Change of zone limitations and restrictions

A. Power to limit and restrict. In granting a zoning ordinance amendment, the town council may limit the change to one (1) or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions as the town council deems necessary. Such limitations, conditions and restrictions may include, but are not limited to:

• 1. Conditions precedent, 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, prior to the zone change becoming effective;

• 2. Those relating to the effectiveness or continued effectiveness of the zoning change; and/or

• 3. Those relating to the use of the land.

B. Notation of limits and implementation of restrictions. The town clerk shall cause the limitations and conditions so imposed to be clearly noted on the official zoning map and recorded in the land evidence records. However, in the case of a conditional zone change where conditions precedent have been imposed, the zone change and the conditions shall not be noted on the official zoning map until the zone change has become effective. 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 designation before the petition was filed. 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.