§ 10.7  CONDOMINIUMS AND CONDOMINIUM CONVERSIONS: R ZONES.
   (A)   Pre-application procedure. Prior to formal application for a condominium conversion or construction of a condominium development, the applicant shall meet with the Town Manager or his or her designee to review and discuss the feasibility of the proposed project.
   (B)   Application procedure. A conditional use permit application shall be completed and returned to the Town Manager or designee with the following documents:
      (1)   If the application is for a condominium conversion, a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with current Building and Safety Codes and the probable cost of such work. Said report shall include a report prepared by a licensed mechanical engineer verifying the condition of the mechanical elements in the project, including, but not limited to, furnaces, air conditioners, pumps, water heaters and plumbing fixtures;
      (2)   If the application is for a condominium conversion, a pest inspection and written report by a certified inspector;
      (3)   If the application is for a condominium conversion, a comprehensive building report which includes age, material and condition where applicable of the following:
         (a)   Type and age of construction;
         (b)   Walls, interior and exterior;
         (c)   Roof;
         (d)   Garaging;
         (e)   Trash disposal;
         (f)   Drainage;
         (g)   Laundry facilities;
         (h)   Current maintenance activities and programs;
         (i)   Estimated number of visiting tenants;
         (j)   Length of existing leases and average rents;
         (k)   Average length of tenancy for existing tenants;
         (l)   Estimated schedule for conversion;
         (m)   Estimated price range of converted units;
         (n)   List of improvements con- templated; and
         (o)   Estimate of available similar housing in the town.
      (4)   For condominium and condominium conversion projects, plot plans shall be submitted indicating the following minimum information:
         (a)   Location, height, the gross floor area and proposed uses of each existing structure and for each proposed structure;
         (b)   Location, use and type of surfacing of all open storage areas;
         (c)   Location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas and curb cuts;
         (d)   Location, height and type of materials for all walls and fences;
         (e)   Location of all landscaped areas, type of landscaping, irrigation plans and a statement specifying the method by which landscaping areas shall be maintained;
         (f)   Location of all recreational facilities and a statement specifying the method of maintenance thereof;
         (g)   Location of parking facilities to be used in conjunction with each dwelling unit; and
         (h)   Location, elevation and type and color of materials to be employed and methods of illumination for signs.
      (5)   Structural elevations shall be required at the discretion of the Town Manager or designee. Elevations shall indicate type of materials used in construction, as well as the method used to provide sound insulation/attenuation in all common walls;
      (6)   For condominium and condominium conversion projects, a report that lists measures taken to make the project energy efficient and environmentally sound. The report shall also include any resource conservation aspects of the project; and
      (7)   Such other information as may be determined by the Town Manager or designee.
   (C)   Standards of development.
      (1)   A tentative tract map for a condominium development shall be prepared and submitted to the town in accordance with the Subdivision Ordinance of the town.
      (2)   All condominiums and condominium conversions shall be developed in accordance with dwelling unit requirements as set forth by the Plumbing and Electrical Code adopted by the town.
      (3)   All existing buildings and structures shall be made to comply with all applicable building regulations of the town in effect at the time of filing a conditional use permit.
      (4)   Utility systems shall exist or shall be constructed to adequately provide for utility services to all condominium units.
      (5)   Each existing tenant of the project shall be given a 120-day notification on the intended condominium conversion and the right to purchase his or her converted multiple dwelling unit prior to the unit being placed for sale.
   (D)   Special conditions.
      (1)   Copies of the required covenants, conditions and restrictions, articles of incorporation and by-laws or other documents of the owner’s association or other entity which controls the common facilities shall be submitted to the town for approval and shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair and general upkeep.
      (2)   A minimum of two covered parking spaces shall be provided for each dwelling unit. An additional parking space for guests shall be provided for each two dwelling units. Guest parking spaces may be open. For new developments, off-street parking spaces shall be located on the same lot as the condominium unit or shall be constructed as an integral part of the condominium unit.
      (3)   A minimum area of 400 square feet per unit shall be provided in all condominium projects for recreational purposes. Patios of individual units may be included in the satisfaction of this condition.
      (4)   The town may vary from any or all of these conditions in order to ensure compatibility of the use with surrounding developments and uses and in order to preserve the public health, safety and welfare.
   (E)   Findings. The Planning and Zoning Commission shall make the findings contained in § 20.3-7 hereof prior to the granting of a conditional use permit for a condominium or condominium conversion project.
(Ord. 2012-04, passed 12-5-2012)