City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 7. Chapter 20. Condominium Approval Procedure
7-20-1. Application and scope.
(Ord. 1980-24, 06-24-1980)
7-20-2. Definition of terms.
(1) Code. “Code” shall mean the provisions and ordinances of the Tooele City Code.
(2) Common Areas, Space and Facilities. “Common areas, space and facilities” shall mean the property and improvements of the condominium project or portions thereof conforming to definition set forth in Section 57-8-3, Utah Code Annotated, 1953, as amended.
(3) Condominium and Condominium Project, and Condominium Unit. “Condominium,” and “condominium project,” and “condominium unit” shall mean property or portions thereof conforming to the definitions set forth in Section 57-8-3, Utah Code Annotated, 1953, as amended.
(4) Condominium Ownership Act of 1975, or “Act”. “Condominium Ownership Act of 1975” or “Act” shall mean theprovisions of Chapter 8 of Title 57 of Utah Code Annotated, as amended in 1975.
(5) Conversion. “Conversion” shall mean a proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures from single ownership of said parcel such as an apartment house or multi-family dwelling into that defined as a condominium project or other ownership arrangement involving separate ownership of individual units combined with joint collective ownership of common areas, facilities or elements.
(6) Map. “Map” shall mean “Record of Survey Map”, as defined in Section 57-8-3(18), Utah Code Annotated, 1953, as amended.
(7) Refurbishing or Renovation. Repairs, remodeling, improvements or restoration work, nonstructural in nature, and not required by applicable building codes.
(8) Unit. A “Unit” shall mean the physical elements or space or time period of a condominium project which are to be owned or used separately and excludes common areas and facilities as defined in Section 57-8-3, Utah Code Annotated, 1953, as amended.
(Ord. 1987-24, 01-02-1988) (Ord. 1980-24, 06-24-1980)
7-20-3. Purpose.
Corrections of building code violations and upgrading of safety or common functional elements of the structure is of prime importance. In addition, conversion of existing apartments or similar multi- family rental dwelling structures into condominiums, have had the effect and increase the potential of displacing long-term residents, especially senior citizens, who face the City’s shortage of replacement rental housing. That shortage, combined with withdrawal of the private sector from the rental market because of conversion, places additional pressure upon the public sector, to which public agencies involved with housing need time to respond. Therefore, it is the purpose of this ordinance to regulate conversion to promote the safety and revitalized use of the City’s structures for the benefit of increased home ownership opportunity while attempting to mitigate the human hardship of misplacement by reasonable notice and disclosure requirements.
(Ord. 1980-24, 06-24-1980)
7-20-4. Concept approval - Planning commission.
(a) The site, including size, location, traffic flow, accessibility and neighborhood development;
(b) The proposed land use, including placement of buildings or other improvements, density or intensity of use, common areas and facilities, contouring and landscaping, and internal circulation systems and parking;
(c) Policy considerations, including conformity with the master plan of the City and compliance with other applicable provisions of the City Code, County Regulations and State Laws.
(2) The Planning Commission may, as a condition to granting concept approval impose such reasonable restrictions or additional reasonable requirements relative to the aforementioned considerations as deemed necessary by the Planning Commission depending upon the particular circumstances of any given project.
(Ord. 1980-24, 06-24-1980)
7-20-5. Submission of application.
(a) Two (2) copies of the proposed Map accurately drawn to scale, as required by Section 57-8- 13, U.C.A., 1953, as amended, which shall be made by a registered Utah land surveyor using scale no smaller than one inch (1″) to equal forty feet (40′). In addition, said map or an additional site plan shall reflect the required floor plans identifying boundaries of the project units, convertible and expandable areas or spaces, and common areas. Said Map or plan should designate the intended use of common areas (e.g. storage, recreational, parking for guests as opposed to unit owners, open space, etc.) and should indicate whether such common areas are to be open to the public, assigned to specific units or semi-private being available only to unit owners. Said Map or site plan shall also identify and describe in detail the location of existing or proposed driveways, pedestrian ways, curbcuts, walls, structures, fences, landscaping and sprinkling systems.
(2) Two (2) copies, signed in the original, or the proposed condominium declarations and bylaws, together with a copy of the documents recorded after final approval.
(3) Where conversion of an existing building is proposed as part of the condominium project, a property report for each conversion project including the information required by the International Building Code as amended herein, shall be submitted as part of the application together with the plan for proposed improvements renovations and repairs.
(4) Proof of notice to tenants required by Section 7-20-11 below shall be required before final approval, but may be submitted at owner/developer’s option after preliminary approval is obtained.
(5) Filing fees. To assist the City to defray costs involved with the review of the project, fees shall be submitted with the application in the following amounts:
$25.00 per project plan plus;$ 5.00 per unit (1-10 units); plus,$ 2.00 per unit over 10 units.
(6) Repealed. (Ord. 1993-04, 05-04-1993)
(7) Repealed. (Ord. 1993-04, 05-04-1993)
(Ord. 2004-15, 10-20-2004)
7-20-6. Review of declarations.
(Ord. 1980-24, 06-24-1980)
7-20-7. Preliminary review and approval by city engineer.
(Ord. 2004-15, 10-20-2004); (Ord. 1980-24, 06-24-1980)
7-20-8. Preliminary review by Tooele City Attorney.
(Ord. 2016-15, 10-19-2016) (Ord. 1980-24, 06-24-1980)
7-20-9. Preliminary approval.
(2) When an administrative approval is not appropriate under (1) above, the City Engineer shall submit the reports and recommendations of the City Engineer and City Attorney before a hearing of the Planning Commission for consideration of preliminary approval or modifications thereof. If the Planning Commission finds that approval is recommended by the City Engineer and City Attorney, and that the project is in compliance or has presented approved plans which will bring the structures into compliance with applicable zoning, building, health or subdivision ordinances and requirements, the Planning Commission may grant preliminary approval and it may impose appropriate conditions subsequent as part of its approval. Such conditions may include correction of violations, appropriate amendment to declarations and the submission of Notice of Intent to tenants, etc., to be completed prior to final approval.
(3) The effect of preliminary approval shall entitle the owner/developer to proceed with obtaining building permits, giving notice to tenants and preparing documents for final approval, and to otherwise proceed with the project with all aspects thereof being subject and conditioned upon final approval.
(Ord. 1980-24, 06-24-1980)
7-20-10. Final review.
(2) By City Engineer. After preliminary approval, the City Engineer shall be responsible to monitor conditions of preliminary approval to insure compliance therewith prior to presentation to the Planning Commission and City Council for final approval. All violations of existing ordinances shall be corrected and requirements shall be completed prior to final approval, or shall be corrected or completed as a condition of final approval prior to submission to City Council or shall be bonded according to the criteria and standards set forth in (A) above. The sixty (60) day notice period required in Section 7-20-11 shall commence from the latest date of notice to any tenant and must elapse prior to submission of the condominium project to the Planning Commission for final approval.
(Ord. 1980-24, 06-24-1980)
7-20-11. Final approval - Planning commission and city council.
(Ord. 1980-24, 06-24-1980)
7-20-12. Notice to residential tenants in conversion project.
(2) Contents. Such notice shall include:
(a) the intention and plans for the conversion of the building to a condominium project;
(b) the estimated dates of construction period and termination of occupancy which shall not be less than sixty (60) days from the date notice is served upon occupants or expiration of individual leases, whichever is longer;
(c) 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;
(d) relocation information for the tenants specifying available alternative housing relocation resource agencies and organizations and a plan of any services to be voluntarily provided by the owner/developer.
(3) Dissemination of notice. A copy of said notice together with a list prepared by the owner/developer identifying names, apartment or unit numbers, approximate ages, rental rates and other known special handicaps or factors affecting relocation needs of the tenants, shall be submitted to the Tooele City Housing Authority and Tooele County Social Services Department to advise said agencies of the conversion and/or solicit their assistance with relocation services. No final approval of such a conversion project shall be granted by the Planning Commission until the owner/developer has provided proof of service by certified mail or subsequent proof of actual delivery by method of services allowed under Section 78-36-6, Utah Code Annotated, of such notices and relocation plans as required above, and the time designated therein (a minimum of sixty (60) days) has expired.
(Ord. 1980-24, 06-24-1980)
7-20-13. Tenant protest review.
(2) Upon filing, a copy of the appeal form shall be forwarded to the Tooele Housing Authority for relocation advice and assistance. That Authority shall within ten days forward to the administrative hearing officer a statement of its report and recommendation.
(3) Upon filing of an appeal, the building official shall institute an investigation to determine if the notice requirements were satisfied. The building official shall then report his findings to the administrative hearing officer within 10 days of filing the appeal.
(4) The administrative hearing officer shall fix a reasonable time for the hearing of the appeal, give due notice to the appellant and to the owner/developer of the condominium project, and shall, at the hearing, review the appeal together with Agency and department reports, recommendations, and related permit or subdivision applications and shall decide the same within 30 days from the date of filing of the appeal.
(5) The administrative hearing officer, with regard to hearing the appeal, may:
(a) enforce the attendance of witnesses, the production of books and papers and administer oaths;
(b) direct municipal resources, if necessary and appropriate, to alleviate relocation hardships;
(c) hear and decide allegations of error in any order, requirement, decision or determination made by a municipal officer in the performance of the officer’s duties;
(d) see that the laws and ordinances are faithfully executed and direct investigations accordingly;
(e) institute any appropriate actions or proceedings to prevent or punish persons from or for performing any acts contrary to the building and zoning ordinances of Tooele City;
(f) impose reasonable conditions relating to the terms and conditions upon which the project will be approved which may include suspension of approval pending preparation and implementation of a reasonable relocation plan or services for tenants who have not been given proper notice, or denial of the application in which event the owner/developer may not re-apply for 18 months from the date of denial.
(Ord. 2016-15, 10-19-2016) (Ord. 1994-56, 01-31-1995) (Ord. 1988-18, 07-06-1988)
7-20-14. Enforcement.
(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 Code and shall neither accept applications nor approve or issue any permit or license for use, construction or any purpose in conflict with the provisions of this Code. Any such Map, permit or license, issued or approved in conflict with the provisions of this Code shall be null and void.
(3) Repealed. (Ord. 91-08, 12-12-91)
(4) The City Engineer or the Building Official shall have the authority to enforce this Code against violations thereof by any of the following actions:
(a) To serve notice requiring the cessation or correction of any action in violation of this Code upon the developer, owner, agent of the developer, successor- in-interest of the developer or owner, tenant, purchaser, builder, contractor or other person who commits or assists in such violation;
(b) To recommend denial of the condominium project application; or,
(c) To call upon the City Attorney to maintain an action for injunctive relief to restrain, abate or cause the corrections of such violation, or to institute criminal proceedings.
(Ord. 1991-08, 12-12-1991) (Ord. 1980-24, 06-24-1980)
7-20-15. Severability.
(2) If the application of any provisions or provisions of this Chapter to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any Court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy, and the application of any such provision to other persons, properties and circumstances shall be unaffected.
(Ord. 1980-24, 06-24-1980)
7-20-16. Effective date.
(Ord. 1980-24, 06-24-1980)
Click Here for a .pdf copy of Title7 Chapter20
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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