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(A) Except for buildings located within developments of new condominium projects, site condominium projects, cluster subdivisions and P.U.D. (planned unit development) projects where the developer’s plans for private roads are specifically approved by the city’s Planning Commission as a part of the project review or site plan review process, no building permits shall be issued for construction of any residence or other structure upon any lot or parcel of land which is not directly and exclusively accessible to and also abutting a public roadway which has been accepted by the City of Burton and is maintained by the Road Department of the City of Burton as a public roadway. Provided, however, that this shall not prohibit the erection of additions and accessory buildings to existing dwellings already erected and in use at the time of adoption of this section.
(1) Any residence or structure which gives access to such a public roadway across land not solely owned by the applicant for the building permit shall be deemed not to be abutting the public roadway within the meaning of this section.
(2) This section shall not prohibit the issuance of a building permit and the erection of new structures and new dwellings upon lots which have been purchased by individuals and upon which monies have been expended by the purchasers prior to the effective date of this section in anticipation of being able to erect a dwelling for the personal use and occupancy of the purchaser of the lot, even though the lot is not serviced by a public road as defined in this section.
(3) Provided, however, that at the time of issuance of the building permit for any lot not serviced by a public road as defined in this section, the Building Inspector of the city shall note upon that building permit the following:
“This building permit is being issued authorizing the construction of a dwelling upon lands which are not serviced by public roads. The owner of such lot is herewith advised that any roads providing access to these lands appears to be a private road.
Private roads are not maintained or serviced by the City of Burton. Such private roads will not be graded, graveled nor provided with snow removal by any public agency. Fire protection and police protection may not be available to these lands if the roadway providing access to the lands is impassable.
State law requires that the owner of these premises, when selling the same, advise the purchaser thereof by written instrument, that the premises are not serviced by a public roadway and are not maintained by the City of Burton.”
(4) Failure of the Building Inspection Department to give the above notice upon the building permit shall not impose any liability whatever upon the city.
(B) Any residence or structure which has its only access to such a public roadway across a privately owned roadway easement which services any land other than the land of the applicant for the building permit, or services more than 1 residence, shall be deemed not to have direct and exclusive access to a public roadway as described in subsection(A) of this section, and no building permit shall be issued for any such residence or structure.
(C) The City Council may at any regular or special meeting approve the issuance of a building permit for construction upon a lot or parcel of land not directly and exclusively accessible to and also abutting a public roadway upon such terms and conditions as the Council shall deem necessary for the preservation of public health, safety, and welfare.
(A) The Building Inspector of the City of Burton, or his or her designate, shall conduct an inspection of all multiple dwellings located within the City of Burton. The maximum period between inspections of a multiple dwelling shall be not greater than 3 years.
(B) Multiple dwellings which have been inspected by the State of Michigan, or any agency of the State of Michigan, or, governmental unit shall be exempt from inspection by the City of Burton for a period of 3 years from the date of its last such inspection, provided that the results of the inspection are provided to the City of Burton.
(C) (1) In accordance with § 127 of the Michigan Housing Law (M.C.L.A. § 125.527), in a non-emergency situation the city may obtain a warrant from the 67th Judicial District Court when the owner or occupant of the subject premises denies voluntary entrance for purposes of the inspection of the premises. The city’s request for the warrant shall state the address of the building to be inspected, the nature of the inspection, the reason for the inspection, and that the warrant is requested pursuant to this section and § 127 of the Michigan Housing Law, as amended.
(2) If the Court finds that the warrant is in proper form and in accord with § 127 of the Michigan Housing Law and the term of this section, it shall be issued forthwith.
(3) In the event of an emergency no warrant shall be required.
(D) The City Council shall establish a fee for the inspections and re-inspection required and necessitated by the adoption of this section. The fees shall be established and from time to time amended by resolution of the Council.
(E) The failure of the owner or occupant of the unit to be inspected to involuntarily allow for the inspection as herein required shall be deemed responsible for a municipal civil infraction.
(F) The failure to correct any violation discovered by the inspection of any unit within 10 days from the date of the issuance of a notice of the violations shall be deemed a municipal civil infraction.
SITE CONDOMINIUM PROJECTS
For the purpose of this ordinance or rules or regulations adopted pursuant to it, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 - 559.272, as amended.
CONDOMINIUM DOCUMENTS. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
CONDOMINIUM LOT. The condominium unit, including the condominium unit and the contiguous limited common element surrounding the condominium unit, and shall be the counterpart of “lot” as used in connection with a project developed under the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 - 560.293, as amended.
CONDOMINIUM UNIT. The portion of a condominium project assigned and intended for separate ownership and use, as described in the master deed.
GENERAL COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
MASTER DEED. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Condominium Act, § 8.
SITE CONDOMINIUM. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed.
(A) Each condominium lot shall be located within a zoning district that permits the proposed use.
(B) Each condominium lot shall front on and have direct access to a public street or a private street approved by City Council. Approval for a private street may be conferred by City Council between preliminary and final site plan approval by the Planning Commission. An approved private street shall comply with the same standards for public subdivision streets.
(C) For the purposes of this ordinance, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located.
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