Article 26 — RECORDING CONDITIONS ON USE OF LAND

(Added by O-1874)

Whenever the City Council, Planning Commission, or other body or officer of the City grants an application for a change of zone, a variance, a waiver, a conditional use permit, a precise plan or any other type of planning or zoning relief and imposes conditions thereon or other limitations on the use of the subject property.

a) No change in the use of the subject property shall be made in conformance with such planning relief; and

b) No building permit shall be issued for construction of any building or structure which may be constructed only in accordance with or by reason of such planning relief, unless and until the owners of the subject property have executed and recorded with the County Recorder an agreement with the City in which such owners promise to perform such conditions and abide such other limitations. Such agreement shall run with the land and be in a form acceptable to the City Attorney.

The provisions of Section 92.26.1. shall not apply to:

a) Changes of zone which have been initiated by the City Council or Planning Commission unless otherwise directed by the Planning Commission or the City Council; or

b) To any condition or other limitation which, in the opinion of the Planning Commission or the City Council (whichever body grants the planning relief requested), is of transitory nature or is otherwise not enforceable by the City so that the public interest would not be served by such recordation.