(a) Townhouse deed restrictions.
(1) It shall be incumbent upon the owner or developer of a townhouse project to execute, file and record with the Clerk of the County Circuit Court a covenant of deed restrictions for townhouse development in the Town, as a condition for the approval of the site plan and the issuance of a building permit for the townhouse development. However, same shall meet all prerequisites as herein stated.
(2) All of the described properties shall be held, sold and all of the restrictions and imitations are intended to be and shall be taken as a consideration for any deed of conveyance hereafter made, subject to zoning ordinances, certain easements, restrictions, covenants and other conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall serve to the benefit of each owner thereof to protect them and the property rights of the other citizens of the Town.
(3) The developer of the townhouse properties shall also form a not-for-profit incorporated townhouse owners association for the purpose of administering the operation and management of the townhouse properties. The association shall be composed of the owners of record of any lot and townhouse which is a part of the townhouse properties. The bylaws of the townhouse owners association shall specifically delineate the property rights and obligations of each owner, his voting rights and such special and maintenance assessments as may be made.
(4) Further, a stipulation shall be made for the architectural control of the physical properties such as alteration or addition to buildings; the erection of fences or walls; the restriction of nuisances and offensive use of premises; the keeping of pets; erection of unauthorized clotheslines, antennas, or planting of shrubs; and the storage of inoperable vehicles and the repair thereto. It shall be stated that the general rules of law will apply to party walls, arbitration of disputes, and the enforcement of covenants and amendments. However, in all cases, such association bylaws, covenants and provisions shall be subordinate to this code of ordinances.
(b) Site plan approval. In addition to meeting the criteria in § 7A-51, all site plans for townhouse construction shall be subject to review and approval by the Town Manager and Town Attorney prior to the issuance of a building permit. The Town Manager and Town Attorney shall review the covenants and deed restrictions to assure that they will achieve the purposes and requirements set forth herein and are in proper legal form.
(c) Townhouse lot and structure requirements. Lot and structure requirements for townhouse construction are based on the entire group of townhouses rather than the individual units, except as follows: The individual townhouse units shall have a minimum of 1,300 square feet living area with a minimum width of 18 feet.
(d) Townhouse use and structures. Townhouses are hereby authorized for construction in 5-RMO, 4-RM, and 8-B Districts in the Town.
(`75 Code, Appendix A, Art. VII, § 15) (Ord. passed 9-26-72; Am. Ord. 78-5, passed 3-14-78; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 2017-05, adopted 12-20-17)