A. Conversion Checklist:
1. Zoning/Building Review: Following conceptual approval, applicant shall return complete application as outlined in this chapter. The zoning administrator and the building official shall review the proposed plat to determine compliance to zoning ordinances; the Utah condominium ownership act of 1975, where applicable; and applicable building related codes. If the application and related documents are complete and accurate, the application shall then be transmitted to pertinent departments for review and comment. If the application is found to be incomplete, the staff will inform the applicant of the necessary additional information.
2. Building Inspection: The building official shall require inspection of the property and shall identify any improvements, repairs or replacements which must be made to bring the structure into compliance with applicable building codes. Any items identified, either through the inspection or in the property report, as needing repair or replacement within five (5) years, shall be included on the list of required improvements. The building official may recommend denial until existing code violations identified are corrected, or may recommend preliminary approval, subject to violations being corrected prior to final approval. The building official shall identify any building conditions by disclosure on the plat map.
3. Site Review:
a. The zoning administrator shall review the proposed building and site plans and shall have the authority to require additional improvements to be made to the existing site in a written report, describing the recommended improvements to the building, the site and the surrounding public way. The report will summarize the review, detailing any noted deficiencies.
b. This review shall include an analysis of the parking, including internal circulation issues, such as surfacing and control curbs. The analysis shall also include the number of existing parking stalls, noting any deviation from current standards. Based upon this information, the zoning administrator may require construction of additional parking stalls on the site, or may require reasonable alternative parking solutions. The total number of parking stalls available to the owners of the project shall be disclosed on the condominium or CPUD plat.
c. In the case of condominiums, the zoning administrator shall consider the public benefits of condominium ownership to the community and balance that ownership against other types of housing in the community.
4. Application Approval: Once city staff has done the inspection of the existing building and site plans and has further determined that the application is complete and that the material is adequate and correctly details the condominium or CPUD conversion request, the developer shall provide twelve (12) more copies of the conversion plat for distribution to utilities and concerned entities. The application shall then be transmitted to pertinent departments for review and comment and staff shall schedule a utility review meeting of the plat with all utilities and concerned entities. The meeting shall be held not later than two (2) weeks after conversion application has been approved and plans have been distributed. If the application is found to be incomplete, the staff will inform the applicant of the necessary additional information.
5. Construction/Utility Meeting: The conversion review meeting with utility companies and interested entities shall be held to notify and to ensure that the development can be serviced by utilities and interested entities as outlined in the plan.
6. Planning Commission Review/Public Hearing: Following the conversion review, a public hearing will be held during a regularly scheduled planning commission meeting. No condominium conversion project or CPUD shall be approved without a public hearing. Notice shall be mailed to all adjacent property owners by city staff, as specified in section 10-16-3 of this chapter, at least three (3) days in advance. The notice shall provide the date, time and place of the public hearing. The zoning official, building official or designee may recommend preliminary approval, with or without conditions, or may recommend denial at the public hearing. The planning commission may recommend preliminary approval, with or without conditions, or may deny the proposal at the public hearing.
7. City Council Review: Review for approval of the conversion shall be given by the city council at the next regularly scheduled meeting, so long as all conditions as stipulated by planning commission are met. The city council may approve, approve with conditions, or deny the proposal.
8. Building Permits: No building permit for a proposed conversion project shall be issued without approval from the city council. The building official, or designee, may approve the plans and issue applicable permits for construction. The issuance of building permits shall serve as evidence of approval.
9. Certification Of Occupancy: All construction shall be completed and approved by the LaVerkin City building official and certificates of completion shall be issued prior to final acceptance and final plat approval of the condominium project or CPUD.
10. Dedication Of Public Streets: Notwithstanding any prohibition of or relating to private streets in this code, including title 11 of this code, CPUDs shall not be required to dedicate public streets in areas that are intended for access to the CPUD project and associated parking areas, that will be maintained by the owners of the CPUD (or CPUD owners' association) as common or limited common area(s); and such common or limited common area(s) shall be allowed and available for access and parking for the CPUD project.
B. Complete Application Required: The owner or developer shall file both a preliminary plat application and a final plat application with the LaVerkin City planning department on forms prescribed by the city. A property report and building conversion request in accordance to subsection B2 of this section shall be submitted as part of the application, together with a plan for proposed improvements, renovations or repairs to existing structures/facilities. The building official shall review the report and plans for renovation and improvement to determine compliance with applicable codes or ordinances. The building official may require revision and resubmission of the reports if a determination is made that required information is missing. The property report and building conversion request shall be submitted with all required application fees, plats, articles of incorporation and bylaws of the owners' association, declarations, and statements as outlined hereafter:
1. Fees: Fees shall be determined by resolution and shall include a flat application fee plus a per unit fee.
2. Building Inspection And Site Plan Review: The authority of the building official or the zoning administrator through the site plan review process to require modification of a proposed site plan shall be limited to the following elements in order to achieve the objectives set forth below:
a. General Provisions: Because conversion changes the original anticipated ownership plan from a single ownership into a hybrid mixture of separate ownership of dwelling units or commercial lots, combined with collective ownership of common areas through an association, etc., each structure being converted into a condominium project, CPUD, or other type of ownership arrangement involving separate ownership of individual units combined with joint or collective ownership of common areas shall constitute a change in classification of occupancy and shall comply with basic requirements of this code and the specific requirements listed below. All work on such structures in the form of additions, alterations, or repairs shall conform to applicable standards as required by the most current version of the international building code. Where said provisions require conformity to requirements governing new residential buildings, the applicable requirements of group R, division 1 or 3, new construction shall apply.
b. Property Report: Each conversion project to obtain approval shall submit two (2) copies of a property report prepared by a licensed engineer or architect which discloses and describes:
(1) The age of the building or buildings;
(2) The general condition, useful life, and capacity of the building's structural elements including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural elements;
(3) All known conditions constituting deficiencies which require repair to meet existing building codes; and
(4) All known conditions which may require repair or replacement within the next five (5) year period.
Said report shall certify the structure currently conforms to applicable codes or the owner shall present plans to bring the structures into conformity with applicable building codes prior to issuance of certificates of occupancy.
3. Proposed Conversion Plan: Two (2) copies of the proposed conversion plan, for review by the city planning and building department. The conversion plan shall be accurately drawn to scale, and, for condominiums, in accordance with the requirements of section 57-8-13, Utah Code Annotated (1953, as amended), by a registered Utah land surveyor. Such conversion plat shall set forth:
a. The angular and linear data along the exterior boundaries of the property;
b. The linear measurement and location, with reference to the exterior boundaries, of the building or buildings;
c. The diagrammatic floor plans of the buildings, including identifying number or symbol;
d. In the case of condominiums, the elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions of every unit;
e. A distinguishing number or symbol for every physical unit identified on the plat map;
f. The limited common and common areas and their intended use/uses;
g. The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city owned utilities, such information shall be provided to the applicant by the department of public works;
h. The location, dimensions and character of construction of proposed streets, alleys, loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters and all curb cuts. Where necessary to meet the purposes and intent of this chapter, such information shall be provided for the site. Additional area may also be required to be shown to indicate connections or proposed connections to major utilities;
i. The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use;
j. The location, height, type and material of all fences and walls;
k. The location of dumpsters or other outdoor trash receptacles;
l. The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;
m. A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations;
n. A tabulation of the total number of dwelling units or CPUD lots in the project, and the overall project density in dwelling units or CPUD lots per gross acre;
o. The proposed and required off street parking and loading areas, including parking and access for the handicapped, as specified in the most current version of the international building code; and
p. Landscape plans subject to the standards contained in chapter 6, article J of this title.
4. Proposed Bylaws: Two (2) copies of the proposed condominium or CPUD bylaws and declarations, and covenants, conditions and restrictions, as outlined in section 10-16-9 of this chapter.
5. Proof Of Notice: Where conversion of an existing residential building is proposed, proof of notice to the owners/occupants by the developer, shall be required before approval for construction is given. The notice shall include the estimated purchase price of the units, and information regarding proposed improvements. The notice shall describe any financing packages or economic incentives being offered to owners/occupants to assist in unit purchase. The notice shall also include a date owners/occupants must vacate or purchase. Said date shall be no earlier than ninety (90) days after service of the notice. Any relocation information for the owners/occupants specifying available housing relocation resource agencies, and a plan of any services to be provided by the developer, shall be included in the notice. Notification of tenants shall not be required where permitted occupancy is less than thirty (30) days.
C. Final Plat Approval:
1. Final Plat Application: When construction is complete and has been accepted by the engineer, and the building official has granted final certificate of completion or occupancy as applicable, the applicant shall apply for final plat approval before planning commission upon application provided by the city, including all fees and recording documents.
2. Engineer Approval: Upon receipt of the final mylar plat, the city engineer shall examine the plat to determine whether it conforms to the preliminary plat and all conditions of approval. If the plat is found to conform, the engineer shall sign the plat.
3. Building Official Approval: If a certificate of completion or occupancy as applicable has been issued, the building official shall sign the plat.
4. City Attorney Approval: The city attorney shall examine the plat and advise the planning commission as to the form of the final plat and other recordable documents. The city attorney shall certify that any lands dedicated to the public are dedicated in fee simple and that the applicant is the owner of record.
5. Planning Commission Approval: Planning commission shall review the final plat at a regularly scheduled meeting. If the condominium project has been approved by the engineer and has received a certificate of completion or occupancy from the building official, the commission chair shall sign the plat.
6. City Council Approval: The city council shall examine the plat and the recordable documents to determine conformity with the requirements of the city ordinances. If the plat and the other recordable documents conform to city ordinances, the mayor shall sign the plat. The city attorney shall then approve and sign the plat, at which time it may be recorded with the Washington County recorder.
7. Recording: No final plat shall have any force or effect until it has received final approval by the city attorney and has been recorded with the Washington County recorder.
8. Rental/Sales: No condominium units or CPUD lots may be sold or rented, until the plat has been recorded with the Washington County recorder. (Ord. 2011-05, 4-20-2011)