A. Pending Applications
1. Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this
, shall be reviewed in accordance with an ordinance in effect on the date the application was deemed complete. There may be a transition period set forth by ordinance which allows an applicant to select whether the LUC or
will governs the
during a limited time period (see Choice of Code below). If the applicant fails to comply with any applicable required period for submittal or other procedural requirements for the applicable code, the application shall expire and subsequent applications shall be subject to the standards of this
. Any re-application for an expired
approval shall meet the standards in effect at the time of re-application.
2. An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior to the effective date of this
, may request review under this
, or a form of the LUC then applicable by a written letter to the Planning and Development Services Department.
B. Tentative and Final
1. Tentative
approvals granted prior to the effective date of this
may be extended no more than once, and for no longer than one year.
2. A final
application, for which the tentative
was approved prior to the effective date of this
, may be processed pursuant to the applicable terms of the ordinance in place at the time of tentative
approval, even if the application does not comply with standards set forth in this
.
C. Approved
1. Approvals and permits that are valid on January 2, 2013, shall remain valid until their expiration date.
with valid approvals or permits may be completed in to the regulatory provisions in effect at the time of approval.
2. Any
or
for which a
permit was granted prior to the effective date of this
may be permitted to proceed to construction. If the
for which the
permit is issued prior to the effective date of this
fails to comply with the time frames for
established for the
permit, the
permit shall expire and future
shall comply with the standards of this
.
D. Choice of Code
For a period of three years after the effective date of this
, an applicant who was the landowner of record prior to the effective date of this
may choose to be governed by the provisions of this
or those of the Land Use Code (LUC) in effect on the date this
becomes effective. During this three-year transition period, ending January 2, 2016, the landowner shall comply, without exception, with all provisions of either the
or LUC selected by that landowner. For a period of one year ending January 1, 2014, applicants electing to be governed by the LUC will have the ability to seek modifications or exceptions pursuant to: Flexible Lot Development (FLD), Design Development Option (DDO), and Parking Design Modification Request (PDMR). Between January 2, 2014 and January 2, 2016, applicants electing to be governed by the LUC will not have the ability to seek modifications or exceptions pursuant to the FLD, DDO, and PDMR. The selection shall be made and communicated to the
on a form provided by the
prior to acceptance of any
applications on the subject property. The landowner shall not be permitted to alternate compliance between the previous LUC and current
during the three-year transition period. At the expiration of the three-year transition period, the LUC will be repealed.
E. Waiver of Potential Claims
By electing to proceed under this code, the property owner waives any and all potential claims that may arise under A.R.S. §§12-1134 et seq. for any diminution in the value of his property that may be claimed from any difference between the requirements and standards of this code and those of the LUC.
(Am. Ord. 11070, 5/14/2013)