§ 155.028 NO USE DISTRICT (NU).
   (A)   General description. This status is applicable to certain lands in which the construction of permanent structures is prohibited pending study and survey of the lands involved by the governing body. The status is a temporary designation for the purpose of permitting proper investigation and study of land uses in lands composing this status. The status shall be applied to newly annexed land area and lands re-zoned for business in which no development has occurred for a specified period after re-zoning.
   (B)   Newly annexed lands. All lands annexed by the city shall, upon annexation, be placed in a “NU” status until the governing body has completed an investigation and study of proposed land use of the area. Upon the acceptance of a petition for annexation of an area to the city by the governing body, the property owner of such area may request from the governing body an investigation and study of such area. In the event that an ordinance annexing an area has become effective without such investigation and study, the governing body shall investigate and take action within 120 days after the effective date of the annexation. In no event shall lands newly annexed to the city be retained in “NU” status for a period in excess of one year from the effective date of annexation.
   (C)   Land remaining undeveloped for two years after business re-zoning. 
      (1)   Lands rezoned for business use after the effective date hereof shall revert to “NU” status in the event that within two years from the effective date of such zoning:
         (a)   Such land is not devoted to permitted uses; or
         (b)   The construction of improvements for a permitted use has not been commenced as evidenced by the issuance of a building permit and construction pursuant thereto.
      (2)   In the event that land for business use does not revert to “NU” status two years from the effective date of zoning issued for the construction of improvements on such land, and such building permit thereafter expires, such land shall revert to “NU” status.
   (D)   Procedure on reversion. As land reverts to “NU” status, the governing body shall make an investigation and study of proper land use thereon and shall initiate action within 60 days. In no event shall lands reverting to “NU” status be retained in this status for a period in excess of 180 days.
   (E)   Building permits. Until an NU District is zoned under this section the city shall not issue building permits in this district.
(Prior Code, § 27-A-04-09)