Any person who desires to convert existing multiple-family housing, commercial or manufacturing buildings to a condominium project or to convert existing multiple-family housing to a townhouse project shall comply with the requirements of this Article.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

Effective on: 1/1/1901

1. The owner or developer of a proposed condominium conversion project or a proposed townhouse conversion project desiring approval shall file a Development Review Application with the Development Services Department, which shall forward it to the Development Review Committee for preliminary review.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

2. The following shall be submitted with the Development Review Application:
   1. Four (4) copies of the record of survey map accurately drawn to scale in conformance with the provisions of Section 57-8-13, Utah Code Annotated (1953, as amended), which shall be prepared by an engineer or land surveyor registered in the State of Utah. The scale of the map shall be no smaller than one inch (1") equals forty feet (40').
   2. Five (5) copies of a site plan, one (1) of which shall be reduced to eight and one-half inches by eleven inches (8 1/2" X 11"), prepared to the same scale as the record of survey map designating the location of buildings, the intended use of common areas, and the location and extent of storage, recreational facilities, parking, driveways, pedestrian ways, curbs, walls, fences, landscaping, sprinkling systems, and information showing floor plans.
   3. Two (2) copies signed in the original of the proposed condominium or townhouse declarations and bylaws.
   4. For a conversion to condominiums, a written statement by an attorney who is licensed to practice in Utah. The written statement shall state that the condominium declaration, the record of survey map and the other supporting documentation comply in all respects with the Utah Condominium Ownership Act (U.C.A. Sec. 57-8-1, et seq.) as well as all applicable federal, state and local laws and ordinances and that when the condominium declaration and survey map have been recorded in the office of the Utah County Recorder that the proposed project will be a validly existing and lawful condominium project in all respects.
   5. A property report containing the information specified in Section 22-16-4 below shall be submitted as part of the application, together with a plan for all proposed improvements and repairs prepared by a civil or structural engineer or a general engineering contractor licensed by the State of Utah.
   6. The Proof of Notice to Tenants required by 22-16-8 below shall be submitted prior to final condominium or townhouse approval.
   7. A filing fee in an amount determined by City Council Resolution establishing fees and charges.
   8. An application will not be scheduled for Planning Commission review until the information required herein has been submitted, excepting item (5) above, which must be submitted prior to final approval.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

Effective on: 1/1/1901

1. If the Development Review Committee (DRC) finds that the project as proposed is in compliance, or plans have been presented which will bring the structures into compliance with applicable codes and policies, and that there will be no increased hazard or detriment to the community, the neighborhood, or prospective owners of the condominium or townhouse units, the DRC may forward, with recommendations, the request to the Planning Commission for preliminary approval. Conditions of preliminary approval may include (1) correction of violations of the current life-safety standards of the International Building Codes, the original site plan approved by the City, health or similar codes, (2) appropriate amendments to declarations, or (3) amendments to the Record of Survey Map and the Site Plan which may enhance or protect the environment of the condominium or townhouse development and the neighborhood in which it is located. If the Development Review Committee finds circumstances or conditions which would constitute an increased hazard to the health, safety, welfare, or convenience of the general public or of prospective buyers or guests in the condominium or townhouse project, they may recommend denial of the project to the Planning Commission.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-05-0005, Amended, 2/8/2005; Ord. No. O-2012-0032, Amended 11/13/2012)

2. The Planning Commission shall consider preliminary approval of the condominium or townhouse project.
   1. If the Planning Commission finds that the project is in compliance with, or the applicant has presented plans that will bring the structure(s) into compliance with applicable building codes and plans that will bring the site into conformance with the approved site plan approval, and other appropriate ordinances and policies, and the project will not create an increased detriment to residents of the City, the neighborhood, or prospective condominium or townhouse owners, it may grant preliminary approval and may impose conditions deemed appropriate to insure an attractive and safe environment.
   2. If the Planning Commission finds circumstances or conditions, which would constitute a hazard to the health, safety, welfare, or convenience of the general public or of prospective buyers or guests in the condominium or townhouse project, they may deny preliminary approval with an appropriate finding of fact.
   3. The effect of preliminary approval by the Planning Commission shall be to entitle the owner or developer to proceed with obtaining building permits, giving notification to tenants, preparing documents for final approval, and otherwise proceeding with the project in all aspects which are in conformance with the conditions of preliminary approval and subject to final approval. The sale of condominium or townhouse units, the recording of records of survey, and the recording of declarations, however, shall not be accomplished prior to granting a final approval in accordance with the provisions contained herein.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

3. Final approval by City Manager. Upon representation by the Development Services Director, the Chief Building Official or other appropriate city official that all conditions of the Planning Commission preliminary approval have been completed, all final documentation is signed and submitted, including any bonds or agreements required to be filed, then the condominium or townhouse development, with all documentation, shall, with appropriate notification, be reviewed by the City Manager for consideration of final approval.
   1. If the City Manager determines that the project conforms with the current life-safety standards of the International Building Codes, that any and all violations of the original site plan have been corrected, and that all of the conditions and requirements of preliminary approval have been met, he/she shall grant final approval of the project and release the record of survey map and the covenants of the condominium or townhouse project for recording.
   2. No record of survey map shall have any force or effect until it has received final approval of the City Manager.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-05-0005, Amended, 2/8/2005; Ord. No. O-2012-0032, Amended 11/13/2012)

4. Amended submission. Within thirty (30) days after the City Manager has disapproved any project, the developer may file with the Development Services Department appropriate materials altered to meet the requirements of the City Manager. Upon said filing, the matter shall be placed upon the agenda of the City Manager for reconsideration of the denied proposal without an additional fee.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-05-0005, Amended, 2/8/2005; Ord. No. O-2012-0032, Amended 11/13/2012)

Effective on: 1/1/1901

1. As an element of any application for a condominium or townhouse which includes the conversion of existing structures, the owner or developer shall submit a Report of Property Condition which is intended to insure that the standards of the declaration appropriately address existing and future conditions relating to maintenance, upkeep, and operation as referenced by Section 57 8 13, Utah Code Annotated (1953, as amended).

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

2. The property report shall contain the following information:
   1. Age of the building or buildings.
   2. Condition of the structural elements, including the roof, foundation, mechanical system, electrical system, plumbing system, and boiler or furnace.
   3. Size of the water service line from the meter to the individual unit.
   4. Size of the sewer lateral and sewer line(s) from each unit.
   5. Capacity of the electrical service for each unit (amps).
   6. Condition of the paving material on private streets (if any).
   7. Condition of the paving or surfacing material on driveways, parking areas, sidewalks, curbs, etc.
   8. Condition of the paint and/or exterior surfaces of all buildings and structures.
   9. All known conditions constituting deficiencies.
   10. All known conditions which may require repair or replacement within the next succeeding five (5) year period.
   11. A statement of disclosure containing all information pertinent to any failure of the building to meet the requirements of the current building code and current zoning ordinance.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/12)

Effective on: 1/1/1901

The Chief Building Official or his designee shall make an inspection of the proposed condominium or townhouse conversion project to determine compliance with the life-safety standards of the International Building Codes as adopted by the City of Orem. Prior to Planning Commission consideration of a condominium or townhouse project involving conversion of existing buildings, the Chief Building Official shall submit a report to the Development Services Director specifying where the building(s) is/are deficient with respect to the life-safety standards of the International Building Codes. The report of the Chief Building Official shall be submitted to the Planning Commission as an element of the "Report of Property Condition."

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-05-0005, Amended, 2/8/2005; Ord No. O-2012-0032, Amended 11/13/12)

Effective on: 1/1/1901

1. Each condominium or townhouse conversion project shall comply with the approved site plan. If the site plan is altered in any way, it shall conform to the requirements of Section 22-14-20 of this Chapter.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

2. Each condominium or townhouse conversion project shall meet the following for minimum utility requirements:
   1. All condominium or townhouse units within a development shall be separately metered for gas and electricity, and water meter shall be installed in accordance with the requirements of CHAPTER 21 of the Orem City Code.
   2. Each unit shall be provided with readily accessible individual shutoff valves or switches for water, gas, and electrical services.
   3. Each condominium or townhouse unit shall be equipped with its own heating system.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

3. Prior to granting final approval for the conversion of an existing building to a condominium project or a townhouse project, the building must conform to those development standards and requirements of the building code, duly enacted, which were in force at the time of construction of the structure to be converted.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

4. Prior to final approval, the City Manager shall cause final inspections of all buildings and structures and work therein to be made upon request of the developer to determine conformance with the building code, which was in force at the time of construction of the structure to be converted.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

5. In the event the City Manager, upon preliminary examination, finds violations of building codes, which were in force at the time of construction, these violations must be corrected prior to final approval with all repairs or renovations proposed by the developer.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

Effective on: 1/1/1901

The owner of a proposed condominium or townhouse conversion project shall record a Declaration of Covenants, Conditions, and Restrictions for the project which contains, in addition to the contents required by the Utah Code, the following:

1. The establishment of an association of unit owners that provides for the maintenance of common areas.
2. Maintenance of Common Areas and Facilities - General. In order to protect the public health, safety and welfare, provisions shall be made for periodic assessments to the owners for the costs of maintenance, common utility bills, and special assessments for capital improvements. The developer shall retain responsibility for maintenance of the common areas of the facilities until all of the units have been sold and the City has determined that the unit owner's Association has been established.
3. The enforcement techniques to be used in securing compliance with the duties and provisions of the covenants, conditions and restrictions.
4. If the condominium or townhouse project contains private streets, paths or roadways, provision shall be made for public utility easements over the entire private street, path or roadway system. The City may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The City may also require access routes necessary to assure that fire-fighting equipment can reach and operate efficiently in all areas of the project.
5. Each owner and the Association shall have an easement for entry upon any privately-owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

Effective on: 1/1/1901

1. Written notices shall be mailed by certified mail to all tenants in the proposed condominium or townhouse conversion project not less than ten (10) days prior to the Planning Commission meeting on the proposed conversion. Such notice shall provide, at least, the following:
   1. The date, time, place, and purpose of the meeting;
   2. A statement that should the condominium or townhouse conversion project be approved, tenants may be required to vacate premises.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

2. Unless otherwise provided by contract or law, all tenants of the proposed condominium or townhouse conversion project shall be given one hundred and twenty (120) days advance written notice by certified mail of the termination of their tenancy and shall further be given the first right to purchase their respective unit upon at least as favorable terms and conditions as the units are offered to the general public. Certification of compliance shall be provided to the Development Services Director prior to the recording of the final tract map.
   1. During the conversion process, the tenant in a condominium or townhouse conversion shall not unreasonably withhold consent to the owner to enter the unit in order to inspect the premises. The landlord shall not abuse the right to access or use it to show the property to prospective buyers or repairmen or harass the tenant. Except in case of an emergency, or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days’ notice of his intent to inspect and may enter only at reasonable times.
   2. The owner shall not undertake remodeling for the conversion of a unit while it is occupied by a tenant, nor create any unreasonable disruption of the common areas, including but not limited to the restriction of access thereto, nor interfere with the quiet use and enjoyment of the premises, nor abuse the right of access, nor use it to harass the tenant.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-00-0044, Amended, 10/03/2000; O-01-0021, Amended, 06/12/2001; Ord. No. O-2012-0032, Amended 11/13/2012)

Effective on: 1/1/1901

The following additional provisions shall apply to the conversion of any building to townhouses.

1. Separate parcels containing individual townhouses are permitted notwithstanding the minimum lot size that may apply in the zone in which the units are located.

(Ord. No. O-2012-0032, Enacted 11/13/12)

2. Units in a building may be converted to townhouse units only if the units are side by side and there are no stacked units.

(Ord. No. O-2012-0032, Enacted 11/13/12)

3. No additional dwelling units may be created. At least two (2) parking spaces must be provided on each townhouse parcel or at least two parking spaces must be designated as limited common area for the sole use of each townhouse.

(Ord. No. O-2012-0032, Enacted 11/13/12)

4. At least two (2) parking spaces must be provided on each townhouse parcel or at least two parking spaces must be designated as limited common area for the sole use of each townhouse.

(Ord. No. O-2012-0032, Enacted 11/13/12)

Effective on: 1/1/1901