As part of its review of a petition for a special exception or variance of development standards, the Board of Zoning Appeals may permit or require the property owner(s) to make written commitments concerning the use or development of that property, in accordance with I.C. 36-7-4-921, as may be amended, and the Board's rules.

   The Board may permit or require written commitments in conjunction with its review of a petition for a special use, use variance, or variance of development standards. Written commitments may address or include the following issues:

   A.   Limiting the uses which would be permitted on the property;

   B.   Placing restrictions on the size, location, height, appearance, or similar aspects of a proposed structure or structures in a proposed development or future development proposal;

   C.   Establishing standards or requirements relative to screening, buffering, landscaping, parking, or other similar site design aspects of a proposed development or future development proposal;

   D.   Limiting off-site impacts of a proposed structure or development or future development proposal, relative to drainage, noise, site lighting, signage, or similar uses; and

   E.   Similar use, building layout, or site design issues.

   Written commitments made under the authority of the BZA shall be prepared and submitted by the owner or applicant and shall be in a form acceptable to the Town Attorney.

   Written commitments made under the authority of the BZA shall only be modified or terminated by the BZA. Prior to the BZA considering a request to modify or terminate a commitment previously approved, the BZA shall hold a public hearing on the request. The procedure for the public hearing is the same as set forth in Section 11 of this appendix.

   Written commitments made under this section shall be executed by the owner or applicant, approved by the Board of Zoning Appeals, and recorded in the DeKalb County Recorder's Office. Unless modified or terminated by the BZA, a recorded commitment is binding on:

   A.   The owner of the parcel;

   B.   Any subsequent owner of the parcel; and

   C.   Any person who acquires an interest in the parcel.

   Written commitments made under this section shall include provisions for the enforcement of the commitment. The commitment shall designate the BZA as a party entitled to enforce the commitment. Other appropriate parties may also be entitled to enforce the commitment. A violation of a written commitment shall be considered a violation of the zoning ordinance.

   A.   By permitting or considering a written commitment, the BZA does not become obligated to approve a petition.

   B.   This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with the law.

   As part of its review of and recommendation on a proposed zoning map amendment, the Plan Commission may permit or require the owner or applicant to make written commitments concerning the use or development of that property in accordance with I.C. 36-7-4-615, as amended.

   The Plan Commission may permit or require written commitments within its review of a proposed zoning map amendment. Written commitments may address or include the following issues:

   A.   Limiting the uses which would be permitted on the property;

   B.   Placing restrictions on the size, location, height, or similar aspects of a proposed structure or structures in a proposed development or future development proposal;

   C.   Establishing standards or requirements relative to screening, buffering, landscaping, parking, or other similar site design aspects of a proposed development or future development proposal;

   D.   Limiting off-site impacts of a proposed structure or development or future development proposal, relative to drainage, noise, site lighting, signage, or similar uses; and

   E.   Similar use, building layout, or site design issues.

   Written commitments made under the authority of the Plan Commission shall be prepared and submitted by the owner or applicant and shall be in a form acceptable to the Town Attorney.

   A written commitment made under this section shall automatically terminate if, after the adoption of the commitment and approval of the proposed zoning map amendment, the zoning classification of the applicable lot or development parcel is changed at some future point. Otherwise, written commitments made under this section shall only be modified or terminated by the Plan Commission. Prior to the Commission considering a request to modify or terminate a commitment previously approved under this section, the Commission shall hold a public hearing on the request.

   Written commitments made under this section shall be executed by the owner or applicant, approved by the Plan Commission, and recorded in the DeKalb County Recorder's Office. Unless modified or terminated by the Plan Commission or automatically terminated, a recorded commitment is binding on:

   A.   The owner of the parcel;

   B   Any subsequent owner of the parcel; and

   C.   Any person who acquires an interest in the parcel.

   Written commitments made under this section shall include provisions for the enforcement of the commitment. The commitment shall designate the Plan Commission as a party entitled to enforce the commitment. Other appropriate parties may also be entitled to enforce the commitment. A violation of a written commitment shall be considered a violation of the Zoning Ordinance.

   A.   By permitting or considering a written commitment, the Plan Commission does not become obligated to recommend approval of the proposed zoning map amendment. The Town Council shall likewise be under no obligation to approve the request.

   B.   This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with the law.

(Ord. 05-03, passed 7-12-05)