The owner or developer who desires to convert two (2) or more units within existing residential apartments, commercial or manufacturing buildings to a condominium project shall comply with the requirements of this chapter. Planning commission approval is required to assure the project meets all current applicable ordinances and regulations related to condominium projects. (Ord. 2012-15, 9-20-2012)

   A.   The owner or developer of a proposed condominium conversion project desiring approval shall file a development review application with the community development director. The following shall be submitted with the development review application:

      1.   Two (2) copies of the record of survey map accurately drawn to scale in conformance with the provisions of section 57-8-13, Utah Code Annotated (1953, as amended), which shall be prepared and stamped by an engineer or land surveyor registered in the state of Utah. The scale of the map shall be no smaller than one inch equals forty feet (1" = 40').

      2.   Three (3) copies of a site plan, one of which shall be reduced to eleven inches by seventeen inches (11" x 17"), prepared to the same scale as the record of survey map designating the location of buildings, the intended use of common areas, and the location and extent of storage, recreational facilities, parking, driveways, pedestrianways, curbs, walls, fences, a landscaping and irrigation plan, and unit floor plans.

      3.   One copy signed in the original of the proposed condominium declarations and bylaws. The declarations shall comply in all respects with the Utah condominium ownership act 1 as well as all applicable federal, state and local laws and ordinances and that when the condominium declaration and survey map have been recorded in the office of the Salt Lake County recorder the proposed project will be a validly existing and lawful condominium project in all respects.

      4.   A property report containing the information specified in section 13.85.030 of this chapter shall be submitted as part of the application, together with a plan for all proposed improvements and repairs prepared by a civil or structural engineer or a general engineering contractor licensed by the state of Utah.

      5.   Proof of notice to tenants.

      6.   A filing fee in an amount determined by city council resolution or ordinance establishing fees and charges.

   B.   An application will not be scheduled for planning commission review until the information required herein has been submitted. (Ord. 2012-15, 9-20-2012)

   A.   As an element of any application for a condominium which includes the conversion of existing structures, a property condition report shall be ordered by the city from an independent building inspector licensed by the state of Utah. The property condition report is intended to ensure that the standards of the declaration appropriately address existing and future conditions relating to maintenance, upkeep, and operation as referenced by section 57-8-13, Utah Code Annotated (1953, as amended).

   B.   The property report shall contain the following information:

      1.   Age of the building or buildings.

      2.   Condition of the structural elements, including the roof, foundation, mechanical system, electrical system, plumbing system, and boiler or furnace.

      3.   Size of the water service line from the meter to each individual unit.

      4.   Size of the sewer lateral and sewer line(s) from each unit.

      5.   Capacity of the electrical service for each unit (amps).

      6.   Condition of the paving material on private streets (if any).

      7.   Condition of the paving or surfacing material on driveways, parking areas, sidewalks, curbs, etc.

      8.   Condition of the paint and/or exterior surfaces of all buildings and structures.

      9.   All known conditions constituting deficiencies.

      10.   All known conditions which may require repair or replacement within the next succeeding five (5) year period.

      11.   A statement of disclosure containing all information pertinent to any failure of the building(s) to meet the requirements of the current building codes. (Ord. 2012-15, 9-20-2012)

   A.   The city shall order a property condition report of the proposed condominium conversion project prepared by an independent building inspector licensed by the state of Utah to determine compliance with the international building code as adopted and with the standards listed above. The report shall be paid for by the applicant as part of the application fee.

   B.   The chief building official shall review the submitted information, especially as it pertains to a chapter 34 audit, and report to the TRC specifying where the building(s) is/are deficient with respect to the standards of the international building code.

   C.   The report of the chief building official shall be submitted to the planning commission as an element of the "property condition report". (Ord. 2012-15, 9-20-2012)

   A.   Each condominium conversion project shall comply either with the current land use codes, or with a finding of nonconformance acceptable to the city as per section 13.88.040 of this title.

   B.   Each condominium conversion project shall meet the following for minimum utility requirements:

      1.   All condominium units within a development shall be separately metered for gas, electricity, and water. Meter(s) shall be installed in accordance with the requirements of this code and utility provider's standards.

      2.   Each unit shall be provided with readily accessible individual shutoff valves or switches for water, gas, and electrical services.

      3.   Each condominium unit shall be equipped with its own heating and cooling system.

   C.   Prior to final approval, the city shall cause final inspections of all buildings and structures and work therein to be made upon request of the developer to determine conformance with the current applicable building codes.

   D.   In the event the city, upon preliminary examination, finds violations of such building codes these violations must be corrected prior to final approval with all repairs or renovations proposed by the developer.

   E.   The property condition report shall be recorded with the subdivision plat as a method of disclosure to any potential owner within the project.

   F.   As a condition of final approval, the developer shall be required to sign an agreement with the city of Holladay that indemnifies and holds the city harmless in the authorization of the condominium conversion. (Ord. 2012-15, 9-20-2012)

   A.   In addition to the contents of the declaration required by section 57-8-13, Utah Code Annotated (1953, as amended), the following shall also be included:

      1.   Proof of provisions for periodic assessments to the owners adequate to fund the costs of maintenance, common utility bills, and special assessments for capital improvements.

      2.   The enforcement techniques to be used in securing compliance with the duties and provisions of the covenants, conditions and restrictions.

   B.   Prior to recording a final plat, the developer must fund the homeowners' association account for anticipated costs of maintenance, common utility bills, and special assessments for capital improvements for the first year based on the proposed budget as submitted pursuant to section 13.85.030 of this chapter.

   C.   The developer shall retain responsibility for maintenance of the common areas of the facilities until all of the units have been sold and the city has determined that the homeowners' association has been established by the receipt of a copy of the recorded documents. (Ord. 2012-15, 9-20-2012)

   D.   If the condominium project contains private streets, or roadways, provision shall be made for public utility easements over the entire private street, or roadway system. The city may also require public utility easements abutting public streets or over other portions of the project to accommodate fire hydrants, water meters, street, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The city may also require access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas of the project. (Ord. 2015-02, 2-5-2015)

   E.   Each owner and the association may have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area. (Ord. 2012-15, 9-20-2012)

   A.   Written notices shall be mailed by certified mail to all tenants in the proposed condominium conversion project not less than ten (10) days prior to the planning commission meeting on the proposed conversion. Such notice shall provide, at least, the following:

      1.   The date, time, place, and purpose of the meeting;

      2.   A statement that should the condominium conversion project be approved, tenants may be required to vacate premises.

   B.   Unless otherwise provided by contract or law, all tenants of the proposed condominium conversion project shall be given the right of first refusal to purchase the dwelling unit in which they reside. (Ord. 2012-15, 9-20-2012)

   A.   Concept Approval: If the community development director finds that the project as proposed is in compliance, or plans have been presented which will bring the structures into compliance with applicable codes and policies, or a waiver is requested pursuant to subsection 13.85.050A of this chapter, the community development director shall forward, with recommendations from the TRC and the chief building official, the request to the planning commission for concept approval as per section 13.08.040 of this title.

   B.   Recommendation: If the community development director finds circumstances which would constitute a substantially increased hazard to the health, safety, welfare, or convenience of the general public or of prospective buyers or guests in the condominium project, he or she may recommend denial of the project to the planning commission. (Ord. 2016-04, 4-14-2016)

   A.   The planning commission shall consider preliminary approval of the condominium project if the requirements of concept approval have been met by the applicant.

   B.   The planning commission shall grant preliminary approval of the project if:

      1.   The commission finds that the project is in compliance with, or the applicant has presented plans that will bring the structure(s) into compliance with applicable building codes;

      2.   The submitted plans conform to the approved site plan; and other appropriate ordinances and policies, or in the case of condominium conversion requests, a waiver pursuant to subsection 13.85.050A of this chapter; and

      3.   The project will not be detrimental to residents of the city, the neighborhood, or prospective condominium owners.

   C.   The planning commission may require modifications deemed appropriate to ensure an attractive and safe project.

   D.   If the planning commission finds circumstances which would constitute a material hazard to the health, safety, welfare, or convenience of the general public or of prospective buyers or guests in the condominium project, the planning commission may deny preliminary approval with an appropriate finding of fact.

   E.   The effect of preliminary approval by the planning commission shall be to entitle the owner or developer to proceed with obtaining building permits, giving notification to tenants, preparing documents for final plat approval, and otherwise proceeding with the project in all aspects which are in conformance with the conditions of preliminary approval and subject to final approval. The sale of condominium units, the recording of records of survey, and the recording of declarations, however, shall not be accomplished prior to granting a final approval in accordance with the provisions contained herein. (Ord. 2012-15, 9-20-2012)

   A.   The condominium development, with all documentation, shall be granted final approval by the city, upon recommendation by the technical review committee (TRC) and the chief building official (CBO) that:

      1.   All requirements of the planning commission preliminary approval have been completed;

      2.   The final plat and all required documentation have been submitted and approved; and

      3.   Any bonds, letters of credit or other agreements required to be filed have been accepted by the city.

   B.   Within one year of the city's final approval, a final plat shall be recorded with the Salt Lake County recorder's office or the approval shall expire.

   C.   Within thirty (30) days after the city has disapproved any project, the applicant may file with the community development director appropriate materials altered to meet the requirements of the preliminary approval. Upon said filing, the matter shall be reconsidered by the TRC without an additional fee. (Ord. 2012-15, 9-20-2012)