57-8-35. Effect of other laws -- Compliance with ordinances and codes -- Approval
of projects by municipality or county.
(1) The provisions of this chapter shall be in addition and supplemental to all other
provisions of law, statutory or judicially declared, provided that wherever the application of the
provisions of this chapter conflict with the application of such other provisions, this chapter shall
prevail: provided further, for purposes of Sections 10-9a-604, 10-9a-611, and 17-27a-603 and
provisions of similar import and any law or ordinance adopted pursuant thereto, a condominium
project shall be considered to be a subdivision, and a condominium plat or supplement thereto
prepared pursuant to this chapter shall be considered to be a subdivision map or plat, only with
respect to:
(a) such real property or improvements, if any, as are intended to be dedicated to the use
of the public in connection with the creation of the condominium project or portion thereof
concerned; and
(b) those units, if any, included in the condominium project or portion thereof concerned
which are not contained in existing or proposed buildings.
(2) Nothing in this chapter shall be interpreted to state or imply that a condominium
project, unit, association or unit owners, or management committee is exempt by this chapter
from compliance with the zoning ordinance, building and sanitary codes, and similar
development regulations which have been adopted by a municipality or county. No
condominium project or any use within said project or any unit or parcel or parcel of land
indicated as a separate unit or any structure within said project shall be permitted which is not in
compliance with said ordinances and codes.
(3) From and after the time a municipality or county shall have established a planning
commission, no condominium project or any condominium plat, declaration, or other material as
required for recordation under this chapter shall be recorded in the office of the county recorder
unless and until the following mentioned attributes of said condominium project shall have been
approved by the municipality or county in which it is located. In order to more fully avail itself
of this power, the legislative body of a municipality or county may provide by ordinance for the
approval of condominium projects proposed within its limits. This ordinance may include and
shall be limited to a procedure for approval of condominium projects, the standards and the
criteria for the geographical layout of a condominium project, facilities for utility lines and roads
which shall be constructed, the percentage of the project which must be devoted to common or
recreational use, and the content of the declaration with respect to the standards which must be
adhered 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 which
outlines the procedures for approval of a condominium project shall provide for:
(a) a preliminary approval, which, among other things, will then authorize the developer
of the condominium project to proceed with the project; and
(b) a final approval which will certify that all of the requirements set forth in the
preliminary approval either have been accomplished or have been assured of accomplishment by
bond or other appropriate means. No declaration or condominium plat shall be recorded in the
office of the county recorder until a final approval has been granted.
Amended by Chapter 254, 2005 General Session
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Last revised: Thursday, May 28, 2009