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,~ ~\ 1 ~f ~/ CITY OF NORTH OLMSTED ~_ ~ ~l 0 ORDINANCE N0. 89-80 (c.~r~.- 3 /9 9/ BY: COUNCILMAN RALPH EOHLMANN ~ AN ORDINANCE CREATING NEW SECTIONS 1101.10(e) OF THE NORTH OLMSTED SUBDIVISION ORDINANCE AND 1119.02(d) OF THE NORTH OLMSTED ZONING CODE, PROVIDING FOR NOTIFICATION TO LAND OWNERS OF EXISTING RESTRICTIVE COVENANT DEEDS AND REQUIRING THAT BUILDINGS, ALTERATIONS, AND ADDITIONS BE CONSTRUCTED IN ACCORDANCE WITH SUCH PROPERLY EXECUTED AND RECORDED RESTRICTIVE COVENANT DEEDS. WHEREAS, it is a common practice in new residential subdivisions to subject the lots therein to restrictive covenant deeds, which impose building restrictions in addition to those imposed by the City's Zoning and Building Codes; and WHEREAS, this Council has received complaints from City residents that new homes are being constructed within subdivisions of the City in violation of properly executed and recorded restrictive covenant deeds, which contain restrictions which are not violative of federal, state, or local law or policy; and WHEREAS, this Council, in order to promote neighborhood harmony and protect real estate values, desires to create legislation providing for land owners to be notified of the existence of private land use restrictions upon their property and requiring that buildings, alterations to buildings, and additions to buildings, be constructed in accordance with properly executed and recorded restrictive covenant deeds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY AND STATE OF OHIO: SECTION 1: That there shall be and hereby is created new Section 1101.10(e) of the Subdivision Ordinance, entitled "Land Use Restrictions," which shall read as follows: 1101.10(e) LAND USE RESTRICTIONS. Every applicant who seeks to subdivide land which has been made subject to private land use restrictions by means of a properly executed and recorded restrictive covenant deed or deeds, which contains no provisions violating federal, state, or local law or policy, shall prominently, in bold face print, note the fact and subject matter of each restrictive covenant provision upon the preliminary and improvement plans, and the final plat, which he submits to the City for approval in connection with his proposed subdivision. Such notation shall, in addition, indicate the date or dates upon which the restrictive covenant deed was recorded in the County Recorder's Office, by whom it was recorded, and the volume and page number of the County Records at which the covenant or covenants may be found. SECTION 2: That there shall be and hereby is created new Section 1119.02(d) of the Zoning Code, entitled "Application Where Property is Subject to Restrictive Covenant Deed" which shall read as follows: 1