(A) Conditions imposed by Board of Zoning Appeals; affidavit of compliance.
(1) Whenever the decision of the Board of Zoning Appeals is conditioned upon petitioner’s compliance with a requirement imposed by the Board concerning construction or site development (e.g., installation of landscaping, fencing, paving or any comparable requirement) the petitioner shall be required to notify the Board of Zoning Appeals of the timely fulfillment of the requirement by filing with the Zoning Administrator an affidavit of compliance in a form approved by the Zoning Administrator. If the time for fulfillment of the condition is stated in the Board’s decision, the affidavit shall be filed within 30 days after the time allowed in the Board’s decision. If the time for fulfillment for the condition is not stated in the Board’s decision, the affidavit shall be filed within 30 days after the commencement of the use or completion of construction authorized by the Board’s decision, whichever is earlier.
(2) Failure to comply with any conditions imposed by the Board of Zoning Appeals shall constitute a violation enforceable pursuant to the procedures and provisions in § 153.999.
(B) Commitments; recording.
(1) If deemed advisable, the Board of Zoning Appeals may require the petitioner to make written commitments concerning the use or development of the subject property.
(2) The commitments shall be reduced to writing in recordable form and signed by the owners of the real estate. The commitments shall authorize their recording by the Zoning Administrator upon the grant of the variance, conditional use or contingent use petition by the Board of Zoning Appeals.
(3) The commitments may be modified or terminated by a decision of the Board of Zoning Appeals made at public hearing after proper notice has been given. Any modification or termination of the commitments approved by the Board shall not be in full force and effect until reduced to writing by the present owner(s) of the real estate, endorsed by the Board and recorded in the Office of the Recorder of the county.
(Ord. O-C-97-10, passed 12-22-1997) Penalty, see § 153.999