(a) Prevailing at the Time of Execution. Unless otherwise provided by the development agreement, the ordinances, rules, regulations, and official policies applicable to development of the subject property and governing the following areas:
(1) Permitted uses of the land;
(2) Density; and
(3) Design, improvement, and construction standards and specifications, shall be those ordinances, rules, regulations, and official policies in force at the time of execution of the agreement.
(b) Subsequently Enacted Regulations–General Rule and Exceptions.
(1) General rule. Ordinances, rules, regulations, and official policies that govern permitted uses of the land, density, and design, improvement, and construction standards and specifications, and that are enacted subsequent to execution of the development agreement, shall not be enforced against the subject property.
(2) Exceptions. Notwithstanding division (b)(1) of this section, a development agreement shall not prevent the City, in subsequent actions, from applying any of the following to the subject property:
A. New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the subject property as set forth in the development agreement;
B. New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the development agreement;
C. New ordinances, rules, regulations, and policies that are necessary to address a significant and immediate threat to the public health, safety, and welfare; or
D. [Reserved.]
E. New ordinances, rules, regulations, and policies when the City finds that the development agreement is based on substantially inaccurate information supplied by the developer.
(Ord. 18-93. Passed 10-15-19.)