A. Utilities: Each condominium unit within a condominium development shall be separately metered for gas, electricity and water, and shall be provided with readily accessible individual shutoff valves for each utility service, and safety devices or switches for such services unless the declaration provides that the homeowners' association is required to pay the cost of any such services. If the homeowners' association is required to pay the costs of any such services, the declaration must disclose to the unit owners that nonpayment of utility bills by the homeowners' association may result in loss of those services.
B. Heating System: Each condominium unit shall be equipped with its own heating system, except where a central water or steam heating system is present. Where a central water or steam heating system is present, each condominium unit shall be provided with its own means of controlling temperature in that unit.
C. Construction:
1. Construction shall proceed only upon issuance of a conditional use permit and only in accordance with the plans and specifications approved by the Planning Commission and the City Council, and in conformity with any additional conditions attached by the Planning Commission or City Council. (Ord. 02-04, 3-5-2002)
2. Amendments to approved plans and specifications for any condominium project shall be recommended for approval by the Planning Commission to the City Council. If approved, such approval shall be shown on the approved plans. (Ord. 02-04, 3-5-2002; amd. 2019 Code)
3. The building inspector shall not issue any building or occupancy permit for any proposed building or structure within a condominium project unless such building or structure is constructed in accordance with the approved development plan and any conditions imposed in conjunction with its approval.
D. Additional Design And Layout:
1. A proposed condominium project, including the land upon which it is to be situated, shall be owned by a single person or entity during development in order to ensure full supervision and control of the condominium project and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final project plans.
2. Where appropriate, the owner/developer of a condominium project shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic in or adjacent to the condominium project.
3. All condominium projects shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, landscaping and sound reducing construction techniques shall be used for the enhancement of the privacy of the occupants.
4. A minimum of one thousand (1,000) square feet of playground area shall be provided by the owner/developer of any condominium project consisting of five (5) individual units or more, plus an additional two hundred (200) square feet for each additional unit over five (5).
5. The declaration, bylaws or subsequent action by the homeowners' association may prescribe limits on the total number of individual units that may be leased at any given time.
E. Homeowners' Association: The declaration of any condominium project shall provide for the organization of a homeowners' association to govern the affairs of the condominium project and for the election or appointment of a board of trustees and officers. A homeowners' association shall be organized under the laws of the State and may take the legal form of a nonprofit corporation or any other lawful business entity form. (Ord. 02-04, 3-5-2002)