This Chapter is intended to allow flexibility and diversification in the use of land in the following zoning districts of Layton City: A, R-S, R-1-6, R-1-8, R-1-10, R-2, R-Ml, R-M2, R-H, CP-1, CP-2, CP-3, C-H, M-1, and M-2, C-TH, PB, B-RP, MU and MU-TOD. Condominium ownership of spaces may be allowed as main uses in each of these zoning districts. Uses of the condominium space shall be limited to those uses allowed in each zoning district. Residential development may also be required to follow those procedures set forth in Chapter 19.08 of the Layton Municipal Code. A condominium project shall be considered to be a subdivision, and a record of survey map or supplement thereto prepared. Nothing in this Title shall be interpreted to state or imply that a condominium project, unit, association or unit owners, or management committee is exempt from compliance with the zoning ordinance, building and sanitary codes, or similar development regulations which have been adopted by Layton City. No condominium or any record of survey, declaration, or other material as required for recordation under this Title or the Utah State Condominium Act shall be recorded in the office of the County Recorder until all attributes of the condominium project have been approved by Layton City.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

1. "Association of unit owners" means all of the unit owners acting as a group in accordance with the declaration and by-laws.
2. "Building" means a structure, containing units, and comprising a part of the property.
3. "Common areas and facilities" means and includes, unless otherwise provided in the declaration of lawful amendments thereto:
4. The land included within the condominium project, whether leasehold or in fee simple;
5. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building when used by more than one unit;
6. The basements, yards, gardens, parking areas, and storage spaces when used in common by more than one (1) unit;
7. The premises for lodging of janitors or persons in charge of the property;
8. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;
9. The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
10. Such community and commercial facilities as may be provided for in the declaration; and
11. All other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use.
12. "Common expenses" means and includes:
13. All sums lawfully assessed against the unit owners;
14. Expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
15. Expenses agreed upon as common expenses by the association of unit owners; and
16. Expenses declared common expenses by provisions of this Title, or by the declaration of the bylaws.
17. "Common profits" means and includes, unless otherwise provided in the declaration or lawful amendments thereto, the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses.
18. "Condominium" means the 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.
19. "Condominium project" means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed residential, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. Condominium project shall also mean the property when the context so requires.
20. "Condominium unit" means a unit together with the undivided interest in the common area and facilities appertaining to that unit. Any reference in this Title to a condominium unit includes both a physical unit together with its appurtenant undivided interest, unless the reference is specifically limited to a time period unit.
21. "Contractible condominium" means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this Title. If the withdrawal can occur only by the expiration or termination of one or more leases, then the condominium project shall not be deemed a contractible condominium within the meaning of this Title.
22. "Convertible land" means a building site; that is to say, a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this Title.
23. "Convertible space" means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including, but not limited to, limited common areas and facilities in accordance with this Title.
24. "Declarant" means all persons who execute the declaration or on whose behalf the declaration is executed. From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition. Any successors of the person referred to in this Subsection who come to stand in the same relation to the condominium project as their predecessors did, shall also come within this definition.
25. "Declaration" means the instrument by which the property is submitted to the provisions of this Title, as may from time to time be lawfully amended.
26. "Expandable condominium" means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this Title.
27. "Leasehold condominium" means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all such leasehold interests to expire naturally at the same time. A condominium project including leased land or an interest therein, upon which no units are situated or to be situated shall not be deemed a leasehold condominium within the meaning of this Title.
28. "Limited common areas and facilities" means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units.
29. "Majority or majority of the unit owners" means, unless otherwise provided in the declaration or lawful amendments thereof, the owners of more than 50% in the aggregate in interest of the undivided ownership of the common areas and facilities.
30. "Management committee" means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules and regulations covering the operation and maintenance of the property.
31. The "management committee" makeup shall be 50% owners within the project and 50% disinterested parties not directly associated with the project to guarantee an impartial review of all decisions.
32. A management consultant or certified public accountant should be hired by the management committee or be made a member of the committee itself to guide the financial affairs of the project.
33. "Par value" means a number of dollars or points assigned to each unit by the declaration, substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value, may, but need not, be considered substantially identical within the meaning of this Subsection. If par value is stated in terms of dollars, that statement shall not be deemed to reflect or control the sales price or fair market value of any unit, or any undivided interest in the common areas and facilities, voting rights in the unit owners' association, liability for common expenses, or right to common profits, assigned on the basis thereof.
34. "Person" means an individual, corporation, partnership association, trustee, or other legal entity.
35. "Property" means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights; and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.
36. "Record as survey map" means a plat or plats of survey of land and units.
37. "Record, recording, recorded, and recorder" shall have the meaning stated in Title 57-03 of the Utah Code.
38. "Size" means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. Certain spaces within the units including, without limitation, attic, basement, or garage space, may, but need not, be omitted from such calculation or be partially discounted by the use of a ration, so long as the same basis of calculation is employed for all units in the condominium project and so long as that basis is described in the declaration.
39. "Time period unit" means an annually recurring part or parts of a year specified in the declaration as a period for which a physical unit is separately owned.
40. "Unit" means 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, as the context may require. A convertible space shall be created as a unit in accordance with Subsection 57-8-13.4(3), Utah Code Annotated.
41. "Unit number" means the number, letter or combination thereof designating the unit in the declaration and in the record of survey map.
42. "Unit owner" means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration, or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

In reviewing a condominium project, the Land Use Authority as defined in Section 19.01.135 shall review such things as:

1. Site plans as required in Chapter 19.13 of the Layton Municipal Code;
2. Geographic layout of the condominium project;
3. Facilities for utility lines, road, and parking areas which will be constructed;
4. The percentage of the project which will be devoted to common or recreational use and whether or not those areas are usable and contiguous, or blocky parcels which are unacceptable; and
5. Contents of the declaration with respect to the standards which must be adhered to concerning maintenance, upkeep, and operation of any roads, utility facilities, recreational areas, and open spaces included in the project.
6. A review of a condominium project shall comply with the process and criteria outlined in 19.03 of the Layton City Municipal Code as well as the requirements listed herein.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

Ord. No. 24-03, Amended 1/18/2024

Ongoing ordinance history can be viewed by clicking the gavel in the top right corner.

For a condominium project to receive final approval, the following standards and procedures must be adhered to:

1. Any person desiring approval from the Land Use Authority for a condominium project shall file the final plat with Development Staff. Within 30 days of the first meeting at which the Land Use Authority gives consideration to the final plat, a decision shall be made to approve, disapprove, or approve with specific conditions.
2. The final plat shall be distributed to the appropriate utility companies and to all development review departments of Layton City.
3. Final plats shall:
4. Final plats shall be drawn to a scale large enough to clearly show all details, in no case smaller than one inch equals 100';
5. Have a north point, scale, and date;
6. Show the name of the condominium project;
7. Show the names and addresses of the developer, engineer, and surveyor;
8. Have contour lines at no more than a five foot interval;
9. Show the boundary lines of the condominium project;
10. Show existing sanitary sewers, storm drainage systems, water supply mains, culvert, and irrigation system within the project;
11. Show a preliminary utility layout for the condominium project;
12. Locations of streets, walks, easements, parks and open spaces, all commonly owned structures and property;
13. All requirements in Chapter 19.12 of the Layton Municipal Code shall be observed, and all parking facilities shall be clearly shown on the plat;
14. Show clearly the construction phases of the project; and
15. Have the preliminary declaration.
16. Certain items listed above may be waived at the discretion of the Land Use Authority when the condominium project involves the conversion of the existing structures into condominium ownership; however, all conversions must be inspected by the City prior to preliminary approval to insure compliance to the current building codes.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

Ord. No. 24-03, Amended 1/18/2024

Ongoing ordinance history can be viewed by clicking the gavel in the top right corner.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Repealed, 6/15/2017

The final plat when, and only when, it bears all official approvals and required signatures shall be filed for record in the office of the Davis County Recorder. 

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

The final plat shall comply in all respects with the requirements for a preliminary plat and in addition shall:

1. Be drawn with waterproof ink on standard grade linen or mylar with trim dimensions of 19" by 30";
2. Be drawn with the tip of the plat facing either north or west;
3. Be certified and signed by a registered land surveyor licensed to practice in the state of Utah;
4. Have reserved the proper spaces for dedication, certification, approval, or recording as the case may be, for owners, City Engineer, City Attorney, County Health, Land Use Authority, and County Recorder;
5. Show proper bearings and dimensions of all project boundary lines, properly tied to public survey monuments;
6. Show widths, lengths, boundaries, bearings, dimensions, and curve data of the centerlines of proposed street (public or private) and easements;
7. Show clearly on commercial projects, all parking stalls. For residential projects, which parking stalls will be covered, which will be guest or open stalls, and shall also show the layout of all RV parking areas;
8. The linear measurements and locations of the exterior boundaries of the building or buildings on the property other than within the boundaries of convertible lands;
9. Diagrammed floor plans of the buildings built or to be built on the property, other than within the boundaries of any convertible lands, in sufficient detail to identify each convertible space and physical unit contained within a building including an identifying number or symbol, the official datum elevations of finished and unfinished interior surfaces of the floors and ceilings and the linear measurements 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 such convertible space and unit;
10. The size in square feet, and where applicable, the address of each unit in the condominium project; and
11. All other applicable items pertaining to the type of the condominium project as listed in Section 67-3-13 of the Utah Code.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017