14.20.180 Vesting of Applications.
A. Purpose. The purpose of this section is to implement local vesting regulations that are best suited to the needs of the City and consistent with state law. This section is intended to provide property owners, permit applicants, and the general public assurance that the development regulations for project development will remain consistent during the life of an application.
B. Vesting. An application for a land use, project, or other development permit or approval type which vests shall be considered under the development regulations in effect on the date the application is determined to be fully complete pursuant to SMC 14.20.110. Once an application is approved and a permit is issued the project is vested to the regulations under which the application was reviewed.
C. Applications which Vest. The following applications for a permit or approval types as set forth in this title and SMC Title 19 shall vest to the development regulations in effect at the time the application is determined to be complete pursuant to SMC 14.20.110:
1. Binding site plan.
2. Boundary line adjustment.
3. Building permit.
4. Conditional use permit.
5. Development agreement.
6. Fence permit.
7. Flood hazard area development permit, subject to the requirements of the National Flood Insurance Program where applicable.
8. Retaining wall permit.
9. Shoreline.
a. Conditional use permit.
b. Substantial development permit.
c. Variance.
10. Site civil permit.
11. Site development plan.
12. Subdivisions.
a. Preliminary fee simple unit lot subdivision.
b. Preliminary subdivision (preliminary plat).
c. Preliminary short subdivision (preliminary short plat).
d. Planned residential development.
13. Sign permit.
14. Sidewalk use permit.
15. Variance.
a. Minor.
b. Major.
D. Subsequent Applications. Development permit applications related to the development identified in subsection (C) of this section that are submitted after the initial application shall vest to the development regulations in effect at the time the initial application for development identified in subsection (C) of this section was determined to be complete pursuant to SMC 14.20.110. However, any subsequent permit application must be determined to be complete pursuant to SMC 14.20.110 prior to the expiration date of the initial permit(s) or approval(s) issued for the application types listed in subsection (C) of this section.
E. Exceptions. The provisions of this section shall not be applicable to applications for the following permit or approval types, including when the application is a subsequent application to an initial application that has vested. However, if vesting is provided elsewhere in this code or in state and federal regulations, they may be applicable.
1. All permit or approval types set forth in SMC Title 15;
2. All permit or approval types set forth in SMC Title 20;
3. Wireless telecommunication facilities permits as set forth in Chapter 14.242 SMC;
4. Comprehensive Plan amendments as set forth in this title;
5. Rezones as set forth in this title; and
6. Temporary permits as set forth in Chapter 14.60 SMC.
F. For the purpose of this section, “development regulation” means those provisions of Snohomish Municipal Code that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use but shall not include:
1. Permit processing fees and taxes or administrative fees;
2. Procedural rules and regulations; and
3. Regulations that specify or are based upon adopted SEPA policies for the exercise of SEPA substantive authority, including the SEPA ordinance.
G. A complete building permit application shall always be subject to that version of SMC Title 19 in effect at the time the building permit application is submitted.
H. Notwithstanding any other provision in this section, any application dependent on approval of a rezone, Comprehensive Plan amendment, variance, or conditional use application shall not vest until the underlying rezone, Comprehensive Plan amendment, variance, or conditional use application is approved.
I. Review of a project proposal during a pre-application process and/or conference does not vest the application.
J. Stormwater regulations cannot be vested through the provisions of this section.
K. Fees, including, but not limited to, environmental impact mitigation fees, permit processing fees, latecomer agreement fees, and taxes or administrative fees cannot be vested through the provisions of this section.
L. All vested rights associated with a permit application or permit are lost when that application or permit expires as provided for in SMC 14.20.120. (Ord. 2338, 2017)