§ 29-01-060. Conditional zoning permits.

(a)

Conditional zoning allowed. If deemed necessary, the city commission may approve an application for rezoning subject to reasonable conditions related to use of the property. If the planning commission recommends to the city commission that conditions be attached to the rezoning, the planning commission must specify reasons for the conditions.

(b)

Ordinance. Where conditional zoning is approved by the city commission, the rezoning ordinance shall reflect all conditions under which the zoning was granted.

(c)

Reversion of conditional zoning. If conditional zoning is contingent on the existence of a particular condition and that condition ceases to exist, or if the zoning was granted until an event occurs and the event does occur, the city may initiate action to restore the zoning status to the property's prior zoning classification.

(d)

Public hearing. No conditionally zoned property shall be restored to its prior zoning classification until a hearing before the city commission has been held to determine whether the conditions of zoning still exist. If the city commission determines that the conditions no longer exist, the zoning shall revert to the parcel's prior zoning classification.

(Code 1960, § 11-15-7; Ord. No. 306, 11-8-60; Ord. No. 754, 4-25-89; Ord. No. 1234, § 1, 3-22-05)