§ 23.76.060. Expiration and extension of Council land use decisions

A.

Decisions granted under Title 24. The expiration of Council land use decisions granted under Title 24 is governed by the applicable provisions of Section 23.04.010, Transition to the Land Use Code.

B.

Council conditional uses and public projects.

1.

Approvals of Council conditional uses and public projects expire three years from the effective date of approval unless:

a.

Within the three year period, an application is filed for a Master Use Permit, that is subsequently issued; or

b.

Another time for expiration is specified in the Council's decision.

2.

If a Master Use Permit is issued for a project permitted by Council approval of a Council conditional use or a public project, the Council's approval of the Council conditional use or public project remains in effect until the date that the Master Use Permit expires pursuant to the provisions of Section 23.76.032, or until the date specified by the Council, whichever is later. If a Master Use Permit is issued for a project permitted by Council approval of a Council conditional use or Council approval of a public project, a building permit is issued for the project, and the project is constructed pursuant to the building permit, conditions required by the Council's approval of the Council conditional use or the Council's approval of the public project shall remain in effect, notwithstanding expiration of the Council's approval of the Council conditional use or the Council's approval of the public project, until the project is demolished or until an earlier date on which:

a.

the condition by its terms expires;

b.

the condition is removed through a permitting decision; or

c.

if the condition was imposed as to a specific use within the project, that use is terminated.

C.

Contract rezones

1.

The provisions of this subsection 23.76.060.C.1 apply except as otherwise provided in the Council decision on a contract rezone. A zoning designation established by a contract rezone shall expire three years after the date of the Council action approving the rezone, except as follows:

a.

If, prior to the end of the three-year period, a complete application is filed for a Master Use Permit to establish a use on the rezoned property, the zoning designation shall not expire pursuant to this Section 23.76.060 as to the lot or lots for which the application is made so long as that application remains pending. The zoning designation shall expire immediately upon any cancellation of the application that occurs after the end of the three-year period, unless another such application filed before the end of that period is pending at the time of such cancellation;

b.

If a Master Use Permit is issued based on an application that is sufficient to extend the three-year period under subsection 23.76.060.C.1.a, then the zoning designation shall not expire pursuant to this Section 23.76.060 as to the lot or lots for which the permit is issued unless and until the Master Use Permit expires without a certificate of occupancy having been issued for any structure constructed or altered for a use authorized by any such Master Use Permit, and then shall immediately expire. If such a certificate of occupancy is issued, then the zoning designation shall not expire pursuant to this Section 23.76.060 for that lot or lots;

c.

If only a portion of the rezoned property is the subject of a particular application or Master Use Permit, then the zoning designation shall expire as to the other portions of the rezoned property at the same time as if that application had not been made or that permit not issued, as the case may be.

2.

When a contract rezone expires, the Official Land Use Map is automatically amended so the zoning designation in effect immediately prior to the contract rezone applies to the subject property, except to the extent otherwise expressly provided by ordinance. The Director shall file a notice of expiration with the City Clerk and with the King County Recorder and shall cause the reversion to the former designation to be shown on published land use maps, but the expiration shall be effective notwithstanding any failure to make such filing or to reflect such expiration in any published information. Unless expressly stated otherwise in any property use and development agreement (PUDA) recorded in connection with a rezone, if the zoning designation expires as to all property subject to the PUDA, then all restrictions and requirements in the PUDA shall terminate.

3.

Regardless of whether the time period for expiration has elapsed or a certificate of occupancy has been issued as described in subsection 23.76.060.C.1.b, the zoning designation established by a contract rezone shall no longer be in effect upon the effective date of a subsequent rezoning by the Council of the subject property, either through a site-specific rezone or as part of an area-wide rezone.

a.

Effective on or after the effective date of such subsequent rezoning of all property subject to a PUDA recorded in connection with the prior rezone, some or all of that property may be released from some or all of the conditions of the PUDA if the release is authorized by ordinance. Such release may be authorized without following the PUDA amendment procedures in Section 23.76.058, except that notice and a comment period shall be provided pursuant to subsection 23.76.058.C.3. In making the decision whether to release all or part of the PUDA, the Council shall consider factors such as:

1)

Whether any of the property subject to the PUDA has been or may still be developed in a manner that was permitted under the designation established by the contract rezone and would not be permitted under the subsequent rezoning; and

2)

The extent to which any terms of the PUDA as applied to the subsequently rezoned property are relevant to the impacts of any development of that property occurring subsequent to the PUDA.

b.

Effective on or after the effective date of such subsequent rezoning of all property subject to a PUDA recorded in connection with the prior rezone, if the subsequent rezone is to a zone with a mandatory housing affordability suffix, the property shall be released, without authorization by ordinance, from all of the conditions of a PUDA that was accepted prior to January 1, 2016, if the Director finds as a Type I decision as part of a Master Use Permit or building permit for a development proposal that the conditions of the PUDA are limited to one or more of the provisions listed in subsections 23.76.060.C.3.b.1 through 23.76.060.C.3.b.4.

1)

Provisions requiring development of the property to comply with the permit for an associated development proposal, once issued.

2)

Provisions establishing limitations on maximum floor area or height.

3)

Provisions regarding the termination, amendment, or repeal of the conditions in the PUDA.

4)

Standard PUDA provisions, such as those dealing with recording, remedies, or legal effect, that do not establish substantive limitations or conditions on development.

D.

Variances. Variances granted as part of a Council land use decision shall remain in effect for the same period as the land use decision granted, except those variances granted as part of a rezone, which shall expire on the date the rezone expires or the effective date of any text amendment making more stringent the development standard from which the variance was granted, whichever is sooner.

E.

Extensions. The Council may extend the time limits on Type IV land use decisions for two years or such other time as the Council may determine appropriate, upon an applicant's filing an application to the Department at least 120 days before the approval's expiration. The Council may request a recommendation on the extension application from the Director, but the Hearing Examiner hearing and recommendation requirements of Section 23.76.052 do not apply. Notice of applications for extensions of Type IV land use decisions and an opportunity to comment shall be provided pursuant to subsections 23.76.012.B.1 or B.2, and subsection 23.76.012.B.3, and notice and an opportunity to comment shall also be provided to the parties of record in the Council's original Type IV land use proceeding and to those persons who were provided written notice of the Hearing Examiner's recommendation on the original Type IV application to the extent reasonably practicable.

1.

The Council may not extend the time limit for a Type IV land use decision for a project that is not in conformance with applicable regulations, including land use and environmentally critical areas regulations, in effect at the time application for an extension is made.

2.

In deciding whether to grant an extension, the Council shall consider:

a.

The reason or basis for the application for the extension and whether it is reasonable under the circumstances;

b.

Whether changed circumstances in the area support an extension;

c.

Whether additional time is reasonably necessary to comply with a condition of approval adopted by the Council that is required to be fulfilled prior to expiration of the Council land use decision.

(Ord. 125791 , § 107, 2019; Ord. 125272 , § 63, 2017; Ord. 123913, § 33, 2012; Ord. 123046, § 59, 2009; Ord. 122497 , § 13, 2007; Ord. 122054, § 87, 2006; Ord. 118012, § 51, 1996; Ord. 114473, § 4, 1989; Ord. 112522, § 2(part), 1985.)

Part 3 Legislative Decisions (Type V)