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(A) (1) The Board of Zoning Appeals may require written commitments prior to the granting of a variance or special exception. In that event, the BZA may continue any hearing prior to any receipt of written commitments as presented by the petitioner.
(2) In the alternative, the BZA may grant a variance or special exception contingent upon receipt of written commitments. In that event, the variance or special exception does not take effect until the written commitments have been presented to, accepted, and approved by the Building Commissioner, subject to any specific instructions provided by the Board at the time of granting the variance.
(B) (1) Any oral commitment or representation made by the petitioner at a hearing for a specialexception or variance, or any request by the BZA made to a petitioner in order to receive approval for a variance or special exception as contained in the minutes of the meeting, will make that variance or special exception, if granted, contingent upon the completion of that representation or commitment.
(2) In the event that the petitioner or anyone who represents the petitioner fails to abide by the representation or commitment to which the BZA may subject a variance or special exception, the Building Commissioner may send notice to the petitioner of the violation for failure to abide by that representation or commitment, and the petitioner will have 30 days in which to correct the violation. In the event that the violation is not corrected after that period of time as specified in the Building Commissioner’s letter, then the special exception or variance shall become void.
(C) The Board of Zoning Appeals may require any other commitments as provided by § 150.70 of this code.
(`88 Code, § 8-19) (Ord. 98-20, passed 11-10-98)