(A) Supplementary conditions and safeguards.
(1) In granting any special exception, special use, contingent use, conditional use, variance or other relief on appeal, the B.Z.A. may prescribe any reasonable conditions and safeguards necessary to protect the spirit and purpose of this chapter and the Comprehensive Plan and those purposes set forth in the Indiana Planning and Zoning Law, being I.C. 36-7-4-101 through 36-7-4-1213.
(2) Violation of the conditions and safeguards when made a part of the Board of Zoning Appeal’s decision or the violation of any written commitment shall be deemed in violation of this chapter subject to the enforcement and penalty provisions set forth in § 155.999.
(B) Written commitments.
(1) In the case of a petition for any of the following, from the terms of this chapter, a Board of Zoning Appeals may permit or require the petitioner and/or owner of the parcel of property subject to the Board's review to make a written commitment concerning the use or development of that parcel:
(a) Special exception;
(b) Special use;
(c) Contingent use;
(d) Conditional use; or
(e) Variance.
(2) The B.Z.A. may:
(a) Adopt rules governing the creation, form, recording, modification; and
(b) Adopt rules designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
(3) If the B.Z.A. requires a written commitment from the petitioner, the B.Z.A. may require the petitioner to submit a proposed written commitment at the time of the pre-hearing preceding the public hearing. Nevertheless, the B.Z.A. shall establish all items to be included in the written commitment including conditions upon which the commitment may terminate, no later than:
(a) At the meeting at which that matter is first presented for public hearing; or
(b) At any continued meetings on that matter.
(4) The B.Z.A. may require the commitment to be recorded at the petitioner's expense prior to taking final action on the petition. By permitting or requiring commitments, the B.Z.A. does not obligate itself to approve or deny any request.
(5) The written commitments may be enforced by the Town of Beverly Shores by and through its Town Council, the B.Z.A., the Building Commissioner or record owners of property located within 300 feet of the parcel subject to the commitment.
(6) (a) Commitments shall be recorded in the Porter County Recorder’s Office and take effect upon the granting of the exception, use or variance.
(b) Unless modified or terminated by the B.Z.A., a commitment is binding on the petitioner, the owner of the parcel, each subsequent owner and each other person acquiring an interest in the parcel.
(c) A commitment may be modified or terminated only by a decision of the Board made at a public hearing after notice as provided by rule.
(Ord. 208, passed 12-19-1983)