The intent of this Section is to establish guidelines dealing specifically with design, construction and operation of condominium projects. Each condominium project must satisfy the requirements of State statute (Utah Code § 57-8 et. al.), the requirements found in this Chapter, and all other zoning, site development, health, building or other ordinances which may be applicable to the particular condominium project.

Uses permitted within a condominium project shall be limited to those uses specifically permitted within the zone that underlies the area of the project, and shall be subject to all conditions and restrictions required within the zone for the use.

If it is determined that there are violations of applicable zoning ordinances or other requirements, the City Council may deny the condominium project until such violations have been corrected, or grant preliminary approval subject to correction of the violations. Preliminary approval will only be granted provided an adequate performance guarantee in the form of an irrevocable letter of credit or cash is provided by the applicant. The amount of the guarantee shall be proposed by the applicant and approved by the City Council. All violations shall be corrected prior to final approval.

Because condominium projects include the division of ownership, the procedure leading to approval of a condominium project shall be the same as set forth in PCC 12.14 of the Subdivision Ordinance. At a minimum, the following documents shall be prepared and submitted by the developer for each condominium project:

1. A record-of-survey map accurately drawn to scale as required by Utah Code § 57-8-13 (1953 as amended), must be submitted for review. The map shall be prepared by a registered land surveyor using a scale no smaller than one inch to equal 100 feet.
2. The articles of incorporation, corporation by-laws, and declaration of covenants, conditions, restrictions and management policies/declaration of condominium management agreement.
3. Open space easements.
4. Documents transferring adequate water to the City.
5. Record of survey map/final subdivision plat (when applicable).
6. The waiver of all animal rights in accordance with City standards that may result from a non-conforming use upon the adoption of this ordinance.

Where, in the opinion of the City Council, a particular document as required under this Chapter is inapplicable for the particular condominium project proposed, the City may waive the requirement for submitting the document.

It shall be unlawful to record any survey map or declaration of a condominium project in the office of the County Recorder, unless the same shall bear thereon final approval of the City Council as required by the terms of this ordinance. Any owner, or agent of any owner, of land or units located within a purported condominium project, who transfers or sells any land, structure, or condominium unit in a purported condominium project, before obtaining final approval from the City Council shall be guilty of a misdemeanor for each lot, parcel of land, structure or condominium unit so transferred or sold.

Each proposed condominium project shall conform to the following minimum standards:

Residential Projects.

1. All off-street parking shall be regulated pursuant to PCC 13.10.
2. Common storage area in an amount of not less than 100 square feet per dwelling unit shall be provided for the storage of recreation vehicles, boats, and enclosed in a sight-obscuring fence or wall.
3. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of 130 square feet. The space shall be designed for the sole enjoyment of the unit owner, and shall have a shape and size that would allow for optimal usable space.
4. Provision of an area containing not less than ten (10) percent of the total area of the project shall be set aside as common open space for the use and enjoyment of the residents. The area shall be landscaped in accordance with City standards. The location and design shall be such that the area is easily accessible to all residents. Land used for parking, driveways, vehicle storage and similar uses, and the areas required to meet the front setback or the area devoted to peripheral planting, shall not be included in meeting this requirement.
5. Upon receipt of an application for approval of a condominium project, the Building Inspector, and potentially the Fire Chief, must review the proposed building plans for consistency with the adopted building and fire codes and the regulations of State statute.

Commercial Projects.

1. Each commercial condominium project shall satisfy the parking off-street requirements of PCC 13.10.
2. Each use in a commercial condominium project shall be a permitted use in the zone where the project is located, or, if the proposed use is allowed as a conditional use in the zone, obtain a Conditional Use Permit prior to approval of the project.
3. Each commercial condominium project shall provide an area containing not less than ten (10) percent of the total area of the project set aside as common open space. The common area shall be completely landscaped and include appropriate facilities and amenities such as benches, tables, garbage cans and other features that will be used for the enjoyment of the employees utilizing the designated common areas.
4. Upon receipt of an application for approval of a condominium project, the Building Inspector and the Fire Chief must review the proposed building plans for consistency with the adopted building and fire codes and the regulations of State statute.

All units shall be separately metered for water, gas, electricity, and sewer, unless the covenants, conditions and restrictions provide for an Owner’s Association to pay the costs of services. Each unit shall be provided with readily accessible individual shut-off valves. All storage and solid waste receptacles outside of units must be approved by Payson City.

The requirements of this Chapter shall apply to the approval of condominium projects involving new construction, as well as projects involving the conversion of existing structures. Any request to convert an existing building into areas of separate ownership shall satisfy the regulations of this Chapter, the provisions of PCC 13.38 Condominiums, and the following:

1. A property report and plan of improvement repairs must be prepared for review by the Building Inspector and Fire Chief to determine if such plans comply with the applicable building and fire codes. The City shall conduct an inspection of the property and may require supplementation, revision, and resubmission of the property report should it be determined that substantial discrepancies exist or inspections indicate report statements are not supported by facts, requirements, or sound construction practices.
2. Upon preliminary review, the Building Inspector shall note corrections, repairs, and replacements which must be made to bring the structure into Code compliance, together with a list of renovation improvements proposed by the developer but not required by the Code. The Building Inspector may recommend denial until such time as existing violations of Code are corrected or may recommend preliminary approval of the project and building report, subject to the condition that violations be corrected prior to final approval.
3. Preliminary approval will only be granted provided an adequate performance guarantee in the form of an irrevocable letter of credit or cash is provided by the applicant. The amount of the guarantee shall be proposed by the applicant and approved by the City Council. All violations shall be corrected prior to final approval.