§ 38-1390.3. Applicability.

Except for those exemptions listed in subsection (a) below, the Town Center Code shall apply to all development within the adopted Horizon West Town Center Specific Area Plan. Development may also be subject to the provisions of chapter 38, article VIII, division 8, Village Planned Development Code, but only to the extent that certain regulations, standards or procedures are not addressed herein. In the event of conflicts between the regulations, standards and procedures of article VIII, division 8 and this Town Center Code, the provisions herein shall prevail.

(a)

The following real property is exempt from the requirements of this article:

(1)

A single-family house or a single-family lot of record, existing as of the date the TCSAP was adopted (December 14, 2004);

(2)

Any development that is consistent with the Future Land Use Map ("FLUM") and zoning regulations and approvals existing on the property as of the date the TCSAP was adopted (December 14, 2004), provided such development is consistent with those designations and approvals; and

(3)

Any development with a consistency vested rights determination provided the vested rights have not expired and the development occurs in a manner that is consistent with the vested rights determination.

(b)

Complementary Regulations:

(1)

This Town Center Code (TCC) shall complement all applicable laws, ordinances, rules and regulations. However, to the extent this TCC may conflict with or may not be consistent with other applicable provisions of chapter 38 and chapter 34, particularly the guidelines and standards for planned developments and subdivisions, this TCC development code shall govern and control.

(c)

Compliance Review for Property Not Included in an Approved PD/UNP:

(1)

Unless the property is located within an approved Planned Development/Unified Neighborhood Plan or Open Space District, any property within the Town Center shall maintain the existing future land use designation (e.g., Rural/Agricultural: one (1) dwelling unit per ten (10) acres, Conservation, Rural Settlement). All applications for development approvals (i.e., lot splits, special exceptions, variances, etc.) on any property within the Town Center shall be reviewed on a case-by-case basis for the effect of such development approval on future or adopted PD/UNPs. All applications for development approval (i.e., lot splits, special exceptions, variances) under the existing zoning shall be evaluated for compatibility with the adopted TCSAP and Comprehensive Plan.

(Ord. No. 2013-02 , § 1, 1-29-13)