(A) Pending permit applications (per I.C. 36-7-4-1109).
(1) As used in this section, the term ZONING APPROVAL OR PERMIT shall include the following: an improvement location permit; a building permit; a certificate of occupancy; approval of site-specific development plan; approval of a primary plat or secondary plat; approval of a conditional use, special exception, or special use; or approval of a planned unit development.
(2) (a) For any full and complete application for a zoning approval or permit required by the prior existing Zoning Ordinance of the town and which application is pending on the effective date of this chapter, the granting of the zoning approval or permit, and the granting of any secondary, additional, or related permits or approvals required from the town, with respect to the general subject matter of the application of the permit, are governed for at least 3 years after the date of application by the statutes, ordinances, rules, development standards, and regulations in effect and applicable to the real estate when the application is filed, even if: before the issuance of the permit or while the permit approval process is pending; or before the issuance of any secondary, additional, or related permits or approvals or while the secondary, additional, or related permit or approval process is pending: the statutes, ordinances, rules, development standards, or regulations governing the granting of the permit or approval are changed by the General Assembly or the Town Council.
(b) However, this division (A)(2) shall not apply if the development or other activity to which the permit relates is not completed within 7 years after the development or activity is commenced.
(B) Zone map amendments. Any application for zone map amendment which has been filed with the Town Council and which application is full and complete under the provisions of the prior existing Zoning Ordinance of the town shall be allowed to continue to be processed to completion pursuant to the terms and conditions of the prior existing Zoning Ordinance of the town; provided, however:
(1) If the proposed use would no longer be permitted in the proposed district as a result of changes to that district resulting from the adoption of this chapter, such application shall be deemed amended to request the district of this chapter in which the proposed use is first permitted; or
(2) If the proposed district would no longer be in existence as a result of the adoption of this chapter, such application shall be deemed to be amended to request the district of this chapter which is most comparable to zoning classification requested in the application for zone map amendment.
(C) Special exception use, variance of development standards. Any application before the Board of Zoning Appeals (i.e., special exception use or variance of development standards) which has been filed with Board of Zoning Appeals of the town and which application is full and complete under the provisions of the prior existing Zoning Ordinance of the town shall be allowed to continue to be processed to completion pursuant to the terms and conditions of the prior existing Zoning Ordinance of the town. However:
(1) If the application is no longer required by the terms of this chapter, the application shall be considered dismissed for lack of jurisdiction; or
(2) If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms and conditions of this chapter (and which additional approvals from the Board of Zoning Appeals were not required by the terms and conditions of the prior existing Zoning Ordinance of the town), the application shall be deemed amended to include only those additional approvals which are minimally required and within the jurisdiction of the Board of Zoning Appeals to approve for the proposed use or site plan for the development.
(Ord. 1221, § 1.01(p), passed 1-26-2010)