[Added 4-2-2001]
A.
Findings.
(1)
The Village Board hereby finds that certain issues
arise in condominium developments that require the applicability of
this chapter to condominium developments. The State Legislature has
recognized that subdivision ordinances may apply to condominiums but
that subdivision ordinances shall not impose burdens upon condominiums
that are different from those imposed on other property of a similar
character not subject to a declaration of condominium.
(2)
The factor that makes this chapter applicable to a
condominium development is the creation of multiple, distinct property
entities at, near, or above the ground surface, subject to property
taxation as separate parcels, with each property entity having different
ownership and management. The Village Board determines that this factor
makes a condominium development dissimilar, both physically and in
ownership, from developments in which the land and improvements are
under unitary ownership, management, and control.
(3)
Thus, the Village Board hereby finds that condominium
developments can place impacts on community resources in the same
manner as other new developments which are characterized by division
of land into lots. These impacts include but are not limited to:
B.
Chapter applicable to condominium developments. The
provisions in this chapter in their entirety shall apply to condominium
developments to the same extent as the application of the provisions
of this chapter to noncondominium developments. The technical requirements
and standards of condominium plats set forth in Ch. 703, Wis. Stats.,
shall be incorporated herein by reference as if set forth at length
herein.
C.
Exceptions. This section shall not apply to any condominium
declaration or plat recorded prior to the effective date of this amendment
to this chapter; provided, however, that any amendments or addenda
to the condominium declaration or plat occurring after the effective
date hereof shall comply with the provisions of this amendment.
When a housing project consisting of a group of two or more buildings is to be constructed on a site not subdivided into customary lots and streets or where an existing lot and street layout make it impractical to apply the requirements of this chapter to the individual building units, the Plan Commission may modify the requirements, provided that a development plan is submitted for approval of the Plan Commission and such development complies with the intent of the regulations for the appropriate residential zoning district. See Chapter 435, Zoning, § 435-16, Planned unit developments.
