Petition Submittal and Review Procedures.

Austin City Code tit. 25, ch. 25-1, art. 12, div. 1

in effect

Austin City Code § 25-1-531 DEFINITIONS.

§ 25-1-531 - DEFINITIONS. (1) In this article, "permit," "project," and "regulatory agency" have the meanings assigned to them by Chapter 245 of the Local Government Code. (2) TYPE 1 (CHAPTER 245) PETITION means a vested rights petition that alleges rights under Chapter 245 of the Local Government Code to develop property under ordinances, regulations, or rules other than those in effect on the date the permit application is submitted. (3) TYPE 2 (CONTINUING USE) PETITION means a vested rights petition that alleges rights under Section 43.002 of the Local Government Code to continue or begin a land use that was begun or planned prior to annexation of the land by the City of Austin. (4) VESTING DATE means the date on which a project accrued development rights under Chapter 245 or use rights under Section 43.002 of the Local Government Code. (5) VESTED RIGHTS means a right conferred by state law to develop property under ordinances, regulations, or rules other than those in effect on the date a permit application is submitted. The term includes development rights under Chapter 245 and use rights under Section 43.002 of the Local Government Code, but does not include a right existing under common law. (6) VESTED RIGHTS PETITION or PETITION means a petition requesting a determination of development rights under Chapter 245 or use rights under Section 43.002 of the Local Government Code. Source: Ord. 20140612-084, Pt. 2, 6-23-14.

Austin City Code § 25-1-532 PURPOSE AND APPLICABILITY.

§ 25-1-532 - PURPOSE AND APPLICABILITY. (A) This article establishes requirements for determining whether a project is entitled to vested rights under Chapter 245 or Section 43.002 of the Local Government Code. To the extent a project is entitled to vested rights, as determined under this article, a permit necessary to initiate, continue, or complete the project may be exempt from current regulations. (B) The purpose of this article is to: (1) Establish a clear and consistent process for evaluating vested rights claims; (2) Ensure that vested rights determinations are based on accurate and complete information, including the nature and scope of the original project for which vested rights are asserted and actual development, if any, that has occurred over time; and (3) Recognize legitimate claims of vested rights under state law, while ensuring that new development complies to the greatest extent possible with current regulations. (C) The requirements of this article apply within the planning jurisdiction. Source: Ord. 20140612-084, Pt. 2, 6-23-14.

Austin City Code § 25-1-533 VESTED RIGHTS PETITION REQUIRED.

§ 25-1-533. - VESTED RIGHTS PETITION REQUIRED. A petition for vested rights that meets the requirements of Section 25-1-534 (Contents of Vested Rights Petition) must be submitted by a landowner or a landowner's agent in order to request that an application for a permit be reviewed under ordinances, regulations, or rules other than those in effect on the date the application is filed. Source: Ord. 20140612-084, Pt. 2, 6-23-14.

Austin City Code § 25-1-534 CONTENTS OF VESTED RIGHTS PETITION.

§ 25-1-534 - CONTENTS OF VESTED RIGHTS PETITION. (A) Except as provided in Subsection (B) of this section, a petition for vested rights required by Section 25-1-533 (Vested Rights Petition Required) must be submitted on a form approved by the director and must include, at a minimum, the following information: (1) reference to one of the following applications, which must be submitted concurrent with the vested rights petition: (a) a permit application for development of the property; or (b) a development plan, on a form provided by the director, that establishes the nature of the permit sought, including the scope and intensity of proposed development and the type of land use, but need not include construction-level detail; (2) a summary of the basis on which the applicant claims vested rights; (3) the date on which the applicant claims that vested rights accrued and any permit or fair notice application that was submitted on that date; and (4) a complete chronological history of the project for which vested rights are claimed, including: (a) a list of permits for development of the property, along with supporting documents, that were issued or applied for after the date the applicant claims that vested rights accrued; (b) a description of any permitted or unpermitted development that occurred on the property after the date the applicant claims that vested rights accrued; (c) a description of existing development on the property, regardless of whether the development is permitted or unpermitted; (d) a list of all annexations and zoning changes affecting the property, if any; (e) any covenants, conditions, or restrictions recorded in the deed records for the property; and (f) if deemed relevant by the director, evidence regarding progress towards completion of the project under Section 25-1-554 (Dormant Projects). (B) The director may allow an applicant to omit information required under this section if, in the sole judgment of the director, an application is associated with a project for which vested rights have been conclusively established by a court order, or by a settlement agreement or project consent agreement approved by the city council. Source: Ord. 20140612-084, Pt. 2, 6-23-14.

Austin City Code § 25-1-535 FAIR NOTICE APPLICATION.

§ 25-1-535 - FAIR NOTICE APPLICATION. (A) A fair notice application may be used in lieu of a permit application to establish vested rights for a new project. (B) The director shall adopt a Fair Notice (New Project) application, which may be used to establish a vesting date for a new project that is filed for review under current regulations and for which no prior permits have been sought. The application must include a proposed plan for development of the property, including the scope and intensity of development and the nature of the land use, but need not include construction-level detail. (C) Acceptance of a fair notice application does not authorize construction or have any effect other than that prescribed by this article. Source: Ord. 20140612-084, Pt. 2, 6-23-14.

Austin City Code § 25-1-536 COMPLETENESS REVIEW FOR VESTED RIGHTS PETITION.

§ 25-1-536 - COMPLETENESS REVIEW FOR VESTED RIGHTS PETITION. (A) A vested rights petition and associated permit or Fair Notice (New Project) application are treated as a single application for purposes of completeness review and expiration under Section 25-1-82 (Non-Subdivision Application Requirements and Expiration). This subsection does not apply to a permit for a preliminary plan, plat, or subdivision construction plan. (B) A vested rights petition and permit for a preliminary plan, plat, or subdivision construction plan, are not treated as a single application for the purposes of completeness review and expiration under Section 25-1-83 (Subdivision Application Requirements and Expiration). Source: Ord. 20140612-084, Pt. 2, 6-23-14; Ord. No. 20190822-117, Pt. 15, 9-1-19.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-1GEREPR_ART12VERI_DIV1PESUREPRFetched: 10/27/2026