For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) "Capital improvement" means any improvement with a useful life greater than one year and subject to the depreciation rules of the United States Internal Revenue Code.
(b) "Common areas and facilities" includes the following parts of the condominium property:
(1) The land described in the declaration; and
(2) All other areas, facilities, places and structures that are not a part of a unit, including but not limited to:
A. The foundations, columns, girders, beams, supports, supporting walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of buildings and garages;
B. The basements, except for units therein, yards and gardens;
C. The premises for the lodging of janitors or persons in charge of the property;
D. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
E. The elevators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;
F. Such community, including recreational, and commercial facilities as may be provided for in the declaration;
G. All other parts of the condominium property necessary or convenient to its existence, maintenance and safety, or normally in common use, or that have been designed as common areas and facilities in the declaration or drawings; and
H. The parking areas, garages and storage spaces, except to the extent such are designated in the declaration as being part of the individual units.
(c) "Condominium" means real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designated for common ownership by the unit owners.
(d) "Condominium development" means a condominium property in which four or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.
(e) "Condominium ownership interest" means a fee simple estate or a ninety-nine year leasehold estate, renewable forever, in a unit, together with an appurtenant undivided interest in the common areas and facilities.
(f) "Condominium unit" or "unit" means a portion of the condominium development designated for separate ownership.
(g) "Condominium property" means land, all buildings, improvements and structures on the land, all easements, rights and appurtenances belonging to the land, and all articles of personal property submitted to the provisions of this chapter.
(h) "Declarant" means any person who plans to execute or has executed the declaration or on whose behalf the declaration is executed.
(i) "Developer" means any person who directly or indirectly sells or offers for sale condominium ownership interests in a condominium development, including the declarant of a condominium development and any successor to the declarant who stands in the same relation to the condominium development as the declarant, and including any agent thereof.
(j) "Public offering statement" means a document provided by the developer under Section 1302.07, which discloses the characteristics of the condominium development.
(k) "Purchaser" means both an actual and a prospective purchaser of a condominium ownership interest.
(l) "Unit owner" means a person who owns a condominium ownership interest in a condominium unit or prospective unit.
(m) "Declaration" means the instrument by which property is submitted to the provisions of this chapter and any and all amendments to the declaration.
(n) "Common expenses" means those expenses designated as such in this chapter or in accordance with the provisions of the declaration, or both.
(o) "Common assessments" means assessments charged proportionately against all units for common purchases.
(p) "Common surplus" means the amount by which common assessments collected during any period exceed common expenses.
(q) "Common profits" means the amount by which the total income received from assessments charged for special benefits to specific units, rents received from rentals of equipment or space in common areas , and any other fee, charge or income other than common assessments exceeds expenses allocable to the income, rental, fee or charge.
(r) "Common losses" means the amount by which the common expenses during any period of time exceeds common assessments and common profits during that period.
(s) "Unit" means a part of the condominium property consisting of one or more rooms on one or more floors of a building and designated as a unit in the declaration and delineated on the drawings provided for in Section 1302.09.
(t) "Unit owner" means a person who owns a condominium ownership interest in a unit.
(u) "Limited common areas and facilities" means the common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. Balconies are deemed to be a limited common area and facility.
(v) "Unit owners association" means the organization of all condominium unit owners in the condominium property that administers the condominium property.
(w) "Sale of a condominium ownership interest" means the execution by both parties of an agreement for the conveyance or transfer for consideration of a condominium ownership interest.
(x) "Condominium instruments" means the declaration and accompanying drawings and plans, the by-laws of the unit owners association, any contracts pertaining to the management of condominium property, and all other documents, contracts, or instruments establishing ownership of or exerting control over a condominium property or unit.
(y) "Additional property" means land or improvements described in the original declaration that may be added in the future to an expandable condominium property.
(z) "Expandable condominum property" means a condominium property the original declaration of which reserves the right to add additional property.
(aa) "Offer" includes any inducement or solicitation to encourage a person to acquire a condominium ownership interest in a condominium development.
(bb) "Leasehold condominium development" means a condominium development in which each unit owner owns a ninety-nine year leasehold estate, renewable forever, in his unit, or in the land upon which that unit is situated, or both, together with an individual leasehold interest in the common areas and facilities, with all such leasehold interest due to expire at the same time.
(cc) "Conversion condominium development" means a condominium development that was originally operated as a rental property occupied by tenants prior to the time that the condominium property is submitted to the provisions of this chapter and the units are offered for sale.
(dd) "Par value" means a number expressed in dollars or points attached to a unit by the declaration.
(ee) "Tenant" means a family unit or an individual. The rights of members of a family may not be added to extend the times herein.
(ff) "Variance" means:
(1) Practical difficulty or unnecessary hardship which inheres in and in peculiar to the premises sought to be built upon or used because of physical size, shape or other characteristics of the premises or adjoining premises which differentiate it from other premises in the same district and create a difficulty or hardship caused by a strict application of the provisions of the Planning and Zoning Code not generally shared by other land or buildings in the same district;
(2) Refusal of the variance appealed for shall deprive the owner of substantial property rights;
(3) Granting of the variance appealed for shall not be contrary to the purpose and intent of the provisions of the Planning and Zoning Code; and
(4) No variance shall be granted on the basis of economic cost alone.
(Ord. 5985-1981. Passed 6-8-81.)