025 of 1998 - Amendment to Salt Lake City Zoning Ordinance regarding condominium approval procedureR $8-1
98-3
SALT LAKE CITY ORDINANCE
No. 25 of 1998
(Amendment to Salt Lake City Zoning Ordinance
regarding condominium approval procedure)
AN ORDINANCE AMENDING THE SALT LAKE CITY ZONING CODE
RELATING TO THE CONDOMINIUM APPROVAL PROCEDURE.
WHEREAS, the portion of the Zoning Code dealing with
the procedure for the approval of condominiums was not re-
written with the rest of the Zoning Code in 1995 because
there was not a large demand for condominiums at that time
and because the City's consultants were not familiar with
the issues involved in the condominium approval process; and
WHEREAS, due to changes in market conditions, the need
has arisen to modify the procedures for condominium
approval; and
WHEREAS, the Planning Commission and the City Council
have held public hearings to review and discuss the proposed
changes in the Zoning Ordinance; and
WHEREAS, the City Council finds the proposed ordinance
to be in the best interest of the City.
NOW, THEREFORE, be it ordained by the City Council of
Salt Lake City, Utah:
SECTION 1. That Chapter 21.82 of the Salt Lake City
Code shall be and hereby is repealed in its entirety.
SECTION 2. Chapter 21A.56 of the Salt Lake City
Code entitled "Condominium Approval Procedure" shall be
and hereby is enacted to read as set forth on Exhibit
"A" attached hereto.
SECTION 3. Effective Date. This Ordinance shall
become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 19th day of May
EST AND C•UNTERSIGN:
CH EF CEP Y CITY R:CORDER
, 1998.
Transmitted to the Mayor on 5-19-98
Mayor's Action:
XX Approve e_ Vet
ATTEST AND COUNTERSI
EF PEPUTY C TY Ra •RDER
(SEAL)
Bill No. 25 of 1998.
Published: 5-29-98
APPROVED AS TO FOF1M
Salt lake City Atttyrney's Office
Date S- is-- 911
\ORDINA97\condo approval procedure - oct. 3, 1997.doc
2
Sections:
21 A.56.010
21 A.56.020
21 A.56.030
21 A.56.040
21 A.56.050
21 A.56.060
21 A.56.070
21 A.56.080
21 A.56.090
21 A.56.010
EXHIBIT "A"
Chapter 21A.56
CONDOMINIUM APPROVAL PROCEDURE
Purpose of Provisions.
Definitions.
Applicability of Provisions.
Proposed Project -Application -Fees.
New Construction Process.
Condominium Conversion Process.
Appeal of Administrative Decisions.
Appeal of Planning Commission Decisions.
Annual Report to Planning Commission.
Purpose of provisions.
This chapter establishes procedures for the review and approval of condominium projects
to insure they comply with applicable Salt Lake City ordinances and state laws.
21A.56.020 Definitions.
For the purposes of this chapter:
"Building Official" means the director of the Division of Building Services and Licensing or
such person as the director shall designate.
"Common areas and facilities" means the property and improvements of the condominium
project conforming to the definition set forth in Title 57-8-7, Utah Code Annotated, 1975, as
amended or its successor.
"Condominium", "condominium project", or "condominium unit" means property or portions
thereof conforming to the definition set forth in Title 57-8-3, Utah Code Annotated, 1975, as
amended or its successor.
"Condominium Ownership Act of 1975" means the provisions of Chapter 8 of Title 57 of
Utah Code Annotated, as amended in 1975.
"Conversion" means a proposed change in the type of ownership of a parcel or parcels of
land together with the existing attached structure from single ownership of said parcel,
such as an apartment house, into that defined as a condominium project involving separate
ownership of individual units combined with joint collective ownership of common areas.
"Plat" means "Record of survey map" as defined in Title 57-8-13, Utah Code Annotated,
1975, as amended or its successor.
"Planning Official" means the director of the Planning Division or such person as the
director may designate.
21A.56.030 Applicability of Provisions.
The procedures and requirements of this chapter apply to the processing and approval
of condominium record of survey maps for condominium projects. Such provisions shall
supplement zoning, site development, health, building or other ordinances which may be
applicable to the condominium project, and shall apply to the approval of projects involving
new construction, as well as projects involving the conversion of existing structures. In
addition, projects which involve dedication of real property to the ownership and use of the
public shall also be considered subdivisions and require compliance with applicable
provisions of Title 20 of the Salt Lake City Code.
21A.56.040 Proposed project--Application--Fees.
A. Information required. The owner or developer of a proposed condominium project
desiring approval shall file both a preliminary application and a final application with the
Salt Lake City Planning Division on forms prescribed by the City together with:
1. Six copies of the proposed map, accurately drawn to scale, as required by Title 57-
8-13, Utah Code Annotated 1975, as amended or its successor, which shall be made by a
registered Utah land surveyor. Such map shall set forth: (a) the angular and linear data
along the exterior boundaries of the property, (b) the linear measurement and location, with
reference to the exterior boundaries, of the building or buildings, (c) the diagrammatic floor
plans of the buildings, including identifying number or symbol, (d) the elevations of the
finished or unfinished interior surfaces of the floors and ceilings and the linear
measurements of the finished or unfinished interior surfaces of the perimeter walls, and the
lateral extensions of every unit, (e) a distinguishing number or symbol for every physical
unit identified on the record of survey map, (f) the limited common and common areas and
intended use/uses.
2. Two copies of the proposed condominium bylaws and declarations, including
itemizing those facilities which will be commonly owned and maintained by the owners, and
the plan for providing long term funding, as required by City ordinance. The declaration
shall also contain the following:
(a) A statement that the homeowner's association may regulate, limit, or prohibit
rentals of condominium units;
(b) A statement that the homeowner's association may require the rental of
condominium units to be conducted through the homeowner's association or
a designated management company, and may require that all lease
agreements be reviewed and approved by the homeowner's association or
the management company, that any tenants be screened and approved by
the homeowner's association or the management company prior to renting
the condominium, and that the approval of the homeowner's association or
the management company shall not be unreasonably withheld.
(c) A statement that prior to renting any condominium unit, the condominium
owner and the tenant shall execute a written lease agreement which shall
include the following provisions:
(1) The tenant shall agree to comply with all of the terms and conditions of
the condominium declaration and bylaws;
(2) The tenant shall agree not to allow or commit any nuisance, waste,
unlawful or illegal act upon the premises; and
The owner and the tenant shall acknowledge that the homeowner's
association is an intended third party beneficiary of the lease
agreement, that the homeowner's association shall have the right to
enforce compliance with the condominium declaration and bylaws and
to abate any nuisance, waste, unlawful or illegal activity upon the
premises; and that the homeowner's association shall be entitled to
exercise all of the owner's rights and remedies under the lease
agreement to do so.
(d) A statement requiring that prior to a tenant's occupancy of a condominium
unit, the condominium owner must provide to the homeowner's association
the name, address and telephone number of the tenant and a copy of the
written lease agreement.
(e) A statement that the homeowner's association shall have the right and the
obligation to enforce compliance with the condominium declaration and
bylaws against any owner and/or occupant of any condominium unit, and
shall have all rights and remedies available under state or local law, in
addition to its rights and remedies as a third party beneficiary under any lease
agreement, to enforce such compliance.
3. A printed list on gummed mailing labels of owners of all real property within 300 feet,
excluding streets, of the proposed condominium. Where conversion of an existing building
is proposed, the mailing list shall include current tenants of the building.
4. Where conversion of an existing building is proposed, a property report must be
prepared consistent with the requirements of Salt Lake City Code 18.32.050.(UBC
Appendix -Nonconforming building conversion), and submitted as part of the application,
together with a plan for proposed improvements, renovations or repairs to existing
structures/facility.
5. Where conversion of an existing residential building is proposed, proof of notice to
occupants shall be required before final approval. The notice shall include the estimated
purchase price of the units, and information regarding proposed improvements. The notice
shall describe any financing packages or economic incentives being offered to tenants to
assist in unit purchase. The notice shall also include a date occupants must vacate or
purchase, said date shall be no earlier than 90 days after service of the notice. Relocation
information for the tenants, specifying available housing relocation resource agencies, and
a plan of any services to be voluntarily provided by the owner/developer, shall be included
in the notice.
(3)
B. Filing Fees. To assist the City in defraying costs incurred in review of the project, fees
shall be submitted with each application in the following amounts:
Preliminary:
1. Three hundred dollars per project plan; plus
2. Ten dollars per unit.
Final:
1. Two Hundred dollars per project plan; plus
2. Ten dollars per unit.
C. Determination of Complete Application. The application for either preliminary or final
condominium approval shall not be considered complete until all required fees are paid to
the City by the applicant and the planning staff has reviewed the material and determined
that the material is adequate and correctly details the condominium request. If the
application is found to be incomplete, the staff will inform the applicant of the necessary
additional information.
21.A.56.050 New Construction Process
A. Zoning Administrator Duties and Responsibility. The zoning administrator shall
perform a zoning compliance review and report the findings to the building official and the
planning official. The review shall document the site plan compliance under the Zoning
Ordinance.
B. Building Official Duties and Responsibility. The building official shall obtain the
zoning compliance review from the Zoning Administrator. The building official shall review
plans for new construction to determine if such plans conform with applicable building
codes.
C. Planning Official Duties and Responsibility. The planning official shall review the
application, the zoning compliance review and related documents to determine compliance
with requirements of Utah Condominium Ownership Act of 1975 and applicable provisions
of this part.
D. Preliminary approval procedures.
1. Public Hearing Required. No condominium project shall be approved without a
public hearing. The planning official shall schedule the time for, and hold an administrative
public hearing to consider the condominium application. Notice shall be mailed to all
property owners, as specified in 21A.56.040(A-3) at least 14 days in advance. The notice
shall inform the notified party of the date and time of the public hearing.
2. Planning Official Action. The planning official, or designee, may grant
preliminary approval, with or without conditions, or may deny the proposal at the
administrative hearing.
3. Building Official Action. No building permit for a proposed condominium
project shall be issued without preliminary approval from the planning official. The building
official, or designee, may approve the plans and issue applicable permits for construction.
The issuance of building permits shall serve as evidence of preliminary condominium
approval.
E. Final approval procedures. No condominium shall have final approval, or shall said
units be sold, until the plat has been recorded with the Salt Lake County Recorder.
1. Planning Official Approval. Upon receipt of the final record of survey map, the
planning official shall examine the plat to determine whether the plat conforms with the
preliminary plat and all conditions of approval. The planning official shall approve and sign
the plat.
2. Building Official Approval. The building official shall conduct a final inspection
of the building and shall approve and sign the plat.
3. City Attorney Approval. The City Attorney shall advise the Mayor as to the
form of the final plat and other recordable documents. The City Attorney shall certify that
any lands dedicated to the public are dedicated in fee simple and that the applicant is the
owner of record. The City Attorney shall approve and sign the plat.
4. Mayor Approval. The Mayor shall examine the plat to determine conformity
with the requirements of the ordinances of the City and may approve the record of survey
map. No final plat shall have any force or effect until it has been approved by the Mayor
and recorded with the Salt Lake County Recorder.
21A.56.060 Condominium Conversion Process
A. Building Official Duties and Responsibility.
1. Property Report Required. In the case of a proposed conversion to
condominium of an existing building, the building official shall review the property report
prepared in response to Salt Lake City Code 18.32.050. governing building conversions,
and any plans for renovation and improvement to determine compliance with applicable
codes or ordinances. The building official may require revision and resubmission of the
property report if a determination is made that required information is missing.
2. Inspection Required. The building official shall require inspection of the
property. Any items identified, either through the inspection or in the property report, as
needing repair or replacement within five years, shall be included on the list of required
improvements.
3. Disclosure. The building official shall identify any building conditions to be
disclosed on the record of survey map.
B. Planning Official Duties and Responsibility.
1. Coordination of Review. The planning official shall review the application
material submitted for accuracy and completeness and transmit the submittal to pertinent
departments for review and comment.
2. Consistent with State Law. The planning official shall review the application
and related documents to determine compliance with requirements of the Utah
Condominium Ownership Act of 1975 and applicable provisions of this part.
3. Previous Conditions. The planning official shall review applicable conditions
on the use or building imposed by ordinances, variances, conditional uses.
4. Site Improvements. The planning official shall review the proposed building
and site plans and shall have the authority to require additional improvements to be made
to the existing site. This review shall include an analysis of the parking, including internal
circulation issues, such as surfacing and control curbs. The analysis shall also include the
number of existing parking stalls, noting any deviation from current standards. Based upon
this information, the planning official may require construction of additional parking stalls on
the site, or may require reasonable alternative parking solutions as outlined in Section
21A.44.030 "Alternative Parking Requirements". The total number of parking stalls
available to the owners of the project shall be disclosed on the condominium plat.
5. Staff report. The planning official shall direct City staff in the preparation of a
written report, describing the recommended improvements to the building, the site and the
surrounding public way. The report will summarize the above -referenced review detailing
any noted deficiencies.
C. Preliminary Approval Procedures.
1. Public Hearing Required. No condominium conversion project shall be
approved without a public hearing. The planning official shall schedule the time for an
administrative public hearing to consider the condominium conversion application. Notice
shall be mailed to all property owners and current tenants of the building, and to the chair
of the appropriate community council, as specified in 21A.56.040 (A-3) at least 14 days in
advance of the scheduled hearing. The notice shall inform the notified party of the date
and time of the public hearing.
2. Building Official Action. The building official shall identify any improvements,
repairs or replacements which must be made to bring the structure into compliance with
applicable building codes. The building official may recommend denial until existing code
violations identified are corrected, or may recommend preliminary approval, subject to
violations being corrected prior to final approval.
3. Planning Official Action. The planning official shall consider the public benefits
of condominium ownership to the community and balance those benefits against the Toss
of rental housing. The planning official, or designee, may grant preliminary approval, with
or without conditions, or may deny the proposal at the administrative hearing.
4. Planning Commission Consideration. The planning official may, because of
project complexity or public concern, determine that a public hearing before the Planning
Commission is required. The Planning Commission shall schedule and hold a public
hearing in accordance with standards and procedures set forth in Part II, Chapter 21A.10.
Following the public hearing, the Planning Commission shall grant preliminary approval,
with or without conditions, or deny the application.
D. Final Approval Procedures. No condominium shall have final approval until the
record of survey map has been recorded with the Salt Lake County Recorder.
1. Planning Official Approval. Upon receipt of the final record of survey map, and
final application and fees, the planning official shall examine the plat to determine whether
the plat conforms with the preliminary plat and all conditions of approval. The planning
official shall approve and sign the plat.
2. Building Official Approval. The building official shall conduct a final inspection
on the structure to determine completion of any planned or required repairs and
improvements. The building official may recommend final approval subject to completion
of required work, provided the applicant files a performance bond in an amount equal to
the estimated cost to correct conditions of approval. The building official shall approve and
sign the plat.
3. City Attorney Approval. The City Attorney shall advise the Mayor as to the
form of the final plat and other recordable documents. The City Attorney shall certify that
any lands dedicated to the public are dedicated in fee simple and that the applicant is the
owner of record. The City Attorney shall approve and sign the plat.
4. Mayor Approval. The Mayor shall examine the plat to determine conformity
with the requirements of the ordinances of the City and may approve the record of survey
map. No final plat shall have any force or effect until it has been approved and signed by
the Mayor and recorded with the Salt Lake County Recorder.
21A.56.070 Appeal of Administrative Decisions
Any person adversely affected by the administrative decision of the Planning Official
may, within 10 days after such decision, file an appeal to the Planning Commission. The
appeal shall specify any alleged error made by the planning official. The Planning
Commission shall schedule a public hearing for consideration of the merits of the appeal at
its earliest convenience.
21A.56.080 Appeal of Planning Commission Decisions
Any person adversely affected by the decision of the Planning Commission may, within
30 days after such decision, file an appeal to the Land Use Appeals Board. The appeal
shall specify any alleged error made by the planning commission. The Land Use Appeals
Board shall schedule a meeting for consideration of the merits of the appeal at its earliest
convenience.
21A.56.090 Annual Report to the Planning Commission
At the end of each fiscal year, the Planning Division shall provide a report to the
Planning Commission identifying the number of condominium conversions, including the
number of units involved, which have occurred during the prior year.
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