The purpose of this Section is to provide guidelines for the design, construction, and operation of condominium projects. Each project must comply with the applicable provisions of the Utah Code (Section 57-8 et seq.), the requirements set forth in this Chapter, and all relevant zoning, site development, health, building, and other applicable ordinances.
Because condominium projects involve divided ownership, their approval must adhere to the procedures specified in Chapter 2 of Title 14, Subdivision Regulations and Chapter 7, Article 4 of Title 11, which covers site plan review and procedure.
(Ord. No. 20-2025 § 8, 10/21/2025)
The following documents shall be prepared and submitted by the developer for each condominium project:
(1) 
Articles of incorporation.
(2) 
Corporation by-laws.
(3) 
Declaration of covenants, conditions, restrictions, and management policies/declaration of condominium.
(Ord. No. 20-2025 § 8, 10/21/2025)
Condominium declarations shall be reviewed by the Planning Administrator to assure an inclusion of provisions which, to the City's satisfaction, address and fix responsibility for the maintenance, upkeep, and repair of common areas, including common walls, electrical, mechanical, plumbing and utility systems, recreational areas, landscaping areas, and parking areas. Also, declarations shall restrict the use of any individual residential dwelling unit to single families as defined by this Title.
(Ord. No. 20-2025 § 8, 10/21/2025)
(1) 
As part of the application for approval of a condominium project, when said project involves the conversion of an existing residential structure, where the structure has been occupied by residential tenants prior to application for conversion, the developer or owner shall provide notice of intended conversion to said tenants by certified mail. This notice requirement shall not apply to nonresidential structures or to a residential structure that was vacant upon acquisition by the owner and remains so during the year prior to the filing of the 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 Section.
(2) 
Such notice shall include the intention and plans for the conversion of the building to a condominium project; the estimated date of construction and termination of occupancy, which shall not be less than 60 days from the date notice is served upon occupants or expiration of individual leases, whichever is longer; the disclosure of the specific, initial, fixed, sales price for each unit, which shall be no greater than the price initially advertised and offered to the general public.
(3) 
No final approval of a conversion project shall be granted until the developer has provided proof of service by certified mail or subsequent proof of actual delivery by a method of service allowed under Section 78-36-6, Utah Code Annotated 1953, as amended, of such notices as is required above, and the time designated therein, a minimum of sixty (60) days, has expired.
(Ord. No. 20-2025 § 8, 10/21/2025; Formerly 14-6-109)
(1) 
It shall be unlawful for a person, firm, corporation, partnership, or association to sell or lease any unit of a condominium or any other portion thereof until final plats, in full compliance with the provisions of this Chapter, have been finally approved by the City Council and duly recorded in the Office of the County Recorder.
(2) 
All departments, officials, and public employees of the City, vested with the duty or authority to approve or issue permits, shall conform to the provisions of this Article and shall neither accept applications nor approve any permit or license for use, construction, or any other purpose in conflict with the provisions hereof.
(3) 
Any developer, agent of a developer, owner, successor-in-interest of a developer or owner, tenant, purchaser, builder, contractor, or any other person who violates any of the provisions of this Article or any conditions imposed pursuant to this Article shall be deemed guilty of a misdemeanor and shall be punished as provided by this Title.
(4) 
This Article may also be enforced by any means available to the City as provided by Chapter 5 of this Title.
(Ord. No. 20-2025 § 8, 10/21/2025; Formerly 14-6-110)