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Home My Public Portal AboutORD-CC-2006-10CITY OF MOAB ORDINANCE NO.2006-10 An Ordinance Adopting Standards and Procedures for Approval of Condominium Projects WHEREAS, the Utah Condominium Ownership Act authorizes municipalities to enact ordinances governing the attributes of condominium developments; and WHEREAS, the City of Moab has received requests for condominium development approval, and there is a need to adopt uniform procedures; THEREFORE, the Moab Municipal Code is amended by the adoption of the following: Chapter 17.79 Condominium Developments. 17.79.010 Definition, Approval Required. As used in this Chapter, the term "condominium" shall be defined to be a real property development in which individual units in a multi -unit residential, commercial, or business complex are conveyed to a buyer, together with an undivided interest in common areas. No person shall sell or offer for sale any property purporting to be a condominium unless all approvals required by this Chapter and the Moab Municipal Code have been obtained. 17.79.020 New Condominium Developments. New condominium developments shall be subject to all zoning and building code requirements generally applicable to new residential, commercial, or business development under the City Code. An application for condominium development shall be processed under the applicable development review procedure except that a condominium shall not be subject to subdivision review procedures unless the development includes: a) common areas dedicated to public use; or b) condominium units that are not wholly contained within existing or proposed buildings. 17.79.030 Condominium Conversions. Existing structures shall not be converted to condominium ownership without first receiving review and recommendation of the city planning staff. The Planning Commission shall review all staff recommendations and approve, deny, or approve subject to conditions all condominium conversion applications. 17.79.040 Required Compliance with Existing Codes. All structures subject to condominium conversion shall be brought into compliance with all building and zoning requirements prior to condominium plat approval, except that the Planning Commission shall have discretionary authority to grant special exceptions to compliance with zoning code requirements where the applicant demonstrates that: a) site constraints prevent full compliance; and b) public health and safety is not jeopardized; and c) and appropriate mitigation measures are provided by the applicant. 17.79.050 Notice Requirement for Tenants in Buildings to Be Converted. Before proceeding Ordinance #2006-10 Condominium Developments 8/23/2006 Page 1 of 3 with the conversion of any apartment or other long-term rental unit in a project, the owner shall notify all existing tenants in said project, in writing, of the owners' intent to convert, and the proposed date thereof. Said notice shall provide, at a minimum, a sixty (60) day review and relocation period, wherein no conversion may be approved by the City until said period has expired. Any tenant may waive any required notice period; provided that said waiver be executed in writing after the date of the notice. Provided that all existing tenants waive the required notice period, an owner may proceed with a conversion before the expiration of the sixty (60) day period. Nothing herein shall prevent an owner from preparing materials and submitting an application for conversion, as required by the City. Nothing herein obligates an owner to proceed with a conversion after notice has been given. All condominium conversion applications shall provide a written report outlining the status of each existing unit as vacant or occupied and copies of all required notices. 17.79.060 Plat and Declaration Approval. All condominium developments shall include a condominium plat and condominium declaration complying with the provisions of the Utah Condominium Ownership Act. The proposed plat and declaration shall be submitted with the application for staff review prior to any applicable decision by the body having land use authority. The final plat for all condominium conversions shall include a signature block for the Planning Commission, City Planner, City Engineer, and City Attorney which must be executed prior to recording. Except where the applicant posts a performance guarantee under § 16.20.060 (subdivisions) or § 17.66.180(C)(planned unit developments), the Condominium Plat and Declaration shall not be recorded until all approvals required under by City Code have been obtained and all required improvements have been completed. 17.79.070 Additions and Amendments. No additional units may be developed in an existing condominium project without prior City approval. Such additions shall require condominium plat amendments and shall be processed under the applicable development review procedure. 17.79.080 Appeals. Any person adversely affected by a decision with respect to a condominium development may appeal pursuant to the procedures specified for the type of application. In the case of condominium conversions reviewed under this Chapter, the appeal body shall be the Board of Adjustment. Appeals of condominium conversions shall be filed with the City Recorder no later than 30 days from the Planning Commission decision. Section 16.08.050 of the Moab Municipal Code is amended by the addition of the following: Application Advisory Land Use Appeal Public Hearing Body Authority Body Required Condo. Conversion Staff P.Comm. Board of No Adjustment New Condo. App. (See procedures for site plan, subdivision, or planned developments, as applicable) Ordinance #2006-10 Condominium Developments 8/23/2006 Page 2 of 3 Passed and adopted by the City of Moab in open session on the 22nd day of August, 2006. This ordinance shall take effect immediately upon passage. Mayor David Sakrison Date Attest: .6kJA-E-e coceet,, (21-P--06 Rachel Ellison, City Recorder Date Ordinance #2006-10 Condominium Developments 8/23/2006 Page 3 of 3 CITY OF MOAB PLANNING COMMISSION PUBLIC HEARING LAND USE ORDINANCES The City of Moab Planning Commis- sion will hold a Public Hearing on Thursday, November 17, 2005 at approximately 6:00 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit pub- lic input on the following land use ordinances: ORDINANCE 2006-01 AN ORDINANCE AMENDING SECTION 17.06.015 OF THE MOAB MUNICIPAL CODE REGARDING DESIGNATION OF FI- NALAUTHORITY FOR APPROVAL OF MU- NICIPAL LAND USE CODE PROCESSES AND THE DESIGNA- TION OF APPEAL THE PLANNING CO MISSION IS DESIG- NATED AS THE FI- NALAUTHORITY FOR GRANTING CONDI- TIONAL USE PER- MITS. APPEALS ARE TO BE MADE TO THE BOARD OF ADJUST- MENTS. ORDINANCE 2006-05 AN ORDINANCE AMENDING SEC- TIONS 17.12.020 THROUGH 17.12.090 OF THE MOAB MU- NICIPAL CODE AS FOLLOWS: (1). DELETING THE WORDS "SPECIAL EXEMPTIONS" AND BY REPLACING THE WORD "NONCON- FORMING" WITH "NONCOMPLYING" WHENEVER THE OR- DINANCE REFERS TO STRUCTURES OR BUILDINGS. ORDINANCE 2006-06 AN ORDINANCE AMENDING THE MOAB MUNICIPAL CODE SECTIONS 16.08.010, PRELIMI- NARY PLAT PRO- CEDURE, 16.12.050 PRELIMINARY PLAN APPROVAL AND 16.08.050 VACATING OR CHANGING OF A SUBDIVISION PLAT REQUIRING THE PLANNING COM- MISSION TO HOLD PUBLIC HEARINGS ON PRELIMINARY PLAT APPROVAL AND TO REQUIRE THAT NOTICING AND CHANGE OF SUBDI- VISION PLATS MUST CONFORM TO STATE LAND USE CODEAND TO NOTICING RE- QUIREMENTS. ORDINANCE 2006-07 AN ORDINANCE AMENDING SECTION 16.08.05.F OF THE MUNICIPAL CODE REGARDING THE REQUIREMENT FOR SUBDIVISION, MULTI- UNIT RESIDENTIAL AND INDUSTRIAL DE- VELOPMENT TO OB- TAIN A LETTER FROM ASEWERAND WATER AUTHORITY THAT IS NOT THE CITY WHO WILL PROVIDE SAID SEWER AND/OR WA- TER SERVICES. ORDINANCE 2006-08 AN ORDINANCE AMENDING THE MUNICIPAL CODE DESIGNATING THE PLANNING COMMIS- SION AS THE FINAL LAND USE AUTHOR- ITY AND THE BOARD OF ADJUSTMENT AS THE APPEAL AU- THORITY. ORDINANCE 2006-13 AN ORDINANCE AMENDING SECTION 17.66.140, PLANNED UNIT DEVELOP- MENTS, OF THE MOAB MUNICIPAL CODE DESIGNATING THE PLANNING COM- MISSION TO HOLD A PUBLIC HEARING AF- TER PROPER NOTIC- ING ON PRELIMINARY PLAT APPROVAL. ORDINANCE 2006-14 AN ORDINANCE AMENDING THE MOAB MUNICPAL CODE, SECTION 17.69.060, SECOND- ARY DWELLING, ESTABLISHING THE BOARD OF ADJUST- MENT AS THE AP- PEALAUTHORITY TO PLANNING COMMIS- SION DECISIONS. ORDINANCE 2006-15 AN ORDINANCE AMENDING SECTION 17.70.050, BED AND BREAKFAST FACILI- TIES, ESTABLISHING THE BOARD OF AD- JUSTMENT AS THE APPEAL AUTHOR- ITY TO PLANNING COMMISSION DECI- SIONS. Complete copies of these ordinance are available for public re- view at the Moab City Planning Office locat- ed at 217 East Center Street. In compliance with the Americans with Dis- abilities Act, individuals needing special ac- commodations during this meeting should notify the Recorder's Office at 217 East Cen- ter Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. /s/ Rachel Ellison City Recorder Published in The Times -Independent, Moab, Utah November 3 and 10, 2005. NOTARY PUBLIC SUSAN LARSEN 300 S Main Moab, Utah 84532 My Commission Expires June 30, 2008 STATE OF UTAH Proof of Publication STATE OF UTAH, County of Grand, Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice Land Use Hearing hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 2 consecutive issues, the first publication date having been made Nov. 3, 2005 ;and the last on Nov. 10, 2005 ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. t� Co -Publisher Subscribed and sworn before me this A I/ 25, %Notary Public Residing at Moab, Utah My Commission Expires 3t, ?003 CITY OF MOAB ORDINANCE #2006-10 AN ORDINANCE ADOPTING STAN- DARDS AND PROCE- DURES FOR AP- PROVAL OF CONDO- MINIUM PROJECTS Ordinance #2006-10 was adopted at a Reg- ular City Council Meet- ing held on August 22, 2006 at the Moab City Council Chambers, 217 East Center Street. Moab, Utah 84532. Complete copies of Ordinance #2006-10 are available oni.ne at: www.moabcity.org or at the City of Moab Recorder's Office at 217 East Center Street. Moab, Utah 84532 /s/ Rachel Ellison, City Recorder Published in The Times -Independent, Moab, Utah on August 31, 2006. Proof of Publication STATE OF UTAH, County of Grand, Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice Ord. 2006--10 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made Aug. 31, 2006 ;and the last on ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Co -Publisher Subscribed and sworn before me this Sa-691/4-cd_k�� Notary Public Residing at Moab, Utah My Commission Exp. R � 44e1 easy Sheet VantLitia Most, Utah 84632 My Commission Expires a November 18, 2009