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Show review the application and SECTION III PTO WWW n APPLICATION ES PARAGRAPHS: A Approval Required B Submission of --1 Ordinance No. 9 9 80 9 PROCEDU- AND CONDOMINIUMS CONVERSION TO the reference is specifically limited to a time period unit. D "CONDOMINIUM RES AND REQUIREMENTS FOR THE CONSTRUCTION OF its individual CON- OWNERSHIP OF ACT DOMINIUMS. 1975", the City WHEREAS, Council of Lehi City has Shall mean the provisions of Chapter 8 of Title 57 of Code Utah Annotated, determined that it is in the interest of the health, safety, and general welfare of the citizens of Lehi to regulate the construction of conand conversion dominium projects within the municipal limits of the City as set forth by the E projects and standards to enacted are procedures provide for utility lines and roads, proportions to be or devoted to common recreational use, proper maintenance and upkeep, and life and safety provisons of the Uniform Building Code; it be or- by follows: SECTIONS: Definitions I SECTION II - Purpose and multi-famil- y involving arrangements of separate ownership condominium individual units and joint collective ownership of common areas or facilities. F "DECLARATION": Shall declaration containing covenants, conditions, and restrictions relating to the condominium the with of Section provisions Utah Code Annotated, 1953, as amended. conformance "RECORD OF SURVEY MAP": Shall mean a plat or plats of survey of land and units prepared in accordance the requirements in Utah Code Section Annotated, amended. SECTION III - Application Procedures SECTION 1953, SECTION of Property Condition - V SECTION dominium Standards Con- Development Tenant - VI SECTION Notice of Conversion VII SECTION En- - forcement VIII SECTION Severability SECTION IX Emergency Clause SECTION I DEFINITIONS PARAGRAPHS: of Condominium Condominium Project B Unit C Condominium D Condominium Unit Owner- ship Act of 1975, or "Act" E Conversion F Declaration G Record of Survey Map "CONDOMINIUM" 'CONDOMINIUM , PROJECT": Shall mean a or or project whereby whether more units, contained in existing or proposed apartments, commercial or industrial II (3) Annotated, Utah 1953, Code as amended. C "CONDOMINIUM UNIT": A APPROVAL Prior to the construction of conversion any building to be used as a condominium, the record of survey map, the or and declaration the therfore shall be submitted to and be approved by the City of Lehi in conformance with the procedures, and requirements, standards contained herein, as required under the Utah Condominium Ownership Utah (57-8-3- 5 Code 1953, Annotated, as amended.) SUBMISSION B OF AP- PLICATION: The owner or developer of condominium a proposed project desiring approval shall file an application with the Office of the City Engineer through the City Inspection Building Department on a form prescribed by the City. Said application shall be accompanied by: 1. Two copies of a record of survey map accurately drawn to scale in conthe with formance of Section provisions Utah Code requirements, it may hold the applicable for the condominium project until such violations have been it or may corrected; recommend preliminary to approval subject the that conditions violations be corrected or bonded for prior to final approval. D PRELIMINARY PLANNING BY PROVAL Upon submission of the recomand reports mendations of the Lehi City Engineer, the matter shall be presented for consideration to the Planning exceed sixty (60) days from the date of acceptance. If the Planning Commission finds that the project as dominium projects within the corporate limits of Lehi City. Said provisions shall supplement zoning, health, or other orbuilding, dinances which may be applicable to a particular condominium project, and shall apply to the approval of condominium projects involving new construction as well as conversion of existing structures. The procedures set forth herein are intended to the recognize unique conof characteristics conand dominiums dominium conversions and to provide a review process and a set of standards which will address these unique characteristics and to reduce any negative impacts upon the community, areas, neighborhood or prospective may result from the creation of a conor condominium dominium conversion. Since condominium which differs ownership numerous respects in from community, displaced tenants, and prospective purchasers of condominium units. real imor property provements for the use of the public, or condominium which convey projects specific title to land, or projects which are not contained in existing or proposed buildings, shall also be considered sub- 5 same scale as the record of survey map designating the of location buildings; needed and present and utilities irrigation ditches; the intended use of common areas; the location and extent of recreational parking, storage, facilities, driveways, pedestrian ways, fences, curbs, walls, landscaping, and sprinkling systems. 3. Two (2) copies of the condominium proposed declarations and 4. Where conversion of an existing building is proposed as part of the a condominium project, report containing a plan for all proposed improvements, repairs, and alterations shall be submitted as part of the application. 5. Proof of Notice to Tenants required by Section VI of this Ordinance to be submitted prior to final condominium approval. 6. Filing fees. To assist the City in defraying the cost involved in publication and review of a condominium project, fees shall be submitted with an application in the following amounts: Condominiums of new construction $150.00 plus $5.00 a unit. shall with ditions any conit deems which Such appropriate. con- include may correction or violations of building, zoning, health, similar codes, or fire, appropriate amendments to ditions or declarations, amendments to the Record of Survey Map and the Site Plan which may enhance or protect the environment of CITY ENGINEER: of an receipt application for approval of a condominium project, the Upon Lehi City Engineer shall herein. an element of any application for a condominium which includes the conversion of existing structures, the owner or developer shall submit a Preliminary approval shall expire and become null and void six (6) months from Report of Property Condition which is intended to insure that the standards of manner which is atnot is tractive and detrimental to the functioning of the project or surrounding areas; and that of the the contents declaration assure proper construction, operation, maintenance, and upkeep of all utilities, facilities, recreation areas, and roads and parking areas within as the development referenced by Section of Utah Code Annotated, 1953, as amended. the date of approval unless a final submission has been made in conformance with the provisions set forth herein. the B preliminary approval and subject to final approval. The sale of condominium of units, the recording records of survey, and the recording of declarations, shall NOT be however, to prior accomplished granting a final approval in accordance with the contained provisions F FINAL APPROVAL BY CITY final submission shall be made to the City Engineer through the office of the a Information Required of Report Building B C Official SUBMISSION REQUIRED CONCONDOMINIUM A - VERSION: As declaration ap- propriately address existing conditions and future related to maintenance, upkeep, and operation as referenced by Section Utah Code Annotated, 1953, as amended. REQUIRED: The report property condition shall contain the approval preliminary been completed, original building plans and a disclosure of whether or records of survey and declarations are complete, and all final documentation is signed and submitted including any bonds or the actual building conforms to the plans. B. Condition of structural elements including roof, by Engineer that of have all all with together documentation shall be given final approval by the City Engineer and shall be report of with a submitted, approval to the City Council of said for signatures Council. ? If the City Engineer shall determine that said project is not in conformance with the ordinances or policies of Lehi City, or if plans are not in substantial comwith development, irrespective of size, shall to the parking conform provisions contained in Lehi City Ordinance No. 2. In addition to any other parking requirements, at least one space per five for units dwelling recreational vehicles and be boat storage shall of the City conditions assurance Upon dominium INFORMATION B not mechanical of compliance requirement, a provision shall be placed in the bydeclaration or laws precluding the parking of recreational vehicles and boats within the condominium development, and such preclusion shall be strictly enforced by the management. C UTILITY REQUIREMENTS: to a recommendation to the City Council within sixty (60) days of the initial hearing date, shall be deemed to make Commission constitute mendation approval, is period recom- a of preliminary unless the time extended by the City Council. E PRELIMINARY AP- PROVAL BY CITY COUNCIL: Upon receipt recommendation from Planning Commission, of the the Council. finds project is in compliance with, or has presented approved plans which will bring the structure under compliance with applicable zoning building, and other ap propriate ordinances ant and that the policies; project will not create substantial detriment k residents of the City, the that the neighborhood, or prospective condominium owners, they shall gran' preliminary approval witl conditions deemet any to insure at appropriate attractive and safe, en vironment. If the City Council or circumstances finds con of paving or that project is in conformance with applicable which may require repair or within the replacement ordinances and policies of Lehi City, it shall affix signatures of the members next succeeding year period. City Engineer shall disapprove said map specifying reasons for disapproval. receiving report of approval, the Council concurs in of decision the finds and Engineer If, upon condominium the City the City for five (5) the City for detail as is by to adequately necessary the evaluate physical condition of the building, equipment, and premises. effect until the same has C REPORT OF BUILDING received final approval by Engineer and appropriate signatures of the City Council have been the City OFFICIAL: the time of submission of an application for a At condominium the conversion involves affixed. SUB- AMENDED Within thirty City disapproved (30) of the Building Inspection Section shall make an inspection of the proposed condominium to determine project compliance with the provisions of the Uniform Building Code as any existing building, MISSIONS: after the which days Engineer has any project, the developer may file with the City Engineer appropriate materials altered to correct all deficiencies specified in the action of to Prior Planning consideration of preliminary approval of a fee. the buildings, existing Building Inspection Section shall submit a report to the H APPEAL OF THE ACTION OF THE CITY ENGINEER:. Any person aggrieved by or affected by any decision of the City Engineer related to a condominium project may appeal said decision by filing a written notice of appeal with the Lehi City Board of Adjustment within ten (10) days of said of notice appeal shall specify the grounds of the appeal and the circumstances related UCA thereto. (Ref. decision. Said condominium involving project conversion of City Engineer specifying any y deficiencies of the Uniform Building Code which are found to exist in the standards of project. This report of the Building Inspection Section shall be submitted to the Planning Commission as an element of the "Report of Property Condition." "SECTION V COND0M0NIUM DEVELOPMENT 10-9-- 9 1953) devices, valves, safety or switches for water, gas services. and electrical MECHANICAL AND HEATING REQUIREMENTS: 1. condominium Each unit shall be equipped with its own heating system, except where a central water or steam system is present. condominium 2. Each unit shall be provided with its own means of con- trolling temperature in that when the building utilizes a central heating plant. All mechanical work be shall and repairs under a permit completed and shall comply with all unit applicable building, health, and fire codes. ' SECTION TENANT STANDARDS PARAGRAPHS: VI NOTICE PARAGRAPHS: B Notice Required Content of Notice C Submission of Notice A Verification A NOTICE REQUIRED: part of the application of a confor approval dominium project when As project involves the conversion of an existing residential structure where the structure has been occupied by residential tenants prior to application the for a conversion, shall owner or developer provide notice of intended conversion to said tenants mail. Said by certified be shall Notice provided at said least ninety (90) days prior to required vacation of the premises and at least one section, paragraph, sentence, clause or thereof phrase irrespective of the fact that any one or more articles, sections, condominium to any or cirproperty, cumstances are found to be unconstitutional or invalid shall competent jurisdiction or other competent agency, the affect of such decision shall be limited to the Engineer of said notice with list a City names, apartment or unit numbers, and rental rates for all tenants within, the condominium conversion The notice copy project and list shall also be an afby accompanied fidavit certifying that all tenants within the condominium have project been delivered a copy of the notice or mailed said cumstances of CLAUSE Council hereby it is The City that since finds necessary to protect the health, safety, public that welfare, and ordinance the foregoing imeffective become g Com. mediately upon publication in a newspaper of general circulation within the City. condominium a IX SECTION EMERGENCY missioners of Lehi City shall not grant a final approval for ORDERED PASSED AND project until said copy of notice, list, and affidavit have been received the City by Engineer and filed with the PUBLISHED COUNCIL 9th THIS THE BY CITY LEHI OF CITY, OF DAY SEP- 1980. TEMBER, K. Blaine City Recorder. Singleton SECTION VII Mayor ATTEST: ENFORCEMENT John R. Daly PARAGRAPHS: Unlawful A cir- immediately involved in the controversy and the application of any such provisions to other such persons, properties, and circumstances shall be unaffected. delivered. Board or property, person, notices by registered or certified mail, and that the in same were fact The Ordinance or ineffective in whole or in part by any court of the approval, developer submit to the together unconstitutional person, of with submission documentation for final copy declared this Prior to or in conjunction or sentences, be phrases or invalid or ineffective. If the application of any provision or provisions of VERIFICATION: owner clauses, paragraphs, OF NOTICE C SUBMISSION readily individual OF CONVERSION Engineer. said filing, the matter shall be reconsidered by the City Engineer without additional Upon City shutoff by Lehi City. adopted 2. The estimated dates of termination of occupancy' by tenants which shall not be less than ninety (90) days from the date of notice; and an indication of the approximate date of construction which shall not be less than one hundred twenty (120) days from the date of notice. be y Commission said with provided Council hereby declares that it would have each article, passed The City vacated. Lease D recording. No record of survey map shall have any force or project of the building to a condominium project and an indication of need to have the units therein conversion loss of utility service.) 2. Each unit shall accessible effect the validity or efthe of fectiveness remaining portions of this Title, or any part thereof. 1. The specified intent of the owner to accomplish a conversion pro-rat- e on said said required shall include: declarations provide for the s association to pay the cost of services and those costs to unit owners on an equitable basis. (Such declaration must disclose to the unit owners that non payment of the bills by utility association may result in home-owner- parking areas, driveways, etc. sidewalks, curbs, Detailed plan or parking and traffic circulation. H. Condition of paint and or exterior surfaces of all buildings and structures. I. All known conditions constituting deficiencies. J. All known conditions satisfactorily completed, G of Lehi City If the City Council been surfacing the unless water, competent jurisdiction, or other competent agency, such decision shall not by this Chapter unit within a development shall be separately metered for gas, electricity, and paving material condominium Each 1. materials on private streets G. Condition preclude this with applicant additional pliance a conversion systems, Condition F. conditions condominium If any article, section, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any held to be unreason constitutional or invalid or ineffective by any court of If motion tenant VIII SECTION B CONTENT OF NOTICE: The ($299.00), or be both so imprisoned and fined for each separate violation. SEVERABILITY provision. identifying s " dollars e Ninety-nin- instance where every tenant has executed a waiver his or her relinquishing of under this notice right the home-owner- to exceed six (6) months or be fined in an amount not exceeding Two Hundred not apply to nonstructures or to a residential structure that has remained totally vacant for a period of at least one month prior to filing of an application for a conit shall nor version; preclude the final approval of a project prior to the date in an expiration a within electrical system, plumbing system, and boiler and furnace. A plan showing which parts of the system are maintained in common and which are maintained by individual units. C. Size of water service line(s) from meter to main and from main to buildings. D. Size and location of sewer lateral. E. Capacity of electrical service for each unit (amps) conversion begins. This notice requirement provided. These spaces may be owned in common or by association. walls, foundations, PARKING REQUIREMENTS: 1. Each unit in a con- 3 following information: A. The age of the building or buildings, with copies of Inspector. 5 the record of survey map of said and covenants Planning shall consider preliminary conof the approval dominium project at a regular meeting of the City BY Conversion of said Council and release of the development or conversion shall be made pursuant to of said the provisions Ordinance. The standards and contained criteria herein are intended to provide assurances that the geographical layout of the project is accomplished in Submission Required Council. buildings $10.00 a REVIEW IV REPORT OF The above report may be to back the referred of existing $200.00 plus unit. C SECTION not Failure achieve the purposes and objectives of this Ordinance, all proposals for a condominium . any associated residential To . construction with the shall REQUIRED: competent jurisdiction; provided, notice of appeal is given the City and the appeal is presented to the court within thirty (30) days after the City Council has rendered its decision. and Heating Requirements A MINIMUM STANDARDS the and development is in it which neighborhood located. If the Planning Commission finds circumstances or conditions which would constitute a hazard to the health, safety, welfare, or convenience of the neighborhood, general public, or of prospective buyers or guests in the condominium project, they may recommend denial of the project to the City condominium the City Council approval. to a condominium project may have and maintain a plenary action for relief therefrom in any court of (if any). Conversion accepted, or reviewed until complete. An incomplete application will not be formally acted upon by the Planning Commission until the appropriate fees are paid, and the information required herein is submitted, accepting item (5) which must be above, submitted prior to final Mechanical preliminary approval, or if conditions of have preliminary approval Condominium Incomplete applications may be accepted by the for reviewed City and advisory comments by the City Engineer and the Planning Commission, but shall not be deemed filed, D Condominium of agreements required to be conthen the filed, dominium development, recommend to the City Commission preliminary C A or borhood, prospective owners of the condominium Planning or affected by any decision of the City Council related Parking Requirements Utility Requirements PROPERTY CONDITION Building the B this Title is appended, shall be deemed guilt of misdemeanor and upon conviction thereof may be imprisoned for a period not hundred twenty (120) days before Required the conditions Standards Minimum A by Any person aggrieved PARAGRAPHS: proposed is in compliance, or has presented plans will which bring the structures into compliance with applicable codes and policies, and that there will be no substantial hazard or detriment to the health, safety, or welfare of the the neighcommunity, units, I APPEAL OF CITY COUNCIL ACTION: otherwise proceeding with the project with all aspects being in conformance with Within six (6) months of a preliminary approval, approval 2. Ten (10) copies of a site plan prepared to the developer to proceed obtaining building permits, giving notice to tenants, preparing documents for and final approval, approval record of survey map shall be no smaller than one (1) inch equals forth (40) feet. con- with ENGINEER: for preliminary at a date not to and for ditions 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 project, they preliminary may deny approval with an appropriate finding of fact The effect of preliminary approval by the City Council shall entitle the owner or Commission Commission condominiums, AP- COMMISSION: engineer or land surveyor registered in the State of Utah. The scale of said unit mean a together with the undivided interest in the common areas and facilities appertaining to that unit.l Any to a . con- divisions reference requiring dominium unit includes compliance with applicable both physical unit together provisions of the Lehi City its appurtenant Subdivision Ordinance. (See with in interest individual Utah Code Aand areas common as nnotated, 1953, facilities and a time period amended.) Shall of Appeal Commission Action Ordinance shall apply to and govern the construction of and or conversion and a context may A convertible space In conrequire. addition, shall be treated as a unit in dominium projects which accordance with subsection contemplate dedication of time-perio- d Director Development owner-develop- this 5 floors (or part floors) in a REQUIRED: applicable zoning, building, or or similar codes of Community Appeal 3 buildings or structures, or conventional building otherwise are separately ownership, it is in the offered or proposed to be interest of the public offered for sale. Con- health, safety, and welfare dominium Project shall also that condominium projects mean the property when should be treated difthe context so requires. and that the ferently, B"UNIT": attributes thereof as set Shall mean a separate forth in Section of Code physical part of a con- Utah Annotated, or 1953, as amended, should dominium project property intended for any be reviewed and approved type of independent use, by Lehi City and apincluding one or more propriately regulated for rooms or spaces located in the protection of the one or more or parts of building, or unit as the City by the and the City Engineer and or Building Inspector. If the City Engineer finds that there are violations of Annotated, 1953, as amended, which shall be prepared by an owners plan two as PURPOSE AND OBJECTIVES declarations IV - Report H conditions property submitted Amended Submission G project which shall be prepared in G by Development Comunity Act mean a recorded of all approval record of survey maps, and Objectives A mean a proposed change in the type of ownership of a parcel or parcels of land and or structures from existing single ownership such as an apartment house or into a dwelling "condominium project" as with herein defined procedure requirements of DINANCE SECTION requirements or provisions set forth in the report of the City by I The OR- CONDOMINIUM A "CONVERSION": with the City Council of Lehi City that Ordinance be amended No. Ordinance new a by adding to read as No. dained by City Commission F Final Approval Review C Action Shall unless THEREFORE, Engineer D Preliminary Approval by Planning Commission E Preliminary Approval Director 1953, as amended. provisions of Chapter 8 of Title 57 of Utah Code as 1953, Annotated, amended, and; it has been WHEREAS, determined by said City Council that there are characteristics inherent in condominium construction condominium conand version which couid create negative impacts upon the the neighcommunity, borhood, and the owners and occupants of said condominium OR "ACT": plicable requirements of Condominium the Utah Ownership Act, appplicable building and zoning ordinances of Lehi City and standards applied to the condominium by provisions of this Ordinance and any with together appurtenant unless interest, ORDINANCE ESTABLISHING Ap- plication unit AN to documents related the whether determine project conforms to ap- PROCEDUR- to Sell B Permits to Conform C Violations Recorder Published in the or City Lehi Free Press, September 11, 1980. a Misdemeanor UNLAWFUL TO SELL A OR LEASE: Notice To for is unlawful It any person, firm, corporation, partnership, or association to sell, contract to sell, or lease any unit of any condominium or any other portion thereof until final record of survey plats, in Water Users The following application been filed with the has State Engineer to change with the compliance of this Ordinance provisions have been finally signed by City Council and duly TO CONFORM: 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 Code and shall neither accept applications nor approve or issue any permit All use, conother purpose in conflict with the of this Orprovisions dinance. Any such permit or license issued in conflict with the provisions of this Ordinance shall be null and void and may be cancelled of the City by action Council after due hearing. or license struction, for or any VIOLATION C A MISDEMEANOR: Any developer, developer successor-in-intere- or agent of a owner, of a owner, or developer tenants, purchaser, builder, contractor, or other person who, with respect to any condominium project in Lehi City, violates any of the provisions of this Title or conditions imposed pursuant to this Title, or by the Utah State Act to which any unless otherwise designated. Location a 11338 of the County Recorder. B PERMITS County in SLB&M. the recorded Utah throughout the entire year full in the Office in water E. Kaye (55-97- and Merrill C. Fox, 10715 N. Frontage Rd., Lehi, UT proposes to change the point of diversion and place of use of 4.0 sec. ft. of water as evidence by Appl. No. 31728. The water has been diverted from six wells as follows: 1) a well, 441 ft. deep, at a point S. 576 ft E. 401 ft Fox h Sec 31, from WV4 Cor. T4S, well, 226 R1E; 2) a ft. deep, at a point S. 850 ft. E. 519 ft from VM Cor. Sec. 31, T4s, R1E; 3) a h 0 well, ft deep, at a point S. 1680 ft W. 200-50- 1325 ft from NV Cor. Sec. 36, T4S, R1W; 4) a well, h ft deep, at a ft E. 1060 ft. 50-10- 0 point S. 460 fromNyCor.Sec35,T4S, a R1W; 5) well, 286 h ft deep, at a point N 1175 ft E. 625 ft from Stt Cor. Sec36,T4S,RlW;and6)a well, h 200-50- deep, at a point E. 1000 ft 0 S. 1280 ft ft from WV Cor. R IE; and the domestic purposes of 2 families,, stockwatering 150 cattle, miscellaneous uses of a dairy; and from Apr. 1 to Oct 31 for the irrigation of 1225.0 acs. in SYM See. 31, Sec 31, used for T4S, |
