(A) When a proposed amendment to the zoning map or text of this title is pending, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing zoning map or text which may be amended.
(1) A proposed zoning map or text amendment shall be deemed “pending” when the amendment proposal first appears on a Planning Commission or City Council agenda, as the case may be, which has been noticed as required in this chapter.
(2) An application shall be deemed “filed” when all materials required for the application, as set forth in this chapter, have been submitted.
(a) If within one year after an application has been filed the applicant has not taken substantial action to pursue an approval, the application shall expire and any vested rights thereunder shall terminate.
(b) For the purpose of this subchapter, “substantial action” means action taken in good faith to diligently pursue any matter necessary to obtain final approval of the application.
(B) An application affected by a pending amendment to the zoning map or text of this chapter shall be subject to the following requirements:
(1) The application shall not be acted upon until six months from the date when the pending amendment to the zoning map or text of this chapter was first noticed on a Planning Commission or City Council agenda, as the case may be, unless:
(a) The applicant voluntarily agrees to amend his, her, or their application to conform to the requirements of the proposed amendment; or
(b) The proposed amendment is sooner enacted or defeated, as the case may be.
(2) If a pending amendment to the zoning map or text of this chapter is enacted within six months after being noticed on a Planning Commission or City Council agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment; and/or
(3) If a pending amendment to the zoning map or text of this chapter is not enacted within six months after being noticed on a Planning Commission or City Council agenda, as the case may be.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999