Zoneomics Logo
search icon

North Ogden City Zoning Code

11-28

CONDOMINIUM APPROVAL

11-28-1: PURPOSE AND INTENT

  1. The procedures and requirements of this chapter shall apply to and govern the processing of condominium record of survey maps pursuant to the requirements of the condominium ownership act of 1975, Utah Code 57-8, as amended. Said procedures and requirements shall supplement zoning, site development, health, building and other ordinances applicable to a particular condominium project, and shall apply to the approval of such projects involving new construction as well as those involving the conversion of existing structures. In addition, condominium projects, which contemplate dedication of real property or improvements for the use of the public, or condominium projects in which units are not contained in existing or proposed buildings, shall also be considered subdivisions requiring compliance with the applicable provisions of this chapter.
  2. In the case of conversions of existing commercial or residential buildings to condominiums, corrections of building code violations, the upgrading of vehicle parking facilities, and safety of common functional elements of the structures are of prime importance. It is also recognized that the conversion of existing apartments or similar multi-family rental dwelling structures presents the potential of relocation hardship to existing tenants, especially senior citizens, and warrants that reasonable notice and disclosure requirements be established by the city to minimize said hardships, which are also addressed Title 57, chapter 8 of the Utah Code.

11-28-2: SUBMISSION OF APPLICATION

  1. Application requirements, processing and approval regulations contained within this chapter shall apply to all condominiums.
    1. The land use authority shall not refuse approval of a final plat of a condominium that is in compliance with the provisions of this chapter and the zoning ordinance, as long as the location of buildings shown on the plat and the manner in which airspace is to be divided in conveying the condominium are not in violation of this chapter and the zoning ordinance. This subsection does not limit the power of the land use authority to regulate the location of buildings in such a project by or pursuant to the zoning ordinance.
    2. In order for the condominium application to be considered complete, the applicant shall provide to the city any plans, specifications and/or analyses needed to show that the proposed condominium subdivision is in compliance with this chapter and the zoning ordinance, including, but not limited to, grading plans, floor plans, elevations, landscape plans, and hillside disturbance plans and analyses.
    3. Upon final condominium approval and recordation, the owner of the condominium may build that condominium, including individual condominium units, using the exact dimensions and locations as shown on the final condominium plat map, regardless of any legal nonconforming attribute that the condominium may have at the time of building permit application. However, if the owner proposes any changes to the dimensions or locations as shown on the final condominium plat map, including, but not limited to, the locations and dimensions of individual condominium units, the owner shall be required to re-plat the condominium, and the re-plat shall be required to be in conformance with the subdivision and zoning regulations in effect at the time of re-plat application.
  2. Documents and Information Required. The owner or developer of a proposed condominium project desiring approval shall file a preliminary plat application and follow the process and requirements specified and beginning with 12-3. In addition, the Utah State Code requires substantial legal and procedural requirements as specified in Utah State Code Title 57, Chapter 8. the following with the planning staff:
    1. If the proposed development includes the conversion of one or more existing buildings to condominium ownership, the developer shall also submit two (2) copies of a property report prepared by a licensed architect or engineer. This property report shall contain:
      1. The age of the buildings;
      2. A description of the general condition of the buildings and the expected useful life of the buildings;
      3. A description of the condition of the structural and mechanical elements of the buildings and an estimate of their useful life, including the roof, foundation, mechanical system, electrical system, plumbing system, boiler (if any) and other structural or mechanical systems;
      4. A description of all known conditions constituting deficiencies requiring repair to meet existing building codes;
      5. A description of how each unit will have its own utility connections and a drawing of the utility lines for each unit;
      6. All known conditions which may require repair or replacement within the next succeeding five (5) year period;
      7. A plan for proposed improvements, renovations, and repairs to the existing buildings; and
      8. A certification from the building inspector that all violations of the applicable building codes have been repaired and that the buildings comply with all building codes at the time the application is made;
    2. Proof of notice to tenants as required by CCNO 12-8-5 have been sent to tenants; provided, that the developer may send those notices after the Planning Commission has made a recommendation for approval of the plans to the City Council; and
    3. A condominium application filing fee, which shall be equal to the filing fee the developer pays for the subdivision application.
  3. Filing Fee. The subdivider shall, at the time of filing the preliminary plat, pay to the department the preliminary plat application fee established by the City Council.

11-28-3: PRELIMINARY PLAT REVIEW BY PLANNING COMMISSION

  1. Refer to CCNO 11-2-12 for application process.

11-28-4: NOTICE TO TENANTS IN CONVERSION PROJECT

  1. Notice. As part of the application for approval of a condominium project when the project involves the conversion of an existing structure where the structure has been occupied by residential or commercial 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 a structure that was vacant 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 where every tenant has executed a waiver relinquishing his or her right of notice under this provision. The notice shall be sent at least twenty-one (21) days prior to the Planning Commission meeting when the conversion will be considered.
  2. Contents. Such notice shall include:
    1. The proposal for the conversion of the building to a condominium project.
    2. The established dates of commencement of the construction period and termination of rental occupancy which shall be no less than the later of:
      1. Sixty (60) days from the date notice is served upon occupants; or
      2. The expiration of individual leases.
    3. The disclosure of the sales price for each unit shall be no greater than the price initially advertised and offered to the general public at such time as when the condominiums are offered for public sale.
    4. Relocation information for the tenants, specifying available alternative housing relocation resource agencies and organizations, and a plan of any services to be voluntarily provided by the owner/developer.
  3. Dissemination of Notice. A copy of the notice, together with a list prepared by the owner/developer identifying names, apartment or unit numbers, approximate ages, rental rates and other known special handicaps or factors affecting relocation needs of the tenants shall be submitted to the county social services department to advise the agency of the conversion and/or solicit their assistance with relocation services. No final approval of such a conversion project shall be granted by the Planning Commission until the owner/developer has provided proof of notice by certified mail or subsequent proof of actual delivery, by methods of service allowed under Utah Code § 78-36-6, of such notices and relocation information as required above, and any plans for relocation services to be voluntarily provided by the owner/developer, and the time designated therein for termination of rental occupancy (a minimum of 60 days) will expire.

11-28-5: FINAL APPROVAL BY CITY COUNCIL

Refer to CCNO 11-2-13 for application process.