(A) Generally. In accord with the Horizontal Property Law, KRS 381.805 through 381.910, whenever a developer, the sole owner or the co-owners of a building constructed or to be constructed, expressly declare, through the recordation of a master deed or lease, a condominium property regime may be established. Once the property is submitted to the condominium property regime, a unit in the building may be individually conveyed and may be the subject of ownership possession or sale and other acts as if it were sole and entirely independent of the other units in the building of which they form a part and the corresponding individual titles and interest shall be recordable. It is the purpose of the condominium property regime plat to provide a process whereby two or more apartments, townhouses, rooms, office spaces or other units in existing or proposed buildings or structures may be subdivided and offered or proposed to be offered for sale in accordance with requirements as established by these regulations. In order to be processed as a condominium property regime plat, the following requirements must be met in addition to other requirements of these regulations and applicable sections of KRS 381.805 through 381.910:
(1) The condominium project will not involve the construction of any public streets, water lines, storm and sanitary sewers which require review and processing through preliminary and final plat procedures; and
(2) The condominium project will not involve the subdivision and conveyance of land with any unit within the condominium property regime for which other processes are available.
(B) Submission of condominium property regime plats.
(1) The developer shall submit to the Planning Commission’s duly authorized representative five copies of the final plat drawings prepared in accordance with § 157.065 of this chapter. In addition to other requirements of these regulations, the final plat shall show the location of the building or buildings proposed for the condominium project. Simultaneously with the submission of the final plat, there shall be attached five copies of a set of floor plans of the building or buildings in accord with KRS 381.835, bearing the certification of a registered architect or professional engineer.
(2) At this time, the following information shall be filed with the Planning Commission’s duly authorized representative:
(a) Application for condominium property regime plat approval. An application form provided by the Commission shall be submitted (see App. D of this chapter) at the time of filing for condominium property regime plat approval;
(b) Traverse sheets. One copy of the traverse calculations. The minimum traverse calculations required shall include a closed traverse of the property (as per § 157.065(B)(2) of this chapter);
(c) Master deed or lease. One copy of the master deed or lease, in accord with the requirements of KRS 381.835 through 381.837; and
(d) Condominium property regime plat fees. Plat fees shall be submitted the same as for final plats, in accord with § 157.131(A) of this chapter.
(C) Processing of condominium property regime plats.
(1) The Planning Commission’s duly authorized representative shall review the condominium property regime plats for conformance to the applicable requirements of § 157.065 of this chapter and KRS 381.805 through 381.910.
(2) (a) Following the review, the Planning Commission’s duly authorized representative shall forward its recommendation or comments to the Planning Commission.
(b) The Planning Commission shall then review the recommendations of its duly authorized representative and shall take one of the following actions: approve the condominium property regime plats; or disapprove the condominium property regime plats.
(3) (a) Should the Planning Commission disapprove the plats, written notice of such action, including the reasons for disapproval, shall be mailed to the subdivider by the Planning Commission’s duly authorized representative.
(b) The action shall be entered in the official records of the Planning Commission.
(4) If approved and signed by the Chairperson of the Planning Commission, the original condominium property regime plats shall be recorded simultaneously with the master deed or lease in the County Clerk’s office per the county’s requirements.
(1984 Code, § 157.27) (Ord. O-86-78, passed 8-17-1978)