(a) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1) “Accepted by the Village or approved by the Village” means having received final approval in the manner provided by the subdivision regulations where applicable and per this chapter of the zoning regulations.
(2) “Village” means the Village of Columbus Grove, Ohio.
(3) “Minimum Lot Area and Lot Width”. No zoning lot less than 7,200 sq. ft. per single family condominium unit shall be permitted. No zoning lot less than 14,400 sq. ft. per double family condominium unit shall be permitted. No zoning lot less than 21,600 sq. ft. per triple family condominium unit shall be permitted. There shall be no greater maximum density that six family units per acre.
(4) “Minimum District Size”. The minimum district size shall be four (4) acres.
(5) “Principal Permitted Uses”:
A. Single, double or triple family condominium dwellings not exceeding three families and building accessories thereto, but excluding tents, cabins, motor coaches, mobile homes and basement dwellings. All dwellings must be single story construction.
(6) “Minimum Yard Requirements (Setbacks)”:
A. Front: Fifty-five feet.
B. Side: Eight feet each.
C. Rear: Twenty-five feet.
(7) “Maximum Building Height”: Thirty-five feet.
(8) “Minimum Floor Area Per Dwelling Unit”: 1,000 sq. ft.
(9) “Sidewalk Requirements”. Sidewalks shall not be required within a Residential Condominium District.
(b) Approval Required. It shall be unlawful to record any plat or other document establishing a condominium project without obtaining approval of the Village in the manner provided for approval of plats.
(c) New Residential Condominiums. It shall be unlawful to establish any new residential condominium project without complying with the terms of subsections (d) through (o) hereof. No plat or other document establishing a new condominium for residential purposes shall be approved without compliance with these sections and Village Subdivision Regulations.
(d) Purpose.
(1) 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 section 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.
(2) This section shall apply to all development including phased developments, that is to all new subdivisions including phased development where the owner, developer or subdivider proposes to complete a subdivision in phased units so that one part of the subdivision will be substantially completed with all required public improvements, including all improvements required by any law or ordinance to serve the subdivision, before any part of another phase or unit of the subdivision is sold.
(e) General Standards. In addition to standards applicable to regular subdivisions, no condominium project shall be approved unless the following items have been submitted with the tentative map and approved by the Village:
(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 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; and
(6) Such other information which the Village Engineer determines is necessary to evaluate the proposed project.
(f) Landscaping. The following standards shall be met:
(1) All setback areas fronting on or visible from an adjacent public street, and all recreating, leisure, and open space areas shall be landscaped in an attractive manner;
(2) Decorative design elements such as fountains, pools, benches, sculpture, planters, exterior recreational facilities, and similar elements may be permitted, providing such elements are incorporated as a part of the landscaping plan.
(g) Lighting. An on-site lighting system shall be required on all vehicular access ways and along 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.
(h) Lot Coverage. Lot coverage shall conform to Zoning Ordinance requirements for the zoning district in which the condominium project is proposed.
(i) Open Space; Common. The following requirements shall apply:
(1) Minimum open space for condominium projects shall be forty percent (40%) of the next area being developed.
(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 fifteen 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.
(j) Open Space; Private. Notwithstanding the common open space requirement, each condominium unit may directly access private open space.
(k) Parking. Each unit shall be provided with no less than one covered parking space and one off-street parking space.
(1) No covered space shall be converted to a living area. No unit’s parking space shall block another unit’s parking space.
(l) Street Improvements. For condominiums, the following standards shall apply to streets:
(1) The subdivider shall improve or post a surety bond with the Village, guaranteeing the installation of the improvements to Village standards of any substandard or deficient street improvements to the satisfaction of the Village Engineer in accordance with subdivision regulations. These improvements may include, but shall not be limited to: curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and street lights.
(2) The width of the public rights of way and private roadway shall conform to the Village subdivision regulations and to all applicable ordinances.
(m) 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 a single unit, to be shut off from the water supply without shutting off the water supply to plumbing fixtures in other units.
(2) 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.
(3) 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.
(n) Declaration of Project Elements and Covenants, Conditions and Restrictions. 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 Village, none of the portions of the declaration relating to items regulated by this section shall be amended, modified or changed without first obtaining written consent of the Village.
(o) Exceptions for Unusual Circumstances. Where there are unusual circumstances involving the location, site, or configuration of a proposed condominium, Council may approve exceptions to one or more of the terms of this section. Lack of funds to comply shall not constitute a reason for an exception.
(p) Nuisance; Injunction. Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the Solicitor may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.
(q) Severability. The provisions of this section are severable. If any provision of this section or its application to an person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or application.
(r) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 1994-24. Passed 11-7-94.)