Condominiums And Condominium Conversions
This chapter shall be known as the NEW MEADOWS CONDOMINIUM ORDINANCE. (Ord. 313-08, 6-9-2008)
Whenever any words or phrases used in this chapter are not defined herein, but are defined in related sections of the Idaho Code, this title or the City's subdivision ordinance, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.
Unless a contrary intention clearly appears, words used in the present tense include the future and the singular the plural. The term "shall" is always mandatory, and the term "may" is permissive. The following terms, as used in this chapter, shall have the following respective meanings:
BUILDING: A building containing units and comprising a part of a property.
COMMON AREAS AND FACILITIES: Unless otherwise provided in the declaration or lawful amendments hereto, mean and include:
COMMON EXPENSES:
CONDOMINIUM: The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the facilities and common areas of the property.
CONDOMINIUM PROJECT: A real estate condominium project; a plan or project whereby two (2) or more units in a single building, whether contained in existing or proposed apartments, commercial or industrial buildings, or structure or otherwise, are separately offered 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 common areas and facilities appertaining to that unit. Any reference in this chapter to a condominium unit includes both a physical unit, together with its appurtenant and undivided interest in 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 house or multi-family dwelling, into a "condominium project", as defined in this section, with arrangements involving separate ownership of individual condominium units and joint collective ownership of common areas or facilities.
DECLARANT:
LIMITED COMMON AREAS AND FACILITIES: 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.
OPEN SPACE: Landscaped areas that are not occupied by buildings, structures, parking areas, streets or alleys and are devoted to recreational use or preservation of natural features.
PERSON: Any person, firm, corporation, partnership or association.
PLAT: A plat or plats of survey of land and units prepared in accordance with the requirements of the New Meadows subdivision ordinance.
PROPERTY: The land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon and all articles of personal property intended for use in connection therewith.
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.
UNIT NUMBER: The number, letter or combination thereof designating the unit in the declaration and on the record of project map.
UNIT OWNER: The person or persons owning a unit in fee simple and an undivided interest in fee simple of the common areas and facilities in the percentage specified and established in the declaration. (Ord. 313-08, 6-9-2008)
Prior to the construction or conversion of any building to be used as a condominium, the plat map, the bylaws and the declaration therefor shall be submitted to and be approved by the City in conformance with the procedures, requirements and standards contained herein. (Ord. 313-08, 6-9-2008)
As part of the application for approval of a condominium project, when said project involves the conversion of an existing structure where the structure has been occupied by tenants prior to application for conversion, the owner/developer shall provide notice of intended conversion to said tenants by certified mail. This notice requirement shall not apply to structures that were vacant upon acquisition and remained so during the year prior to filing of the developer's application for conversion, nor shall it preclude the approval of a project prior to the expiration date where every tenant has executed a waiver relinquishing his or her right of notice under this section. The notice of conversion shall include the following:
Prior to or in conjunction with submission of documentation for certification and recording, the owner or developer shall submit to the Administrator a copy of said notice, together with a list identifying names and apartments or unit numbers for all tenants within the condominium conversion project. The notice, copy and list shall also be accompanied by an affidavit certifying that all tenants within the condominium project have been personally delivered a copy of the notice or mailed said notice by registered, certified mail, and that the same were in fact delivered. The plat map shall not be recorded until said copy of the notice, list and affidavit have been received by the Administrator and filed with the City Clerk-Treasurer. (Ord. 313-08, 6-9-2008)
To achieve the purposes and objectives of this chapter, all proposals for a new condominium development shall be made pursuant to the provisions of this chapter. Where the provisions of this chapter cannot reasonably be complied with in the case of condominium conversions due to the design and location of existing structures and/or roads, the Planning and Zoning Commission may waive some or all of these provisions. 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 assure proper operation, construction, maintenance and upkeep of all utilities, facilities, recreation areas, roads and parking areas within the development. In addition to the requirements specified in this chapter, condominiums shall comply with all applicable requirements of this title and the subdivision ordinance. (Ord. 313-08, 6-9-2008)
The owner or developer of a proposed condominium project desiring approval shall file an application with the Planning Administrator on a form prescribed by the City. Said application shall be accompanied by:
The Planning Administrator shall check the preliminary application for general compliance with these regulations, design standards and other applicable ordinances. If the application is not complete or not in general compliance, the Administrator shall notify the declarant and specify the respects in which it is deficient. If the submission is complete and in general compliance, the declarant shall transmit the requested number of copies of the development plans, together with the accompanying data, to such public agencies and utilities as may be concerned. Each of the public agencies and utilities may forward to the Administrator a written report of its findings and recommendations. These agencies shall include, but not necessarily be limited to, Southwest District Health Department, Idaho Power Company, Meadows Valley Rural Fire Protection District, Frontier Telephone Company, Cable One TV, New Meadows Public Works and the Meadows Valley Public School District. (Ord. 313-08, 6-9-2008)
The Administrator shall notify the declarant in writing of the actions taken by the City Council. One copy of the plan and accompanying conditions, if applicable, and the minutes of the City Council meeting shall be retained in the permanent files of the City. Notification of affirmative action by the City Council shall be authorization for the declarant to proceed with the preparation of specifications for the improvements required by City ordinances and with the preparation of final plans. (Ord. 313-08, 6-9-2008)
Approval of the preliminary application shall in no way relieve the declarant of the responsibility to comply with all required conditions and ordinances and to provide the improvements and easements necessary to meet all City standards. (Ord. 313-08, 6-9-2008)
The Administrator shall check the final application for completeness and general compliance with this chapter and for incorporation of any changes required during the preliminary approval procedure. If the submission is not complete, not in general compliance or does not incorporate required changes, the Administrator shall notify the declarant and specify the respects in which it is deficient. If the submission is complete and incorporates required changes, the Administrator shall refer the application to the Public Works Department and other applicable agencies for their approval or direct the applicant to secure such approvals. (Ord. 313-08, 6-9-2008)
Bonding shall be required as specified in the City subdivision ordinance when any public improvements are required in conjunction with a new condominium project or with a condominium conversion. (Ord. 313-08, 6-9-2008)
After City Council approval, completion of the development agreement and bonding agreement, completion of the required public improvements, City Council acceptance of the public improvements and the proper signing of the final plat, the applicant shall present the final plat to the Adams County Clerk for recordation. The applicant shall provide the City two (2) copies of the recorded final plat. (Ord. 313-08, 6-9-2008)
If the requirements set forth in section 10-14A-3-5 of this chapter are not met by the applicant within six (6) months from the date of City Council approval, such approval shall be null and void. (Ord. 313-08, 6-9-2008)
Condominiums And Condominium Conversions
This chapter shall be known as the NEW MEADOWS CONDOMINIUM ORDINANCE. (Ord. 313-08, 6-9-2008)
Whenever any words or phrases used in this chapter are not defined herein, but are defined in related sections of the Idaho Code, this title or the City's subdivision ordinance, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.
Unless a contrary intention clearly appears, words used in the present tense include the future and the singular the plural. The term "shall" is always mandatory, and the term "may" is permissive. The following terms, as used in this chapter, shall have the following respective meanings:
BUILDING: A building containing units and comprising a part of a property.
COMMON AREAS AND FACILITIES: Unless otherwise provided in the declaration or lawful amendments hereto, mean and include:
COMMON EXPENSES:
CONDOMINIUM: The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the facilities and common areas of the property.
CONDOMINIUM PROJECT: A real estate condominium project; a plan or project whereby two (2) or more units in a single building, whether contained in existing or proposed apartments, commercial or industrial buildings, or structure or otherwise, are separately offered 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 common areas and facilities appertaining to that unit. Any reference in this chapter to a condominium unit includes both a physical unit, together with its appurtenant and undivided interest in 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 house or multi-family dwelling, into a "condominium project", as defined in this section, with arrangements involving separate ownership of individual condominium units and joint collective ownership of common areas or facilities.
DECLARANT:
LIMITED COMMON AREAS AND FACILITIES: 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.
OPEN SPACE: Landscaped areas that are not occupied by buildings, structures, parking areas, streets or alleys and are devoted to recreational use or preservation of natural features.
PERSON: Any person, firm, corporation, partnership or association.
PLAT: A plat or plats of survey of land and units prepared in accordance with the requirements of the New Meadows subdivision ordinance.
PROPERTY: The land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon and all articles of personal property intended for use in connection therewith.
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.
UNIT NUMBER: The number, letter or combination thereof designating the unit in the declaration and on the record of project map.
UNIT OWNER: The person or persons owning a unit in fee simple and an undivided interest in fee simple of the common areas and facilities in the percentage specified and established in the declaration. (Ord. 313-08, 6-9-2008)
Prior to the construction or conversion of any building to be used as a condominium, the plat map, the bylaws and the declaration therefor shall be submitted to and be approved by the City in conformance with the procedures, requirements and standards contained herein. (Ord. 313-08, 6-9-2008)
As part of the application for approval of a condominium project, when said project involves the conversion of an existing structure where the structure has been occupied by tenants prior to application for conversion, the owner/developer shall provide notice of intended conversion to said tenants by certified mail. This notice requirement shall not apply to structures that were vacant upon acquisition and remained so during the year prior to filing of the developer's application for conversion, nor shall it preclude the approval of a project prior to the expiration date where every tenant has executed a waiver relinquishing his or her right of notice under this section. The notice of conversion shall include the following:
Prior to or in conjunction with submission of documentation for certification and recording, the owner or developer shall submit to the Administrator a copy of said notice, together with a list identifying names and apartments or unit numbers for all tenants within the condominium conversion project. The notice, copy and list shall also be accompanied by an affidavit certifying that all tenants within the condominium project have been personally delivered a copy of the notice or mailed said notice by registered, certified mail, and that the same were in fact delivered. The plat map shall not be recorded until said copy of the notice, list and affidavit have been received by the Administrator and filed with the City Clerk-Treasurer. (Ord. 313-08, 6-9-2008)
To achieve the purposes and objectives of this chapter, all proposals for a new condominium development shall be made pursuant to the provisions of this chapter. Where the provisions of this chapter cannot reasonably be complied with in the case of condominium conversions due to the design and location of existing structures and/or roads, the Planning and Zoning Commission may waive some or all of these provisions. 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 assure proper operation, construction, maintenance and upkeep of all utilities, facilities, recreation areas, roads and parking areas within the development. In addition to the requirements specified in this chapter, condominiums shall comply with all applicable requirements of this title and the subdivision ordinance. (Ord. 313-08, 6-9-2008)
The owner or developer of a proposed condominium project desiring approval shall file an application with the Planning Administrator on a form prescribed by the City. Said application shall be accompanied by:
The Planning Administrator shall check the preliminary application for general compliance with these regulations, design standards and other applicable ordinances. If the application is not complete or not in general compliance, the Administrator shall notify the declarant and specify the respects in which it is deficient. If the submission is complete and in general compliance, the declarant shall transmit the requested number of copies of the development plans, together with the accompanying data, to such public agencies and utilities as may be concerned. Each of the public agencies and utilities may forward to the Administrator a written report of its findings and recommendations. These agencies shall include, but not necessarily be limited to, Southwest District Health Department, Idaho Power Company, Meadows Valley Rural Fire Protection District, Frontier Telephone Company, Cable One TV, New Meadows Public Works and the Meadows Valley Public School District. (Ord. 313-08, 6-9-2008)
The Administrator shall notify the declarant in writing of the actions taken by the City Council. One copy of the plan and accompanying conditions, if applicable, and the minutes of the City Council meeting shall be retained in the permanent files of the City. Notification of affirmative action by the City Council shall be authorization for the declarant to proceed with the preparation of specifications for the improvements required by City ordinances and with the preparation of final plans. (Ord. 313-08, 6-9-2008)
Approval of the preliminary application shall in no way relieve the declarant of the responsibility to comply with all required conditions and ordinances and to provide the improvements and easements necessary to meet all City standards. (Ord. 313-08, 6-9-2008)
The Administrator shall check the final application for completeness and general compliance with this chapter and for incorporation of any changes required during the preliminary approval procedure. If the submission is not complete, not in general compliance or does not incorporate required changes, the Administrator shall notify the declarant and specify the respects in which it is deficient. If the submission is complete and incorporates required changes, the Administrator shall refer the application to the Public Works Department and other applicable agencies for their approval or direct the applicant to secure such approvals. (Ord. 313-08, 6-9-2008)
Bonding shall be required as specified in the City subdivision ordinance when any public improvements are required in conjunction with a new condominium project or with a condominium conversion. (Ord. 313-08, 6-9-2008)
After City Council approval, completion of the development agreement and bonding agreement, completion of the required public improvements, City Council acceptance of the public improvements and the proper signing of the final plat, the applicant shall present the final plat to the Adams County Clerk for recordation. The applicant shall provide the City two (2) copies of the recorded final plat. (Ord. 313-08, 6-9-2008)
If the requirements set forth in section 10-14A-3-5 of this chapter are not met by the applicant within six (6) months from the date of City Council approval, such approval shall be null and void. (Ord. 313-08, 6-9-2008)