(a) Purpose. It is recognized that there may be instances in which it would be in the best interests of the City, as well as advantageous to the property owner seeking a change in zoning boundaries, if certain conditions could be proposed by the property owner as part of a rezoning request. In order to encourage appropriate land use, stabilize property values, and protect neighborhoods, the applicant may propose and the Planning Commission may recommend that a proposed zone change only be approved with certain conditions and safeguards. Any property where a zone change has been approved under such conditions shall be known as a "conditionally zoned" property and indicated as such with a suffix "CZ" on the official zoning map.
(b) Application and Offer of Conditions.
(1) The required application and process for considering a conditional rezoning request shall be the same as for a rezoning request made without any offer of conditions, except as modified by the requirements of this section.
(2) An applicant for a rezoning may voluntarily offer zoning conditions, in writing, along with an application for rezoning before or following the public hearing for the proposed rezoning.
(3) The zoning conditions may include limitations on the uses permitted on the subject property, specification of lower density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features.
(4) In addition to the information required under Section 1177.03(a), a zone change amendment application for a conditional use shall require a preliminary plan showing, at a minimum, the following information:
A. Location of buildings, building heights.
B. Location of streets, parking areas, loading areas.
C. Location of landscaped areas, buffer zones.
D. Gross acreage and proposed land coverage.
E. Detailed description of proposed uses.
F. Other information needed by the Commission to judge the impact of the proposal and the relationship to the surrounding area.
(5) Council's approval of a zone change for a conditional use allows only the specific use and arrangement of structures and facilities shown in the approved preliminary plan. Any building permit, Certificate of Occupancy, or Certificate of Zoning Compliance granted for such a conditional use must be in accordance with the approved plan. Any other use proposed shall require an application for a zone change amendment.
(6) The zoning conditions may not authorize uses or developments of greater intensity or density, or which are not permitted in the proposed zoning district; nor may the conditions permit variations from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district.
(7) The conditions offered by the owner shall bear a reasonable and rational relationship to the property for which the rezoning is requested.
(8) Following Council's approval of the preliminary plan, the Zoning Board of Appeals may, by variance, authorize minor adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards, provided that such requests conform to the general standards established by the approved preliminary plan and this Ordinance.
(9) The offer of conditions may be amended during the process of rezoning consideration; provided, 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 the City Council; provided, if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, the rezoning application shall be referred to the Planning Commission for reconsideration and a new public hearing with appropriate notice.
(c) Planning Commission Review. The Planning Commission, after public hearing and consideration of the standards for rezoning set forth in Section 1177.04, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
(d) City Council Review. The Council may consider amendments to the proposed conditional rezoning, and if such amendments to the proposed conditions are acceptable to and agreed to by the owner, council shall then vote to approve or deny the revised conditions. The action by council shall be taken in accordance with the provision of Section 1177.03(d)(6) and (d)(7) of this Ordinance.
(e) Approval.
(1) If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written conditional use agreement acceptable to the owner and conforming in form to the provisions of this section. The conditional use agreement shall be incorporated as an inseparable part of the ordinance adopted by council to accomplish the requested rezoning.
(2) The conditional use agreement shall:
A. Be in a form recordable with the office of the County Recorder or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the conditional use agreement in a manner acceptable to the City Council. A statement by the owner acknowledging that the conditional use agreement, affidavit or memorandum may be recorded by the City with the office of the County Recorder shall also be included. The cost of recording the agreement shall be paid by the owner.
B. Contain a legal description of the land to which it pertains.
C. Contain a statement acknowledging that the conditions run with the land and are binding upon successor owners of the land.
D. Incorporate by attachment or reference any diagram, plans or other documents submitted by the owner and approved by the Planning Commission or City Council that are necessary to illustrate the implementation of the conditional use agreement. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.
E. Contain the notarized signatures of all owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the conditional use agreement.
(3) Upon the effective date of the conditional rezoning, the Zoning Map shall be amended to reflect the new zoning classification along with a suffix designation "CZ" indicating the land was rezoned conditionally with a conditional use agreement. The City Clerk shall maintain a listing of all lands rezoned with a conditional use agreement.
(4) The approved conditional use agreement or an affidavit or memorandum giving notice thereof shall be filed by the City with the office of the County Recorder. The Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the city or to any subsequent owner of the land.
(5) Upon the effective date of the rezoning, subsequent use of the subject property shall conform to all requirements regulating use and development within the new zoning district, as modified by any more restrictive provisions contained in the conditional use agreement.
(f) Compliance with Conditions.
(1) Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all conditions set forth in the conditional use agreement. Any failure to comply with a condition contained within the conditional use agreement shall constitute a violation of this Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance, per se, and subject to judicial abatement as provided by law.
(2) No permit or approval shall be granted under this Code for any use or development that is contrary to an applicable conditional use agreement.
(g) Time Period for Establishing Development or Use. Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced within eighteen (18) months of the effective date of the rezoning and proceed diligently to completion. Upon written request by the owner, the City Council may grant one extension for a period not to exceed one (1) year if:
(1) It is demonstrated to the Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and
(2) The City Council finds there has not been a change in circumstances that would render the conditional zoning incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
(h) Reversion of Zoning. If the approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (g) above, the City Council may request the Planning Commission to proceed with consideration of rezoning the land to its former or other suitable zoning classification. The procedure for considering and making this reversionary rezoning shall follow the procedures specified in this chapter for other map change amendments.
(i) Subsequent Rezoning of Land. When land that is rezoned with a conditional use agreement is subsequently rezoned to a different zoning classification or to the same zoning classification but with a different or no conditional use agreement, whether as a result of a City initiated action in accordance with subsection (h) above or otherwise, the conditional use agreement imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the City Clerk shall record with the office of the County Recorder a notice that the conditional use agreement is no longer in effect.
(j) Amendment of Conditions.
(1) During the time period for commencement of an approved development or use specified pursuant to subsection (g) above or during any extension granted by the Council, the City shall not add to or alter the conditions in the conditional use agreement.
(2) The conditional use agreement may be amended thereafter in the same manner as was prescribed for the original rezoning and conditional use agreement.
(k) City Right to Rezone. Nothing in the conditional use agreement nor in the provisions of this section shall be construed to prohibit the City from rezoning all or any portion of land that is subject to a conditional use agreement to another zoning classification or from amending the zoning provisions of the district in which the applicant's land is located. Any rezoning or other amendment shall be conducted in compliance with this Code.
(l) Failure to Offer Conditions. The City shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this Ordinance.
(Ord. 4-21. Passed 1-4-21.)