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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)
Upon receipt of a completed application for approval of a condominium project, the city planning staff shall route copies of the application and development plans in the same manner as a standard subdivision as outlined in chapter 1 of this title. Additional preliminary review by the planning staff, fire marshal and the building services division shall include, but not be limited to, the following:
A. Planning:
1. Letter Of Intent: A letter of intent shall be submitted, indicating proposed concept of project for staff review. The condominium declarations and bylaws shall be reviewed as part of the final approval process and will include provisions addressing and fixing responsibility for the maintenance, upkeep and repair of common areas, including common walls, electrical, mechanical, plumbing or utility systems, recreational areas, landscaping and parking areas. The declarations shall also restrict the use of any individual residential dwelling unit to single families as defined in section 15-2-7 (definition of "family") of this code. The staff shall also review said declaration to require appropriate disclosure of any unusual circumstances, variances or conditions placed upon the condominium project for approval.
2. Plans And Related Documents: The staff shall review the plans and related documents to determine whether the project conforms to applicable requirements of the zoning title, the status or extent of nonconforming rights, applicable conditions imposed upon the building or use by ordinance, board of zoning adjustment variance conditional use permit, and/or prior approval under a PRUD, clustered or group dwelling plan. If the planning staff finds there are violations of applicable zoning ordinances or requirements, the staff may recommend denial of the condominium project until such violations have been corrected or requirements completed or bonded for prior to final approval by the planning commission.
B. Building Inspection:
1. Upon receipt of the application for approval of a condominium project, the inspection department shall review the proposed building plans for new construction, and/or in the case of a conversion project, the property report and plan of improvement, renovations and repairs to determine conformance with the technical codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision and resubmission of the property report where necessary.
2. In the preliminary review report to the planning commission, the building services division shall note corrections, repairs and replacements which must be made to bring the structures into compliance with the technical codes, together with a list of renovation improvements proposed by the owner/developer which are not required by code. The chief building official shall also list any requirement of the building code that needs board of appeal consideration due to unique circumstances associated with the structure. The building official may then recommend denial until such time as existing violations of the technical codes are corrected or may recommend preliminary approval of the project and building report, subject to correction of the violations prior to final approval.
C. Fire Marshal: The city fire marshal shall inspect each structure proposed for conversion and shall submit a report thereon to the planning staff, outlining the conditions of the structures as they relate to fire safety. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report.
(Ord. 2011-39, 6-28-2011)
A. Consideration: Upon completion of the recommendations of the building services division, the planning staff, engineering staff and the fire marshal, the matter shall be set for consideration by the planning commission.
B. Compliance; Final Approval: If the planning commission finds that the project is in full compliance with: 1) applicable city ordinances; 2) the requirements of the condominium ownership act of 1975; 3) that proper notice to tenants has been given; and 4) that in every way the project is ready for final approval, the planning commission may grant final approval of the project, authorize the signature of the chairman to be placed upon the necessary documents and forward the project on to the mayor for his/her consideration.
C. Changes; Modifications: If the planning commission finds that the project substantially complies with the above mentioned criteria, but that certain facet of the proposal require changes or modifications prior to final approval, or that tenant notification has not been completed, the planning commission may grant preliminary approval to the project with instruction as to what criteria must be met prior to submission for final approval.
D. Disapproval: If the planning commission finds the project in conflict with the ordinances of the city and/or the state and is not in the best interests of the city as a whole and/or the specific neighborhood in which the project is proposed to be located; or if it is not satisfied with the site development plans of the project; the planning commission may disapprove the project, specifying in detail the reasons for disapproval.
(1979 Code § 17.30.040; Ord. 82-28, 7-1-1982; amd. Ord. 91-52, 12-19-1991; Ord. 2001-32, 6-5-2001, eff. 6-30-2001)
A. Required: As part of the application for approval of a condominium project, when said project involves the conversion of an existing structure where the structure has been occupied by residential or commercial tenants prior to application for conversion, the owner/developer shall provide notice of intended conversion to said tenants by certified mail. This notice requirement shall not apply to a structure that was vacant and remained so during the year prior to filing of the developer's application for conversion; nor shall it preclude the approval of a project to the expiration date where every tenant has executed a waiver relinquishing his or her right of notice under this provision.
B. Contents: Such notice shall include:
1. The proposal for the conversion of the building to a condominium project;
2. The established dates of construction period and termination of occupancy which shall not be less than sixty (60) days from the date notice is served upon occupants or expiration of individual leases, whichever is longer;
3. The disclosure of the sales price for each unit shall be no greater than the price initially advertised and offered to the general public at such time as when the condominiums are offered for public sale;
4. Relocation information for the tenants, specifying available alternative housing relocation resource agencies and organizations and a plan of any services to be voluntarily provided by the owner/developer.
C. Dissemination: A copy of said notice, together with a list prepared by the owner/developer identifying names, apartment or unit numbers, approximate ages, rental rates and other known special handicaps or factors affecting relocation needs of the tenants, shall be submitted to the Ogden City housing authority and Weber County social services department to advise said agencies of the conversion and/or solicit their assistance with relocation services. No final approval of such a conversion project shall be granted by the planning commission until the owner/developer has provided proof of notice by certified mail or subsequent proof of actual delivery by method of services allowed under Utah Code Annotated section 78-36-6, of such notices and relocation information as required above, and any plans for relocation services to be voluntarily provided by the owner/developer and the time designated therein (a minimum of 60 days) has expired.
(1979 Code § 17.30.050; Ord. 82-28, 7-1-1982)
A. Procedure: When a tenant of a residential dwelling has received written formal notice of eviction without cause and without at least sixty (60) days' notice of conversion required above and has reason to believe that notice was issued because of a proposed condominium project he may, within thirty (30) days of the date of the notice of eviction, initiate an appeal regarding the issue of proper notice to the mayor on a form provided in the city planning office. The filing of such a protest shall stay the issuance of any approval or issuance of any permits for the structure in question for a period not to exceed thirty (30) days and the matter shall be set for hearing before the mayor. Subsequent appeals shall not act to further stay the issuance of approval for the condominium project and no stay shall be granted if the building official certifies to the mayor that a stay would, in his opinion, cause imminent peril to life or property. In such cases, approval shall not be stayed other than by order issued by the district court upon petition, notice and due cause being shown.
B. Agency Assistance: Upon filing, a copy of the appeal shall be forwarded to the Ogden City neighborhood development agency and Ogden City housing authority for relocation advice and assistance. Said agency shall, within ten (10) days, forward to the mayor a statement of its report and recommendation.
C. Investigation: Upon filing a tenant appeal, the planning staff shall institute an investigation to determine if the notice requirements set forth above were satisfied. They shall then report their findings to the mayor within ten (10) days of filing of the appeal.
D. Hearing:
1. The mayor shall fix a reasonable time for the hearing of the appeal, give due notice to the appellant and to the owner/developer of the condominium project, and shall, at said hearing, review said appeal together with agency and department reports, recommendations and related permit or subdivision applications, and shall decide the same within thirty (30) days from the date of filing the appeal.
2. The mayor, with regard to the hearing of said appeals, may:
a. Enforce the attendance of witnesses, the production of books and papers and administer oaths;
b. Direct municipal resources, if necessary and appropriate for the alleviation of relocation hardships;
c. Hear and decide allegations of error in any order requirement, decision or determination made by a municipal official in the performance of his duties as related above;
d. See that the laws and ordinances are faithfully executed and direct investigations accordingly;
e. Institute any appropriate actions or proceedings to prevent or punish persons from or for performing any act contrary to the building and zoning titles of the city;
f. Impose reasonable conditions relating to the terms and conditions upon which the project will be approved, which may include suspension of approval pending preparation and implementation of a reasonable relocation plan or services for tenants who have not been given proper notice, or denial of the application, in which event the owner/developer may not reapply for eighteen (18) months from the date of denial.
(1979 Code § 17.30.060; Ord. 82-28, 7-1-1982; amd. Ord. 91-52, 12-19-1991)
If, upon submission of the recommendations of the building official and planning staff, engineering staff and fire marshal, the planning commission finds that the project is in compliance with applicable ordinances and the requirements of preliminary approval, the planning commission may grant final approval. The planning commission will review recommendations from the planning staff, engineering staff, the fire marshal and building official for work that is proposed for subsequent completion, bonding or waiver and may otherwise impose appropriate terms upon such bonding or conditions upon its approval.
(1979 Code § 17.30.070; Ord. 82-28, 7-1-1982; amd. Ord. 91-52, 12-19-1991)
A. Upon final approval by the planning commission, the planning staff shall ensure all conditions of approval have been completed, all final documentation is signed and submitted, including any required bonds or agreements required to be filed, and shall then submit the matter, together with the recommendation of the planning commission, with the chairman's signature upon the map, before the mayor for final approval. If the mayor shall determine said project is in conformity with the requirements of applicable ordinances of the city, the mayor may approve said map and project. If the mayor should determine said project is not in conformity with the requirements of the ordinances of the city, or if they reject any offers of dedication; or if not satisfied with plans of a project which constitutes a subdivision, the mayor may disapprove said map, specifying reasons for disapproval.
B. Within thirty (30) days after the mayor has disapproved any project, the developer may file with the planning staff a map or documents altered to meet the requirements of the mayor. Upon receipt of said map or documents, the matter shall be referred back to the mayor by the planning staff for reconsideration.
C. No final map shall have any force or effect until the same has been approved by the city as reflected by the signature of the mayor and is officially recorded with the city recorder within eighteen (18) months from the date of the mayor's signature.
(1979 Code § 17.30.080; Ord. 82-28, 7-1-1982; amd. Ord. 91-52, 12-19-1991)