§ 35-711. Recognition of Rights Derived From Common Law.

(a)

Applicability. The provisions of this section apply to any application for development approval in which the applicant claims an exemption from any provision of this Code based on common law rights. Applications for a determination of rights shall be by contiguous tracts or phases (a tract may be comprised of multiple parcels or lots); non-contiguous tracts or non-contiguous phases shall require an application and determination for each tract or phase.

(b)

Criteria. Common law rights may be acknowledged by the director of development services after consultation with the city attorney if the applicant for common law rights does not demonstrate entitlement to statutory rights as provided in section 35-712. A request for such an acknowledgement must include a letter stating the grounds for the entitlement to common law rights and specifying the relevant case law upon which the applicant relies, documents establishing the criteria listed below and an application review fee in the amount established by ordinance as set forth in Appendix C. The director of development services may request additional relevant material prior to issuing the acknowledgement. The applicant for common law rights must show compliance with the following criteria for the specific project to acquire such rights.

(1)

In reliance upon properly issued permits or approvals the applicant made substantial financial expenditures or assumed substantial financial obligations within the purview of the activities authorized by said permit or approval; and

(2)

The applicant has proceeded in good faith, and no approvals or permits have lapsed or been revoked; and

(3)

The applicant has established any other factor that may establish rights under state or federal law.

(Ord. No. 98697 § 1) (Ord. No. 2006-02-16-0241, § 2, 2-16-06) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2014-08-14-0581, § 4, 8-14-14)