[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 § 409.210; Ord. No.
04-43 § 1, 8-9-2004]
Notwithstanding the common space requirement, each condominium
unit may directly access private 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 § 409.270; Ord. No.
04-43 § 1, 8-9-2004]
Condominiums for retail establishments or for any other purposes
shall comply with all City ordinances applicable to the proposed use
and type of building.
[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.
