CHAPTER 6
CONDOMINIUM APPROVAL PROCEDURE

SECTION:

14-6-1: Purpose And Intent

14-6-2: Submission Of Application

14-6-3: Staff Review

14-6-4: Preliminary Approval By Planning Commission

14-6-5: Notice To Tenants In Conversion Projects

14-6-6: Tenant Protest Review

14-6-7: Final Approval By Planning Commission

14-6-8: Approval By Mayor

14-6-1: PURPOSE AND INTENT:

   A.   Applicability: The procedures and requirements of this chapter shall apply to and govern the processing of condominium record of survey maps pursuant to the requirements of the condominium ownership act, title 57, chapter 8, Utah code. Said procedures and requirements shall supplement zoning, site development, health, building and other ordinances applicable to a particular condominium project, and shall apply to the approval of such projects involving new construction as well as those involving the conversion of existing structures. In addition, condominium projects which contemplate dedication of real property or improvements for the use of the public, or condominium projects in which units are not contained in existing or proposed buildings shall also be considered subdivisions requiring compliance with the applicable provisions of this chapter.

   B.   Impact Assessment: It is the intent of this chapter to establish a reasonable process whereby the city can assess the impact of mixing collective and individual ownerships, as presented in a particular condominium project, upon the public health, safety, welfare and convenience of the city. In the case of commercial or residential conversions of existing buildings, corrections of building code violations, the upgrading of vehicle parking facilities and safety of common functional elements of the structure or structures are of prime importance. It is also recognized that the conversion of existing apartments or similar multi-family rental dwelling structures presents the potential of relocation hardship to existing tenants, especially senior citizens, and warrants that reasonable notice and disclosure requirements be established by the city to minimize said hardships.

   C.   Definitions: For purposes of this chapter:

   BUILDING CODE: The current building code as adopted by title 16, chapter 2 of this code, or its successor provisions.

   EXISTING BUILDING CODE: The current existing building code as adopted by title 16, chapter 2 of this code, or its successor provisions.

   TECHNICAL CODES: All of the codes adopted by title 16, chapter 2 of this code as the rules, regulations and standards for the construction, occupancy, alteration, repair, remodeling and maintenance of all structures and buildings within the city.

(Ord. 2011-39, 6-28-2011)

14-6-2: SUBMISSION OF APPLICATION:

The owner or developer of a proposed condominium project desiring approval shall file an application with the planning commission staff of the city on a form prescribed by the city, together with:

   A.   Map: Fifteen (15) copies of the proposed map accurately drawn to scale as required by Utah Code Annotated section 57-8-13, as amended, which shall be made by a registered Utah land surveyor using a scale no smaller than one inch to equal forty feet (1" = 40'). In addition, said map or an additional site plan shall include diagrammatic floor plans identifying boundaries of the project units, convertible and expandable areas or spaces and common areas. Said map or plan should designate the intended use of common areas (e.g., storage, recreational, parking for guests as opposed to unit owners, open space, etc.), and should indicate whether such common areas are to be open to the public, assigned to specific units or semiprivate and available only to unit owners. Said map or site plan shall also identify and describe in detail the location of existing or proposed driveways, pedestrianways, curb cuts, walls, structures, fences, landscaping and sprinkling systems.

   B.   Declarations; Bylaws: Two (2) copies, signed in the original, of the proposed condominium declarations and bylaws.

   C.   Property Report: Where conversion of an existing building is proposed as part of the condominium project, two (2) copies of the property report, prepared by a licensed architect or engineer, including the following information, shall be submitted as part of the application, together with the plan for proposed improvements renovations and repairs:

      1.   The age of the building or buildings.

      2.   The general condition, useful life and capacity of the building, structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler and other structural elements.

      3.   All known conditions constituting deficiencies requiring repair to meet the existing building code.

      4.   All known conditions which may require repair or replacement within the next succeeding five (5) year period.

      5.   The property report shall certify that the structure or structures conform to the following minimum standards or the owner shall present plans to bring the structure or structures into conformity with said standards prior to issuance of certificates of occupancy:

         a.   Minimum Standards For Decent Sanitary And Safe Housing:

            (1)   The currently adopted property maintenance code and the existing building code shall be met in all condominium conversion projects.

            (2)   Commercial condominium spaces shall conform to the existing building code for occupancy separation, construction type and allowable area, existing height of building, etc.

         b.   Minimum Electrical Service And Devices:

            (1)   Each dwelling unit shall be supplied with a minimum of a sixty (60) amp service with proper breakers and main disconnect located within each unit. Each commercial space shall be wired in conduit and have a properly sized service and disconnects within the space for the intended use. Emergency lighting and exit signs shall be installed as required by the technical codes.

            (2)   Each habitable room shall contain at least two (2) convenience outlets and one wall switch controlled light. Hallways, bathrooms and kitchens shall also have one wall switch controlled light.

            (3)   All new electrical wiring shall comply with the technical codes and be completed with proper permits and inspections.

            (4)   Smoke detectors and carbon monoxide detectors shall be installed in each dwelling unit in accordance with the technical codes and with title 12, chapter 17 of this code.

         c.   Plumbing And Culinary Water Service:

            (1)   A Utah licensed engineer, plumbing contractor or a general contractor shall determine the adequacy of the existing water service pressure based on the fixture unit, loading as calculated from the technical codes.

            (2)   Individual shutoff valves must be provided for each unit or each plumbing fixture within the unit.

            (3)   All new installations must be completed with proper permits and inspections in accordance with the technical codes.

         d.   Heating And Mechanical Systems:

            (1)   Each dwelling or commercial space must be provided with its own heating system, except when the building is provided with central water or steam facilities.

            (2)   Dwelling units and commercial spaces within a building must be provided with means of controlling the temperature therein.

            (3)   Each bathroom shall be provided with an operable window or mechanical vent, capable of providing five (5) air changes per hour.

            (4)   All mechanical installations and repairs must be completed with proper permits and inspections.

         e.   Variances: Where it is determined that physical conditions in an existing building do not allow the strict application of the above minimum standards, the board of building and fire code appeals shall, upon written application and following the procedures described in title 16, chapter 1 of this code, review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met.

   D.   Notice To Tenants: Proof of notice to tenants, as required by section 14-6-5 of this chapter, shall be required before final approval, but may be submitted, at the owner/developer's option, after preliminary approval is obtained from the planning commission.

   E.   Reserved.

   F.   Incomplete Applications: Incomplete applications may be proffered and reviewed for advisory comment by the planning or building services divisions, but shall not be deemed accepted or received until complete, nor shall the condominium project be scheduled for any hearings before the planning commission until the application is complete, except only subsection D of this section.

(Ord. 2011-39, 6-28-2011)