A. Authority. The decision-making body may impose conditions on any approval. Such conditions shall be designed to implement the requirements of this code, the general plan, the city’s strategic plan, and other city policies, codes, or requirements; protect the public from potential adverse impacts from the proposed use or development; or to fulfill an identified need for public services. In addition to those conditions imposed by the decision-making body, the city may consider as a requirement or condition any plan, exhibit, statement, or other material provided by the applicant and on record with the decision.

B. Contract for Conditions. When a land use approval requires a contract, such as but not limited to a development agreement or lease of city property, conditions shall be set forth in a contract executed by the city and the applicant and approved as to form by legal counsel for the city. The contract shall be recorded on the property within 30 days or the time required by state law; the approval will become void unless (1) the project is overturned or modified on appeal; or (2) it is extended by the zoning administrator. The contract shall appear in the chain of the title of the subject property and shall constitute a burden running with the land in favor of the city and, unless otherwise provided, shall be removed only with the written authorization of the city council. The contract shall be enforceable by and against the parties, their heirs, successors and assigns. The contract, however, shall not restrict the authority of the city from taking actions affecting the property.

C. Time Limits on Conditions. Conditions shall be fulfilled within the time limitations set forth or a reasonable time if no time limitations are specified. Failure to fulfill a condition within said time may result in initiation of revocation of the approval, citation or such other enforcement action as the city deems appropriate.

D. Failure to Fulfill Previous Conditions. The decision-making body may withhold a requested approval if it determines that the current applicant has not fulfilled a previous condition or requirement from a previous approval, granted to the applicant, on the subject property, and withholding the permit would encourage compliance or is necessary to protect the public from future noncompliance.

E. Modification or Removal of Conditions. Modification or removal of conditions of approval may be requested on appeal or by application for a minor or major amendment to the existing approval as determined by the zoning administrator. Such proposals shall be processed through the same procedure that was used to impose the conditions, or as otherwise provided in this code. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.10; Ord. 14-12 § 1.]