[R.O. 2013 § 409.120; Ord. No. 04-43 § 1, 8-9-2004]
It is unlawful to record any plat or other document establishing a condominium project without obtaining approval of the City in the manner provided for approval of plats. Such approval shall be required whether the condominiums are to be for office, residential or other purposes.
[R.O. 2013 § 409.130; Ord. No. 04-43 § 1, 8-9-2004]
It is unlawful to establish any new residential condominium project without complying with the terms of this Chapter. No plat or other document establishing a new condominium for residential purposes shall be approved without compliance with this Article. This Article shall not apply to conversion of an existing residential building into a condominium project, as that is covered by a separate ordinance.
[R.O. 2013 § 409.140; Ord. No. 04-43 § 1, 8-9-2004]
Residential condominiums differ from other residential subdivisions in numerous respects, particularly as to development standards and ownership of individual units and jointly held common areas. The purpose of this Article is to address the special attributes of condominium projects and to adopt development standards which will protect both the community and the purchasers of condominiums.
[R.O. 2013 § 409.150; Ord. No. 04-43 § 1, 8-9-2004]
A. 
In addition to standards applicable to regular subdivision, no condominium project shall be approved unless the following items have been submitted with the tentative map and approved by the City.
1. 
A development plan of the project including location and sizes of structures, parking layout, access areas and exterior elevations;
2. 
A preliminary landscaping plan of the project, indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed by the State to prepare such plans;
3. 
A preliminary lighting plan of the project indicating location and nature of lighting and lighting fixtures in common areas;
4. 
The proposed condominium documents, including those portions of the covenants, conditions and restrictions that apply to the conveyance of units, the assignment of parking and the management of common areas within the project;
5. 
Construction plans of any proposed new buildings. For existing buildings proposed to be converted, original construction plans or a set of plats accurately showing existing construction shall be submitted; and
6. 
Such other information which the City Administrator or designee determines is necessary to evaluate the proposed project.
[R.O. 2013 § 409.160; Ord. No. 04-43 § 1, 8-9-2004]
The location and orientation of all buildings shall, whenever feasible, preserve natural features by minimizing the disturbance to the physical environment. Natural features such as trees, waterways, historic landmarks or slopes shall be delineated in the development plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, plan areas, parking areas and finished grade elevations.
[R.O. 2013 § 409.170; Ord. No. 04-43 § 1, 8-9-2004]
A. 
The following standards shall be met:
1. 
All setback areas fronting on or visible from an adjacent public street and all recreation, leisure and open space areas shall be landscaped in an attractive manner.
2. 
Decorative design elements such as fountains, pools, benches, sculptures, planters, exterior recreational facilities and similar elements may be permitted, providing such elements are incorporated as a part of the landscaping plan.
[R.O. 2013 § 409.180; Ord. No. 04-43 § 1, 8-9-2004]
An on-site lighting system shall be required on all vehicular accessways and long major walkways. Such lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties. Lighting shall also be installed within all covered and enclosed parking areas.
[R.O. 2013 § 409.190; Ord. No. 04-43 § 1, 8-9-2004]
Lot coverage shall conform to the requirements of Chapter 405, Zoning Regulations, for the zoning district in which the condominium project is proposed.
[R.O. 2013 § 409.200; Ord. No. 04-43 § 1, 8-9-2004]
A. 
The following requirements shall apply:
1. 
Minimum open space for condominium projects shall be forty percent (40%) of the net area being developed. The net area shall exclude dedicated or proposed-dedicated public rights-of-way.
2. 
Common open space areas shall be designed and located within the project to afford use by all residents of the project. These common areas may include, but are not limited to: game courts or rooms, swimming pools, garden roofs, sauna baths, putting greens or play lots.
3. 
Active recreation and leisure areas, except those located completely within a structure, used to meet the open space requirement, shall not be located within thirty (30) feet of any door or window of a dwelling unit.
4. 
Private waterways, including pools, streams and fountains, may be used to satisfy not more than fifty percent (50%) of the required open space.
[R.O. 2013 § 409.220; Ord. No. 04-43 § 1, 8-9-2004]
A. 
Each unit shall be provided with two (2) parking spaces. No space shall block another space.
B. 
In addition to the above requirements, if on-street parking is prohibited on the street upon which the project fronts, there shall be at least one (1) visitor parking space for each eight (8) condominium units or major fraction thereof, which spaces shall be located in such a manner as to be readily accessible to the visiting public.
[R.O. 2013 § 409.230; Ord. No. 04-43 § 1, 8-9-2004]
Trash collection areas shall be provided within two hundred fifty (250) feet of the units they are designed to serve. Such areas shall be enclosed within a building or screened with masonry walls having a minimum height of five (5) feet. Access gates or doors to any trash area, not enclosed within a building, are to be of opaque material.
[R.O. 2013 § 409.240; Ord. No. 04-43 § 1, 8-9-2004]
A. 
For condominiums, the following standards shall apply to streets:
1. 
The subdivider shall improve or post a cash bond with the City, guaranteeing the installation of the improvements to City standards of any substandard or deficient street improvements fronting the property within the public right-of way, to the satisfaction of the City Engineer in accordance with current policy. These improvements may include, but shall not be limited to: curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells and streetlights.
2. 
The width of the public rights-of-way and roadway of the street abutting the property shall conform to the City plan and to all applicable ordinances.
3. 
In addition to all other applicable building code requirements, the following standards shall apply:
a. 
Keys. Each single unit in a condominium subdivision shall have locks using combinations which are interchange-free from locks used in all other separate dwellings within the project. This specification is intended to prohibit master keys.
b. 
Laundry Areas. Where laundry areas, other than those located within individual dwelling units, are provided, such areas should be located to minimize visual and noise intrusions, both within and outside the project.
c. 
Storage Space — Private.
(1) 
Where the proposed units are to be constructed with other than an attached garage unit for each dwelling unit, a minimum ninety (90) cubic feet of storage space shall be provided outside the dwelling unit for each such unit.
(2) 
Such storage space shall have a minimum area of twenty-four (24) square feet of enclosed, lockable storage space.
d. 
Utilities.
(1) 
All plumbing fixtures within a unit shall be installed in a manner which will allow any individual plumbing fixtures or all plumbing fixtures or all plumbing fixtures not having individual shutoffs within in a single unit to be shut off from the water supply without shutting off the water to plumbing fixtures in other units.
(2) 
Drip Pans. Clothes washers, dishwashers, hot water heaters and other appliances which are a potential source of waste leakage or flooding shall be installed with drip pans and appropriate drains, except in the case of concrete slab floors on grade.
(3) 
Utility Meters. Each utility that is consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Utility meters shall be placed underground or screened architecturally or with landscaping, if located outside of buildings.
(4) 
Circuit Breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible within or close to the unit.
(5) 
Vibrations. All permanent mechanical equipment, which is source of vibration or noise, including fixed and built-in domestic appliances, shall be shock-mounted, isolated from the floor and ceiling or otherwise installed in a manner to lessen the transmission of vibrations and noise.
[R.O. 2013 § 409.250; Ord. No. 04-43 § 1, 8-9-2004]
The subdivider shall include a copy of those portions of the declaration and restrictions proposed to be recorded, together with any and all documents required and relating to the items regulated by this Section and all proposals for condominium subdivisions made pursuant to the provisions of this Section. Once the declaration is accepted in final form by the City, none of the portions of the declarations relating to items regulated by this Chapter shall be amended, modified or changed without first obtaining the written consent of the City.
[R.O. 2013 § 409.260; Ord. No. 04-43 § 1, 8-9-2004]
Condominiums for offices shall comply with all applicable City ordinances relating to office buildings including, but not limited to, all building regulations, zoning requirements and off-street parking requirements. The plat submitted shall not be approved unless it shows such compliance.
[R.O. 2013 § 409.280; Ord. No. 04-43 § 1, 8-9-2004]
Where there are unusual circumstances involving the location, site or configuration of a proposed condominium, the Board of Aldermen may approve exceptions to one (1) or more of this Chapter. Lack of funds to comply shall not constitute a reason for an exception.
[R.O. 2013 § 409.290; Ord. No. 04-43 § 1, 8-9-2004]
Any violation of this Chapter is declared to be a nuisance. In addition to any other relief provided by this Chapter, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Chapter. Such application for relief may include seeking a temporary restraining order, temporary injunction and injunction. The costs of such action shall be charged to the violator.