(A) General. Subject to division (B) below, all petitions and permits are transferable, so long as the land or structures or any portion thereof covered under a petition or permit continues to be used for the express purposes for which the petition or permit was granted. The terms and requirements of the petition or permit apply to and restrict the use of land or structures covered under the petition or permit, not only with respect to all persons having any interest in the property at the time the petition or permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the petition or permit was originally issued.
(B) Petitions not transferable. Home occupation special exception petitions, use variance petitions and their related ILPs are not transferable. Any continuance of these petitions shall require a new petition approved by the BZA. The BZA, at their sole discretion, may also stipulate that any petition or permit is not transferable where situations warrant it.
(C) Recording and required fee. Whenever a petition or permit is issued that is not transferable, the following shall apply:
(1) Nothing authorized by the petition or permit may be started until a document stating such petition or permit is not transferable is recorded in the Montgomery County Recorder’s office and indexed under the record owner’s name as grantor.
(2) The petitioner shall be required to pay the Plan Commission office an additional fee to have the document recorded.
(Ord. 4-2009, passed 3-9-09)