The Department of Planning shall not process beyond initial review, a submission of any development plan concerning property, which, prior to the submission, in whole or in part, becomes the subject of legislation introduced by Council or submitted to the Clerk of Council by initiative petition, and which legislation if passed, and on its effective date, would change the classification of the zoning district in which such property is located so as to make the proposed development or use nonconforming or not permitted. In such a case, the Director of Planning after preserving a copy of same shall return the application together with a refund of any fees paid or deposited and advise the applicant of the proposed legislation and the provisions for later submittal. If the proposed legislation has not been passed or is not effective following the expiration of four months from the date the development plan was first presented for submittal, then the applicant, subject to the provisions of the following sentence, shall be permitted to submit the development plan provided it is identical in all respects to the development plan first presented. If the proposed legislation was introduced by initiative petition, becomes the subject of a referendum or otherwise is submitted to a vote of the electorate at an election, the right to submit a development plan previously presented for processing but returned in accordance with this section shall not be available to the applicant until the date the Board of Elections certifies the results of the election.
(Ord. 1991-139. Passed 11-21-91.)