15.02.810 Vested rights.
Unless provided otherwise by this section, an application for a land use permit or other project permit shall be considered under the development regulations in effect on the date of filing of that complete application.
A. Project permit applications shall not include preapplication submittals or materials, conceptual site plan reviews, or applications or requests to the planning director for interpretations.
B. For purposes of this section, “date of filing of the complete application” shall mean the date on which the applicant files a project permit application that contains all required information and documents. If the planning director determines that an application is not technically complete, the “date of filing of complete application” shall mean the date on which the applicant submits a technically complete application (Section 15.01.040).
C. Subdivision and Short Subdivisions. A project permit application for development or use of land subject to an unexpired subdivision or short subdivision approval shall follow the requirements of Chapter 58.17 RCW.
D. SEPA Determinations and Vesting. Development regulations could be revised or adopted during the time between the issuance of a SEPA determination and a building or construction permit application. Where conditions identified in the SEPA determination are based on adopted development regulations, the proposal is required to comply with the development regulations in effect at the time a complete building or construction permit application (or other application which by law vests development requirements) is filed.
E. For purposes of this section, “development regulations” shall mean those ordinances and regulations that control or affect the type, degree, or physical attributes of land development or use, including the unified development code, and shall not include the following:
1. Permit processing fees and taxes or administrative fees;
2. Ordinances or regulations that specify or are based upon adopted SEPA policies for the exercise of SEPA substantive authority, including the SEPA ordinance (Chapter 19.43);
3. Regulations that affect the procedure through which a project permit application is processed or considered, including but not limited to this chapter; and
4. Any ordinance or regulation that, by its terms, applies to developments or uses that exist on the effective date of that ordinance or regulation. (Ord. 3774-20 § 3 (Exh. 2), 2020.)