§ XV-E
Conditions set on zone changes
- 1. In granting the zoning ordinance amendment, notwithstanding the provisions of Article V. Permitted Uses, the Town Council may limit the change to one (1) of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:
- a) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;
- b) Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
- c) Those relating to the use of the land; as the Council deems necessary.
- 2. The Town Planner, or if none the Planning Board, shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective.
- 3. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two (2) years or more after the zone change becomes effective, the Town Council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the petition was filed.
- 4. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.