When the City Commission is considering either a text amendment to the city Zoning Code or a change of zoning district, applications for permits and development order(s), including zoning compliance permit(s) and zoning use certificate(s), shall not be accepted or issued when prospectively a text amendment or zoning district change, upon enactment by the City Commission, would result in the nonconforming or unlawful development or use of the subject property.
A. Applications for permits and development orders including building applications, zoning compliance permits, zoning use certificates shall be deferred and held in abeyance beginning at the earlier of:
1. The Planning and Zoning Board has held its initial public hearing on any text amendment or zoning district change; or
2. Publication of a notice of a public hearing before the City Commission to consider a resolution declaring zoning in progress.
B. Zoning in progress shall not apply if:
1. The Development Services Director has determined that approval of the application for a permit or development order would not result in the nonconforming or unlawful use of property in light of the proposed text amendment or zoning district change; or
2. Six months have passed since the zoning in progress commenced pursuant to subsection A. above. The six months zoning in progress period may be extended for up to an additional three months by resolution of the City Commission where the public interest requires such extension.
C. Nothing in this section shall be construed or applied to abrogate the vested right of a property owner to complete development (See Section 155.2429.).
D. An affected person may appeal the application of this provision to the Zoning Board of Appeals for review by filing an appeal with the Development Services Director, in accordance with the procedures outlined in Section 155.2424., Appeals.
(Ord. 2019-23, passed 1-22-19)