§ 33-31. Unity of title requirements for residential developments.

(1)

In order to assure that proposed developments are developed in substantial compliance with proffered plans, or in compliance with plans approved by public hearing, the Director may, when he deems it necessary in order to preserve the integrity of a development, require a property owner to file a unity of title, or other similar agreement or covenant, on a form approved for legal sufficiency by the County Attorney.

(2)

(a)
Maintenance of common areas and facilities.

1.

A homeowners' association, or similar association, shall be created for the entire development (total property) as a master association which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas so long as said associations, or the members thereof, are made members of the master association, or,

2.

The property owner shall execute and record among the public records a covenant running with the land for the entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas.

(b)

Each phase of development, when standing independently or in conjunction with existing developed contiguous phases, shall meet all zoning requirements. This subsection shall not be subject to a request for a variance.

(c)

Recordable documents establishing reciprocal rights or cross-easements for satisfaction of zoning requirements (including water and sewer lines, common parking areas, streets, driveways, entrances and exits, etc.).

(3)

The recordation of separate mortgages on each phase subsequent to the recordation of a unity of title or other similar agreement or covenant shall not be deemed as a breach of the agreement, nor shall sales of individual units in the development.

(4)

The provisions of this section shall not render structures approved pursuant to these provisions as nonconforming in nature. Subsequent changes more restrictive in nature in the Code relating to the underlying zoning on the property shall render the uses nonconforming in nature.

(Ord. No. 81-63, § 1, 6-2-81)