10-2.1608 Condominiums.
- (a) Purpose. It is the
express intent of the City to treat residential condominiums differently
from apartments and other like structures due to the unique nature of
condominium ownership whereby separate households, each with a vested
ownership in their own dwelling unit, live in close proximity to one
another and are bound together in an association which is responsible for
the cooperative maintenance and management of improvements within the
common area of the project. Condominium ownership of non-residential building
spaces within commercial or industrial projects shall also be treated
differently to insure the long-term viability of the project in view of
the multiple ownerships.
- (b) Criteria. In order
to achieve the purpose of this section, new condominium projects shall
meet the following criteria:
- (1) Residential
condominiums.
- a. The project shall
comply with all applicable development standards of the zone in which
the project is located.
- b. The project shall
meet the condominium development standards for treatment of utilities,
attenuation of noise, and requirements for provision of covenants,
conditions, and restrictions, as described in subsection
(d) of this section.
- (2) Non-residential
condominiums.
- a. The project shall
comply with all applicable development standards of the zone in which
the project is located.
- b. The project shall
meet the condominium development standards for treatment of utilities
and requirements for provision of covenants, conditions, and
restrictions, as described in subsections (d)(1) and (d)(4) of this section.
- (c) Conditional Use
Permits required.
- (1) No condominium
shall be established unless a Conditional Use Permit is obtained pursuant
to Section 10-2.2506 of this chapter.
- (d) Condominium
development standards. To achieve the purposes of this section,
all condominium projects shall conform to all applicable development
standards of the zone in which the project is located and the following
additional development standards:
- (1) Treatment of
utilities.
- a. Plumbing
shutoff valves. Water supply lines to all plumbing fixtures within
the project shall be fitted with shutoff valves. If there are
extenuating circumstances which make the installation of such valves
impracticable, a system shall be provided which includes one shutoff
valve for each unit and for each other discrete plumbing subsystem
within the project, such as a common laundry room.
- b. Drip pans.
Clothes washers, dishwashers, hot water heaters, and any other appliance
which the Building Official determines to be a potential source of water
leakage or flooding shall be installed with built-in drip pans and
appropriate drains, subject to the approval of the Building Official.
- c. Utility meters.
Each utility which is controlled by and consumed within the individual
unit shall be separately metered in such a way that the unit owner can
be separately billed for its use. Each utility which is consumed within
a common area other than an area designated for exclusive use by a
single unit, shall be separately metered in such a way that the
condominium association can be separately billed for its use.
- d. Circuit
breakers. Each unit shall have its own circuit breaker panel for all
electrical circuits and outlets which serve the unit. Such panel shall
be accessible without leaving the unit.
- (2) Isolation of
vibration and sources of structure-borne noise in residential condominium
projects where units have common walls and/or floors and ceilings.
- a. Shock mounting
of mechanical equipment. All permanent mechanical equipment, such as
motors, compressors, pumps, and compactors, which, because of their
rotation, reciprocation, expansion, and/or contraction, turbulence,
oscillation, pulsation, impaction, or detonation, is determined by the
Building Official to be a source of structural vibration or
structure-borne noise shall be shock-mounted with inertia blocks or
bases and/or vibration isolators in a manner approved by the Building Official.
Domestic appliances which are cabinet installed or built into the
individual units, such as clothes washers and dryers, or other
appliances which are determined by the Building Official to be a source
of structural vibration or structure-borne noise, shall be isolated from
the cabinets and the floor or ceiling by resilient gaskets and vibration
mounts approved by the Building Official. The cabinets in which such
appliances are installed should be offset from the back wall with strip
gasketing of felt, cork, or similar material approved by the Building
Official. Where such appliances utilize water, flexible connectors shall
be installed on all water lines. If provisions are made within the units
for the installation of nonpermanent appliances, such as clothes washers
and dryers, then permanent rubber mounting bases and surface plates
shall be installed in a manner approved by the Building Official.
- b. Location of
plumbing and mechanical fixtures. No plumbing or mechanical fixture
shall be located on a common wall between two separate units.
- c. Separation of
vents and lines. No common water supply line, vent, or drain line
shall be permitted for contiguous units unless there is at least eight
and one-half (8½) feet of pipe between the closest plumbing fixtures
within the separate units. The Building Official may approve other
methods of isolating sound transmission through plumbing lines where the
effectiveness of such methods can be demonstrated.
- d. Isolation and
insulation of lines. All water supply lines within the project shall
be isolated from wood or metal framing with pipe isolators specifically
manufactured for such purpose and approved by the Building Official.
- (3) Attenuation of
noise in residential condominium projects.
- a. General. Wall
and floor/ceiling assemblies separating units from each other or from
public or quasi-public spaces, such as interior corridors, laundry
rooms, recreation rooms, and garages, shall provide airborne sound
insulation for walls and both airborne and impact sound insulation for
floor/ceiling assemblies.
- b. Airborne sound
insulation. All wall assemblies enumerated or alluded to in
subsection (d)(3)(a) of this section shall be of a type of construction
which has a minimum rating of 55 STC (Sound Transmission Class). All
floor /ceiling assemblies enumerated or alluded to in subsection
(d)(3)(a) of this section shall be of a type of construction which has a
minimum rating of 50 STC. Wood floor joints shall not be continuous
between separate condominium units. Penetrations or openings in the
construction for piping, electrical outlets and devices, recess
cabinets, bathtubs, soffits, heating and ventilating and/or
air-conditioning intake and exhaust ducts, and the like shall be sealed,
lined, insulated, or otherwise treated to maintain the required rating,
and such treatment shall be approved by the Building Official. Entrance
doors to the unit shall be of solid construction and, together with
perimeter seals, shall have a minimum rating of 33 STC. Such perimeter seals
shall be maintained in effective operating condition.
- c. Impact sound
insulation. All separating floor/ceiling assemblies enumerated or
alluded to in subsections (d)(3)(a) and (d)(3)(b) of this section shall
be of a type of construction which has a minimum rating of 50 IIC
(Impact Insulation Class). Floor coverings may be included in the
assembly to obtain the required ratings but shall be retained as a
permanent part of the assembly and may only be replaced by another floor
covering which provides the same or a greater impact insulation.
- d. Verification of
sound class. STC and IIC ratings shall be based on the results of
laboratory measurements and will not be subjected to field testing. The
STC rating shall be based on the American Society for Testing and
Materials System specified in ASTM E90 and E413, or equivalent. The IIC
rating shall be based on the system in use at the National Bureau of
Standards, or equivalent. Ratings obtained from other testing procedures
will require adjustment to the rating systems set forth in this
subsection. In documenting wall and floor/ceiling compliance with the
required sound ratings, the applicant or sponsor of the condominium
development shall either furnish the Building Official with data based
upon tests performed by a recognized and approved testing laboratory or
furnish the Building Official with verified manufacturer's data on the
ratings of the various wall and floor/ceiling assemblies utilized in the
project. Additionally, the Building Official will develop a ready
reference file indicating the STC and IIC ratings of the wall and
floor/ceiling assemblies commonly utilized in condominium structures.
- (4) Declarations
of project elements and covenants, conditions, and restrictions.
The declaration of project elements and covenants, conditions, and
restrictions relating to the management of the common area and facilities
shall accompany all applications for condominium usage made pursuant to
the provisions of this section. In addition to such covenants, conditions,
and restrictions which may be required by the Department of Real Estate
of the State pursuant to Title 6 (Condominiums) of the Civil Code of the
State or other State laws or policies, such declaration shall provide for
the following, none of which shall be amended, modified, or changed
without first obtaining the written consent of the City and all of which
shall contain, at the end of each such provision, a statement to that
effect:
- a. Assignment or
conveyance of private open space for residential condominium projects.
The surface area and appurtenant airspace of private open space areas,
including, but not limited to, the private patio, deck, balcony,
solarium, or atrium required by this chapter, and any integral portion
of such space which may exceed the minimum area requirements shall be
described and irrevocably assigned to its respective unit, except that
where the private open space is totally within the boundary described by
the interior surfaces of the unit, as it would be in a central court or atrium,
the private open space shall be conveyed as an integral part of the
unit.
- b. Assignment or
conveyance of private storage areas for residential condominium
projects. The surfaces and appurtenant airspace of private storage
areas, including, but not limited to, the private storage space required
by this chapter, shall be described and irrevocably assigned in the
declaration to its respective unit, except that where the private
storage space is totally within the boundary described by the interior surfaces
of the unit, as it would be in a closet opening upon a unit's room or
hallway, the private storage space shall be conveyed as an integral part
of the unit.
- c. Maintenance of
impact insulation class for residential condominium projects. The
Impact Insulation Class (IIC) rating of all separating floor/ceiling
assemblies, as required by the provisions of this section, shall be
described in the declaration. Where the minimum IIC rating is obtained
through the use of floor coverings, the declaration shall provide that
such coverings shall not be removed for any purpose, except cleaning or
replacement, and shall further provide that any replacement coverings
shall furnish the same or a greater degree of impact insulation as that
originally installed.
- d. Assignment or
conveyance and use of required off-street parking spaces for all
condominium projects. Assignment or conveyance and use of required
off-street parking and loading spaces shall be described. For
residential condominium projects, required off-street parking spaces,
except guest parking spaces, shall be permanently and irrevocably
assigned to particular units within the project on the basis of two (2)
spaces per unit, except that where two (2) parking spaces are totally
within the boundary described by the interior surfaces of the unit, as
they would be in a townhouse development with a private entrance from
the parking garage to the unit, the off-street parking spaces shall be
conveyed as an integral part of the unit.
- e. Right of public
entry to common areas for all condominium projects. The City,
County, State, and Government of the United States, and any department,
bureau, or agency thereof, shall have the right of immediate access to
all common areas of the project at all times for the purpose of
preserving the public health, safety, and welfare except in those
instances where a common area is accessible only through a private unit.
- f. Television
receiving devices for all condominium projects. Individual
television antennas exceeding a height or width of two (2) feet shall be
prohibited outside of any owner's unit. The declaration shall provide
either for a central antenna with connections to each unit via
underground or internal wall wiring, or each unit shall be served by a
cable service provided by a company licensed to provide such service
within the City. All units shall be wired to enable access to cable
service.
- g. Voting for all
condominium projects. For both the purpose of setting the amount of
regular and special assessments and the purpose of voting on amendments
to the covenants, conditions, and restrictions, one vote shall be
allocated for each unit within the project. The amount of regular and
special assessments may be made proportional to the gross square footage
of each unit within the project.
- h. Maintenance of
common areas and facilities for all condominium projects.
- 1. General.
In order to protect the public health, safety, and welfare, provisions
shall be made both for annual assessments for maintenance and special
assessments for capital improvements. The amount of the regular annual
assessment, and the procedure for its change, shall be specified. The
manner in which special assessments may be levied for the purpose of
defraying, in whole or in part, the cost of any construction,
reconstruction, repair, or replacement of a capital improvement upon
the common area shall be specified. Both annual and special assessments
may be collected on a monthly basis. The remedies which the association
may bring for the nonpayment of assessment shall be specified and may
include penalties for late payment.
- 2. Veto right and
authority of the City. In consideration for the City's approval of
a condominium project, the declaration shall provide that the City, at
its option, has the right and authority to veto any action of the
association which would tend to decrease the amount of the regular
annual assessment upon a finding by the City that such a decrease could
or would adversely affect the long-run maintenance of the condominium
structure and/or its common areas. To enable the City to exercise such
optional veto, the declaration shall provide that association actions
to decrease the annual assessment shall not become effective until
sixty (60) days after a notice of such action is given to the City.
- i. Utility
easements over private streets and other areas for all condominium
projects. If the condominium project contains private streets,
provisions shall be made for a public utility easement over the entire
private street network. public utility easements adjacent to public
streets or over other portions of the project to accommodate fire
hydrants, water meters, street furniture, storm drainage, sanitary
sewers, water and gas mains, electrical lines, and similar urban
infrastructure may also be required.
(Ord. 2756 c.s., eff. January 18, 1996 as amended by Ord. No. 2892-02, eff.
September 19, 2002)
(back to top of page)