Sec. 23-33. Condominium plat.

 

A condominium plat is subject to the regulations of N.R.S. 76-801 through 76-894 (Condominium Property Act and Nebraska Condominium Act) and the following regulations, as may be amended from time to time:

 

(1)       A condominium plat is excepted from the requirements for all legal lots of individual units designated for separate ownership or occupancy to have public right-of-way access and from having the minimum lot frontage and minimum lot square footages required for the zoning district in which they are located.

 

(2)       A condominium plat shall be prepared and submitted to the planning commission for their recommendation and then submitted to the mayor and council for action. Prior to a condominium plat being submitted to the planning commission, the proposed condominium plat shall first be submitted to the Planning and Development Department for review by City staff.  Any required changes resulting from City staff reviews shall be incorporated into the condominium plat prior to submitting the condominium plat to the planning commission.  A full-size PDF electronic file of the condominium plat in the final form shall be made available to the Planning and Development Department prior to noon on Monday of the week preceding the regular planning commission meeting date. Two (2) mylar 24” x 36” condominium plats along with original copy of the required Condominium Declaration must contain all necessary signatures and shall be made available to the city clerk prior to becoming an item on the city council agenda for council approval. One (1) copy each of the condominium plat and Condominium Declaration shall be filed with the county register of deeds and the other condominium plat along with a copy of the Condominium Declaration shall be filed with the Planning and Development Department

 

(3)       The condominium plat shall show or be accompanied by the following information:

 

              (a)   The plat shall be to a scale that clearly and legibly shows all the spaces and dimensions required, but will not be a scale larger than 1”=100’;

 

              (b)   The name of the condominium plat;

 

              (c)   A general schematic map of the entire condominium;

 

              (d)   All existing and proposed encroachments and easements;

 

              (e)   An accurate boundary survey of the property, with bearing and distances, referenced to section or fractional section corners;

 

              (f)    The location and dimensions of the vertical boundaries of each unit and that unit’s identifying number;

 

              (g)   Any horizontal unit boundaries, with reference to an established datum, and that unit’s identifying number;

 

              (h)   Any units in which the declarant has reserved the right to create additional units or common elements, identified appropriately;

 

              (i)     Location of lots, streets, public ways, alleys, parks and other features with accurate dimension in feet and decimals of feet with the length and radii of all curves and with all other information necessary to duplicate the plat on the ground;

 

              (j)     The ground area of each separate unit lot shall be given in square feet and shall be affixed to the plat in the form of a list giving the unit number and square footage;

 

              (k)   A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as leasehold real estate;

 

              (l)     The distance between noncontiguous parcels of real estate comprising the condominium;

 

             (m) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and other limited common elements as described in N.R.S 76-839: Common elements; unit boundaries;

 

             (n)   Dedication of all streets, public ways, alleys, parks, and other land intended for public use, signed by the owners and their spouses and by all other parties who have a mortgage or lien interest in the property, together with any restrictions   which are to apply to lots;

 

             (o)   A waiver of claim by the applicant for damages occasioned by the establishment of grades or the alteration of the surface of any portion of the street and alleys to conform to the grades as established;

 

             (p)   May show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either “Must Be Built” or “Need Not Be Built”;

 

             (q)   Unless the Condominium Declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plat;

 

             (r)    North point, scale, and exact date of submittal;

 

             (s)    All figures and letters shown must be plain, distinct and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record. When more than one (1) sheet is used for the drawing, a key map, showing the entire condominium plat at a smaller scale with block numbers, street names, etc. shall be shown on one (1) of the sheets or on a separate sheet of the same size;

 

             (t)     The plat must be prepared by a registered surveyor, architect, or professional engineer and include certification to the effect that the plan represents a survey made by them and that all the necessary boundary survey monuments are correctly shown thereon;

 

             (u)   A certificate showing that current taxes and special assessments due and payable have been paid in full; or if such taxes have been protested provided by law, monies or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld, may be placed on deposit with such officials or governing bodies to meet this requirement; and

 

             (v)   Prior to the condominium plat approval, the Condominium Declaration, having all required information per state statute, shall be submitted to be filed with the condominium plat at the county register of deeds office.

 

Source:  Ord. No. 5875, § 2, 4-15-24