1. It is the intent of the City Council to provide for the health, welfare, and safety of citizens and the orderly development of the City by establishing standards for property which is to be subjected to residential horizontal property regimes (condominiums). It is the Council’s intent to assure that all property to be used for residential purposes must at the time a horizontal property regime is established meet currently adopted Building Code standards. It is the intent of the City Council in regard to the conversion of apartments to horizontal property regimes (condominiums) that such change in form of ownership should not result in the residents of such units living in buildings which do not meet current health, welfare, and safety standards and this section is in part enacted to assure residents that standards herein provided will be maintained. This section is to be liberally construed to meet the purposes and intent of the City Council as herein stated.
2. Any person or other entity seeking to establish a horizontal property regime (condominiums) for residential purposes, including a person or other entity seeking to convert an existing structure to condominiums by establishing a horizontal property regime pursuant to Section 499B of the Code of Iowa shall establish and document compliance with all Building Code requirements of the City applicable upon the date the City receives the declaration of the horizontal property regime. Such compliance shall include documentation of the following.
A. All materials, manner, and means of construction in the building proposed meet currently adopted Building Codes for new residential construction, including current fire, building, plumbing, electrical, and mechanical codes.
B. All plumbing in the building meets current standards for water conservation including low flow toilets and similar devices.
C. The building(s) have fire sprinklers, required separation (1 or 2 hour wall separation) and all other life safety systems required for new construction.
D. The building(s) meet all State and federal requirements for handicapped accessibility which would be required of new construction.
E. The building(s) meet all State energy efficiency standards that are required for new construction.
3. Any person or other entity seeking to convert an existing structure to condominiums by establishing a horizontal property regime pursuant to Section 499B of the Code of Iowa shall comply with all current provisions for on-site parking and storm water detention and retention that apply to new construction.
4. Any person or other entity seeking to convert an existing structure to condominiums by establishing a horizontal property regime pursuant to Section 499B of the Code of Iowa shall comply with all requirements of the Des Moines Water Works concerning condominiums and each unit should have a separate water meter.
5. Any person or other entity seeking to convert an existing structure to condominiums by establishing a horizontal property regime pursuant to Section 499B.3 of the Code of Iowa shall, at least 30 days before filing any declaration, file with the City Clerk, the Public Works Director, and the City Inspector a written analysis by a licensed professional engineer or other appropriate licensed professional, based upon personal inspection of the building sought to be converted. The written analysis shall certify that the building meets all current City building codes that would apply to new construction. The certification will separately itemize and describe in a manner sufficient to show the factual basis of any certification that the fire, energy, life safety, structural, plumbing, electrical, and mechanical systems meet current standards. The certification shall further certify compliance with current on-site parking and storm water detention and retention requirements and separately certify the building meets current standards for materials and that acceptable means and methods of construction were used that meet current standards for new construction. Appropriate City staff will review the certification and report to the City Building Official whether said certification is sufficient to meet the requirements of this section.
6. Any person or other entity seeking to convert an existing structure to condominiums shall comply with all requirements of Windsor Heights Zoning Code prior to conversion in the same manner as an applicant for new construction, including (but not limited to) filing a site plan for review, which shall show compliance with all setback, parking, signage, open space and all other requirements which would apply to new construction.
7. No conversion of property to horizontal property regime under Section 499B.3 of the Code of Iowa shall be completed nor shall a declaration be filed until there has been full compliance with this section. Upon showing of full compliance with this section, the City Building Official shall by written notice so inform the County Recorder of the County in which any property subject to this section is located and state in said written notice that the property meets the requirements of Section 499B.20 of the Code of Iowa
8. If any section, provision, sentence, clause, phrase or part of this section shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the section as a whole or any provision, section, subsection, sentence, clause, phrase, or part hereof not adjudged invalid or unconstitutional.