1145.09 UNIT DEVELOPMENT OF ONE-FAMILY HOUSES; CONDOMINIUM RESIDENTIAL USE DISTRICTS.
   Where entire street frontage is planned and developed as a unit at one time, with one-family dwellings, the following provisions may apply if first approved by the Planning Commission:
   (a)   The front yard requirements may be varied by not more than ten feet in either direction, i.e. from twenty to forty feet in the case of a required front yard of thirty feet, provided the average front yard for the entire frontage is not less than the minimum front yard required in the district; and
   (b)   The side yard requirements may also be varied, provided that the sum or total combined width of the two side yards of a lot is not less than that required for a lot in the district, that no side yard shall be less than three feet and that the minimum distance between the walls of buildings on adjacent lots shall not be less than six feet if two garages are opposite to each other or less than twenty feet if habitable rooms are opposite to each other.
   (c)   Condominium Residential Use Districts. There is hereby created within the City a residential use district to be known as the Condominium Residential Use District. A Condominium Residential Use District may be created within the City for parcels of property consisting of five acres or more designed and planned as a development of residential units, either single-family detached units or townhouse-type units, apartments, or any combination of two or more family units not to exceed two stories. Property to be developed pursuant to Ohio R.C. Chapter 5311 shall be made the subject of a declaration, pursuant to Ohio R.C. 5311.05, to be filed with the Clerk of Council. In the event that the property is to be developed in a manner similar to condominium property, wherein deed restrictions and covenants are to be filed rather than restrictions as in Ohio R.C. 5311.05, such deed restrictions and covenants shall contain, at a minimum, the information as set forth in Ohio R.C. Chapter 5311, as is appropriate for the development proposed and are to be filed with the Clerk of Council. The approval shall further be conditioned upon the development containing not more than five residential units per acre and consisting of no units other than residential units together with supporting recreational and parking facilities therein and such other reasonable terms and conditions as may be requested by the City. A written guarantee shall be provided the City assuring the development of the property in accordance with the proposed plan as approved by the Planning Commission and Council. No building permit shall be issued for units in excess of five residential units per acre.
   (d)   Within the areas hereby and hereafter zoned to Condominium Residential Use District, except as to lot area per dwelling unit, all regulations as to yard, height, setback, width and dwelling unit area requirements applicable to residential multi-family districts shall be applicable to such Condominium Residential Use Districts.
   (e)   Compliance for livable areas shall be in accordance with Chapter 1355.
   (f)   Standards for design for roads, drainage, driveways (including aprons), sidewalks and all other standards of designs are deemed by the Service Director and Fire Safety and all standards shall meet all City requirements. The applicant also shall meet all other required services of the City to coordinate input on proposed development including recreational aspects.
   (g)   The development shall have a condominium association that will be responsible for all costs pertaining to upkeep of all services required within the development including snow removal, garbage, rubbish and trash removal, open green areas and any other amenity so deemed by the Planning Commission and Council. The Law Department shall review their recommendations and any further legal documentation for necessary control.
   (h)   The City has the right to enforce all ordinances for the life, safety, health and general welfare of its residents.
(Ord. 1995-104. Passed 5-9-95.)
   (i)   Plans for every condominium development shall be submitted to the Architectural Board of Review for its approval to ensure that the development is suitable for the area.
(Ord. 1995-136. Passed 6-27-95.)