§ 23.2-14. Unity of title or unity of control.

(a)

Wherever it is necessary that two (2) or more lots, plots, or parcels of real property or portions thereof be combined, added or joined, in whole or in part, to meet minimum plot area, plot dimensions, on-site parking, or other applicable requirements of these LDRs, the application for a building permit shall be accompanied by evidence of recording a unity of title or unity of control declaration, as herein described, with the clerk of the circuit court of Palm Beach County. The evidence shall consist of a copy of the recorded unity of title or unity of control declaration, and such recording shall be a prerequisite to final approval of the application and issuance of a building permit.

(b)

All lots, plots, or parcels of real property or portions thereof to be combined, joined or added to, in whole or in part, under a unity of title or unity of control declaration shall be adjoining or may be separated by not more than four hundred (400) feet, and may be separated by an alley but not by a street or railroad track.

(c)

The unity of title declaration shall state unequivocally that the properties described therein are combined and shall be regarded as unified under one (1) title as an indivisible building site for the purpose of compliance with the applicable provisions of the City Code of Ordinances; that the property shall henceforth be considered as one (1) indivisible plot or parcel of land; and that no portion thereof shall be sold, conveyed or devised separately if the result of such sale, conveyance or devise will cause the building site to become nonconforming or noncompliant with any provision of the City Code of Ordinances. The parties to the declaration shall further agree that the declaration of unity of title shall constitute a covenant running with the land, as provided by law, and shall be binding upon the parties thereto and their heirs, successors and assigns, and all persons claiming under them until such time as the declaration may be released or amended by a properly authorized representative of the city. The parties to a unity of control declaration likewise shall agree that the declaration of unity of control shall constitute a covenant running with the land, as provided by law, and shall be binding upon the parties thereto and their heirs, successors and assigns, and all persons claiming under them until such time as the declaration may be released or amended by a properly authorized representative of the city.

(d)

The city manager is authorized on behalf of the city to release a unity of title or unity of control declaration. Such release shall be granted only when it is determined by the city manager that such declaration is no longer necessary or required. The city manager is further authorized on behalf of the city to approve amendments to an existing unity of title or unity of control declaration when necessary to correct errors, mistakes or changes in circumstances. A release of or amendment to a declaration of unity of title or unity of control shall be in writing and executed with the formalities required for recording in the official records of the county.