Where conversion to condominium ownership is proposed, approval shall follow the same procedure outlined above for new construction with the following additional requirements:
(a) Such change in ownership shall be defined as a change in use, in accordance with the Building Code of the City. Accordingly, the Building Official shall inspect the structures and shall find compliance with the provisions of the Building Code prior to any approval. Where substantial noncompliance is found by such inspection, the Building Official shall order necessary corrections which shall be completed prior to final approval, unless agreements are provided guaranteeing such corrections prior to issuance of certificates of occupancy, following approval of the conversion condominium project by the State.
(b) The Building Official shall inspect all private streets, walks, drives, driveways, parking areas, water systems and sanitary and storm sewer systems serving the proposed condominium conversion project. He or she shall find them of adequate size and in good repair and of such quality as likely to be free of need for repair for at least five (5) years. He or she shall find that all such streets, drives, walks, driveways and parking areas are adequately paved and drained. Unless he or she so finds, no approval shall be granted for a condominium conversion project unless agreements are supplied guaranteeing necessary repairs and/or improvements to facilities which shall be completed either prior to final approval or prior to issuance of certificates of occupancy, following approval of the conversion condominium project by the State.
(c) In the event of the disapproval of any proposed condominium project by the State, all subsequent changes shall be submitted to the City for its approval prior to their resubmission to the State. If the revisions do not conflict with the provisions and intent of this chapter and other relevant City ordinances, the Building Official and the Chairperson of the Planning Commission are authorized to grant approval for resubmission to the State. Should the revisions substantially change any part of the master deed as approved, in the opinion of either the Building Official or the Chairperson of the Planning Commission, then the revised project shall be resubmitted to the Planning Commission for final approval in accordance with this chapter. Fees in such case shall be twenty percent of the original final application fee.
(Res. 24-95. Passed 2-13-95.)