§ 23-769. Vested rights.  


Latest version.
  • a. Any public facilities impact construction for which a building permit meeting all appropriate requirements for issuance was applied prior to June 20, 1995, shall be exempt from the provisions of this division. The owner of such public facilities impact construction is entitled to a vested rights exemption.

    b. In the event that a building permit for a public facilities impact construction applied for prior to June 20, 1995 expires or is revoked, then such public facilities impact construction shall not be entitled to a vested rights exemption for any subsequently issued building permit for such public facilities impact construction.

    c. Any written agreement entered into prior to June 20, 1995 between an owner and the city which establishes, restricts or prohibits the imposition of impact fees by the city, shall be binding upon the city and shall not be subject to the provisions of this division, provided, that if such written agreement is amended to increase the amount of public facilities impact construction permitted on the property, then such additional public facilities impact construction shall be required to pay the impact fees as provided by the division.

(Ord. No. 2006-04, § 1, 2-21-06)