In the case of a petition for a special exception or a variance from the terms of the Zoning Ordinance, the Board may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel.
(A) The Board may:
(1) Adopt rules governing the creation, form, recording, modification, enforcement, and termination of commitments; and
(2) Adopt rules designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
(B) Commitments shall be recorded in the office of the County Recorder and take effect upon the granting of the exception, use or variance. Unless modified or terminated by the Board, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. 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.
(C) By permitting or requiring commitments, the Board does not obligate itself to approve or deny any request.
(D) Conditions imposed on the granting of an exception, use, or variance are not subject to the rules applicable to commitments.
(E) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(Prior Code, § 153.140) (Ord. 93-02, passed 2-1-1993)