154 of 1979 - Adding chapter 33 establishing condominium approval procedures. PLEASE [ALUM, WKKGI.i it .vnUnbbei1i,
THE ORIGINAL DOCUMENT, IN THE UPPER RIGHT-
HAND CORNER, AND RETURN TO THE CITY 2 ake City,Utah, December 13 19 79
RECORDER'S
OFFICE. rr pJ/fir � E '' I�lI�
�S% THANK YOU. &-?:;lv'(J:GYJ 4111,h'd
Caia J ��t.. '„it:i rdinance b"-Pas ed.
Greene
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Phillips
Result AN ORDINANCE
//
AN ORDINANCE AMENDING Title 51 of the Revised Ordinances of
Salt Lake City, Utah, 1965, as amended, by ADDING Chapter 33
thereto relating to procedure for condominium approval.
Be it ordained by the Board of.Commissioners of Salt Lake
City:
That Title 51 of the Revised Ordinances of Salt Lake City,
Utah, 1965, as amended, relating to the zoning ordinances of Salt
Lake City, be, and the same hereby is amended by ADDING Chapter
33 relating to condominium approval procedure which shall read as
follows:
SECTION 1. Title 51 of the Revised Ordinances of Salt Lake
City, Utah, 1965, as amended relating to zoning ordinances, be,
and the same hereby is amended by ADDING thereto Chapter 33
relating to condominium approval procedure which shall read as
follows:
CHAPTER 33
CONDOMINIUM APPROVAL PROCEDURE
Sections:
51-33-1. Application and scope.
51-33-2. Definition of terms.
51-33-3. Purpose.
51-33-4. Submission of application.
51-33-5. Review of declarations.
51-33-6. Preliminary review and approval of building
official.
51-33-7. Preliminary review by planning director.
51-33-8. Preliminary approval by planning commission.
51-33-9. Final review.
51-33-10. Final approval.
51-33-11. Notice to residential tenants in conversion
project.
51-33-12. Tenant protest review.
51-33-13. Enforcement.
51-33-14. Severability.
Section 51-33-1. Application and Scone. The procedures and
requirements of this Chapter shall apply to and govern the pro-
1 )1
cessing and requirements for approval of condominium record of
survey maps for condominium projects. Said provisions shall
supplement zoning, site development, health, building or other
ordinances which may be applicable to the particular condominium
project, and shall apply to the approval of condominium projects
involving new construction as well as projects 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 com-
pliance with applicable provisions of Title 42 of this Code as
provided under the Condominium Ownership Act of 1975.
Section 51-33-2. Definition of terms. For purposes of this
Chapter:
1. CODE. "Code shall mean the provisions and ordinances of
the Revised Ordinances of Salt Lake City, Utah, 1965, as amended.
2. COMMON AREAS, SPACE AND FACILITIES. "Common areas,
space and facilities" shall mean the property and improvements of
the condominium project or portions thereof conforming to
definition set forth in Section 57-8-3, Utah Code Annotated,
1953, as amended.
3. CONDOMINIUM AND CONDOMINIUM PROJECT, AND CONDOMINIUM
UNIT. "Condominium", "condominium project" and "condominium
unit" shall mean property or portions thereof conforming to the
definitions set forth in Section 57-8-3, Utah Code Annotated,
1953, as amended.
4. CONDOMINIUM OWNERSHIP ACT OF 1975, or "ACT". "Condomi-
nium Ownership Act of 1975" or "Act" shall mean the provisions of
Chapter 8 of Title 57 of Utah Code Annotated, as amended in 1975.
5. CONVERSION. "Conversion" shall mean a proposed change
in the type of ownership of a parcel or parcels of land, together
with the existing attached structures from single ownership of
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said parcel such as an apartment house or multi-family dwelling
into that defined as a condominium project or other ownership
arrangement involving separate ownership of individual units
combined with joint collective ownership of common areas, facili-
ties or elements.
6. MAP. "Map" shall mean "Record of Survey Map", as
defined in Section 57-8-3(18), Utah Code Annotated, 1953, as
amended.
7. REFURBISHING OR RENOVATION. Repairs, remodeling,
improvements or restoration work, nonstructural in nature, and
not required by applicable building codes.
8. UNIT. A "Unit" shall mean the physical elements or
space or time period of a condominium project which are to be
owned or used separately and excludes common areas and facilities
as defined in Section 57-8-3, Utah Code Annotated, 1953,as
amended.
Section 51-33-3. Purpose.
This chapter is enacted pursuant to the mandate of the State
of Utah to establish procedures for the review and approval of
condominium projects to insure they comply with applicable ordin-
ances and state laws. Condominium and other similar types of
hybrid ownership arrangements mixing individual ownership with
collective ownership of common areas represent an increasingly
popular response to complex forces at work in our society and
community. This type of hybrid ownership also magnifies the
impact upon public health, safety, welfare, convenience and life-
style when conditions of poor land use or site planning,
mismanagement, neglect or deterioration, blight, or outdated
structural conditions are allowed to occur or continue.
Corrections of building code violations and upgrading of
safety or common functional elements of the structure is of prime
importance. In addition, conversion of existing apartments or
similar multi-family rental dwelling structures into
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condominiums, have had the effect and increase the potential of
displacing long-term residents, especially senior citizens, who
face this City's shortage of replacement rental housing. That
shortage, combined with withdrawal of the private sector from the
rental market because of conversion, places additional pressure
upon the public sector, to which public agencies involved with
housing need time to respond. Therefore, it is the purpose of
this ordinance to regulate conversion to promote the safety and
revitalized use of the City's structures for the benefit of
increased home ownership opportunity while attempting to mitigate
the human hardship of misplacement by reasonable notice and
disclosure requirements.
Section 51-33-4. Submission of Application. The owner or
developer of a proposed condominium project desiring approval
shall file an application with the Planning Director on a form
prescribed by the City together with:
1. Two copies of the proposed Map accurately drawn to scale
as required by Section 57-8-13, U.C.A., 1953, as amended,
which shall be made by a registered Utah land surveyor using
scale no smaller than one inch to equal forty feet. In
addition, said map or an additional site plan shall reflect
the required 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, (eq. storage, recreational,
parking for quests 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 semi-
private being available only to unit owners. Said Map or
site plan shall also identify and describe in detail the
location of existing or proposed driveways, pedestrian ways,
curbcuts, walls, structures, fences, landscaping and
sprinkling systems. A copy of the Map shall be returned to
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154
the Planning Department after final approval.
2. Two copies, signed in the original, of the proposed
condominium declarations and bylaws, together with a copy
of the documents recorded after final approval.
3. Where conversion of an existing building is proposed as
part of the condominium project, a property report for each
conversion project including the information required by §
1403A of the Uniform Building Code as amended, shall be
submitted as part of the application together with the plan
for proposed improvements, renovations, and repairs.
4. Proof of notice to tenants required by §51-33-11 below
shall be required before final approval, but may be sub-
mitted at owner/developer's option after preliminary
approval is obtained.
5. Filing fees. To assist the City to defray costs
involved with the review of the project, fees shall be sub-
mitted with the application in the following amounts:
$25.00 per project plan plus
S 5.00 per units (1-10 units) plus
$ 2.00 per unit over 10 units
Incomplete applications may be proffered and reviewed for
advisory comment by the Planning or Building Departments, 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 applications are complete, excepting
only item (4) above.
Section 51-33-5. Review of Declarations. Condominium
declarations and bylaws shall be reviewed by Planning Department
to assure the inclusion of provisions which to City's satis-
faction address and fix 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. Also declarations shall
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restrict the use of any individual residential dwelling unit to
single-families as defined by Section 51-2-26, of this Title.
The Planning Director shall also review said declarations and
require appropriate disclosure or treatment of any unusual
circumstances, variances or conditions placed upon the condo-
minium project for approval.
Section 51-33-6. Preliminary review and approval by
Building Official. Upon receipt of an application for approval
of a condominium project, the Building Official shall review the
proposed building plans for new construction, and/or the property
report and plan of improvements, renovations and repairs in the
case of a conversion project, required by Section 5-7-28 of this
Code to determine if such plans comply with applicable building
codes. In the case of a conversion, the Building Official shall
require inspections of the property and may require supplemen-
tation, revision, and resubmission of the property report should
it be determined that substantial discrepancies exist or
inspections indicate report statements are not supported by
facts, code requirements or sound construction practices. Upon
preliminary review, the Building Official shall note corrections,
repairs and replacements which must be made to bring the
structures into code compliance together with a list of
renovation improvements proposed by the developer not required by
code. The Building Official in such preliminary report, shall
indicate any requirements of Chapter 14A of the Uniform Building
Code, as amended, he anticipates waiving as being impractical
because of the unique circumstances associated with the structure
and any conditions he intends to impose upon such waivers. The
Building Official may then recommend denial until such time as
existing violations of code are corrected or may recommend pre-
liminary approval of the project and building report subject to
the condition that violations be corrected prior to final
approval.
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Section 51-33-7. Preliminary review by Planning Director.
The Planning Director shall review the application and related
documents to determine whether the project conforms to applicable
requirements of the Condominium Ownership Act of 1975, applicable
zoning ordinances of the district in which the condominium
project is located, the status or extent of nonconforming rights,
applicable conditions on the use or building imposed by
ordinance, Board of Adjustment variance, conditional uses, and/or
prior approval of a planned unit, clustered, or group develop-
ment. If the Planning Director finds there are violations of
applicable zoning ordinances or requirements, he may recommend
denial of the condominium project until such violations have been
corrected or requirements have been completed, or he may
recommend preliminary approval subject to the condition the
violations be corrected, completed or bonded prior to final
approval.
Section 51-33-8. Preliminary approval.
(a) If upon submission of the reports and recommendations
of the Building Official and Planning Director, the Planning
Director finds that: (1) both recommendations are favorable, and
(2) that the Building Official is not waiving any requirements
imposed by the ordinance, the Planning Director may, on an admin-
istrative staff basis grant preliminary approval. Absent such a
finding that said criteria is met, or in the event of a dispute
regarding conditions imposed by such an administrative
preliminary approval, the matter shall be set for hearing before
the Planning Commission pursuant to (b) below.
(h) When an administrative approval is not appropriate
under (a) above, the Planning Director shall submit the reports
and recommendations of the Building Official and Planning
Director before a hearing of the Planning Commission for consid-
eration of preliminary approval or modifications thereof. If_ the
Planning Commission finds that approval is recommended by the
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Building Official and Planning Director, and that the project is
in compliance or has presented approved plans which will bring
the structures into compliance with applicable zoning, building,
health or subdivision ordinances and requirements, the Planning
Commission may grant preliminary approval and it may impose
appropriate conditions subsequent as part of its approval. Such
conditions may include correction of violations, appropriate
amendment to declarations, and the submission of Notice of Intent
to tenants, etc. to be completed prior to final approval.
(c) The effect of preliminary approval shall entitle the
owner/developer to proceed with obtaining building permits,
giving notice to tenants and preparing documents for final
approval, and to otherwise proceed with the project with all
aspects thereof being subject and conditioned upon final
approval.
Section 57-33-9. Final Review.
(a) Building Official. After preliminary review, the
Building Official shall cause the structure to be inspected in
the normal course of inspection work being conducted under
permit. Prior to final approval, the Building Official shall
cause final inspections on all structures and work therein to he
completed upon the request of the owner/developer to determine
conformance to applicable building codes. If the Building
Official finds remaining corrections, repairs or replacements
which are required to bring the buildings or units into
compliance or to complete proposed renovations, said Official may
require corrections and completion of such work prior to final
approval. However, should the Building Official determine plans
to correct code violations or to complete proposed renovations or
refurbishing after final approval as a condition thereof, are
reasonable and shall not create hazards to the health or welfare
of occupants, said Building Official may recommend final approval
subject to completion of necessary or planned work, provided the
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owner/developer files a faithful performance bond in an amount
equal to guarantee the estimated cost of labor and materials to
correct violations of building codes, or conditions imposed by
ordinance or order. Said bond shall be approved by the City
Attorney as to form and content and said approved bond must be
filed with the final Map prior to submission to and approval by
the City Commission. The acceptance of such bond as a condition
of final approval shall not waive or substitute for the need of
the owner/developer to obtain a certificate of occupancy for the
project or units after work is completed prior to actual occu-
pancy, if applicable.
(b) By Planning Director. After preliminary approval, the
Planning Director shall be responsible to monitor conditions of
preliminary approval to insure compliance therewith prior to
presentation to the Planning Commission and City Commission for
final approval. All violations of existing ordinances shall he
corrected and requirements shall he completed prior to final
approval, or shall be corrected or completed as a condition of
final approval prior to submission to City Commission or shall be
bonded according to the criteria and standards set forth in (a)
above. The sixty-day notice period required in Section 51-33-11
shall commence from the latest date of notice to any tenant and
must elapse prior to submission of the condominium project to the
Planning Commission for final approval.
Section 51-33-10. Final Approval - Planning and City
Commission. If upon submission of the recommendations of the
Building Official and Planning Director, the matter shall be set
for consideration of the Planning Commission. If said Commission
finds that the project is in compliance with applicable ordinances
and the requirements of preliminary approval, the Planning
Commission may recommend final approval. The Planning Commission
must approve any recommendations from the Planning Director or
Building Official for work that is proposed for subsequent
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.._ 1.54
completion, bonding, or waiver and may affirm or otherwise impose
appropriate terms upon such bonding or conditions upon its
approval. Upon final approval by the Planning Commission, the
Planning Director 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 his signature upon the Map before
the City Commission for final approval. If the City Commission
shall determine said project is in conformity with the
requirements of applicable ordinances of Salt Lake City, it shall
approve said Map. If it should determine said project is not in
conformity with requirements of the ordinances of Salt Lake City,
or if it rejects any offers of dedication, or if it is not
satisfied with plans of a project which constitutes a subdi-
vision, it shall disapprove said Map specifying reasons for dis-
approval. Within thirty (30) days after the City Commission has
disapproved any project, the developer may file with the Planning
Director a Map altered to meet the requirements of the City
Commission. 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 Salt
Lake County Recorder within 18 months from the date of the
Mayor's signature.
Section 51-33-11. Notice to residential tenants in conver-
sion project.
(a) Notice. As part of the application for approval of a
condominium project, when said project involves the conversion of
an existing residential structure where the structure has been
occupied by residential tenants prior to application for conver-
sion, the owner/developer shall provide notice of intended
conversion to said tenants by certified mail. This notice
requirement shall not apply to nonresidential structures or to a
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1.54:
residential structure that was vacant upon acquisition 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 prior 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
intention and plans for the conversion of the building to a con-
dominium project; (2) the estimated dates of construction period
and termination of occupancy which shall not be less than sixty
days from the date notice is served upon occupants or expiration
of individual leases, whichever is longer; (3) the disclosure of
the specific initial fixed sales price for each unit which shall
be no greater than the price initially advertised and offered to
the general public; (4) relocation information for the tenants
specifying available alternative housing relocation resource
agencies and organizations and a plan of any services to he
voluntarily provided by the owner/developer.
(c) Disemination of notice. 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 Salt Lake County
Aging Services, Senior Citizen Coalition, Salt Lake City and
County Housing Authorities and Salt Lake 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 he granted by the
Planning Commission until the owner/developer has provided proof
of service by certified mail or subsequent proof of actual
delivery by method of services allowed under Section 78-36-6 Utah
Code Annotated of such notices and relocation plans as required
above, and the time designated therein (a minimum of sixty (60)
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days) has expired.
Sec. 51-33-12. Tenant protest review.
(a) Protest review procedure. When a tenant of a residen-
tial 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
Board of City Commissioners on a form provided in the office of
the Building Official. 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 of not to exceed thirty (30)
days and the matter shall be set for hearing before the Board of
City Commissioners. 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
Board of City Commissioners 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) Upon filing, a copy of the appeal form shall be for-
warded to the Relocation Division of the Salt Lake City Redevel-
opment Agency and Salt Lake City Rousing Authority for relocation
advice and assistance. Said Agency, shall within ten (10) days
forward to the Board of City Commissioners a statement of its
report and recommendation.
(c) Upon filing of an appeal, the Building Official shall
institute an investigation to determine if the notice require-
ments set forth above were satisfied. He shall then report his
findings to the Board of City Commissioners within ten (10) days
of filing of the appeal.
(d) The Board of City Commissioners shall fix a reasonable
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154
time for the hearing of the appeal, give due notice to the appel-
lant 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 of the appeal.
(e) The Board of City Commissioners with regard to the
hearing of said appeals, may,
1). Enforce the attendance of witnesses, the production of
books, and papers, and administer oaths;
2). Direct municipal resources, if necessary, and
appropriate to alleviate relocation hardships;
3). 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 to the
above;
4). See that the laws and ordinances are faithfully
executed and direct investigations accordingly;
5). Institute any appropriate actions or proceedings to
prevent or punish persons from or for performing any act
contrary to the building and zoning ordinances of Salt Lake
City;
6). 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.
Sec. 51-33-13. Enforcement.
a) It is unlawful for any person, firm, corporation, part-
nership or association to sell or lease any unit of any condo-
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1.54
minium or any other portion thereof until the final Record of
Survey Map, in full compliance with the provisions of this title,
have been finally approved by the Board of City Commissioners and
duly recorded in the office of the County Recorder.
b) All departments, officials and public employees of the
City, vested with the duty or authority to approve or issue
permits, shall conform to the provisions of this Code and shall
neither accept applications nor approve or issue any permit or
license for use, construction, or any other purpose in conflict
with the provisions of this Code. Any such Map, permit, or
license issued or approved in conflict with the provisions of.
this Code shall be null and void.
c) Any developer, agent of a developer, owner, successor-
in-interest of a developer or owner, tenant, purchaser, builder,
contractor or other person who violates any of the provisions of
this Chapter or any conditions imposed pursuant to this Code
shall be deemed guilty of a misdemeanor and upon conviction
thereof may be imprisoned for a period not exceeding six (6)
months or he fined in an amount not exceeding $299 if the defen-
dant is an individual or the greater amount of. $2,000 in the
event the defendant is a corporation, association, or partner-
ship, or he both so imprisoned and fined.
d) The Planning Director or the Building Official shall
have the authority to enforce this Code against violations
thereof by any of the following actions.
1). To serve notice requiring the cessation or correction
of any action in violation of this Code upon the developer,
owner, agent of the developer, successor-in-interest of the
developer or owner, tenant, purchaser, builder, contractor
or other person who commits or assists in such violation.
2). To recommend denial of the condominium project appli-
cation; or
3). To call upon the City Attorney to maintain an action
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154
for injunctive relief to restrain, abate or cause the
correction of such violation, or to institute criminal pro-
ceedings.
Sec. 51-33-14. Severability.
a) If any article, section, subsection, paragraph, sen-
tence, clause or phrase of this chapter, or any part thereof, is
for any reason held to be unconstitutional or invalid or inef-
fective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining
portions of this Chapter, or any part thereof. The Board of City
Commissioners hereby declares that it would have passed each
article, section, subsection, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that any one or more
articles, sections, subsections, paragraphs, sentences, clauses
or phrases be declared unconstitutional or invalid or
ineffective.
b) If the application of any provision or provisions of
this Chapter to any person, property or circumstances is found to
be unconstitutional or invalid or ineffective in whole or in part
by any court of competent jurisdiction, or other competent
agency, the effect of such decision shall be limited to the
person, property or circumstances immediately involved in the
controversy, and the application of any such provision to other
person, properties and circumstances shall be unaffected.
SECTION 2. In the opinion of the Board of Commissioners of
Salt Lake City, it is necessary to the peace, health and welfare
of the inhabitants of Salt Lake City that this ordinance become
effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
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i.J1
Passed by the Board of Commissioners of Salt Lake City,
Utah, this 13th day of December , 1979.
MAYOR
CITY RECORD
(SEAL) C((J//
BILL NO. 154 of 1979
Published December 27, 1979
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154
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
--------_--- -_-'-- - Shana D. Conaty
AN ON SINANCE..
Ordinances OofNaNCE Salll LakeAMENDING Utah,19,1,-ass.ernrnded,'sby
ADDING Chapter 33 thereto relating to Pracedrlre for condo-
"""" Being first duly sworn,deposes and says that he is legal
City'That Title sr of the Revised Ordinances of Salt,Lake Cily,
s Lake° hied th
e am°rbaren iamb ereabynAo advertising clerk of he DESERET NEWS, a daily
DING Chapter 31 nelaend to cgndominNm aoprovaf orpcedore (except Sunday) newspaper printed in the English
which shall read as lohows:
kS�av;0"an:,9t9lea5aof OredRevisedg�Ordbnance,o San language with general circulation in Utah, and
ordinanc-
es. ,:��re"o,9"'h,hereby is amended
mend ob ADDING
aryl° published in Salt Lake City, Salt Lake County, in the
,l.an.earlasfnnowsr State of Utah.
CHAPTER 33
CONDOMINIUM APFROVAIv.CROCEDURC
St-"'.'Application and terms.°e. "' That the legal notice of which a copy is attached hereto
5-33-P Purpose. of term".
31.31-3-Surmise.
sl.33-e.
Submission of AV,i
31J3-5 Review of declarations.
r,al t.13.e Prelima,ary review and ao0rosei at building aft, Pub notice to amend an ordinance relating to
51-3J.I Prerimlrrary review by plannifm director:
51.33-,Preliminary approvalbvplanning commission.
31-319-Final review.
51-33-10-Final approval. ` procedure for condominium approval
51.33..1.No,.to residenhri'tenants In conversran PrOl
1 33 19.T and protest review.
-1 r_i Enforcement. -
51 13 If.
3everabilily- -
Section 51 33 1.Appilcation and Scope.The procedures and
of this Chaotcr.shall onely to and govern the
s lgntand requirement,for approval of condominium
ord of survey m pas for eondominium or-elects said prove'
ta^°s shell supplement toning.site development.health.build•
other ordinances which may eke applicable to thy poetic
rondominiam p and s all apply la the a vat o1
condominium n errsl lnvolvIng new
construction a well a
prefects q the. rsion of isting structures. In
ndd crtion,nor-dominlum prole.,which contenrplale dedication
of n° prove t tor the flee'° °Ie p°nlr�,e° was published in said newspaper on Dec, 27, 1979
WhiCh yea a drdinigs shall la'lm n°can merged bowie
requiring c with applicable provisions of Title
al'stlofgthis Code as provided under Me Condominium Ownership
Act of 1975.
Section 51.333 Definition o1 terms.For purpose of M
"harder'ope. d shall moan the prof d ordinance
the Re-:.d 0 dances ill 50 t Lake(' U ah,1965,as `�� /-,t
amended
]-COMMON AREAS,IISPACt amean
me f L ES,"Cam j
fl/011 areas.space and d noon shallPm..i oportions ineand Legal Advertising Cleirk
ut
nnfor n'nnnts of o d n r on net forth booboo57.8-3 tah Code
Annotated MIMIas urnenrlcd
3. OONDOMINIUN. AND CONDOMINIUM PROJECT
AND CONDOMINIUM NN1T."Condominium",and"condo-
day and'rnndorninlrrm unit" hall meanprone. >re me this 3rd day oh
mr m pions thereof c g In roll defoliflons set orh a
Se'io 5).8-3,Utah Code Annottated,1553,as amendea-
a.CONDOMINIUM OWNERSNrP ACT OF MS,or"ACT"
"Condominium Ownership Art of len"or"Ail"shall mean !]A,D_ 1980
14,prof/Woos of Chapter 8 of Title 51 of Utah Cale Annotated,
a. ended in 19;'5
S"CONVERSION "Cenvers ion"shall mean 4
w5.ed
shun.
the type of ownership of a parcel or parcels of'land,
together 1l with the existing attached structures from sing,
ownorshrif ot surd I such a,an apartmenthouse
D d ill 9 1 d N 0t or •r
othern arrangement Alhip of L
. 1 Id t combined with iron, separate
live ownership f ,
facilities or elements -r {��J �^'"-
do MAarea,
,'Map"shall mean Record f Survey Map",as Notary Public
drained n Section 5)-83(181,Utah Code Annotated,1953.as Public
amended.
RFFURf315NING OR RENOVATION.Repairs,remodel-
enis o restoration work,nonstructural In na
'ore,
mddrnoOmciu,ledlby hall 00blo huhding codes.
r CP.UNIT.A"Unit"shall mean the physical elements or
r time parted Ida ondonllnlum protect which are he owned or used separately and excludes common areas and
rilities as defined rn Section 54.9.1 Utah Code Annotated,i
1953,an amended.
Section 51 33-3.P
this chapter sled p o the mandate of Inn
state of Dtah fn et
procedures for the add a
vai of rnndommrum protects to i thevec with
volrcabir or-Mumps,hybrid
and rstarshlows.Tenpom5Ymm andyother
of hybrid n ership a 9e y Indr-
!idValro �rshin wile inllet five ownership at common
represent
resent r a:lnv'anitwcolar response to complex'tofu d
':hip a pities t tc'lnu a th,safe-
ne �1 man he tin°,
and I1ta-style w of eoo,
Tv
warfare s,n il eon to n or t mismanagement,em�innor conch..
pahononlfmltt,noOurdare0 structural conditions are allowed to
r Corre�utions of building code violations and trp9rading nt
safely or comenon
mctronal afomenis of the structure is l
orrrne kn.... In adOltlen,conversion of existing apart-
ments of la ° a rentally a 'illures rfo"dminumshv hadOw effectand increase longaGrm remdenls,especrally senior citl>ens,
g
That shortage,e the combined with withdrawal of tht e prr-ivatetal °.sector
Irern the rental market because of conversion.Piacos addit
al n n the P1r111it sector,to which punto-agencies
yea'withi Gousm9 need erne to rc pond.Therefo
onepurpose of this ordinance to regulate('onvervron to pro
the safely and revltalued of the CS st on't/nes for
e hn u IW
npin or i opportunity whist
abrempting minr»loelhe home
hard.. iplacement
nohre and aixalosurr requirement,
Sdeveloper r'of d proposed ondomiolvo,e o e,')desThe
9 ng aporov`
shall f`ie a angllcarlon wiih he Planning Drrectnr o"
tf'wo routes of the proposed'M dreg,
wale a. required UV Sertiou 578.11, ITC.A., r953,
amended f tSO,e made by a
registered(ah land
surveyor gin°adel on,said map or en addetiadal site own
sharp r eflert IM1e r red floor plans identifying bounda-
ries ol the°roied ones,convertible and expandable areas
nr designate the referrs,and NM use
of Said Map S, Gan storage.
se common as opyy5,fed
tore Re.
.afar In ion toms a Punta-,Oosed assraer such era
n arras set,n and
one to the nit M ,a simlad re t own..
semi ends
U Of
or site Plan also aenriir end°des[ri'im
Pen 0..1 he lactation n sed driveways,
destrian w UrbculC w g strlglu°res,tences,land-
nun to ther'Pa r systems
ng De,artment'encr Man
span
upon submission of the rec mendatlons of the
missions.
ilding Official nd Planning Director,.the matter shall be
i Consideration f thep red C If said
s _ 'tier or'- 1 het d con- c re s.teat of
protest oOmpl - t 500
declaration,.and ter 1 the
r 1 nay, cablel ordinances d the requirements o1 preliminary a e erov-
ef Where
re coo ins re•o tlm esk final ,l •nv r thePlanning Commission us recommend final mmroval-
i_nt ore c r,mn t a0 protect,
a property
proposed on din,ro mth Planni g iDn r ranye . etork
art of h conversion
ninunn p eel,n > unto report Inr tints from the Planning subsequent
or Building bonding,
for work
n r including tire^ found Cot r that is sad for sor otherwise
se inIPfin,soerop 0nob
each
ireds1 hall be Me Us art Buttering Coen as and
proposed ding o Or tition5 u imps¢p000a r'to terms
amended,shall be submitted,fo e as of the application renew such bonding Planning
on ingdtttms upon its ae Planning
Upon Director
together d ith the rape Irs.plan for proposed improvements renew doPshall ea hee the conditions Ofaeeroen,the var have been neleted.
4.Pr001 of notice to tenans required by ec..51 33-II below all final ensure
is signed and submitted dctuding ant
shall her _d bernrr fin, va v be sri- enured bonds^ agreements required to be filed,and snail
fed alca ner-ides/eloper'S aoetlon otter prelirnlrrary ten i submit the matter together with the recommendation of
approval obtained. m thePlanning Commission with his signature noon the Man
S.fll s.T 1 he t t d. costs involved be the nCit Commission for final ovals II fee City
with in w I ,1 1 he V sphm tied with n shell 1 sate protect it In conformity wllh
Incapplication In the following arnoirnls- the requirements of oeelicable ordinances of Salt Lake City,It
c Ols�00 per prefect Olen plus shall approve told Map. f if should determine said prated la 1
_ 5.00 per units I1-10 units)plus not in conformity with require>ents of the ordinances of Sail
S 2.00 per unh over In units Lake i:rty,or it it reiecls any otters of dedication,or if if is not
m^lele a he plottered and r wed satisfied with plans of a which constitutes a subdivl•
may
for is,but al meet by.ethe nder aL Planning Building receivedD boot, I1 hall hin thirty s01e ays after t leg ita os for sio-
e;i stall nll th fir Broad nL l sins nrserloi until approval. rWived any
protect,
(301 days evel the Cary fCanlmh the
s rotpieh i condominium rnecc be until a pl r0 hnasning Direct a ao err,adored
to meet t may file with the
envcomplete
err imps sett.a Me ing only i GomA)above
until aPp .ra nA Director on.of final
Map meet the re ¢cis or
tcomplete.Potpie
only item(al above. i ar the City Commission.fame NO final po shall have City any sl rttlf.or>smchons aiif-b. Review,,0h .1 Dr vieWyors_ Planning
De '0 On nl theatre oat been approved by the Ciy as corded
ndoti nent to n eb the i clusi be reviewed by planning iO with
by the a of the Mayor and le months
from he
at sfacti n ass ore the cluflnn s010 provisions , Me M ei''s was the Saltayor'County signature
within 18 muttons from the
ace,Ilion addressand fix r n aenasV lu the n date a the MOVor's si
ned repair.r c,plumbing
eras including common Section 5t3]-11.Notice to residential tenants in conversion
electrical,al t andscao, n par O vrras. iso der n
cons shall
a restrict
the
endparkin, pas.Also l rnda)Notice. ail of teaapplicationomers for approve,y a
spttosinf tlm. se
any e parkPc idea,residential 01cr 01 info n project.residential
when said p ere the r
wen g f r f of 5 5- ec 0l roc a existing esnr 1 structure nerd the structure
la
rations
ots Tait Tne Planningp e rear. snail soreview01 said de000 has of
,occupied bo residential toasts pre,to ap once of
•ah Ons aird require ces,variances
r fan es or con,t olis Placed
OI toy Inc conversion, ne. tenants shallc nor
provide ali.ce of
oaf circumstances, or rands. conditions upon notice equireconversion to ate apply
ins by certified thou.structures
is
i sonl,00 prom Preliminary
for a revie` or toe requirement ean not that to nonresidential tioOnl Cquisi1 es
e Offh.n s I-3on receipt
00 review and101 approval by Ruda- n to aresidential so structure ingpeon W oc li U n Cdevei Ot
and Official. rut,the
f a pn4'canoa fa approval of a anda no for
the V or firing ecfore aela,
redo of
Goer Off icial anon e th w the remained r nv o year a shall It p ecl0de the a
sep r t ends project,
for new wmnols,riren renovations and
drop- emane 50 a pee et 0 00 Io hire relinquishing
his o here evert
eels nnrepere Can plan 0 improvements,r va Section
o ,Mice Pa-executed a waiver relinquishing his or her right al
n the s of t conversion p etc,roleosee bm ly wth ',Mice under ens provision.Sucor
pairs
r ot misada coddes determine if se of plans c rsio with n r 161 Contents the. 050 lion o shah include.Ill the intend.
Building)Official 11,011 res. In iho r. sfol the p and
and nl()r the estimated!dateen 0f the construct to ion eer,od ru d
may require nfatlioe inspections
and resubmission of termination i occupancy which shall not be less than sixty
Mr o eerly report tlenold it he determined tirat substantial days from the date notice served upon occupants en pi e-
na 1 Cate r purl statements lion O individual leases, horhever i longer,t3)the disci°.
fie not ported exist farts.coop requirements r s d on- lr f the specinc r11e1 fixed sales price for each unit which
l ucenns n Upon w ,!the Bulling snail bp n eater than Me price Initially advertised and ot-
Oilwh c,om shast be notp
tn bring corrections,-reeai se and
res foreolecemeolis toed to the general publahleae relocatIninformation
formternative tin locee the
n_on
e together with a list of reeovatlon improvements sr000see specifyingenants and organizations and a plan of a secure
bvrthe developer not inquired by code The Building ORiriai" es fo be va agencies
provided by the owner/aeveloaer."e
such n Port,send indicate a of lc)Dissemination of notice. Y f said notice together
'hooter 1i6 ore the`Un boo Bonding code requirements
nroeds he with a list prepared by theowner/developer identifying I
anticipates w s befell impractical bec0use Or Inc rent or unit^umbers caes lmate apes,rental
mslrimresaa feted wh the s and any and other known oecial handicaps or factor affecting
uoI tlltionis Ise in os to impose.upon such waivers.The Bun. needs or nee tenants shall be submitted to the Salt
Official one o h lime a- Lake County Aging Service 5e CitizenCoalition,Salt
violationsexistiog i code corrected or may lecornmend Take City and County A and Salt Lake I
oreliminary approvai of the prole. building e- County Social S Department
e tip.r to adobe agencies of I
.iect to the cond.!,the MMe v arion..be corrected Prior to final services.ers conversion final anchor
app solicit)their a ca^vic No assistance
nto eci shall w I
reification i
asp t
Section -33-7.Preliminary review ha Planning Director be f d by the;Nanning ing Commission until the rdeve-
The Plan,.Director mall review thed real- his pravl d f of service b M rtll' '1 unre
d documents i0 determine whether the prep,COnfornas tO 000nt oroofor actual delivery by Mettald o1 serViCes adoVird
appricable requirements d Ilse Condominium Ownership Acl under Section]8-366 Ilion Code Annotated 01 such notices arid
required above,and the m esrgnamd
f 19 o applicable a Its district whichrelocation( plans
am of sixty 160)days)has ex i e
rothe c t located,thet or1 on the use `r S 51 loo-10.Tenant protest n
o f i ng imposed by applicable board renditions
Aarustrn 1 P proceduretenant of a res'den
atc• lel conditional os_ d.or prior r v n a Pano. 1al dwelling has written formal pace al eviction
'clustered,o p development it the aCln"ing Direa- tot c and wthut at least sixty(601 days notice of
lei I 1 a1 1applicable 0 'e d' ¢ e above and as reason to believe that no-
or t h de pal of the nd ¢i t 'd because of Proposed condominium o project,
e• n tuntil h t have been corrected -te n h thirty130)d I I sate of the notice of
e ti n rre completed, r he they recom d - t appeal d' the1 r rg-
na whorl r the condition the violations be board ( i did in
s!
e i d completed bondedpriorroto final approval. the ofll fice the isf the suance o0f/ I.The o filingn 1 mr issuance otes!
corrected.o Secitnu tv^3-B.Preliminary a i rovPol. Permits for the structure In a et any sf1o^vtor a per'ed of notstr
(a) I submission o here its and rec. m ea- poened thirty 1101 days and Iher matter stall be se or M1narinq
lionsf the Building Official and Pleasing Director,the Plan before the Roarer of City Commissioners.Subsequent e
nmais
gof
linos that.(I)both nmmenantios are favor. shall not err to further tar Me i. of approve.for the.
able and
s)that he Building Official is not waiving any condominium protect and no stay shall be grane f he Biala-
requirements by a/orrdinance,thenPrunning Director g Official r rtlties eo the Board of City Commissioners that a
Mar,GO an it imposed f 1 i basis i t m ti ter er h
is opinion, o lite or
al Absenth finding that d t 1 or In i rev w In s h rmval shall no imminentuse bperiltstaved other
the 0 ve t'sir aidepreliminarytding annro approval,ono maneitions d by shall uci than[vrorder uM by the district court urio petition,notice
an o h Mr - Planning Commission purse and to antl arc case be, -n
set
be - led u f yy of the appeal norm snail he tor.
Redo-
in)When ad approval not p date aide,i0 the Relocation 11 Division of the oSaltust Lake hou Authority
for
w eel advice
❑Set eke City Housing Ahall wif a
It is) be f Mooning Director iai and
tthe an• Wader,.
elw ton days
for and assistance e. Said City
Commissioners
w ihln
• asmidPei _ _tl 1 flooding O t Plan for ten OM devs lOeportl to area Board 1 Crry Comminslnne';a
0 t o before hearing of the lPlanning f t nor statement of t t d recommendation.
eBuilding
1 t preliminary findmodificationsec e ut Upon filing t- to in Blind n Official require shall
mended t1 P uil s rod 1 p oval nd st tole ainvestigatione e aeterm nee-t the!dice porthis
the by tea Building coblrOfficial and Plannas presented
red tor,approved
and n is sd an
ardw satisimm He shad teen report his
that the..fret in compliance olce or has pros mod ace veer Headings the Beard of City Commissioners written en(10)
piens which n heestructures1 I d )filing the dooeal.
applicable b'Id- 1 In hie ordinances1 The R d I C
er r I' I Planning(. i conditions able t thehearing y I(in hell f x a reason-
and-rp I d 11 I swner A Oue notice to t(hie
subsequent I f-t approval $ h ndit awed,and snail af h -d bear review a d appeal togeth•
lode correction of violations,appropriate Ai/lentil/lent 1 fa der- er with Agency and oe omen reports,recommendations
la•atro^s,and the submission NOttee of Intent to tenants, and related permit or subdivision applications,and hail tie-
etc to he comptelM prior to line,approval. ine the same wnhrt Ihirtt(NI)days teem the date of filing of
Ic1 The efiret o preliminary approval shall entitle the the appeal_
• er/developer to proceed with obaining heading er ids, lei The Board or City Commissiners with regard to the
notice.to tnants and preparing documents for final hearing ofsaid appeals,may.
ecgval,and 1 otherwise proceed with the wire all ). o•ce the t rdosee o w ine es,the Orodnlion of
thereof being subject and conditioned inn an ton and ace and administer aspects
• al ]).Direct municipal resources.1
Sea 5,334.Final Review. 1 t relocationhardships,
necessary,and apprOpri-
1a)Building Official.Aft preliminary Inch Build. al. H and allegationsof in an
mg Official-pl u In structure 1 be inspected I h0 requirement.decisiond_i 1' de bye onrcpai
normalof Inspection work be' conducted under 'n he ice'formanee of his dui'es as related 10 the
permit Prior to lino,approval. he BUI ding Official hail ahoy,
cause final inspections al, tructtures and work
therein to be t See tat Me laws and ordinances are lailhfuny exeruh
d d tli 1 1' corn v
1 I applicable n phi codes 11 h Build.
5). I 1 tons or ers
- • rral or for performtog• .etl pa::
to
en• Sf which arch required 1 bang thebuildings trary to the hu'ditto and from
ningcorrdi ordinances of Sall Lake
corrections, I l into
compliance or to comer oM proposed renovations,saki()Trani
(Ity-
may an conrpretion old such work P'h0 to a/.m, reasonable conditions relating to the terms and
final approval.p v However,shptld the Building Otlicial eater conditions Impose
Me prolecf well be approved which mat
anes o correct t coda ilations or to complete pr ed os en ion rend Abuts or refurbishing after ll al approval as a condition tantn s of a Or approval relocation
preparation doe,0f
hereof are reasonable e shall not create haze ct 1 the whop have ten prlpn not denialservicesof
health or welfare d 1 said Bu fang 0 fl i I may i0 n event given proper
owner ev
e final 1 bl.r o comdenon of f Frgnr (el ins from the date denial.
not
.c planned work provided the own er/developer file. f"lhful Se 51-,3-1.Enloroemenl.
ora bond' _eat l0 nuaeaniere MB ost�i at It Isunlawful for ant person,f m,corporation,pert-
mated• red I I laborand ed to correct d b d I i aersnip or to sen
b Idi 9 M conditions d r. r d0-
Sa id bondh nee approved b i Cit A n M I IPertaincompliance with the provisions of 11 t 11 Record of
and content
cMaent and said d bond n b tiled with C)fy s beenfinally approved by with
Roarer nl City Commis is.
s h - a approver h Me d duly recorded in the office ot the County, 1 such bond conditionf
Record-
Commission eel a h 11 t substitute I the need 1 the fie A, departments.officials and pun IC emPIDyees of Ine
ownre O r touts
past to work ain cis certificate
trio•to actu11 al o Cune, onloron to tlh¢proves pas Ofl thtepCade altl Snell
pe"Intl f9y Pt�act ale rt D' I one,preliminary apProvel cth¢ or n n a 1 1 or ail rove r Iswe any perm i or
monitora - f I h Code.tAev other purpose
uM conflict
m D h1 If be - complianceo insure b - Ind City
I t. w issued
nerros 1 In PI Commission it d h b df with
'he
pi
esion{ 1' approval All violations ( III ordinances A a void,of doper .w
shall be .tad a requirements shall he 1 d .aura rea....r... -.�
1 finalapproval,ition of n II be annroval Ind PIC id C h vie ates env of
I-.f shall be bonded according the der Ctl !tin d 1Y apter or any 11 a"m stlelmean0r pt1 fo
"re'
Ial Do n.s f t I• b • ed for a s rood▪t
defendant n • be fl ed
M I i.t date
e
qj foot Sect oe is a lst elapse prior In submission of
a lint ned xceedla SYvgnB
inn cp❑ ono J Me Plom ng Comm¢smn tar final 0' h 1 d" e a the growler emeenl If.
52000
1 I be hodefendant- cur ration,'5"a on or
a I. a 01 in Planning Direct .ned and ll,ee.
env t au tent,f0,,,,or,),.
4,tne Buda,.Official shall
Inereoilhv env Of th•note followingce requiring
tans. age vcion
Der fM'. o a•
ns1
LJ
/5 / tin or
recommend hen t theelannth e ni per
ens assists
in sec l violation'''..
I
i the Cliv Attorney m matt,'an action
po uiel h sanction
of institute criminal proceeaings.
Srtr;Vysll:V Itnctive iseverahtilty.
al If article.se subsection,paragraph,sentence,
l.a r phrase of this chapter,or any part thereof,Is for any
Pa...held to be oneonsfitutional nal orinvalid or in teethe by
anY court of competent/nseleetlo, s decision shall not
Alter/the validity o iel...aneys Of the remaining portions Of
this ns snnrbvraanya Part es tat lot.TheI M1oardaofoCidty Commis,
tynesubs-ecfmn,paragraph Vsenlence ve oclause each
cnnraase
tile.
teol r iil of the fact That a articles,
sriii ecllons,paragraphs,sent,one
clause,or oboes
ei be at-laced unconabtntlonet Orrnvand or Inelfeision
Si II the application of anyprovisions of this
nhapbe un y to a
ny rverson.be Ml On•:iaut of competent
Or sdiction,circumstance,
n tole or to oar,
Oy urt of c sdlhad p otter competent
v.the effect of decision shall be or
10 meeper.
etc stances Immediately involved in
anA Iandupilicatmn 01 any such p ialte0n fo at"'
�r lies and option
p iion t in shoa de un Commissioners
r oY,
rsall eke 9.,i the necessary
of the Board of health doe
e l
faeah .nee City.it it v the Peace, wet
fare el the it.,immediately.
Lake City that this ordinance
MCOme effecT1ON 3e I his ordinance
SG(on. �.This oraindnce shall lake ertecf upon its firs)
nub
Ula Pasfsed tic the FOard et Commisslnners of salt Lake C:Ito.
Utah,mIs inn day of Dernmber,IV'l9
TFO t.WILSON
MAYOR
MILDPFO V.MIGHAM
r.IY RLQ POI R
iLA n1
FILL /e Is
Published DacnmM r st t Ptz
5-. '