1.9.1.     District Conversion Table

a.          The zoning district names in effect prior to October 27, 2003 are hereby converted, as shown on the following table.

b.      Approvals prior to October 27, 2003 that reference the standards from the old Urban Design Overlay District (UDOD) shall apply the general development standards in Article 7 in place of any such stipulation.

1.9.2.     Applications and Prior Approvals

a.     Special Exceptions

1.      Approved Special Exception With a Binding Development Concept Plan

Where a special exception with a binding development concept plan was approved prior to October 27, 2003, the provisions of these zoning regulations shall apply to the extent that they do not conflict with the binding development concept plan.

2.     Approved Special Exception Without a Binding Development Concept Plan

Where an approved special exception does not have a binding development concept plan and development has occurred since the approval, any expansions not triggering a new special exception public hearing in accordance with Section 3.16 may proceed but shall be in compliance with these zoning regulations. Under such circumstances, a Development Concept Plan shall be prepared and filed in conjunction with any site and development plan or preliminary plans filed and shall become the binding development concept plan for the special exception.

3.      Pending Special Exception Applications

i.       Special exception applications deemed complete by the Growth Management Business Center on or before October 27, 2003 may be approved after October 27, 2003. After the completeness determination, changes to the development concept plan submitted with the special exception are allowed only at the request of County Staff, the Planning Commission, or the Board of County Commissioners. The special exception shall be reviewed in accordance with the applicable requirements of the zoning ordinance in effect at the time of application for the special exception, as reflected on the Development Concept Plan. Where changes to the development concept plan submitted with the special exception are made by the applicant after October 27, 2003, these zoning regulations in their entirety shall apply.

ii.      If the special exception application is approved, the applicant may then file site and development plans, preliminary plans or commercial subdivision plans after October 27, 2003, at which point these zoning regulations shall apply to the extent that they do not conflict with the binding development concept plan.

iii.    A special exception application deemed complete by the Growth Management Business Center, on or before October 27, 2003 may continue to be processed even where the special exception use is listed in Section 5.1.2 as a permitted use, limited use or prohibited use in these zoning regulations. However, applicants have the option of withdrawing the application if the special exception becomes a permitted use.

4.     If an approved special exception use becomes either a permitted, limited or prohibited use, the approved special exception remains in effect, and the use continues to be subject to the approved stipulations and binding development concept plan.

b.     Zoning Map Amendments (Rezoning)

1.     Approved Rezoning With Binding Development Concept Plan

Where a zoning map amendment (rezoning) for a district that requires a binding development concept plan was approved prior to October 27, 2003, the provisions of these zoning regulations shall apply to the extent that they do not conflict with the binding development concept plan.

2.     Pending Rezoning Application With a Binding Development Concept Plan

i.       An application for a zoning map amendment (rezoning) deemed complete by the Growth Management Business Center on or before October 27, 2003 for a district that requires a binding development concept plan as specified in Section 3.1.5 may be approved after October 27, 2003. After the completeness determination, changes to the development concept plan submitted are allowed only at the request of County Staff, the Planning Commission, or the Board of County Commissioners. Where changes to the development concept plan submitted with the zoning map amendment (rezoning) are made by the applicant after October 27, 2003, these zoning regulations in their entirety shall apply

ii.      Applicants with pending zoning map amendment (rezoning) applications for the CG (Commercial, General) District that have been deemed complete by the Growth Management Business Center on or before October 27, 2003 shall have the option of binding the zoning map amendment to the development concept plan as submitted with their application through a stipulation in the adopting ordinance for the zoning map amendment (rezoning). In such cases, the zoning ordinance in effect at the time of application shall apply as reflected on the binding Development Concept Plan. The provisions of these zoning regulations shall apply to the extent that they do not conflict with the binding development concept plan. Alternatively, applicants may choose not to stipulate compliance with the development concept plan and may develop in accordance with these zoning regulations.

3.     Pending Rezoning That Does Not Require a Binding Development Concept Plan

Where a zoning map amendment (rezoning) to a district that does not require a binding development concept plan, subsequent preliminary plans or site and development plans shall be subject to the requirements of these zoning regulations. Modifications needed to comply with a stipulation contained in the zoning map amendment (rezoning) are not subject to these zoning regulations.

c.     Preliminary Plan, Site and Development Plan, Commercial Subdivision Plan

1.      Applications for preliminary plans, site and development plans or commercial subdivisions accepted by the Development Services Business Center prior to October 27, 2003 shall be processed under the requirements of the zoning ordinance in effect at the time of application.

2.      Individual site and development plans for a previously approved commercial subdivision shall be processed under the requirements of the ordinance in effect prior to October 27, 2003.

3.      Plans shall meet all the requirements in the submission checklist to be accepted by the Development Services Business Center.

4.      Plans submitted after October 27, 2003 must be in compliance with the binding development concept plan for the accompanying special exception or zoning map amendment (rezoning) as described above.

5.      The plans shall be reviewed for compliance with the requirements of these zoning regulations to the extent they do not conflict with the binding development concept plan.

6.      Modifications to approved preliminary, site and development and commercial subdivision plans that are processed as “walk through” changes, shall comply with the regulations in effect prior to October 27, 2003 if the original plan was approved under the prior ordinance. Individual site and development plans filed for a previously approved commercial subdivision may also be processed under the regulations in effect prior to October 27, 2003.

7.      Any changes that require the filing of a new preliminary or site and development plan shall comply with the requirements of these zoning regulations.

d.     Constructions Plans (Horizontal Development)

All construction plans must comply with the approved preliminary, site and development or commercial subdivision plan and the zoning ordinance applied in the review of such plans.

e.     Building Permits (Vertical Development)

All building permits must be consistent with the approved preliminary, site and development and construction plans and the zoning ordinance applied in the review of such plans.

f.      Sign Permits

Sign permits issued after October 27, 2003 must comply with these zoning regulations regardless of when the application for the sign permit was submitted.

g.     Variances

Variance applications shall be submitted only for variance from the zoning ordinance in effect at the time the application is acted upon, regardless of when the application was filed.

h.     General

1.      The evaluation of the standards in these zoning regulations against an adopted binding development concept plan shall be the responsibility of the Zoning Administrator.

2.      For those applicants filing a site and development plan, preliminary plan or commercial subdivision plan after October 27, 2003, it is strongly recommended that a preapplication meeting in accordance with Section 3.1.5 be held with the Development Review Committee prior to filing in order to allow County Staff and the applicant to discuss the plans before filing.