§ 25-1-541. VESTED RIGHTS DETERMINATION.

(A)

Not later than 10 working days after acceptance of a complete vested rights petition, the director shall review the petition under Section 25-1-542 ( Criteria for Approval ) and render a determination consistent with the requirements of this section.

(B)

In acting on a petition, the director may:

(1)

approve the petition and require the development applications necessary to initiate, continue, or complete the project to be reviewed in accordance with regulations in effect on the vesting date, except for those regulations exempt from vesting under state law;

(2)

deny the petition and require the development application associated with the project to be reviewed under current regulations of this title; or

(3)

approve the petition in part, as authorized by Subsection (C) of this section.

(C)

The director may approve a petition in part if a project is legally entitled to some, but not all, of the rights asserted in the petition, or if a change in the scale or intensity of development is necessary to maintain conformity with the original project. A vested rights determination may not waive or modify applicable regulations or provide relief not required by Chapter 245 or Section 43.002 of the Local Government Code.

(D)

The director shall provide a written determination to the applicant, which must state:

(1)

Whether the petition is approved or denied, in whole or in part, and the basis for the decision;

(2)

Findings of fact in support of the decision and information sufficient to identify the permit or fair notice application on which the petition is based; and

(3)

If the petition is approved:

(a)

a description of the project for which vested rights are recognized; and

(b)

a vesting date.

(E)

An applicant may request that the director reconsider a vested rights determination at any time before the application expires under Section 25-1-82 ( Application Requirements and Expiration ). The director's decision on a reconsideration request is final and not subject to further reconsideration.

(F)

A vested rights determination under this section does not affect the availability of a variance or other administrative remedy authorized by this title, but requesting a variance is not required to exhaust administrative remedies for purposes of challenging a determination by the director that a project is not entitled to vested rights.

(G)

The director shall make vested rights petitions submitted under Section 25-1-533 ( Vested Rights Petition Required ) and vested rights determinations issued under this section available on the City of Austin's website.

Source: Ord. 20140612-084, Pt. 2, 6-23-14 .