§ 14.6. Conditional zoning.

1.

Whenever the petitioner(s) or petitioner(s) for an amendment to the comprehensive zoning of the city consents as a condition to the granting of the rezoning to the conveyance of additional right-of-way to the city, such conveyance shall be completed within 60 days of the approval of the rezoning at a petitioner(s)'s expense; failure to complete conveyance to the city shall cause the immediate reversion of the zoning on any such parcel to its previous zoning classification.

2.

Notwithstanding other provisions of this section, failure of petitioner(s) to secure a building permit and commence bona fide and substantial construction in accordance with city council approved conditional zoning within 12 months of the granting of conditional zoning shall cause the immediate reversion of the zoning of any such parcel to its previous zoning classification.

3.

All conditions and stipulations heretofore required by the city council in approving conditional zoning shall remain in full force and effect, and all terms, conditions and objections imposed as a condition to rezoning under the conditional provisions of the preceding zoning regulations shall remain in effect and be binding.

4.

Any cessation of development or construction after final plat has been legally recorded shall not cause a zoning reversion to its previous zoning classification. The conditions and stipulations of the approved conditional zoning shall remain in effect and be binding on subsequent owners. In order to accomplish this, the recorded final plat shall have fully described on it the conditions and stipulations mutually agreed on, in writing, when the city council granted the conditional zoning. Thereafter, removal of the conditional zoning classification shall require a rezoning petition and favorable decision by the governing authority.

(Ord. of 4-28-2008)