§ 25-1-542. CRITERIA FOR APPROVAL.

(A)

The director shall review a Type 1 (Chapter 245) petition for vested rights under the criteria described in this subsection.

(1)

General Standard. A permit application is entitled to development rights under Chapter 245 of the Local Government Code if the permit is required to initiate, continue, or complete a project for which a prior application was submitted to the City of Austin. An application is not entitled to development rights if it is unrelated to or inconsistent with the original project or if the original project has been completed, changed, or expired.

(2)

Review Criteria. In determining whether a petition meets the standard for approval under this subsection, the director shall consider the following factors:

(a)

The nature and extent of proposed development shown on the prior permit or other application that initiated the project for which vested rights are claimed;

(b)

Whether the permit application submitted in connection with the vested rights petition is related to and consistent with the original project;

(c)

The nature and extent of prior development of the property, including any permitting or construction activity that occurred subsequent to the vesting date requested by the applicant;

(d)

Any prior vested rights determinations made for development of the property; and

(e)

Whether the project has expired in accordance with Division 3 ( Expirations ) of this article or other applicable regulations.

(B)

The director shall review a Type 2 (Continuing Use) petition for vested rights under the criteria described in this subsection.

(1)

General Standard. A permit application is entitled to use rights under Section 43.002 of the Local Government Code to the extent that current regulations would prohibit:

(a)

continuing to use the land in the manner in which it was being used on the date the annexation proceedings were instituted, if the land use was legal at that time; or

(b)

beginning to use land in the manner that was planned before the 90 ^th day before the effective date of the annexation if:

(i)

one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and

(ii)

a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.

(2)

Review Criteria. In determining whether a petition meets the standard for approval under this subsection, the director shall consider the nature and extent of development that:

(a)

occurred on the property prior to initiation of annexation proceedings, including photographs or other evidence substantiating the use; or

(b)

was proposed in one or more required applications submitted to a governmental entity.

(3)

Date of Annexation. For purposes of this subsection, annexation proceedings are deemed to have been instituted on the date of the first public hearing before the city council on the annexation ordinance for the property.

(C)

The criteria in this section are intended to assist the director in reviewing Type 1 (Chapter 245) and Type 2 (Continuing Use) petitions for vested rights, but do not limit the director from considering other factors relevant to the determination of rights for a particular project. The director may consider whether a project is entitled to common law vested rights if the project is not subject to Chapter 245 or Section 43.002 of the Local Government Code.

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