[CC 1970 App. B §3.1; Ord. No. 5765 §1, 6-24-2003]
The purpose of this Article is to outline and describe the process
for a condominium declaration and platting and condominium building
conversion. A condominium declaration and plat or condominium building
conversion is required for the approval of any condominium plat. This
streamlined process applies to all applications for condominium consideration
or conversion that do not require any dedications to the City, public
improvements or condominium projects where improvements have already
been approved as part of a separate subdivision or site plan approval.
[CC 1970 App. B §3.2; Ord. No. 5765 §1, 6-24-2003]
A.
Whenever
a condominium declaration and plat or condominium building conversion
is proposed and before any permit for the development of or construction
of any improvement in such proposed condominium or condominium building
conversion shall be granted, the applicant shall apply for and secure
approval of a condominium plat or condominium building conversion
plat in accordance with the following procedure.
B.
Before
filing an application for approval of a plat, the applicant may, at
its election, confer with the Director of Planning and Development
Services and representatives of any other City departments regarding
the proposal. Such action does not require formal application fees
or filing of a plat and is not to be construed as an application for
formal approval and shall not be in lieu of the same. Comments made
by staff during such conferences shall not constitute representations
or warranties with respect to any matter discussed and shall not be
binding upon staff members or members of the Plan Commission or Board
of Aldermen.
[CC 1970 App. B §3.3; Ord. No. 5765 §1, 6-24-2003]
A.
All
condominium plats are to be prepared by a surveyor, registered to
practice in the State of Missouri and shall be drawn on one (1) or
more sheets (maximum dimension of twenty-four (24) inches by thirty-six
(36) inches). The scale of the drawing shall be twenty (20) feet or
less to the inch. If multiple sheets are required, then a key map
shall be provided on a title sheet showing all units at reduced scale.
In addition to the items required by Chapter 448, RSMo., or any similar
Statute then in force, the plat shall contain the following information:
1.
Condominium name and project title or name, the north arrow, scale
and date.
2.
Accurate legal description of the boundary of the lot(s).
3.
Boundary lines, with dimensions and bearings or angles, which provide
an accurate survey of the lot(s).
4.
Names, addresses and telephone numbers of the developer, owner and
engineer.
5.
Accurate location of all existing and recorded streets, the street
name(s) and right-of-way width(s), alley(s) or other right-of-way
adjacent to the subject lot(s) with accurate dimensions, bearing curve
data, including radii arcs, points of tangency and central angles.
6.
Location, dimensions and purpose of each easement.
7.
Each building footprint and an identification system for all buildings
and units.
8.
Each unit's identifying number.
9.
The location and dimensions of limited common elements, including
porches, balconies and patios, other than parking spaces and the other
limited common elements.
10.
The area in square feet for lot(s), building(s) and unit(s) in the
project.
11.
A legally sufficient description of any real estate in which the
unit owners will own only an estate for years, labeled as "leasehold
real estate".
12.
Any units in which the declarant has reserved the right to create
lesser and larger units or common elements, identified appropriately.
13.
A plat must also show the intended location and dimensions of any
contemplated improvement to be constructed anywhere within the condominium.
Any contemplated improvement shown must be labeled either "shall be
built" or "need not be built".
14.
The location and dimensions of all real estate not subject to development
rights or subject only to the development right to withdraw and the
location and dimensions of all existing improvements within that real
estate.
15.
The location and dimensions of the vertical boundaries of each unit.
16.
Any horizontal unit boundaries, with reference to established datum.
17.
Building setback lines required by the Clayton Zoning Ordinance with
dimensions.
18.
Location, type, material and size of all survey monuments and lot
markers, including bench marks with elevations referenced to mean
sea level datum.
19.
Purposes for which areas are dedicated or reserved (i.e., open space,
common area).
20.
Location of water mains, valves and fire hydrants.
21.
Certificate of the owner creating the condominium, granting easements
with statement of the use or uses for which granted, establishing
building lines and referring to the restrictions of all types and
trusteeships which will run with the land and become covenants in
the deeds for the lots.
22.
Certificates of all owners and holders of the deeds of trust, approving
the plat as prepared and releasing from the lien created by said deeds
of trust all land dedicated to the public use on the plat.
23.
Certification by a registered land surveyor or engineer that the
plat represents a survey made by him/her and that all the necessary
survey monuments are correctly shown thereon and that the size of
each lot, building and unit is correctly indicated by dimensions and
square feet of area. Impressed thereon and affixed thereto shall be
the personal seal and signature of the registered land surveyor or
engineer by whom or under whose authority and direction the plat was
prepared in conformance with Missouri Revised Statutes. Any certification
of a plat required shall be made by a registered and licensed surveyor,
whereas, any certification of a plan required shall be made by an
architect or engineer.
24.
Certification that real estate taxes are paid shall be furnished
in the form of copies of paid real estate tax bills on the land subject
to the condominium plat or condominium building conversion plat.
25.
Certificate indicating approval of the plat by the Board of Aldermen
of the City of Clayton, prepared for execution by the Mayor and City
Clerk over the seal of the City of Clayton. Such certification shall
include signature lines for the surveying company, owner(s) or developer(s).
These two (2) signature lines must have notary signature lines. Also
required is a signature line for the City Clerk and a separate line
stating: "Approved by the Board of Aldermen this __________ day of
____________________ by Ordinance No. __________" to be completed
by the City Clerk.
26.
Additional information, drawings, plans or documentation may be requested
when deemed necessary or appropriate for a full and proper consideration
and disposition of the application.
B.
Declaration Requirements. In addition to the plat, an applicant will be required to submit a copy of the declaration in compliance with Section 415.150 below. The declaration shall contain the following information as required by Chapter 448, RSMo., or any similar Statute then in force:
1.
The name of the condominium, which shall include the word "condominium"
or be followed by the words "a condominium" and the association.
2.
The name of every County in which any part of the condominium is
situated.
3.
A legally sufficient description of the real estate included in the
condominium.
4.
A statement of the maximum number of units, which the declarant reserves
the right to create.
5.
A description of the boundaries of each unit created by the declaration,
including each unit's identifying number.
6.
A description of any limited common elements.
7.
A description of any real estate, except real estate subject to development
rights, which may be allocated subsequently as limited common elements,
together with a statement that they may be so allocated.
8.
A description of any development rights and other special declarant
rights reserved by the declarant, together with a legally sufficient
description of the real estate to which each of those rights applies
and a time limit within which each of those rights shall be exercised.
9.
If any development right may be exercised with respect to different
parcels of real estate at different times, a statement to that effect,
together with (a) either a statement fixing the boundaries of those
portions and regulating the order in which those portions may be subjected
to the exercise of each development right or a statement that no assurances
are made in those regards and (b) a statement as to whether, if any
development right is exercised in any portion of the real estate subject
to that development right, that development right shall be exercised
in all or in any other portion of the remainder of that real estate.
10.
Any other conditions or limitations under which rights may be exercised
or will lapse.
11.
An allocation to each unit of the allocated interests.
12.
Any restrictions on use, occupancy and alienation of the units.
13.
The recording data for recorded easements and licenses appurtenant
to or included in the condominium or to which any portion of the condominium
is or may become subject by virtue of a reservation in the declaration.
14.
All matters required under Chapter 448, RSMo.
15.
The declaration may contain any other matters the declarant deems
appropriate.
C.
Bylaws Requirements. In addition to the plat, an applicant will be required to submit a copy of the declaration/bylaws in compliance with Section 415.150 below. The bylaws shall contain the following information as required by Chapter 448, RSMo., or any similar Statute then in force:
1.
The number of members of the executive board and the titles of the
officers of the association;
2.
Election by the executive board of a president, treasurer, secretary
and any other officers of the association the bylaws specify;
3.
The qualifications, powers and duties, terms of office and manner
of electing and removing executive board members and officers and
filling vacancies;
4.
Which, if any, of its powers the executive board or officers may
delegate to other persons or to a managing agent;
5.
Which of its officers may prepare, execute, certify and record amendments
to the declaration on behalf of the association; and
6.
The method of amending the bylaws subject to the following:
a.
Unless the declarant otherwise agrees in writing to permit an amendment
to the bylaws, for so long as a declarant is the owner of units representing
an aggregate of ten percent (10%) or more of the units in which votes
in the association are allocated, the bylaws may only be amended with
the affirmative vote of at least sixty-seven percent (67%) of the
unit owners of units to which votes in the association are allocated;
and
b.
After the declarant ceases to own ten percent (10%) or more of the
units to which votes in the association are allocated, the bylaws
may only be amended with the affirmative vote of a majority of the
unit owners of units to which the votes in the association are allocated.
7.
Subject to the provisions of the declaration, the bylaws may provide
for any other matters the association deems necessary and appropriate.
[CC 1970 App. B §3.4; Ord. No. 5765 §1, 6-24-2003]
A.
In
considering and acting upon plats and other applicable plans, staff
and the Board of Aldermen shall take the following objectives into
consideration:
1.
Compatibility of lot size and density;
2.
Creation of a lot which provides adequate dimensions to construct
improvements of similar size and nature to the surrounding area;
3.
Creation of a lot which is in compliance with the area and frontage
requirements (no flag lots) as specified in the Zoning Ordinance and
provides for an orderly pattern of development;
4.
Promotion of a creative approach to the use of land and related physical
facilities resulting in better site layout and development;
5.
Preservation and enhancement of desirable site characteristics such
as natural topography, vegetation and geologic features and the prevention
of soil erosion;
6.
Elimination of incompatible land configurations;
7.
Consistency with good planning practices;
8.
Compliance with all applicable codes, ordinances and standards.
[CC 1970 App. B §3.5; Ord. No. 5765 §1, 6-24-2003]
A.
An
applicant pursuing approval of a condominium plat within the City
of Clayton shall submit to the Department of Planning and Development
Services the required number of copies of the subdivision plat and
the following information:
B.
Staff
will verify that the new development complies with all applicable
codes and is being constructed in accordance to approved plans. Any
improvement required as part of new development shall be previously
approved (via approval of a subdivision plat or site plan) prior to
the submission of an application for a condominium plat approval.
Additionally, all improvements required must be either fully installed
or guaranteed by a cash deposit or construction bond as per the requirements
of this Chapter.
C.
The Director of Planning and Development Services or his/her designee, in addition to other staff as appropriate, shall review the submittal and make a determination as to whether the submittal is complete and accurate. If the submittal is deemed incomplete, the Director of Planning and Development Services shall notify the applicant as to what additional information is needed. Once the submittal is complete, then the application will be forwarded to the Board of Aldermen for consideration. However, if staff determines an application to be incomplete, the applicant may request in writing that the application be forwarded to the Board of Aldermen nonetheless. The application will then be forwarded to the Board of Aldermen for their consideration as outlined in Section 415.170 below.
[CC 1970 App. B §3.6; Ord. No. 5765 §1, 6-24-2003]
A.
For
owners of existing buildings desiring to convert to condominium ownership,
the following procedure will apply:
1.
Prior to or concurrent with the submittal of an application for condominium
building conversion plat approval, the applicant must have the subject
building inspected by the Department of Planning and Development Services.
The Building Inspector shall conduct an inspection to verify that
the existing structure is in compliance with applicable codes and
ordinances. If not in compliance, all violations must be corrected
prior to Board of Aldermen consideration.
2.
For Board of Aldermen consideration, the applicant must submit to
the Department of Planning and Development Services the required number
of copies of the subdivision plat and the following information:
B.
The Director of Planning and Development Services or his/her designee, in addition to other staff as appropriate, shall review the submittal and make a determination as to whether the submittal is complete and accurate. If the submittal is deemed incomplete, the Director of Planning and Development Services shall notify the applicant as to what additional information is needed. Once the submittal is complete and the Building Official or his/her designee has verified that the existing structure is in compliance with applicable codes, then the application will be forwarded to the Board of Aldermen for consideration. However, if staff determines an application to be incomplete, the applicant may request in writing that the application be forwarded to the Board of Aldermen nonetheless. The application will then be forwarded to the Board of Aldermen for their consideration as outlined in Section 415.170 below.
[CC 1970 App. B §3.7; Ord. No. 5765 §1, 6-24-2003]
The Board of Aldermen will consider condominium plats at their
regularly scheduled meetings. It is necessary that the applicant or
applicant's representative familiar with the requested condominium
plat appear personally at the meeting to answer questions. A condominium
plat is approved by ordinance. the Board of Aldermen may, at its discretion,
add to or delete conditions recommended by the staff.
[CC 1970 App. B §3.8; Ord. No. 5765 §1, 6-24-2003]
If a declarant wishes to amend an approved condominium plat
for the purpose of modifying the vertical dimension of specific units
or combining one (1) or more units, the Director of Planning and Development
Services is authorized to administratively approve such amendments
if it is determined that the proposed modifications otherwise comply
with applicable City ordinances. The administrative approval authorized
hereby shall not extend to or encompass any amendment that would increase
the number of units or alter the exterior dimensions of the building
in which the units are located.
[CC 1970 App. B §3.9; Ord. No. 5765 §1, 6-24-2003]
Any applicant who feels aggrieved by any decision of the Board
of Aldermen may, within fifteen (15) days of the decision for which
redress is sought, file directly to the Board of Aldermen a written
request for reconsideration and appeal. The written request must set
forth in a concise manner the decision being appealed and all grounds
known to the appellant as to wherein and why the decision is allegedly
in error. The Board of Aldermen may consider the appeal on the record
of the prior decision or may, at its sole discretion, receive additional
evidence in such manner as it deems appropriate in light of the circumstances.
[CC 1970 App. B §3.10; Ord. No. 5765 §1, 6-24-2003]
In the event that the Board of Aldermen denies an application
for a condominium plat approval, the same application or substantially
similar application will not be accepted for a period of at least
one (1) year from the date of denial by the Board of Aldermen.
[CC 1970 App. B §3.11; Ord. No. 5765 §1, 6-24-2003]
Condominium plats which have been approved by the Board of Aldermen
must be filed and recorded with the St. Louis County Recorder of Deeds.
The applicant must submit proof of such filing to the City Clerk within
thirty (30) days from the approval date by the Board of Aldermen.
After that time, the applicant shall be required to resubmit the original
or a revised condominium plat for Board of Aldermen approval. The
Board of Aldermen may reject such a reapplication in light of new
facts and circumstances relating to the context within which the prior
condominium plat approval was granted.
