If an applicant submits an application for any type of development and a rule or ordinance is amended, including an amendment to any applicable land development regulation, between the time the development application was submitted and a decision is made, the development applicant may choose which adopted version of the rule or ordinance will apply to the development and use of the building, structure, or land indicated on the application.
(a) lf the applicant chooses the version of the rule or ordinance applicable at the time of the application, the applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.
(b) If an applicable rule or ordinance is amended after the development permit is wrongfully denied, or after an illegal condition is imposed as determined in a proceeding challenging the permit denial or the condition imposed, the development permit applicant may choose which adopted version of the rule or ordinance will apply to the permit and use of the building, structure, or land
indicated on the permit application. Provided, however, any provision of the development permit applicant's chosen version of the rule or ordinance that is determined to be illegal for any reason shall not be enforced upon the applicant without the written consent of the applicant.
(Ord. of 6/24/21)