A duplex of which both dwelling units may be sold separately if:
(A) At the time the dwelling units are severed from common ownership, the owner or owners of the two dwelling units have signed an agreement to run with the land, in a form adequate to ensure access for maintenance and providing for maintenance of the walls and driveways or a set of covenants and restrictions are in place to provide for said maintenance. Nothing in this section shall be interpreted as permitting the construction of any adjacent buildings using only one wall for both buildings; each building shall have its own wall;
(B) A re-subdivision plat dividing the lot has been approved by the County Plat Officer prior to recording. A formal subdivision procedure shall not be required; and
(C) The duplex otherwise complies with the requirements of this chapter, as amended from time to time. The subdivided lot shall be considered one lot for purposes of all other provisions of this chapter.
(Prior Code, 7 TCC 1-5(s))