(A) New Chapter Applies: This chapter, and any amendment to it, will apply to all applications for variations, amendments, and special use permits pending and not yet finally decided on the effective date thereof to which it would apply if the applications were filed on or after the effective date.
(B) Notification To Owners: Within 30 days following the effective date of this chapter, or any amendment to it, the Zoning Administrator will inform each owner named on each application referred to in division (A) of this section that the application is subject to the provisions of this chapter, as amended, and will be processed in accordance therewith; that the owner may within 30 days following the mailing of the notice refile, without additional fee, its application on the basis of this chapter, as amended; and that if the owner does not refile, its application may be denied for noncompliance with the provisions of this chapter, as amended.
(C) Duty Of Owner: Notwithstanding the provisions of division (B) of this section, it will be the responsibility of each owner having an application pending on the effective date of this chapter, or any amendment to it, to modify the application in accordance with the terms and provisions of this chapter, as amended, and the failure to do so, whether or not the procedures of these divisions have been followed, may result in denial of such application for failure to comply with this chapter, as amended. Any modification or refiling of an application pending on the effective date in order to comply with the provisions of this chapter, as amended, will be permitted at any time prior to the final disposition of the application and will be permitted without payment of any additional fee.
(D) Processing Of Pending Applications: Upon the refiling of any pending application as herein provided, or upon notification from the owner that it will not refile or modify its application, or upon the expiration of 60 days following the effective date of this chapter or any amendment to it, whichever occurs first, the pending application will be processed in accordance with the terms of this chapter, as amended; provided, however, that the application requirements, hearing requirements and procedural requirements set forth in part 2 of this chapter will not apply to any such pending application and each application will be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date the application was filed. Notwithstanding any other provision of this section, the Zoning Administrator has the authority to request additional data, information, or documentation for pending applications when, in his or her judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of the pending application.
(Ord. 17-2-2065, passed 2-27-2017)