A. Purpose: The purpose of this title shall be to allow a business owner to purchase a portion of a building, causing a subdivision within an existing property/structure.
B. Requirements:
1. The purchase shall include the portion of the building and the property on which it sits.
2. The Planning Commission shall review a subdivision application submitted by the subdivision requestor along with a plat map showing legal ownership, legal description and survey of proposed subdivision, townsite block, and surrounding streets.
3. Common Wall Agreement: A signed agreement shall be presented to the Planning Commission as follows:
a. Definition of properties to include legal survey and legal description of proposed subdivision;
b. Establishment of Common Facilities;
c. Repair and Maintenance;
d. Maintenance of Non-Common Areas;
e. No Right of Modification/Alteration;
f. Covenant Running with the Land;
g. Restriction on Amendment to this Agreement;
h. Lien Rights;
i. Maintenance and Repair of Individual Conjoining Property;
j. Insurance;
k. Cross-Easement;
l. Common Wall;
m. Power of Attorney;
n. Limitations of Use; and
o. Attorney Fees.
4. The Planning Commission shall consider recommendation of the requested subdivision to the Monticello City Council for final approval. (Ord. 2020-6, 11-10-2020, eff. 11-10-2020)