(a) At the time a request is made to zone a parcel PBP, the owner and/or developers shall develop and submit deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are commonly owned and maintained. These restrictions shall be a part of the zoning application and shall be considered in the zoning approval process and shall be enforced by the Planning Commission when recorded with a final subdivision plat.
(b) A review committee consisting of property owners must be created to enforce the deed restrictions. Approval by this committee will be required prior to Planning Commission approval of any zoning permits.
(c) No improvement of any kind shall be installed, erected, placed, constructed, assembled or permitted to remain on any of the properties within the Park until and unless the proposed uses and nature, shape, size, color, architectural design, material, location and landscaping, paving plans, curbing and storm drainage, have been submitted in writing to the Planning Commission and the Planning Commission has approved in writing such development plans and specifications as conforming to the PBP district regulations.
(d) These covenants and restrictions shall be enforceable by injunction and otherwise by the Planning Commission, its successors or assigns. The Planning Commission reserves the right to take steps to correct, for example, an undesirable appearance of grounds. The owner or owners of such lots shall be liable for all costs incurred in such action and the total costs thereof shall be a lien on said property, which lien may be foreclosed in the manner provided for foreclosure of mortgages in the State of Ohio.
(e) Each grantee, by the acceptance of a deed of conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, and the jurisdiction, rights, and powers of the Planning Commission, created or reserved by this chapter and all rights, benefits and privileges of every character hereby created, granted, reserved or declared, and all impositions and obligations hereby imposed shall run with the land and each and every part thereof and bind each and every owner as though the provisions of the chapter were recited and stipulated at length in each and every deed of conveyance. The violation of any restriction or condition, or the breach
of any covenant or provision herein contained shall give the Planning Commission the right to enter the property, upon or as to which such violation or breach exists, and to summarily abate and remove any structure, object or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof and said Committee shall not, by reason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal, or the continuance of any breach may be enjoined, abated or remedied by appropriate legal proceedings, either at law or in equity, by said Planning Commission, its successors or assigns.
(f) A failure of the Committee, its successors or assigns, to enforce any of the restrictions, rights, reservations, limitations, agreements, covenants and conditions contained herein shall in no event be construed, taken or held to be a waiver or acquiescence in or consent to any violation thereof, and said Planning Commission, its successors and assigns, shall at any time and at all times have the right to enforce the same.
(g) The invalidity of any restriction hereby imposed or of any provision hereof, or any part of such restriction or provision, shall not impair or affect in any manner the validity, enforceability, or effect of the remainder of this chapter or any covenant, as a result of herein.
(Ord. 30-22. Passed 12-12-22.)