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Farmersville City Zoning Code

CHAPTER 17

116 - CONDOMINIUM DEVELOPMENT

Sections:


17.116.010 - Purpose.

This chapter provides for development of real property consisting of (i) an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a multi-unit residential building in the real property, or (ii) a stock cooperative, or (iii) a community apartment project and, accordingly, this chapter regulates individual ownership or lease or share of such multi-unit buildings which for ease of reference shall generally be referred to herein as "condominiums" so that they meet the following objectives:

A.

To provide for inhabitant ownership, lease or share of residential units while recognizing the need for a balanced housing mix including the maintenance of rental housing inventories in the city.

B.

To provide a reasonable balance of adequate rental and ownership housing on site and/or in the neighborhood.

C.

To provide adequate administrative measures for the protection of the property rights of prospective condominium purchasers.

D.

To provide mitigation measures to alleviate problems of rental tenants impacted by condominium conversion.

E.

To insure that new units being constructed and rental units being converted meet the reasonable development standards required by this and all other applicable city code provisions.

F.

To promote the residential stability and diversity of the community by encouraging neighborhood maintenance, preventing major displacements of people, and facilitating inhabitant ownership of residential units.

(Ord. 319 § 1(part), 1987)

17.116.020 - Conditional use permit required.

A.

No condominium conversion and no new condominium construction shall be permitted in any zoning district unless a conditional use permit has been approved by the city planning commission.

B.

The provisions herein shall apply to all applications for conditional use permits for condominium conversions and new condominium construction. If a provision herein directly conflicts with another title provision, the provision herein shall prevail.

(Ord. 319 § 1(part), 1987)

17.116.030 - Tentative and final map required.

A tentative and final map or a parcel map shall be provided when required by the California Subdivision Map Act, Sections 66426, et seq. In addition, a map of sufficient detail to review a condominium project as defined herein shall be provided when so requested by the planning commission or the zoning administrator or an authorized representative.

(Ord. 319 § 1(part), 1987)

17.116.040 - Condominium new construction.

A.

Conditional Use Permit Application. The application for a conditional use permit for new condominium construction shall be processed pursuant to the provisions of Chapter 17.96 as well as the provisions of this chapter.

B.

Development Standards. The following development standards shall apply to each application for a conditional use permit for new condominium construction:

1.

Off-Street Parking. The dimensions, locations and use of such parking shall be subject to the provisions of Chapter 17.80.

2.

Number of Units. At least four individual dwelling units shall be included within the proposed project.

3.

Utilities.

a.

Sewer. Each condominium unit shall have a separate sewer service hookup.

b.

Water. Each condominium unit shall have a separate water service hookup or shutoff.

c.

Gas. Each condominium unit shall have a separate gas service where gas is a necessary utility.

d.

Electricity. Each condominium unit shall have a separate electrical service, with separate meters and disconnects and ground fault interrupters where and as required by city code.

4.

Sound Attenuation. Each condominium unit shall comply with California's Noise Insulation Standards (California Administrative Code Section 1092).

5.

Fire Safety. Each condominium unit shall have one-hour fire separation on its floor and on each wall common to itself and an adjacent unit including attic space.

6.

Ownership Organization. All condominium projects shall provide an ownership association responsible for the care and maintenance of all common areas and common improvements and any other interest common to the condominium owners. Complete and true copies of all covenants, conditions and restrictions, articles of incorporation, and by-laws shall be subject to review and approval by the city prior to occupancy as a condominium unit. The city may be made a third party beneficiary to all or any portion of the covenants, conditions, and restrictions, as deemed appropriate.

7.

Building Code Requirements. Each unit of a condominium project, and all commonly owned portions of a condominium building shall comply with applicable building code standards. Nothing herein shall be construed to prevent or prohibit the applicant or the city from providing or requiring building standards greater than those set forth in the Building code where the greater standards are found to be necessary to carry out the purposes and objectives set forth herein.

8.

New condominium construction shall be subject to the development standards and other provisions of this title.

(Ord. 319 § 1(part), 1987)

17.116.050 - Condominium conversion.

Conversion of existing units to condominiums shall require an application for a conditional use permit. The application shall comply with the requirements of Chapter 17.96 in addition to requirements determined by the zoning administrator at the time of application.

(Ord. 319 § 1(part), 1987)