration of shoreline permits shall occur pursuant to LUC 20.25E.250.C.

2. The vested status of a land use permit or approval shall expire two years from the date of the City’s final decision, unless:

a. A complete Building Permit application is filed before the end of the two-year term. In such cases, the vested status of the land use permit or approval shall be automatically extended for the time period during which the Building Permit application is pending prior to issuance; provided, that if the Building Permit application expires or is canceled pursuant to BCC 23.05.100, the vested status of a land use permit or approval shall also expire or be canceled. If a Building Permit is issued and subsequently renewed, the vested status of the land use permit or approval shall be automatically extended for the period of the renewal;

b. For projects which do not require a Building Permit, the use allowed by the permit or approval has been established prior to the expiration of the vested status of the land use permit or approval and is not terminated by abandonment or otherwise;

c. The vested status of a land use permit or approval is extended pursuant to subsection B.3 of this section; or

d. The vested status of a land use permit or approval is extended pursuant to:

i. LUC 20.30V.190 (Extended vesting period for Master Development Plans and associated Design Review approval); or

ii. A development agreement authorized by the terms of this Land Use Code to extend vested status.

3. When a Building Permit is issued, the vested status of a land use permit or approval shall be automatically extended for the life of the Building Permit. If the Building Permit expires, or is revoked or canceled pursuant to BCC 23.05.100 or otherwise, then the vested status of a land use permit or approval shall also expire, or be revoked or canceled. (Ord. 6425, 10-1-18, § 28; Ord. 6417, 5-21-18, §§ 63, 64; Ord. 6197, 11-17-14, §§ 31, 32; Ord. 6102, 2-25-13, § 10; Ord. 5683, 6-26-06, § 33; Ord. 4973, 3-3-97, § 874; Ord. 4816, 11-27-95, § 974)

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