I.C. 32-25 states that condominiums are exempt from local subdivision control ordinances, meaning that the platting of condominium units regulated by I.C. 32-25: Condominiums, is exempt for the provisions of this chapter. Conversely, a condominium is formed by the filing of the declaration with the County Recorder. Among other things, the declaration will contain the following: the description of the land, the building (including the number of stories and units), the common areas, the limited common areas, the percentage of the undivided interest in the common areas, restrictions and the bylaws will be attached. While exempt from the platting requirements of this chapter, all condominium projects shall comply with all other applicable standards and regulations adopted by the city, this includes, but is not limited to the Zoning Ordinance, Building Code, and the city’s construction manual adopted by the Board of Public Works and Safety. Therefore, prior to obtaining a building permit for the construction of condominium property, the builder(s) or developer(s) shall file a copy of the executed and recorded declaration of the project as a condominium project with the Planning Director consistent with § 153.056(F).
(Ord. 5-2009, passed 3-9-09)