Restrictions on the use and extent of development of property is the responsibility of the individual land owner through the use of a land use covenant. The covenant must be established for each parcel of land within the framework of the district regulations established in this chapter and must conform as nearly as possible to the Land Development Plan.

(Prior Code, § 4-400)

   Land use covenants may be established and filed with the deed as a matter of record without contest when the covenants shall conform to the following:

   (A)   The Land Development Plan, established by the Planning Commission.

   (B)   The restriction of population density and/or lot coverage as established by this chapter.

   (C)   In the case of developed property, to the existing, surrounding land use.

   (D)   Determination as to compliance to divisions (A) through (C) of this section shall be made by the Planning Commission.

(Prior Code, § 4-401)

   Land use covenants which do not conform to the above requirements shall have the approval of the surrounding land owners and shall be approved by the Planning Commission.

(Prior Code, § 4-402)

   The landowner shall have 180 days from the date of adoption of this chapter to file his or her land use covenant. If within this period, the landowner does not file his or her covenant, the Planning Commission may declare an automatic five-year covenant, on the property in accordance with the Land Development Plan. If a parcel of land is not in accord with the Land Development Plan, the Planning Commission may file a covenant on the property, also for a five-year period.

(Prior Code, § 4-403)

   All uses (which do not conform to the above requirements) and were established before the adoption of this chapter shall be granted one 5-year covenant. Upon expiration of the five-year covenant, the landowner will have 180 days to file a new covenant in accord with §§ 155.031 and 155.032 of this chapter.

(Prior Code, § 4-404)

   The lane use covenants established by the property owner shall govern for a period of not less than five years nor more than 99 years, except in the case of special use covenants.

(Prior Code, § 4-405)

   Upon its normal expiration , the land use covenant will be automatically reinstated for a period of five years unless, within a period of 180 days after its expiration, the property owner establishes a new land use covenant.

(Prior Code, § 4-406)

   A new land use covenant may be initiated by the property owner when the covenant has reached its normal expiration date or prior to the date when, in the opinion of the Planning Commission, such a covenant represents a hardship to the adjacent property owners.

(Prior Code, § 4-407)

   When a public body uses condemnation procedures to gain land for public projects, the land use covenant governing such property shall so be considered condemned ; and a new land use covenant will be set up by the new landowner.

(Prior Code, § 4-408)