Whenever a commitment may be permitted or allowed under the terms of this chapter the following regulations shall govern the creation, form, recording, enforcement, modification and termination of commitments.
(A) Creation of commitments. A commitment shall be executed by the owner of record of the property (property owner) which is the subject of a petition or proposal and any other party necessary to give legal effect to the terms of the commitment. Terms of a proposed commitment shall be reviewed at a public hearing on the petition or proposal. A commitment shall be submitted in a form satisfactory to the body which permits or requires the commitment. The property owner shall be responsible for prompt recording of the commitment and shall submit evidence of recording to the Planning and Zoning Office.
(B) Enforcement. A commitment may be enforced by the body which permitted or required the commitment and any specially affected persons designated in the terms of the commitment. Specially affected persons may include, but are not limited to owners of adjacent properties, public service organizations and neighborhood associations. Unless modified or terminated by the body which permitted or required the commitment, a commitment is binding upon the property owner, a subsequent property owner and any person who acquires an interest in the property. If, however, the commitment is not recorded, the commitment is binding only upon the property owner and any party who has actual notice of the commitment.
(C) Modification and termination. A commitment may be modified or terminated only by a decision of the body which permitted or required the commitment after notice to interested parties and a public hearing. Written notice of the public hearing shall be provided to designated specially affected persons with authority to enforce the commitment. The body which permitted or required the commitment may modify or terminate the commitment only upon finding that:
(1) A change in circumstances has occurred which makes unnecessary the purpose for which the commitment was originally made;
(2) Due to a change in circumstances, the burden imposed by the commitment constitutes an undue hardship as weighed against the interest the commitment was intended to protect;
(3) The purpose of the commitment will be better served by modification of the commitment; or
(4) A change in law or circumstances has rendered performance of the commitment illegal or impossible.
(1979 Code, § 151.235) (Ord. 4370, passed 7-20-1998)