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(A) Prior to granting any variance, the BZA may prescribe appropriate commitments which shall be provided by the applicant before approval of any variance. The BZA may require the owner of a parcel of property to make a written commitment which shall be provided by the applicant before approval of any variance. The BZA may require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, and record the same.
(1) For the purpose of state law, the BZA or any person claiming to be adversely affected by any commitment is entitled to enforce the commitment.
(2) A commitment shall be created by the owner of the property by affixing his or her signature to a written statement of the terms of the commitment. The commitments shall be approved by the BZA and the same recorded by the petitioner prior to any variance taking effect.
(3) A commitment may be modified or terminated only by a decision of the BZA made at a public hearing after notice is given in accordance with the requirements set forth in this title.
(4) If any person fails to abide by a commitment, that person commits a violation of Chapter 157 of this code of ordinances. The commitment shall be enforced in accordance with the provisions of Chapter 157. Any violation of any commitment for which a variance has been granted shall constitute a nullification of that variance.
(B) In granting a use, special exception, or variance, the BZA may also prescribe reasonable conditions or safeguards which will be in accordance with all the following requirements.
(1) The condition or safeguard must be designed to protect natural resources and the health, safety, and social or economic well-being of those who use the land, and active consideration will be given to residents and landowners adjacent to the proposed land use or activity.
(2) The condition or safeguard must be necessary to maintain the purpose of this title or the standards established in this title for the land use designated.
(C) The violation of any specified conditions or commitment required as a part of granting a variance, use, or special exception will serve as a voidance of the variance, use, or special exception upon issuance of a stop order by the BZA or its designated representative.
(`88 Code, § 8-185) (Ord. 98-20, passed 11-10-98)