In his conditional zoning request, an owner, prior to public hearings before the Municipal Planning Commission and Council, may agree, in writing, to accept reasonable conditions in addition to the regulations provided for the zoning district provided that:
(a) The rezoning itself must give rise to the conditions;
(b) Such conditions shall have a reasonable relation to the rezoning;
(c) Such conditions shall not include a cash contribution to the City;
(d) Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities;
(e) Such conditions shall not include payment for or construction of off-site improvements unless essential to the rezoned use;
(f) No condition shall be offered that is not related to the physical development or physical operation of the property; and
(g) All such conditions shall be in conformity with the Continuing Comprehensive Plan.
The initial written statement of the offered conditions, with any supporting materials shall be signed by the owner and made a part of the request for rezoning. The offered conditions shall be explained fully by the owner or his agent at the public hearings before the Planning Commission and Council. At the Planning Commission public hearing, the owner may revise or amend his written statement or may request that the application be continued to a specified future date to allow revision or amendment of his written statement or offered conditions. After the Planning Commission has formally taken action on the application and its offered conditions, the written statement of conditions shall not be further revised or amended without referral back to the Planning Commission for review and processing as a new request.
(Ord. 54-88. Passed 1-10-89.)
(Ord. 54-88. Passed 1-10-89.)