AB 386

Under current law, a city, village, or town that is authorized to exercise village

powers or a county (political subdivision) is authorized to enact zoning ordinances

that regulate and restrict the height, number of stories, and size of buildings and

other structures, the percentage of lot that may be occupied, the size of yards and

other open spaces, the density of population, and the location and use of buildings,

structures, and land for various purposes. Also under current law, case law provides

that where substantial rights have vested, zoning ordinances cannot be applied

retroactively.

Under this bill, if a person has submitted an application for a permit or

authorization for building, zoning, driveway, stormwater, or other activity related to

residential, commercial, or industrial development (approval), the political

subdivision must approve, deny, or conditionally approve the application based on

regulations, ordinances, rules, or other properly adopted requirements in effect at

the time the application for an approval is submitted to the political subdivision

(existing requirements). In addition, if a project requires more than one approval or

approvals from more than one political subdivision, the existing requirements

applicable in each political subdivision at the time of filing the application for the

first approval required for the project are applicable to all subsequent approvals

required for the project.

Under this bill, an application for approval is submitted upon delivery of the

application to the political subdivision or deposit of the application with the U.S.

Postal Service for mailing by certified mail. An application for approval expires 60

days after filing if the application does not comply with form and content

requirements, the political subdivision provides notice of the noncompliance, and the

applicant fails to remedy the noncompliance.