(A) An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.
(B) The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this subchapter.
(C) The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.
(D) The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
(F) Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this subchapter may only be commenced if a variance for such use or development is obtained from the Zoning Board of Appeals, prior to the proposed conditional zoning, in accordance with the provisions of this subchapter.
(G) Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this subchapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this subchapter.
(H) The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of City Council provided that, if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application process shall be terminated and the applicant shall re-file a new application.
(Ord. 06-001, passed 8-29-05)