Bell City Zoning Code
CHAPTER 17
60 CONDOMINIUMS
§ 17.60.010 Purpose.
The purpose of the provisions of this chapter is to provide minimum standards for condominium projects, in order that there be a greater choice in the type of housing, and to regulate such projects in order to promote the public health, safety and general welfare.
(Prior code § 9336)
§ 17.60.020 Definitions.
In addition to the definitions contained in Chapter 17.08 of this code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
means the process or effect of transferring ownership of a building from rental units to a condominium in accordance with appropriate law.
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (a) an estate of inheritance of perpetual estates, (b) an estate for life, or (c) an estate for years, such as leasehold or a sub-leasehold.
means the entire parcel of real property divided or to be divided into condominiums including all structures located thereon.
means the same as dwelling unit.
(Prior code § 9336.1)
§ 17.60.030 Permitted zones.
The construction of new residential condominium units, and the conversion of existing rental dwelling units to condominium units, shall be permitted only in the R-2 and R-3 residential zones of the city, subject to compliance with Chapters 17.20 and 17.24, respectively, of this code, except as expressly set forth in this chapter.
(Prior code § 9336.2)
§ 17.60.040 Development standards for new condominium projects.
Any residential condominium utilizing new and previously unoccupied buildings and structures, shall comply with the following development standards.
A.
Organizational Documents. Prior to approval of a tentative subdivision or parcel map, the applicant shall submit all organizational documents, including the declaration of covenants, conditions and restrictions, the articles of incorporation, the by-laws, and the contracts for maintenance, management or operation of the condominium development, shall be submitted to, reviewed and approved by the city attorney to insure conformance with the provisions of applicable laws. Evidence of recordation of the approved organizational documents shall be presented to the city prior to the issuance of any permits relating to the project. A community association as specified in Section 1363 of the Civil Code, responsible for the maintenance and repair of all common areas shall be required and provided for in such documents.
B.
Parking. Such projects shall have and maintain two off-street parking facilities per condominium unit, 50% of which shall be located in completely enclosed garages. The development of off-street parking facilities shall comply with the provisions of Chapter 17.76 of this code.
C.
Utilities. The consumption of gas, electricity and water within each condominium unit of such a project shall be metered separately so that the unit owner may be separately billed for each utility. Separate gas and water shut-off valves shall be provided for each unit.
D.
Minimum Floor Area. Each dwelling unit in such a project shall observe the following minimum floor area per condominium unit: 800 square feet, plus an additional 150 square feet of floor area for each bedroom over two.
E.
Accessory Storage Space. Not less than 200 cubic feet of enclosed accessory storage space shall be provided within the garage for each dwelling unit in a new condominium project.
F.
Central Trash Area. A central trash, garbage and refuse storage area shall be provided for such a project as follows:
1.
The trash and garbage collection area shall be completely enclosed within a building, or within a concrete masonry fence not less than six feet in height with view-obscuring gates or doors; and
2.
Trash containers shall be provided having the equivalent capacity of not less than 45 gallons per dwelling unit; and
3.
All garbage, trash and refuse receptacles shall be regularly cleaned and maintained in a sanitary condition. Tight-fitting lids shall be provided for each container; and
4.
All trash storage areas shall be located for convenient vehicular access, pickup and disposal; and
5.
The trash collection area shall not be located in a required front or side yard area, nor shall such trash area obstruct, or eliminate, required parking spaces, turning radii or driveway.
G.
Open Space. Each lot shall have and maintain a minimum of 300 square feet of open space for each dwelling unit. "Open space" means an area other than a required setback area, driveway, or off-street parking facility, which has no building or structure located therein, except for such buildings or structures which are designed and used exclusively for recreational purposes. Such open space shall be provided as follows:
1.
Private Open Space. A minimum of 150 square feet of private open space shall be provided for each dwelling unit located on the lot. "Private open space" means open space which is:
a.
Located immediately adjacent to, and on the same lot as, the dwelling unit it is designed to serve; and
b.
Available for use only by the occupants of the dwelling unit which it is designed to serve; and
c.
Easily accessible by the occupants of the dwelling unit which it is designed to serve; and
d.
Located on the ground level with a minimum of 10 feet in its least dimension.
2.
Common Open Space. One hundred fifty square feet of common open space shall be provided for each dwelling unit located on an R-3 zoned lot. If the sum of all required square footage of common open space is less than 1,000 square feet, the required common space shall be combined into a single common space area. "Common open space" means open space which is designed for use by all occupants of dwelling units located upon the lot upon which the open space is located.
(Prior code § 9336.3; Ord. 1129, 1997)
§ 17.60.050 Development standards for condominium conversion projects.
Any project which proposes the conversion of existing rental dwelling units into a residential condominium project, shall comply with the following development standards.
A.
Organizational Documents. No tentative subdivision tract major parcel map, which would have the effect of creating a condominium project as to existing rental dwelling units, shall be approved, nor shall a final or parcel map be recorded, unless the applicant for a condominium conversion project has complied with the following requirements:
1.
The submittal, review and approval by the city, and evidence of recordation, of the organizational documents as required by Section 17.60.040(A) of this chapter; and
2.
The submittal of satisfactory evidence that the developer has complied with all requirements of the Subdivision Map Act by giving each tenant written notice of the intention to convert, and of the tenant's exclusive right to contract for the purchase of their respective unit.
B.
Parking. Each condominium conversion project shall provide off-street parking facilities as required for a new condominium project by Section 17.60.040(B) of this chapter.
C.
Utilities. The consumption of gas and electricity, within each dwelling unit of a condominium conversion project shall be metered separately so that the unit owner may be billed separately for each utility. Separate gas and water shutoff valves shall be provided for each dwelling unit.
D.
Minimum Floor Area. Each dwelling unit in a condominium conversion project shall comply with the R-3 zone minimum floor area requirements as contained in Section 17.24.050(G) of this code.
E.
Accessory Storage Space. Not less than 60 cubic feet of enclosed accessory storage space shall be provided within the garage for each dwelling unit in a condominium conversion project.
F.
Central Trash Area. A central trash garbage and refuse storage area shall be provided for a condominium conversion project as specified in Section 17.60.040(F) of this chapter; except in lieu of a concrete masonry fence enclosing the trash area, a solid view-obscuring fence may be provided.
G.
Open Space. Each lot shall have and maintain a minimum of 300 square feet of open space for each dwelling unit. "Open space" means an area other than a required setback area, driveway, or off-street parking facility, which has no building or structure located therein, except for such buildings or structures which are designed and used exclusively for recreational purposes. Such open space shall be provided as follows:
1.
Private Open Space. A minimum of 150 square feet of private open space shall be provided for each dwelling unit located on the lot. "Private open space" means open space which is:
a.
Located immediately adjacent to, and on the same lot as, the dwelling unit it is designed to serve; and
b.
Available for use only by the occupants of the dwelling unit which it is designed to serve; and
c.
Easily accessible by the occupants of the dwelling unit which it is designed to serve; and
d.
Located on the ground level with a minimum of 10 feet in its least dimension.
2.
Common Open Space. One hundred fifty square feet of common open space shall be provided for each dwelling unit located on an R-3 zoned lot. If the sum of all required square footage of common open space is less than 1,000 square feet, the required common space shall be combined into a single common space area. "Common open space" means open space which is designed for use by all occupants of dwelling units located upon the lot upon which the open space is located.
(Prior code § 9336.4; Ord. 1129, 1997)
§ 17.60.060 Public improvements.
Whenever the city council finds it necessary, in order to adequately serve the development proposed, to require the subdivider to construct public improvements and/or dedicate land for a public use, approved by the city council.
(Prior code § 9336.5)
§ 17.60.070 Subdivision tract map or parcel map-Review and approval.
Any subdivision tract map or parcel map for a condominium project shall be reviewed, and approved, conditionally approved or disapproved, in accordance with the provisions of the Subdivision Map Act, but may be approved or conditionally approved only if it complies with the applicable requirements of this chapter.
(Prior code § 9336.6)