(A) In the case of a petition for a variance, conditional use or special exception from the terms of this chapter, the Board may permit or require the owner of the affected parcel to make a written commitment concerning the use or development of the affected parcel.
(B) The Board may adopt rules governing the creation, form, recording, modification, enforcement, and termination of commitments; and designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
(C) Commitments shall be recorded in the County Recorder’s office and shall take effect upon the granting of the exception, use or variance. Unless modified or terminated by the Board, a commitment is binding on the owner of the parcel, each subsequent owner and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person had actual notice of the commitment. A commitment may be modified or terminated only by the Board at a public hearing after notice as provided by rule.
(D) By permitting or requiring commitments, the Board does not become obligated to approve or deny any request.
(E) Conditions imposed on the granting of an exception, use or variance are not subject to the rules applicable to commitments.
(F) The rules applicable to commitments do not affect the validity of any covenant, easement, equitable servitude or other land use restriction created in accordance with law.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)