Laserfiche WebLink
first purchaser of each Lot or Lots from the Declarants. <br /> 1. 11 Plan Commission. The term "Plan Commission" shall mean <br /> the Plan Commission or such other committee of the Town <br /> authorized to review and approve land use planning. <br /> 1. 12 Site Plan. The term "Site Plan" means a comprehensive <br /> plan describing the development of a Building Site as described <br /> in Section 4 . 2 . <br /> 1. 13 Structure. The term "Structure" means an above-ground <br /> Improvement. <br /> 1. 14 Town. The term "Town" means the Town of Vienna or such <br /> other municipality in which the Premises may be located. <br /> ARTICLE II <br /> Permitted Uses <br /> 2 . 1 Compliance with Zoning and Building Codes. All <br /> Building Sites in the Subdivision shall be developed in <br /> conformance with the zoning requirements in effect as of the date <br /> of application and approval of necessary building permits for the <br /> specific zoning district (s) in which such Sites are located and <br /> with all applicable state and local building codes. Owners shall <br /> be responsible for ascertaining the zoning classification <br /> applicable to their Building Sites, and shall comply with all <br /> regulations applicable to such classification. An Owner <br /> intending to apply for a zoning amendment, conditional use <br /> permit, exception or variance for its Building Site, shall first <br /> submit such application to the Board for review and approval . <br /> Disapproval by the Board shall be final notwithstanding later <br /> favorable action by the Plan Commission. <br /> 2 .2 Nuisances. No noxious or offensive trade or activity, <br /> whether or not permitted by applicable zoning, shall be carried <br /> on within the Subdivision, nor shall anything be done which is or <br /> may become an annoyance or nuisance to adjacent Owners or other <br /> Subdivision users, or which is inconsistent with these Covenants <br /> or other governmental or private restrictions applicable to the <br /> Premises. Violation of these Covenants shall constitute a <br /> nuisance under this section. <br /> 2 . 3 Hazardous Waste. Notwithstanding anything to the <br /> contrary in these Covenants and/or applicable zoning, no <br /> manufacture or storage of hazardous or toxic waste, or discharge <br /> of such waste into the air, sanitary system, surface water, <br /> ground water or drainage system, shall be permitted within the <br /> Subdivision. Any party violating this provision, whether <br /> intentionally or negligently, hereby agrees to indemnify the <br /> Declarants, the Town, the Board, and each and every other Owner <br /> against any and all liability and costs arising from such <br /> violation, including reasonable attorneys fees. <br /> ARTICLE III <br /> Site Specifications and Requirements <br /> 3 . 1 No Subdivision of Lots. After a Lot has been <br /> purchased, such Lot shall not be further subdivided without the <br /> written consent of the Board. No Owner may sell , lease or rent <br /> less than all of a Lot without the written consent of the Board. <br /> The Board may, in granting its consent, attach any conditions it <br /> deems appropriate. The foregoing prohibition shall not apply to <br /> o,lcapancy leases of space in a Building made in the ordinary <br /> course of business. <br /> -3- <br />