Sec. 42. (a) The commission may, by the vote of at least six (6) of the members, or for a certificate of appropriateness by a majority of the members, as a condition of approval of a zoning variance or of issuance of a certificate of appropriateness, require:

(1) the petitioner;

(2) a person described by section 56(a)(2)(D) of this chapter; and

(3) the owner of the land for which the zoning variance or certificate of appropriateness is sought;

to prepare and execute in a form acceptable by the commission and to file with the commission a written agreement notarized by each signatory party.

(b) By the agreement signed under subsection (a) each party agrees for the party and for the party's heirs, successors, and assigns, and for a party with a legal or equitable interest in the subject property, covenants for the party and for a successor to the legal or equitable interest in the property, to be bound by the following:

(1) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the future use or development of or construction upon the subject property.

(2) The restrictions or limitations that the commission has, in furtherance of the intent and purpose of this chapter, specified concerning the character, nature, or style of a proposed, contingent, or possible use or construction:

(A) for which the zoning variance or certificate of appropriateness is sought; or

(B) that would be permitted by the zoning variance or certificate of appropriateness.

(3) Undertakings that the commission has, in the furtherance of the intent and purpose of this chapter, required concerning the planning, design, or implementation of a proposed, contingent, or possible use or construction.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(b).]

As added by P.L.1-1995, SEC.83.