(A) General. A written commitment by the owner of a parcel of property concerning the use or development of the said parcel may be required or permitted as a condition to approval of procedures as follows.
(B) Amendments.
(1) This section shall apply only to a development plan as a requirement for an amendment to the zoning maps incorporated herein this chapter, pursuant to state law.
(2) The Plan Commission may permit or require the owner of a parcel of property to make a written commitment concerning the proposed use or development of that parcel.
(a) The commitment shall be submitted and approved prior to a recommendation being certified to a participating jurisdiction of an amendment.
(b) The commitment shall be in a form satisfactory to the Director and to the attorney of the appropriate participating jurisdiction.
(c) The commitment shall be recorded by the owner in the office of the County Recorder prior to adoption of the amendment ordinance by the participating jurisdiction. The commitment shall take effect upon the adoption of the amendment to the ordinance.
(d) Unless modified or terminated by the Commission, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
(e) The commitment may be modified or terminated by the Commission only after a public hearing following public notice to the appropriate participating jurisdiction and to adjacent property owners as provided in the Commission’s adopted rules and procedures.
(f) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(C) Special exceptions and variances.
(1) This section shall apply only to a development plan as a requirement for a special exception or variance to this chapter, pursuant to state law.
(2) The Board may permit or require the owner of a parcel of property to make a written commitment concerning the proposed use or development of that parcel.
(a) The commitment shall be submitted and approved prior to a decision on the special exception or variance.
(b) The commitment shall be in a form satisfactory to the Director and to the attorney of the Board.
(c) The commitment shall be recorded by the owner in the office of the County Recorder prior to approval of the special exception or variance. The commitment shall take effect upon the approval of the special exception or variance.
(d) Unless modified or terminated by the Board, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
(e) The commitment may be modified or terminated by the Board only after a public hearing and following public notice to the adjacent property owners as provided for petitions in the Board’s adopted rules and procedures.
(f) Conditions imposed on the granting of a special exception or variance is not subject to the rules applicable to commitments.
(g) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(1985 Code, § 36-7-4-600(10.10))