State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-08 > 57-8-35

57-8-35. Effect of other laws -- Compliance with ordinances and codes -- Approvalof projects by municipality or county.
(1) The provisions of this chapter shall be in addition and supplemental to all otherprovisions of law, statutory or judicially declared, provided that wherever the application of theprovisions of this chapter conflict with the application of such other provisions, this chapter shallprevail: provided further, for purposes of Sections 10-9a-604, 10-9a-611, and 17-27a-603 andprovisions of similar import and any law or ordinance adopted pursuant thereto, a condominiumproject shall be considered to be a subdivision, and a condominium plat or supplement theretoprepared pursuant to this chapter shall be considered to be a subdivision map or plat, only withrespect to:
(a) such real property or improvements, if any, as are intended to be dedicated to the useof the public in connection with the creation of the condominium project or portion thereofconcerned; and
(b) those units, if any, included in the condominium project or portion thereof concernedwhich are not contained in existing or proposed buildings.
(2) Nothing in this chapter shall be interpreted to state or imply that a condominiumproject, unit, association or unit owners, or management committee is exempt by this chapterfrom compliance with the zoning ordinance, building and sanitary codes, and similardevelopment regulations which have been adopted by a municipality or county. Nocondominium project or any use within said project or any unit or parcel or parcel of landindicated as a separate unit or any structure within said project shall be permitted which is not incompliance with said ordinances and codes.
(3) From and after the time a municipality or county shall have established a planningcommission, no condominium project or any condominium plat, declaration, or other material asrequired for recordation under this chapter shall be recorded in the office of the county recorderunless and until the following mentioned attributes of said condominium project shall have beenapproved by the municipality or county in which it is located. In order to more fully avail itselfof this power, the legislative body of a municipality or county may provide by ordinance for theapproval of condominium projects proposed within its limits. This ordinance may include andshall be limited to a procedure for approval of condominium projects, the standards and thecriteria for the geographical layout of a condominium project, facilities for utility lines and roadswhich shall be constructed, the percentage of the project which must be devoted to common orrecreational use, and the content of the declaration with respect to the standards which must beadhered to concerning maintenance, upkeep, and operation of any roads, utility facilities,recreational areas, and open spaces included in the project.
(4) Any ordinance adopted by the legislative body of a municipality or county whichoutlines the procedures for approval of a condominium project shall provide for:
(a) a preliminary approval, which, among other things, will then authorize the developerof the condominium project to proceed with the project; and
(b) a final approval which will certify that all of the requirements set forth in thepreliminary approval either have been accomplished or have been assured of accomplishment bybond or other appropriate means. No declaration or condominium plat shall be recorded in theoffice of the county recorder until a final approval has been granted.

Amended by Chapter 254, 2005 General Session