City of Bellingham Municipal Code

21.10.260 - VESTING

A. Vesting of Land Use Applications. 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 as defined in BMC 21.10.120A. This section does not establish vesting rules for impact fees.

B. Exceptions.

1. If a comprehensive plan amendment or rezone is required, any previously submitted land use permit application shall be considered under the laws, ordinances and standards in effect on the date that such zoning or plan amendment is final.

2. An application for a land use approval may be denied or approved with conditions under the authority of the City to protect and enhance the public safety, health and welfare, and under the State Environmental Policy Act (SEPA) and the City of Bellingham’s SEPA regulations and policies as of the date of vesting.

1. Except for lot line adjustments, short subdivisions, preliminary plats, general binding site plans, planned developments or where a different duration of approval is established by city ordinance, executed development agreement or state or federal law, the vested status of an approved land use permit under Process Type I, II, III or VII shall expire two years from the date of the City’s final decision, unless a complete building permit application is filed before the end of the two-year term.

2. Planned development approvals shall expire five years from the date of the City’s final decision unless a complete building permit application is filed before the end of the five-year term or the applicant has obtained an extension from the Planning Director. The Director may grant one extension of up to two years.

3. If a complete building permit application is filed prior to the expiration of the land use permit, the vested status of the permit 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 cancelled, the vested status of the permit or approval shall also expire or be cancelled. If a building permit is issued and subsequently renewed, the vested status of the subject permit or approval under the permit shall be automatically extended for the period of the renewal.

1. The Planning and Community Development Director shall grant a one-time 2 year extension, from the date of expiration, of the vested status of an issued land use approval under Process Type I, II, III, or VII or a Whatcom County issued land use approval on a property that has been annexed into the City of Bellingham if all of the following criteria are met:

a. The applicant files a written extension request with applicable fee on forms provided by the City by no later than December 31, 2011;

b. The extension request includes a sworn declaration that the work authorized by the land use approval will be delayed as a result of an inability to secure financing; and

c. The extension request is for an issued land use approval set to expire between January 1, 2010 and December 31, 2011.

2. To the extent the applicant has not obtained an extension identified in BMC 21.10.260 C., BMC 18.04.100, or BMC 18.16.110 prior to applying for this one-time extension, the applicant may utilize these other extensions upon conclusion of this 2 year one-time extension. Requests for these other extensions shall be submitted to the City prior to the expiration of the one-time 2 year extension.