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(1) When a proposed amendment to the zoning map or text of this Title or Title 15, Provo City Code, is pending, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing zoning map or text which may be amended.

(a) A proposed zoning map or text amendment shall be deemed “pending” when the amendment proposal first appears on a Planning Commission or Municipal Council agenda, as the case may be, which has been noticed as required in this Chapter.

(b) For purposes of this Section, an application shall be vested when all materials required for the application, as set forth in this Title or Title 15, Provo City Code, have been submitted.

(c) If within one (1) year after an application has been vested the applicant has not taken substantial action to pursue an approval, the application shall expire and any vested rights thereunder shall terminate.

(d) For the purpose of this Subsection, “substantial action” means action taken in good faith to diligently pursue any matter necessary to obtain final approval of the application.

(2) An application affected by a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, shall be subject to the following requirements:

(a) Final action or approval shall not be taken on the application until six (6) months from the date when the pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, was first noticed on a Planning Commission or Municipal Council agenda, as the case may be, unless:

(i) The applicant voluntarily agrees to amend the applicant’s application to conform to the requirements of the proposed amendment; or

(ii) The proposed amendment is sooner enacted or defeated, as the case may be.

(b) If a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, is enacted within six (6) months after being noticed on a Planning Commission or Municipal Council agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.

(c) If a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, is not enacted within six (6) months after being noticed on a Planning Commission or Municipal Council agenda, as the case may be, the amendment shall no longer be considered pending and any affected application may be approved without regard to the previously pending amendment.

(3) The Development Services Department shall give an applicant affected by a pending amendment to the zoning map or text of this Title or Title 15, Provo City Code, written notice that:

(a) There is pending legislation;

(b) The applicant’s application may require changes to conform to a zoning map or text amendment which may be enacted; and

(c) Copies of the pending legislation can be obtained by contacting the Development Services office.

(Enacted 2002-25, Am 2012-42, Am 2020-57, Am 2021-33, Am 2022-17)