A. This section grants authority to the Plan Commission and the Board of Zoning Appeals, within their respective jurisdictions, to allow or require commitments in connection with the following approvals or actions, in compliance with Ind. Code § 36-7-4-1015:
1. Adoption of a rezoning proposal;
2. Primary approval of a proposed Subdivision Plat or Site Development Plan;
3. Approval of a vacation of all or part of the plat; or
4. Approval of an application for a:
a. Special Exception;
b. Special Use;
c. Contingent Use;
d. Conditional Use; or
e. Variance.
5. This section also grants authority to the Plan Commission and Board of Zoning Appeals to adopt rules:
a. Governing the creation, form, recording, effectiveness, modification and termination of commitments that are made before the Plan Commission or the Board of Zoning Appeals; and
b. Designating which specially affected person and classes of specially affected persons are entitled to enforce commitments.
B. Standard Forms.
1. The Plan Commission may adopt written commitment forms as the standard forms for written commitments which are permitted or required by the Plan Commission.
2. The Board of Zoning Appeals may adopt written commitment forms as the standard forms for written commitments which are permitted or required by the Board .
3. The appropriate form shall be used whenever a written commitment is permitted or required by the Plan Commission or Board of Zoning Appeals. When necessary, the standard forms may be modified in order to conform to the type of commitment needed and not already provided for in one of the standard forms. However, the content shall only be modified as needed to conform to the type of commitment permitted or required. An otherwise modified form may be rejected by a majority vote of the Plan Commission or Board of Zoning Appeals (whichever body permitted or required the commitment).
C. Term of a Commitment. A commitment may contain terms providing for its own expiration. A commitment may also contain terms providing that the commitment automatically terminates:
1. If the district or zone or classification applicable to the parcel is changed;
2. If the land use to which the commitment relates is changed; or
3. Otherwise in accordance with the rules of the body to which the commitment was made.
D. Modification or Termination of a Commitment. Except for a commitment that expires or automatically terminates, or except as otherwise provided herein, a commitment may be modified or terminated:
1. By a decision of the Plan Commission or Board of Zoning Appeals (whichever body permitted or required the commitment); or
2. By the decision of the Common Council, if the commitment is made to the Common Council as part of a rezoning proposal.
E. A decision by the Plan Commission or Board of Zoning Appeals must be made at a public hearing after notice of the hearing has been provided under the rules of the deciding body.
F. Modification to Commitments Made Prior to Annexation. A commitment running with a parcel of land that is annexed by the City may be modified or terminated only by a decision of the Common Council. The decision must be made by the Common Council after considering the recommendation of the Plan Commission after a public hearing held by the Plan Commission. The rules of the Plan Commission must include a provision requiring notice to be sent by certified mail at least ten (10) days before the date of the hearing to the following:
1. The Plan Commission, the Board of Zoning Appeals, or the legislative body to which the commitment was made; and
2. Each owner of real property, as shown on the county auditor’s current tax list, whose real property is located within three hundred feet (300') of the parcel subject to the commitment.
G. Enforcement. An action to enforce a commitment may be brought in the circuit or superior court of Johnson County, Indiana by one of the following bodies before whom the commitment was made:
1. The Plan Commission;
2. the Board of Zoning Appeals;
3. the Common Council;
4. Any person who was entitled to enforce a commitment under the rules of the Plan Commission or Board of Zoning Appeals in force at the time the commitment was made; or
5. Any other specially affected person who was designated in the commitment.
H. Validity of Other Land Use Restrictions. This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(Ord. 20-29, § 2, 9-21-20)