A. If an application for a development permit is accepted as complete before the date this Code is adopted or between the adoption date and January 1, 2013, the application shall be reviewed and decided, at the applicant's option, wholly in accordance with the prior development regulations in effect when the application was accepted, or wholly in accordance with this Code (but not in accordance with a mix of provisions from both sets of regulations).
B. If the applicant elects to have the pending development permit application reviewed in accordance with the prior regulations, the city shall review and decide the application in good faith and in accordance with any time frames established by the prior regulations. If the application is approved and the approval or subsequent authorization of the approved development expires or becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Code.
C. To the extent a pending application for a development permit is approved in accordance with the prior regulations and proposes development that does not comply with this Code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 7: Nonconformities.
(Ord. 2012-64, passed 9-11-12)