A.   The definitions set forth in 765 Illinois Compiled Statutes 605, being the Illinois condominium property act, are hereby adopted and incorporated by reference as the definitions of this chapter unless the context otherwise requires.

   B.   For purposes of this chapter, a "condominium" means any property subject to the Illinois condominium property act; however, units which are not located within the same building shall not qualify as "condominiums". (Ord. 2003-O-15, 3-18-2003)

The developer must, when submitting its initial plans, indicate that the property will be used as a condominium. Failure to so notify will preclude the use of the property as a condominium, and therefore, it must be developed as otherwise required by the this title, as amended, then in effect. (Ord. 2003-O-15, 3-18-2003)

The following parking requirements are required for condominiums: (2009 Code)

   A.   Two (2) parking spaces per dwelling unit, plus one visitor space per each condominium unit.

   B.   One-half (1/2) of all parking spaces must be provided under or within the principal building.

   C.   No parking shall be permitted in any required front or side yard setback. (Ord. 2003-O-15, 3-18-2003)

All condominiums constructed, altered or converted must have structural elements, common element walls, unit and common element ceilings and floors of solid masonry or concrete construction only. Provided, however, that the separation between the stories or floors of conversion condominiums need not be of solid masonry or concrete construction, if said separation between stories or floors does not separate one condominium dwelling unit from another. In the sole discretion of the building official, the separation between stories or floors of all condominiums hereinafter constructed or altered need not be of solid masonry or concrete construction, if said separation between stories or floors does not separate one condominium dwelling unit from another. (Ord. 2003-O-15, 3-18-2003)

Condominiums may be constructed, altered or converted only in the R-3A, R-4 and business districts. (Ord. 2003-O-15, 3-18-2003)

   A.   R-3A District: All condominiums constructed, altered, or converted in an R-3A district shall comply with all building and zoning requirements as required under the comprehensive amendment to the Highwood zoning ordinance of 1930, as amended, and all building ordinances, as amended, including, without limitation, all adopted international building codes as heretofore adopted by the city, except as follows: (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

      1.   Parking requirements shall comply as set forth in section 11-11-3 of this chapter.

      2.   All references to the number of bedrooms per unit are hereby specifically repealed. (Ord. 2003-O-15, 3-18-2003)

   B.   R-4 District: All condominiums constructed, altered, or converted in an R-4 district shall comply with all building and zoning requirements as required under the comprehensive amendment to the Highwood zoning ordinance of 1930, as amended, and all building ordinances, as amended, including, without limitation, all adopted international building codes as heretofore adopted by the city; except, that parking requirements shall comply as set forth in section 11-11-3 of this chapter.

   C.   Business Districts: All condominiums constructed, altered, or converted in any business district shall comply with all building and zoning requirements as required under the comprehensive amendment to the Highwood zoning ordinance of 1930, as amended, and all building ordinances, as amended, including, without limitation, all adopted international building codes as heretofore adopted by the city; except, that parking requirements shall comply as set forth in section 11-11-3 of this chapter. (Ord. 2003-O-15, 3-18-2003)

No person shall subvert the subdivision requirements of the city or the state, or the minimum lot size requirements or other requirements of this title through the designation of a property as a condominium(s). (Ord. 2003-O-15, 3-18-2003)