The purpose of this chapter is to assure that a reasonable balance between rental housing and owneroccupied housing is maintained; to establish general conditions that regulate the conversion of multifamily rental housing units to condominiums, community apartments, or stock cooperatives; and to guarantee that rental units being converted to condominiums meet reasonable construction criteria under State and local laws, ordinances, and regulations.
(Ord. 21-501 § 9)
The following conditions shall be met as a prerequisite to the approval of a tentative map for condominium conversion:
A. 
A use permit shall be required for the conversion of multifamily rental housing units to condominiums; and
B. 
The number of rental units in the town exceeds 35% of the total housing stock or the number of vacant rental units within the Town exceeds five percent of all the rental units in the Town. The vacancy percentage of rental units and the ratio of rental units to ownership units within the Town shall be based upon the most current census data, unless the applicant can provide evidence that such data is inaccurate.
(Ord. 21-501 § 9)
Conversion of existing rental housing to condominium ownership shall meet the following requirements:
A. 
Each dwelling unit shall have space and connections for the installation and operation of laundry equipment for the private use of the occupants of that unit;
B. 
Each dwelling unit shall be provided with at least 100 cubic feet per unit and an additional 50 cubic feet per bedroom of enclosed weather-proof storage space, either inside or outside the unit, in addition to that required by the Federal Housing Administration's Minimum Property Standards;
C. 
Parking within the property lines of the project shall be provided as established in Chapter 17.116, Offstreet Parking and Loading, of this title;
D. 
The project shall conform to all applicable laws, ordinances, and regulations for existing buildings, including but not limited to those pertaining to housing, building, fire, subdivision, and zoning; and
E. 
In a project containing five or more units, affordable housing shall be provided as required by Section 17.160.020, Inclusionary housing program, of this title.
(Ord. 21-501 § 9)
Applications for condominium conversions shall be initiated by submitting the following information to the Planning & Building Department: a completed use permit application form, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with state law and procedural guidelines established by the Planning Officer.
In addition to the information required for a use permit application, the following shall be supplied by the applicant:
A. 
A report containing the following information:
1. 
Length of occupancy of present tenants, current rents, any utilities included in rent, date and amount of last rent increase and household composition of present tenants, by age and sex;
2. 
Nature and expiration date of current leases, approximate proposed sale price of units, expected monthly mortgage payments and association dues, expected financing available to buyers, and a statement indicating the exact number of units existing in the structure proposed to be converted; and
3. 
A list of names of all tenants and lessees, and a verifiable written statement declaring that each tenant and lessee has received, by certified U.S. mail, a notification of the filing of a condominium conversion application. The applicant shall submit a receipt as evidence that such notification has occurred;
B. 
A structural pest control report prepared by a licensed pest control operator;
C. 
The applicant's proposed program to accommodate the relocation and availability of substitute accommodations for the present tenants, and a statement of preference to sell the units to be converted to the present tenants; and
D. 
Any other information deemed necessary by the Planning Officer for evaluation of the application.
(Ord. 21-501 § 9)
The Zoning and Design Review Board shall recommend approval, conditional approval, or denial of applications for condominium conversion for consideration by the Town Council. The Town Council shall have the authority to approve, conditionally approve or deny applications for condominium conversion.
(Ord. 21-501 § 9)
The Zoning and Design Review Board shall hold a public hearing on any proposed condominium conversion and shall make a written recommendation to the Town Council. Upon receipt of the Zoning and Design Review Board recommendation, the Town Council shall hold a public hearing on the proposed conversion. Notices of public hearings shall be given consistent with Section 17.180.040, Notice of hearing, of this title.
(Ord. 21-501 § 9)
Upon receipt of the recommendation of the Zoning and Design Review Board, the Town Council shall approve or approve in modified form the proposed amendment(s) if from the facts presented all the following findings can be made, in addition to the findings required for use permits in Section 17.200.060 of this title:
A. 
The number of low-and moderate-income households that will be displaced by the proposed conversion can be accommodated by alternate rental housing in the vicinity based on the current or projected vacancy factor, and by relocation assistance to be provided by the applicant;
B. 
Sufficient parking and storage will be provided to accommodate long-term owner occupancy;
C. 
The proposed conversion provides for clear and complete management and maintenance responsibility for the dwelling units;
D. 
The proposed conversion will not negatively affect neighborhood property values and taxes; and
E. 
The proposed conversion complies with the requirements of Section 17. 220.030, General conditions, of this chapter.
(Ord. 21-501 § 9)
In approving a condominium conversion, the Town Council may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.220.070, Findings and decision, of this chapter.
(Ord. 21-501 § 9)