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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 21.10.190. 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.

C. Expiration of Vested Status.

1. Except for land divisions, planned development permits and critical area permits, or where a different duration of approval is established by city ordinance, an executed development agreement, or state or federal law, the vested status of an approved land use permit under Process Types 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 or the applicant has obtained an extension from the planning director. The director may grant one extension of up to one year provided the extension request is submitted prior to the original expiration date.

2. Planned development approvals and critical area permits 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 provided the extension request is submitted prior to the original expiration date.

3. Where a project receives multiple permits under Process Types I, II, III, and VII, or some combination thereof, under a consolidated permit process, the vested status of the land use approval for each permit shall expire on the expiration date of the permit with the longest vested status, unless an extension is granted under subsection (C)(1) or (C)(2) of this section. However, subsequent land use decisions that were not considered during the consolidated permit review process shall not extend the original expiration date of the permits.

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

D. Extension of Vested Status – Valid Land Use Approvals.

1. The vested status of approved, valid land use decisions that were consolidated into a single application review for a single project that include more than one land use application under Process Types I, II, III and/or VII shall be extended to the longest duration of the land use permit type with the longest vested status and have the same opportunity for an extension as listed in subsections (C)(1) and (C)(2) of this section. All subsequent land use decisions associated with the project that were not consolidated into the single application review shall not extend the initial vested time limitations of the project. [Ord. 2024-02-003 § 5; Ord. 2016-02-005 § 36; Ord. 2010-05-026; Ord. 2004-09-065].