A.   This chapter establishes procedures for the review and approval of condominium projects and commercial planned unit developments (also referred to herein as CPUDs), to ensure they comply with applicable LaVerkin City ordinances and state laws.

   B.   Condominium projects and CPUDs shall be permitted uses in commercial zones and, except as otherwise provided herein, shall be subject to the requirements generally applicable to such zones.

   C.   Developments in commercial zones may apply for subdivision approval under and in accordance with the terms of this chapter.

   D.   All condominium projects shall conform to the requirements of the condominium ownership act of 1975, as defined and set forth in the provisions of title 57, chapter 8, Utah Code Annotated (1953, as amended).

   E.   Developments in residential zones, where multiple housing is allowed, may apply for condominium projects under a development agreement. (Ord. 2011-05, 4-20-2011)

For the purposes of this chapter certain terms and words are defined and are used in that defined context.

ALTERATION: As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side, by increasing in height, or the moving from one location or position to another.

ARCHITECTURALLY INCOMPATIBLE: Buildings or structures which are incongruous with adjacent and nearby development due to dissimilarities in style, materials, proportions, size, shape and/or other architectural or site design features.

BASEMENT: A story wherein exterior walls are fifty percent (50%) or more below grade. For purposes of establishing building height, a basement shall not count toward the maximum number of stories allowed. The exposed portion of the basement wall shall not exceed six feet (6').

BUILDABLE AREA: The portion of the lot remaining after required yards have been provided and after the limitations of any pertinent environmental regulations have been applied. Buildings may be placed in any part of the buildable area, but if there are limitations on percent of the lot which may be covered by buildings, some open space may be required within the buildable area.

BUILDING: A structure with a roof, intended for shelter or enclosure.

BUILDING CONNECTION: Two (2) or more buildings which are connected in a substantial manner or by common interior space including internal pedestrian circulation. Where two (2) buildings are attached in this manner, they shall be considered a single building and shall be subject to all yard requirements of a single building. Determination of building connection shall be through the site plan review process.

BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the building code.

BUILDING, PRINCIPAL: A building that is used primarily for the conduct of the principal use.

BUILDING, PUBLIC: A building operated by a public agency of the United States Of America or the state of Utah, or any of its subdivisions.

BUSINESS PARK: A business district planned and developed as an optimal environment for business occupants while maintaining compatibility with the surrounding community.

CERTIFICATE OF COMPLETION: A certificate issued at the time when all required inspections of a commercial building have been completed and approved by the building inspector and the building is ready for occupancy. Such certificate allows approval of final plat for commercial condominiums prior to use allowing for owner modifications and improvements to the interior of a building. Following any owner modifications or improvements, a certificate of occupancy will be issued upon inspection and approval by the building inspector.

CERTIFICATE OF OCCUPANCY: A certificate issued at the time when all required inspections on a building and/or interior modifications and improvements have been completed and approved by the building inspector and the building is ready for occupancy. In any case where a certificate of completion has been issued and owner modifications have been made, a final inspection by the building inspector must be completed and the modifications approved prior to receipt of the certificate of occupancy.

COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD): Commercial development wherein ownership of lots is accomplished by subdivided lots (which may be divided on 0 lot lines, including common walls), in which the balance of the common areas, space, and facilities are owned by a commonly managed owners' association.

COMMON AREAS, SPACE AND FACILITIES: The property and improvements of the condominium project or portions thereof, conforming to the definition and requirements set forth in section 57-8-7, Utah Code Annotated (1953, as amended); and common areas located outside of lot descriptions in the case of commercial planned unit developments (CPUDs).

CONCEPT DEVELOPMENT PLAN: A conceptual plan submitted for review and comment in order to obtain guidance from the city regarding how city requirements would apply to a proposed planned development.

CONDOMINIUM: Ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property.

CONDOMINIUM-COMMERCIAL: Ownership of a single unit in a multi-unit commercial project together with an undivided interest in common in the common areas and facilities of the property.

CONDOMINIUM PROJECT: A real estate condominium project; a plan or project whereby two (2) or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. Condominium project also means the property when the context so requires.

CONDOMINIUM-RESIDENTIAL: Ownership of a single unit in a multi-unit residential project together with an undivided interest in common in the common areas and facilities of the property.

CONDOMINIUM UNIT: A unit together with the undivided interest in the common areas and facilities appertaining to that unit. Any reference to a condominium unit includes both a physical unit together with its appurtenant undivided interest in the common areas and facilities, and a time period unit together with its appurtenant undivided interest, unless the reference is specifically limited to a time period unit.

CONVERSION: 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 said parcel, such as an apartment house or multi-family dwelling, or multi-tenant commercial building, into that defined as a "condominium project", commercial planned unit development, or other ownership arrangement involving separate ownership of individual units combined with joint collective ownership of common areas, facilities or elements.

ELEVATION AREA: The area or portion thereof (in square feet) of an architectural elevation of one side of a building.

ELEVATION AREA, FIRST FLOOR: The elevation area or portion thereof (in square feet) of the first or ground floor (story) of one side of a building.

FLOOR AREA, GROSS (FOR DETERMINING FLOOR AREA RATIO AND SIZE OF ESTABLISHMENT): The sum of the gross horizontal area of all floors of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area, penthouses, attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. The floor area of covered accessory buildings, including parking structures, shall be included in the calculation of floor area ratio. Space devoted to open air off street parking or loading shall not be included in floor area.

FLOOR AREA RATIO: The number obtained by dividing the gross floor area of a building or other structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, the floor area ratio is determined by dividing the total floor area of all the buildings or structures by the area of the site.

GUEST: Any person hiring or occupying a room for living or sleeping purposes.

LOT; COMMERCIAL LOT: It shall include a subdivided portion of a commercial planned unit development where the primary business activity is conducted, which is in separate fee title ownership.

OPEN SPACE: Any area of a lot which is completely free and unobstructed from any structure or parking areas including landscaping, walkways, uncovered patio areas, light poles and other ornamental features. Driveways that provide access to parking lots, not exceeding twenty percent (20%) of any required yard area that they provide access through, shall not be considered as an obstruction.

PATIO: A paved surface on an earthen/stone base that is not more than two feet (2') above established grade, designed for pedestrian use.

PEDESTRIAN CONNECTION: A right of way intended for pedestrian movement/activity, including, but not limited to, sidewalks, internal walkways, external and internal arcades, and plazas.

PLANNED DEVELOPMENT: A lot or contiguous lots of a size sufficient to create its own character where there are multiple principal buildings on a single lot, where not otherwise authorized by this title, or where not all of the principal buildings have frontage on a public street. A planned development is controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with adjacent parcels and the intent of the zoning district or districts in which it is located.

PLAZA: An open area which is available to the public for walking, seating and eating.

RECORD OF SURVEY MAP: The map as defined in section 57-8-3, Utah Code Annotated (1953, as amended).

SHOPPING CENTER: A concentration of related commercial establishments with one or more major anchor tenants, shared parking, and unified architectural and site design. A shopping center normally has single or coordinated ownership/operations/management control and may include pad site as well as architecturally connected units.

UNIT: Either a separate physical part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors or part or parts of floors in a building or a time period unit or facility as defined in section 57-8-3, Utah Code Annotated (1953, as amended). (Ord. 2007-16, 4-4-2007; amd. Ord. 2011-05, 4-20-2011)

The procedures and requirements of this chapter apply to the processing and approval of condominium and CPUD plat maps. Such provisions shall supplement zoning, site development, health, building or other ordinances which may be applicable to the condominium project or CPUDs, 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 11 of this code. All such subdivisions or conversions shall require notification to all property owners of record within two hundred feet (200') of the development boundaries. (Ord. 2011-05, 4-20-2011)

   A.   Purpose: The intent of conceptual review is to promote the safe and efficient use of land, to contribute to an orderly and harmonious appearance in the city and to further enhance the value of property. This process is intended to supplement the review and administrative procedures which are carried out under this title or other city ordinances and regulations. The conceptual review process is intended to help ensure that newly developed properties and redeveloped properties are compatible with adjacent development and that traffic, public safety, overcrowding, and environmental problems are minimized to the greatest extent possible. More specifically, the purpose of the conceptual review process is to provide for a review of:

      1.   A project's compatibility with its environment and with other land uses and buildings existing in the surrounding area;

      2.   The quantity, quality, utility, size and type of a project's required open space and proposed landscaping improvements;

      3.   The ability of a project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians;

      4.   The quantity, quality, utility and type of a project's required community facilities; and

      5.   The location and adequacy of a project's provision for drainage and utilities. (Ord. 2007-16, 4-4-2007)

   B.   Conceptual Development Review: Before filing a formal application for any condominium project or CPUD, whether new or conversion, the developer shall meet with the development staff regarding the general proposal. Such action does not require application fees, or filing of a site plan or landscape plan and is not to be construed as an application for formal approval. No representation made by the zoning administrator, the development staff or other city departments during such conference shall be binding upon the city with respect to an application subsequently submitted. (Ord. 2011-05, 4-20-2011)

   A.   Application: Following the conceptual review, a site plan application shall be filed with the zoning administrator. Each application for site plan review shall include six (6) copies of a site plan, drawn to a scale of twenty feet to the inch (20' = 1") or such other scale as the zoning administrator shall deem appropriate. Plans shall contain the following information:

      1.   The applicant's name, address, telephone number and interest in the property;

      2.   The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;

      3.   The street address, tax parcel number and legal description of the subject property;

      4.   The zoning classification, zoning district boundaries and present use of the subject property;

      5.   A vicinity map with north arrow, scale and date, indicating the zoning classifications and current uses of properties within one hundred feet (100') of the subject property;

      6.   The proposed title of the project and the names, addresses and telephone numbers of the architect, landscape architect, planner or engineer on the project, and a signature panel for zoning administrator approval;

      7.   The boundaries of the subject property, all existing property lines, setback lines, existing streets, buildings, watercourses, waterways or lakes, wetlands, and other existing physical features in or adjoining the project;

      8.   Topographic survey, showing the elevation of streets, alleys, buildings, structures, watercourses and their names. The topography shall be shown by adequate spot elevations. The finished grade for the entire site shall be shown as well as the first floor elevation of all buildings;

      9.   Significant topographical or physical features of the site, including existing trees;

      10.   The elevation of the curb (if existing or proposed) in front of each lot;

      11.   Elevations of the top of bank and toe of slope, slope ratio of fill, and limits of fill, including access;

      12.   The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city owned utilities, such information shall be provided to the applicant by the department of public utilities;

      13.   The location, dimensions and character of construction of proposed streets, alleys, loading areas including numbers of parking and loading spaces, outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters and all curb cuts. Additional area may also be required to indicate connections or proposed connections to major utilities;

      14.   The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type if applicable, major elevations and the total square footage of the floor area by proposed use;

      15.   The location, height, type and material of all fences and walls;

      16.   The location, character, size, height and orientation of proposed signs, to be erected in accordance with chapter 11 of this title, and elevations of buildings showing signs to be placed on exterior walls. Signs which are approved in accordance with this chapter shall be considered a part of the approved site plan;

      17.   The proposed nature and manner of grading of the site, in accordance with soils engineering studies to prevent soil erosion and excessive runoff;

      18.   The location of dumpsters or other outdoor trash receptacles;

      19.   The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;

      20.   A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations; (Ord. 2007-16, 4-4-2007)

      21.   A tabulation of the total number of dwelling units or commercial lots in the project and the overall project density in dwelling units or commercial lots per gross acre; (Ord. 2011-05, 4-20-2011)

      22.   The proposed and required off street parking and loading areas, including parking and access for the handicapped, as specified in the most current version of the international building code; and

      23.   Landscape plans subject to the standards contained in chapter 6, article J of this title.

   B.   Waiver Of Requirements: The zoning administrator may waive any of the above listed requirements upon making a determination that such requirements are unnecessary due to the scope and nature of the proposed development.

   C.   Zoning Administrator Review: The authority of the zoning administrator through the review process to require modification of a proposed site plan shall include the following elements in order to achieve the objectives set forth below:

      1.   Traffic And Parking:

         a.   Minimizing dangerous traffic movements.

         b.   Promoting the smooth and efficient flow of traffic in accordance with standards in the Institute Of Traffic Engineers' "Transportation And Traffic Engineering Handbook", and other local sources of authority as adopted by ordinance.

         c.   Optimizing the efficient use of parking facilities through provisions for adequate interior circulation, parking stalls and travel aisles.

      2.   Site Layout:

         a.   Promoting compatibility with adjacent and nearby properties.

         b.   Preserving and protecting valuable natural features and amenities to the greatest extent practical.

         c.   Promoting the efficient provision of public services.

      3.   Environmental Protection:

         a.   Preserving existing healthy and long lived trees wherever economically feasible.

         b.   Designing drainage facilities to promote the use and preservation of natural watercourse and patterns of drainage.

         c.   Minimizing alterations to existing topography.

         d.   Protecting important views and vistas as identified in adopted plans.

      4.   Landscaping:

         a.   Promoting the use of plant material compatible with the climate of the region and microclimate conditions on the site.

         b.   Ensuring that plant material can be maintained for long term health and continued growth.

         c.   Maximizing water and energy conservation through the appropriate use of plant materials.

         d.   Ensuring that the arrangement of required landscaping produces the optimal visual effect.

      5.   Signage:

         a.   Ensuring that the location, size and orientation of signage do not impair the visibility of or distract motorists.

         b.   Ensuring that the location, size and orientation of signage minimize obstructions and hazards to pedestrians. (Ord. 2007-16, 4-4-2007)

   A.   Construction Standards: In addition to standards provided in other sections of this title for specific types of approval, the following standards shall be applied to all applications for construction:

      1.   Lighting: All developments shall provide adequate lighting so as to assure safety and security. Lighting installations shall not have an adverse impact on traffic safety or on the surrounding area. Light sources shall be shielded, and shall not shine onto adjacent properties. All lighting shall be in accordance with city specifications and the night sky regulations.

      2.   Stormwater Drainage: Provisions for storm surface drainage shall be in accordance with the design standards of the public works department indicating location, size, types and grades of sewers, drainage structures, ditches, and connection to existing drainage system. Disposition of storm or natural waters both on and off the site shall be provided in such a manner as not to have a detrimental effect on the property of others or the public right of way.

      3.   Utilities: Provision of hookups to public utilities shall be the responsibility of the applicant and connections shall be installed in accordance with the standards of the public utilities.

      4.   Public Safety: The Washington County solid waste department and Washington County health department shall be invited to review all site plans for treatment of bulk trash disposal and health requirements pertaining to the project. The police department and the fire department shall review all site plans to determine adequacy of access and other aspects of public safety.

   B.   Time Limit: Once formal application has been made and approved plats, site plans, landscape plans and other applicable construction plans have been filed with the city, use of the land shall commence within twelve (12) months from the date of approval, or the approval shall be considered void. Upon request, revalidation of the site plan may be granted for an additional twelve (12) months if all factors of the original site plan review are the same. The written notice requesting revalidation shall be received by the zoning administrator prior to expiration of the original twelve (12) month period.

   C.   Stop Work Order: A stop work order may be put on any project if improvements required are not consistent with the approved site plan, landscape plan or other applicable construction plans.

   D.   Maintenance Guarantee: When any improvement is to be accepted for dedication, maintenance or operation by the city, the applicant shall be required to provide financial security acceptable to the city attorney in the amount of twenty five percent (25%) of the total construction costs of the project to cover the costs of any defects which may occur in such improvements within one year after the date of acceptance by the city. Such financial security shall be held and released as outlined in section 11-3-5 of this code. (Ord. 2007-16, 4-4-2007)

   A.   New Construction Procedure Checklist:

      1.   Zoning/Building Review: Following conceptual review, applicant shall return a complete application to the city planning department. The zoning administrator and the building official shall review the proposed application and preliminary plat to determine compliance with city zoning ordinances; the Utah condominium ownership act, where applicable; and applicable building related codes.

      2.   Site Review: The zoning administrator shall review the proposed site plans and shall have the authority to require additional improvements to be made to the existing site in a written report, describing the recommended improvements to the building, the site and the surrounding public way. The report will summarize the review, detailing any noted deficiencies. 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 parking stalls, noting any deviation from current standards. Based upon this information, the zoning administrator may require construction of additional parking stalls on the site, or may require reasonable alternative parking solutions. The total number of parking stalls available to the owners of the project shall be disclosed on the condominium or CPUD plat.

      3.   Application Acceptance: Once city staff has determined that the application is complete and that the material is adequate and correctly details the condominium or CPUD request, the developer shall provide twelve (12) more copies of the preliminary plat for distribution to utilities and concerned entities. The application shall then be transmitted to pertinent departments for review and comment and staff shall schedule a construction review meeting of the preliminary plat with all utilities and concerned entities. The meeting shall be held no later than two (2) weeks after preliminary plat application has been approved and maps have been distributed. If the application is found to be incomplete, the staff will inform the applicant of the necessary additional information.

      4.   Construction/Utility Review: Construction review of preliminary plat meeting with utility companies and interested entities shall be held to notify and to ensure that the development can be serviced by utilities and concerned entities.

      5.   Planning Commission/Public Hearing: Following the construction review, a public hearing will be held during a regularly scheduled planning commission meeting. No condominium project or CPUD shall be approved without a public hearing. Notice shall be mailed to all adjacent property owners and affected entities by city staff, as specified in section 10-16-3 of this chapter, at least three (3) days in advance. The notice shall provide the date, time and place of the public hearing. The planning commission may recommend preliminary approval, with or without conditions, or may deny the proposal at the public hearing.

      6.   City Council Review: City council review for approval of the preliminary plat shall be held at the next regularly scheduled meeting so long as all conditions as stipulated by planning commission are met. Council may approve, approve with conditions or deny the proposal.

      7.   Construction Plans Sign Off: Following approval of the preliminary plat, construction drawings shall be distributed to the utility companies and concerned entities for signature. Signature lines shall include the gas company, the power company, the phone company, the water authority, the sewer authority, the city engineer, the building official, the fire department, and the zoning administrator. Once all signatures have been received construction may begin.

      8.   Building Permits: No building permit for a proposed condominium project or CPUD shall be issued without preliminary approval from the city council. The building official, or designee, shall receive the approved construction plans and issue applicable permits for construction. The issuance of building permits shall serve as evidence of approval.

      9.   Construction Approval: All infrastructure construction shall be completed and approved by the LaVerkin City engineer (as required in title 11 of this code) and all certificates of completion shall be issued from the building inspector prior to final acceptance of the condominium project or CPUD, at which time the developer may proceed for final plat approval.

      10.   Final Plat Application: When construction is complete and has been accepted by the engineer, and the building official has granted final certificate of completion, the applicant shall apply for final plat approval before planning commission upon application provided by the city. Application shall include all fees and recording documents. If at any time there is an "alteration" in the building as defined in this chapter, a building permit is required and a certificate of occupancy obtained from the building official.

      11.   Engineer Approval: Upon receipt of the final mylar plat, the city engineer shall examine the plat to determine whether it conforms to the preliminary plat and all conditions of approval. If the plat is found to conform, the engineer shall sign it.

      12.   Building Official Approval: If a certificate of completion has been issued, the building official shall sign the plat.

      13.   City Attorney Approval: The city attorney shall examine the plat and advise the planning commission 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.

      14.   Planning Commission Approval: Planning commission shall review the final plat at a regularly scheduled meeting. If the condominium project has been approved by the engineer and has received a certificate of completion from the building official, the commission chair shall sign the plat.

      15.   City Council Approval: The city council shall examine the plat and the recordable documents to determine conformity with the requirements of city ordinances. If the plat and the other recordable documents conform to city ordinances, the mayor shall sign the plat. The city attorney shall then approve and sign the plat at which time it may be recorded with the Washington County recorder.

      16.   Recording: No final plat shall have any force or effect until it has received final approval by the city attorney and has been recorded with the Washington County recorder.

      17.   Condominium Sales/Rentals: No condominium units or CPUD lots may be sold or rented until the plat has been recorded with the Washington County recorder.

      18.   Dedication Of Public Streets: Notwithstanding any prohibition of or relating to private streets in this code, including title 11 of this code, CPUDs shall not be required to dedicate public streets in areas that are intended for access to the CPUD project and associated parking areas, that will be maintained by the owners of the CPUD (or CPUD owners' association) as common or limited common area(s); and such common or limited common area(s) shall be allowed and available for access and parking for the CPUD project.

   B.   Complete Application Required: The owner or developer of a new condominium project or CPUD desiring approval shall file both a preliminary plat application and a final plat application with the LaVerkin City planning department on forms prescribed by the city. Complete application shall include all required application fees, plats, articles of incorporation and bylaws of the owners' associations, declarations, and statements as outlined hereafter:

      1.   Fees shall be determined by resolution and shall include an application fee plus a per unit fee.

      2.   Two (2) copies of the proposed preliminary plat, for review by the city planning and building department. The plat shall be accurately drawn to scale, as required by section 57-8-13, Utah Code Annotated (1953, as amended), which shall be made by a registered Utah engineer. Such plat 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.   In the case of condominiums, 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 plat;

         f.   The limited common and common areas and their intended use/uses;

         g.   Other preliminary plat requirements as set forth in title 11 of this code, as applicable; to include the location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city owned utilities, such information shall be provided to the applicant by the department of public works;

         h.   The location, dimensions and character of construction of proposed streets, alleys, loading areas including numbers of parking and loading spaces, outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters and all curb cuts. Where necessary to meet the purposes and intent of this chapter, such information shall be provided for the site. Additional area may also be required to indicate connections or proposed connections to major utilities;

         i.   The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type if applicable, major elevations and the total square footage of the floor area by proposed use;

         j.   The location, height, type and material of all fences and walls;

         k.   The location of dumpsters or other outdoor trash receptacles;

         l.   The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;

         m.   A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations;

         n.   A tabulation of the total number of dwelling units or CPUD lots in the project, and the overall project density in dwelling units or CPUD lots per gross acre;

         o.   The proposed and required off street parking and loading areas, including parking and access for the handicapped, as specified in the most current version of the international building code; and

         p.   Landscape plans subject to the standards contained in chapter 6, article J of this title.

      3.   Two (2) copies of the proposed condominium or CPUD bylaws and declarations, and covenants, conditions and restrictions, as outlined in section 10-16-9 of this chapter. (Ord. 2011-05, 4-20-2011)

   A.   Conversion Checklist:

      1.   Zoning/Building Review: Following conceptual approval, applicant shall return complete application as outlined in this chapter. The zoning administrator and the building official shall review the proposed plat to determine compliance to zoning ordinances; the Utah condominium ownership act of 1975, where applicable; and applicable building related codes. If the application and related documents are complete and accurate, the application shall then be transmitted to pertinent departments for review and comment. If the application is found to be incomplete, the staff will inform the applicant of the necessary additional information.

      2.   Building Inspection: The building official shall require inspection of the property and shall identify any improvements, repairs or replacements which must be made to bring the structure into compliance with applicable building codes. Any items identified, either through the inspection or in the property report, as needing repair or replacement within five (5) years, shall be included on the list of required improvements. 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. The building official shall identify any building conditions by disclosure on the plat map.

      3.   Site Review:

         a.   The zoning administrator shall review the proposed building and site plans and shall have the authority to require additional improvements to be made to the existing site in a written report, describing the recommended improvements to the building, the site and the surrounding public way. The report will summarize the review, detailing any noted deficiencies.

         b.   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 zoning administrator may require construction of additional parking stalls on the site, or may require reasonable alternative parking solutions. The total number of parking stalls available to the owners of the project shall be disclosed on the condominium or CPUD plat.

         c.   In the case of condominiums, the zoning administrator shall consider the public benefits of condominium ownership to the community and balance that ownership against other types of housing in the community.

      4.   Application Approval: Once city staff has done the inspection of the existing building and site plans and has further determined that the application is complete and that the material is adequate and correctly details the condominium or CPUD conversion request, the developer shall provide twelve (12) more copies of the conversion plat for distribution to utilities and concerned entities. The application shall then be transmitted to pertinent departments for review and comment and staff shall schedule a utility review meeting of the plat with all utilities and concerned entities. The meeting shall be held not later than two (2) weeks after conversion application has been approved and plans have been distributed. If the application is found to be incomplete, the staff will inform the applicant of the necessary additional information.

      5.   Construction/Utility Meeting: The conversion review meeting with utility companies and interested entities shall be held to notify and to ensure that the development can be serviced by utilities and interested entities as outlined in the plan.

      6.   Planning Commission Review/Public Hearing: Following the conversion review, a public hearing will be held during a regularly scheduled planning commission meeting. No condominium conversion project or CPUD shall be approved without a public hearing. Notice shall be mailed to all adjacent property owners by city staff, as specified in section 10-16-3 of this chapter, at least three (3) days in advance. The notice shall provide the date, time and place of the public hearing. The zoning official, building official or designee may recommend preliminary approval, with or without conditions, or may recommend denial at the public hearing. The planning commission may recommend preliminary approval, with or without conditions, or may deny the proposal at the public hearing.

      7.   City Council Review: Review for approval of the conversion shall be given by the city council at the next regularly scheduled meeting, so long as all conditions as stipulated by planning commission are met. The city council may approve, approve with conditions, or deny the proposal.

      8.   Building Permits: No building permit for a proposed conversion project shall be issued without approval from the city council. 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 approval.

      9.   Certification Of Occupancy: All construction shall be completed and approved by the LaVerkin City building official and certificates of completion shall be issued prior to final acceptance and final plat approval of the condominium project or CPUD.

      10.   Dedication Of Public Streets: Notwithstanding any prohibition of or relating to private streets in this code, including title 11 of this code, CPUDs shall not be required to dedicate public streets in areas that are intended for access to the CPUD project and associated parking areas, that will be maintained by the owners of the CPUD (or CPUD owners' association) as common or limited common area(s); and such common or limited common area(s) shall be allowed and available for access and parking for the CPUD project.

   B.   Complete Application Required: The owner or developer shall file both a preliminary plat application and a final plat application with the LaVerkin City planning department on forms prescribed by the city. A property report and building conversion request in accordance to subsection B2 of this section shall be submitted as part of the application, together with a plan for proposed improvements, renovations or repairs to existing structures/facilities. The building official shall review the report and plans for renovation and improvement to determine compliance with applicable codes or ordinances. The building official may require revision and resubmission of the reports if a determination is made that required information is missing. The property report and building conversion request shall be submitted with all required application fees, plats, articles of incorporation and bylaws of the owners' association, declarations, and statements as outlined hereafter:

      1.   Fees: Fees shall be determined by resolution and shall include a flat application fee plus a per unit fee.

      2.   Building Inspection And Site Plan Review: The authority of the building official or the zoning administrator through the site plan review process to require modification of a proposed site plan shall be limited to the following elements in order to achieve the objectives set forth below:

         a.   General Provisions: Because conversion changes the original anticipated ownership plan from a single ownership into a hybrid mixture of separate ownership of dwelling units or commercial lots, combined with collective ownership of common areas through an association, etc., each structure being converted into a condominium project, CPUD, or other type of ownership arrangement involving separate ownership of individual units combined with joint or collective ownership of common areas shall constitute a change in classification of occupancy and shall comply with basic requirements of this code and the specific requirements listed below. All work on such structures in the form of additions, alterations, or repairs shall conform to applicable standards as required by the most current version of the international building code. Where said provisions require conformity to requirements governing new residential buildings, the applicable requirements of group R, division 1 or 3, new construction shall apply.

         b.   Property Report: Each conversion project to obtain approval shall submit two (2) copies of a property report prepared by a licensed engineer or architect which discloses and describes:

            (1)   The age of the building or buildings;

            (2)   The general condition, useful life, and capacity of the building's structural elements including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural elements;

            (3)   All known conditions constituting deficiencies which require repair to meet existing building codes; and

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

Said report shall certify the structure currently conforms to applicable codes or the owner shall present plans to bring the structures into conformity with applicable building codes prior to issuance of certificates of occupancy.

      3.   Proposed Conversion Plan: Two (2) copies of the proposed conversion plan, for review by the city planning and building department. The conversion plan shall be accurately drawn to scale, and, for condominiums, in accordance with the requirements of section 57-8-13, Utah Code Annotated (1953, as amended), by a registered Utah land surveyor. Such conversion plat 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.   In the case of condominiums, 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 plat map;

         f.   The limited common and common areas and their intended use/uses;

         g.   The location and size of sanitary and storm sewers, water, gas, telephone, electric and other utility lines, culverts and other underground structures in or affecting the project, including existing and proposed facilities and easements for these facilities. In the case of city owned utilities, such information shall be provided to the applicant by the department of public works;

         h.   The location, dimensions and character of construction of proposed streets, alleys, loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities, sidewalks, curbs and gutters and all curb cuts. Where necessary to meet the purposes and intent of this chapter, such information shall be provided for the site. Additional area may also be required to be shown to indicate connections or proposed connections to major utilities;

         i.   The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use;

         j.   The location, height, type and material of all fences and walls;

         k.   The location of dumpsters or other outdoor trash receptacles;

         l.   The location and dimensions of proposed recreation areas, open spaces and other required amenities and improvements;

         m.   A tabulation of the total number of acres in the project and the percentage and acreage thereof proposed to be allocated to off street parking, open space, parks and other reservations;

         n.   A tabulation of the total number of dwelling units or CPUD lots in the project, and the overall project density in dwelling units or CPUD lots per gross acre;

         o.   The proposed and required off street parking and loading areas, including parking and access for the handicapped, as specified in the most current version of the international building code; and

         p.   Landscape plans subject to the standards contained in chapter 6, article J of this title.

      4.   Proposed Bylaws: Two (2) copies of the proposed condominium or CPUD bylaws and declarations, and covenants, conditions and restrictions, as outlined in section 10-16-9 of this chapter.

      5.   Proof Of Notice: Where conversion of an existing residential building is proposed, proof of notice to the owners/occupants by the developer, shall be required before approval for construction is given. 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 owners/occupants to assist in unit purchase. The notice shall also include a date owners/occupants must vacate or purchase. Said date shall be no earlier than ninety (90) days after service of the notice. Any relocation information for the owners/occupants specifying available housing relocation resource agencies, and a plan of any services to be provided by the developer, shall be included in the notice. Notification of tenants shall not be required where permitted occupancy is less than thirty (30) days.

   C.   Final Plat Approval:

      1.   Final Plat Application: When construction is complete and has been accepted by the engineer, and the building official has granted final certificate of completion or occupancy as applicable, the applicant shall apply for final plat approval before planning commission upon application provided by the city, including all fees and recording documents.

      2.   Engineer Approval: Upon receipt of the final mylar plat, the city engineer shall examine the plat to determine whether it conforms to the preliminary plat and all conditions of approval. If the plat is found to conform, the engineer shall sign the plat.

      3.   Building Official Approval: If a certificate of completion or occupancy as applicable has been issued, the building official shall sign the plat.

      4.   City Attorney Approval: The city attorney shall examine the plat and advise the planning commission 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.

      5.   Planning Commission Approval: Planning commission shall review the final plat at a regularly scheduled meeting. If the condominium project has been approved by the engineer and has received a certificate of completion or occupancy from the building official, the commission chair shall sign the plat.

      6.   City Council Approval: The city council shall examine the plat and the recordable documents to determine conformity with the requirements of the city ordinances. If the plat and the other recordable documents conform to city ordinances, the mayor shall sign the plat. The city attorney shall then approve and sign the plat, at which time it may be recorded with the Washington County recorder.

      7.   Recording: No final plat shall have any force or effect until it has received final approval by the city attorney and has been recorded with the Washington County recorder.

      8.   Rental/Sales: No condominium units or CPUD lots may be sold or rented, until the plat has been recorded with the Washington County recorder. (Ord. 2011-05, 4-20-2011)

CC&Rs shall include an itemization of those facilities which will be commonly owned and maintained by the owners, and the plan for providing long term funding and maintenance. All bylaws, declarations, covenants, conditions, restrictions, design elements and any common requirements for ownership shall be included. (Ord. 2007-16, 4-4-2007)

Where it is expected that residential condominium units will be rented to tenants other than the owner of record, the following declarations may be addressed in the covenants, conditions and restrictions (CC&Rs): (Ord. 2011-05, 4-20-2011)

   A.   Limitations: A statement that the homeowners' association may regulate, limit, or prohibit rentals of condominium units;

   B.   Homeowners' Association Approval: A statement that the homeowners' association may require the rental of condominium units to be conducted through the homeowners' association or a designated management company, and may require that all lease agreements be reviewed and approved by the homeowners' association or the management company, that any tenants be screened and approved by the homeowners' association or the management company prior to renting the condominium, and that the approval of the homeowners' association or the management company shall not be unreasonably withheld;

   C.   Agreements: 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

      3.   The owner and the tenant shall acknowledge that the homeowners' association is an intended third party beneficiary of the lease agreement, that the homeowners' 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 homeowners' association shall be entitled to exercise all of the owner's rights and remedies under the lease agreement to do so;

   D.   Tenant Identification: A statement requiring that prior to a tenant's occupancy of a condominium unit, the condominium owner must provide to the homeowners' association the name, address and telephone number of the tenant and a copy of the written lease agreement;

   E.   Enforcement: A statement that the homeowners' 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. (Ord. 2007-16, 4-4-2007)