The purpose of this chapter is to allow a change in the type of ownership allowed within structures or property to that defined as a condominium project for properties located in commercial, manufacturing, office, multiple-family residential, mixed use and R-2-10 zones. Condominium ownership differs in numerous respects from conventional building ownership. It is in the interest of the public health, safety and welfare that condominium projects, pursuant to the Utah condominium ownership act, Utah Code Annotated section 57-8-1 et seq., 1953, as amended (the "act") should be approved by the city and appropriately regulated for the protection of the community, and prospective purchasers of condominium units.

The procedure and requirements of this chapter and the act shall apply to and govern the construction and/or conversion of condominiums, and approval of all bylaws, condominium plats and declarations for condominium projects. This chapter and the act are in addition and supplemental to other land use, health, building or other ordinances which may be applicable to a particular condominium project.

The procedures set forth herein are intended to recognize the unique characteristics of condominiums and condominium conversions and to provide a review process and a set of standards which are intended to reduce any negative impacts upon the community, neighborhood areas, or prospective owners which may result from the creation of a condominium or condominium conversion. (Ord. 15-08)

The definitions listed herein are intended to be used in reference to this chapter.

APPLICANT: All persons who execute the application or on whose behalf the application is executed. From the time of the recording of any amendment to the application, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition.

BUILDING: A structure containing units, and comprising a part of a property.

COMMON AREAS AND FACILITIES: Unless otherwise provided in the declaration or lawful amendments thereto, mean and include: common areas of land, structure and facilities included within the condominium project, whether leasehold or in fee simple.

COMMON EXPENSES: Include all sums lawfully assessed against the unit owners; expenses of administration, maintenance, repair or replacement of the common areas and facilities.

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

CONDOMINIUM PLAT: A plat or plats of survey of land and units prepared in accordance with the requirements of title 16, "Subdivisions", of this code.

CONDOMINIUM PROJECT: A plan, whereby two (2) or more units, whether contained in existing or proposed dwelling units, commercial or industrial buildings, townhomes, structures or otherwise, are separately owned or proposed to be offered for sale. Condominium project shall also mean the property when the context so requires.

CONDOMINIUM UNIT: A unit, together with the undivided interest in the common areas and facilities appertaining to that unit. Any reference in this title to a condominium unit includes both a physical unit, together with its appurtenant and undivided interest in the common areas and facilities.

CONVERSION: A proposed change in the type of ownership of a parcel or parcels of land and/or existing structures from single ownership, such as an apartment or multi-family dwelling or commercial building into a "condominium project", as herein defined with arrangements involving separate ownership of individual condominium units and joint collective ownership of common areas or facilities.

DECLARATION: A recorded declaration containing covenants, conditions and restrictions relating to the condominium project which shall be prepared in conformance with the provisions of the condominium ownership act 57-8-1 et seq., Utah Code Annotated, 1953, as amended.

DIVISION: Community and economic development division of Murray City.

LIMITED COMMON AREAS AND FACILITIES: Include those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of other units.

OPEN SPACE: Landscaped areas that are not occupied by buildings, structures, parking areas, streets, driveways or alleys and are devoted to recreation use.

UNIT NUMBER: The number, letter or combination thereof designating the unit in the declaration and on the condominium plat.

UNIT OWNER: 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 term. (Ord. 15-08)

Prior to new construction or conversion of any building to be used as a condominium, the applicant(s) shall file a subdivision application and a conditional use permit application or site plan review application when required, with the community and economic development division in conformance with the requirements of title 16 of this code, this chapter, and as required under the act for review and approval by the city. The application process for condominium approval requires preliminary and final approval and includes a preliminary and final subdivision approval process which is detailed in title 16 of this code.

All required plans, including the condominium plat, the bylaws, and the declaration shall be submitted with the application for subdivision review and condominium approval by the city and for recording at the Salt Lake County recorder's office. (Ord. 15-08)

To achieve the purposes and objectives of this title, all proposals for a condominium project shall be made pursuant to the provisions of this chapter, the act, this title, and title 16 of this code. The standards and criteria contained herein are intended to provide assurances that the geographical layout of the project is accomplished in a manner which is attractive and is not detrimental to the functioning of the project or surrounding areas; and that the contents of the declaration and bylaws adhere to the required standards concerning proper operation, construction, maintenance and upkeep of all utilities, facilities, recreation areas, roads and parking areas within the development.

   A.   The subdivision plat and condominium project plans shall be prepared by a licensed design professional, such as an architect or engineer, licensed to practice in the state of Utah.

   B.   Locations and arrangements of new buildings on the lot should be accomplished in a manner that will best utilize the lot area and create an attractive environment and are subject to the zoning regulations. The planning commission may require arrangements of structures, open spaces, landscaping, buffering, and access within the development as necessary to assure that adjacent properties will not be adversely affected by the development and that the development will be compatible with the land use in the surrounding area.

   C.   A residential condominium project shall have a minimum lot area of one acre. The condominium project is also subject to the land use regulations of the specific zone in which the condominium project is located. (The MCCD, MU, and TOD mixed use zones have specific regulations for development and are excluded from this minimum residential lot area requirement.)

   D.   The area proposed for a condominium project shall be governed by one development entity for which approval has been granted by the city in order to provide for full supervision and control of said development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans.

   E.   Parking for a condominium project shall conform to the parking provisions contained in this title for specific zones.

   F.   Each condominium unit within a development shall be separately metered for gas, electricity and water. Each unit shall be provided with readily accessible individual shutoff valves, safety devices or switches for water, gas and electrical services. In residential units washer and dryer hookups are required for each dwelling unit.

   G.   New condominium construction or remodeled conversion projects shall be high quality construction materials to meet the functional use of the property. The exterior surfaces shall consist of materials such as brick, stone, masonry, cast composites, glass or engineered materials that aesthetically convey high quality, durability and low maintenance as approved by the planning commission.

   H.   New construction of exterior fencing shall include quality, durable, low maintenance materials that are architecturally compatible with the project and shall be approved by the planning commission. Fences shall meet the fence code regulations in chapter 17.64 of this title.

   I.   Projects with new street(s) shall be developed in accordance with the Murray City transportation master plan and shall be approved by the city.

   J.   Where appropriate as recommended by the city engineer and required by the planning commission, an internal circulation system shall be provided for paved pedestrian paths that are physically separated from vehicular traffic to serve residential, nonresidential, and recreational facilities in the development.

   K.   Each new residential development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, landscaping, and sound reducing construction techniques shall be used for the enhancement of property and the privacy of its occupants.

   L.   Preservation, maintenance, and ownership of required common areas within the development shall be accomplished to guarantee that the common areas remain common areas in perpetuity with ownership and maintenance being the responsibility of the unit owners and the unit owners' association. The applicant shall provide a condominium declaration and/or bylaws detailing how the preservation, maintenance, and ownership of required common areas within the development shall be accomplished, which is satisfactory to city staff prior to final approval.

   M.   Each multi-family residential project shall meet the following standards for open space and recreational areas:

All residential condominiums require a minimum area of one acre and adequate usable area open space shall be provided which shall not be less than ten percent (10%) of the site area. The required open space shall be a usable common area not occupied by dwellings and accessory structures, parking areas, streets, alleys, wetlands and similar uses. Common area open space shall include recreation uses such as playground, sports court, gazebo, landscaped park, and/or similar facilities as approved by the planning commission. (The MCCD, MU and TOD are mixed use zones which have other development regulations and are exempt from this area requirement.)

   N.   The condominium project property shall be landscaped with a variety of appropriate plants including lawn, shrubs, ground cover, and a combination of evergreen and deciduous trees to comply with the landscaping requirements of chapter 17.68 of this title or, where applicable, the specific landscaping requirements in the zone where the project is located. A landscaping and sprinkler system plan shall be submitted with the subdivision and building permit applications for approval by city staff. The approved landscaping and irrigation system shall be installed before final occupancy is approved.

   O.   Upon approval of a condominium project, construction shall proceed only in accordance with the plans and specifications approved by the city and in conformity with any conditions approved by the planning commission. Amendments to approved plans and specifications for a condominium project shall go through the city review process for approval. (Ord. 15-08)

   A.   Report Of Property Condition Required: Applications for a condominium conversion of existing structures, shall include a report of property condition which is prepared by a licensed professional, such as an engineer or architect. The building official may approve an exception to this requirement for a report of property condition if there was a certificate of occupancy issued, with no outstanding compliance issues pending and the structures were constructed within three (3) years of the date of a complete application for condominium approval. The report is intended to ensure compliance with building code regulations and general property conditions and the standards of the declaration appropriately address the existing and future conditions related to safety, maintenance, upkeep and operation.

   B.   Report Of Property Condition Information Required: The report shall be submitted to the division with the applications for condominium and subdivision approval and shall contain the following information:

      1.   The age of the building(s) with copies of the approved building plans (if available) and a disclosure of whether or not the building conforms to the plans and applicable building codes.

      2.   Condition of structural elements, including roof, foundations, walls, mechanical systems, electrical system, plumbing system and heating system from licensed professionals. A plan showing which parts of the system are maintained in common and which are maintained by individual units.

      3.   Size of water lines from meter to main and from main to buildings. Size and location of sewer lateral.

      4.   Capacity of electrical service for each unit measured in amps.

      5.   Condition of paving materials on private streets, if any. Condition of paving or surfacing material on driveways, parking areas, sidewalks, curbs, etc. Detailed plan of parking and traffic circulation.

      6.   Condition of exterior surfaces of all buildings and structures.

      7.   All known conditions which constitute safety issues.

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

   C.   Building Division Review: The building division shall review the report of property condition and shall make an inspection of the proposed condominium project to determine compliance with the applicable building codes. The building official shall submit a report to the division with recommendations regarding compliance with applicable building codes.

   D.   Land Use Compliance Report: The applicant shall provide a written report and approved plans (if available) to describe and show whether the project complies with land use regulations and conditions of approval at the time of construction of the existing project such as: area coverage of structures, unit density, parking provided, site amenities, building height and other applicable information. If the existing project is noncompliant to the approved plans and requirements, the applicant shall provide plans and written description how compliance shall be accomplished for the project. A residential zone condominium project shall comply with the current ordinance requirements for one acre minimum area, comply with the parking ordinance regulations, and provide a common area open space amenity to be approved by the planning commission. (Ord. 15-08)