(a) As used in this chapter:
(1) Commission or Planning Commission. "Commission" or "Planning Commission" means the Planning Commission of the City.
(2) Condominium. "Condominium" means the ownership of a condominium unit and the space enclosed by the description thereof as contained in the master deed in a multiple unit structure, together with ownership of an interest in common elements.
(3) Condominium Act. "Condominium Act" means Act No. 59 of the Public Acts of 1978, as amended.
(4) Condominium Project. "Condominium project" means a plan or project consisting of not less than four (4) condominium units in existing or proposed buildings or structures established and approved in conformity with the provisions of the Condominium Act. No condominium project shall be composed of one (1) or more mobile homes or trailer coaches.
(5) Condominium Subdivision Plan. "Condominium subdivision plan" means the captioned plan showing the permanent identification numbers assigned to the several condominium units in the condominium project and recorded as a part of the master deed.
(6) Condominium Unit. "Condominium unit" means that portion of the condominium project designed and intended for separate ownership or use, as described in the master deed.
(7) Co-Owner. "Co-owner" means a person who owns one (1) or more apartments within the condominium project.
(8) Developer or Owner. "Developer" or "owner" means any person having a sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop under this chapter as applicable.
(9) General Common Elements. "General common elements" means and includes:
A. The land in the condominium project;
B. The foundations, main walls, roofs, halls, lobbies, stairways, entrances, exits, or communication ways;
C. The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated;
D. The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated;
E. The compartments or installations of central services such as heating, power, light, gas, cold and hot water, refrigeration, air-conditioning, reservoirs, water tanks and pumps and the like;
F. The elevators, incinerators and, in general, all devices or installations existing for common use; and
G. All other elements of the condominium project intended for common use or necessary to the existence, upkeep and safety of the project.
(10) Limited Common Elements. "Limited common elements" means and includes those common elements which are reserved in the master deed for the use of specified apartments to the exclusion of the other apartments.
(11) Lot. "Lot" means a parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale, lease or separate use.
(12) Majority of Co-Owners. "Majority of co-owners" means fifty-one (51) percent of the co-owners in number and in value of their share of the total property in accordance with the percentage allocated to each apartment in the master deed.
(13) Master Deed. "Master deed" means the deed recording the condominium project as approved by the Michigan Department of Commerce, Securities Bureau, following its prior approval by the Planning Commission and Council in accordance with the provisions of this chapter, including:
A. An accurate legal description of the land involved in the project;
B. A complete set of architectural plans showing details of all structures and improvements, including the location thereof on the land, the size, location, area, volume, vertical and horizontal boundaries and condominium subdivision plan number for each individual apartment, and the nature, size and location of all general and limited common elements;
C. A statement designating the apartments served by limited common elements and clearly defining the rights therein;
D. A complete description for each apartment, identified with the applicable condominium subdivision plan number and sufficient to enable a competent land surveyor to relocate accurately the space enclosed by the description without reference to the structure itself, with elevations therein referenced to an official bench mark of the United States Coast and Geodetic Survey. The use of the Michigan Coordinate System for this purpose shall be permitted.
E. A condominium subdivision plan assigning numbers serially to the several apartments included in the project;
F. A statement showing a total value for the condominium project and the percentage thereof assigned to each individual apartment, identifying the apartments by the numbers assigned on the condominium subdivision plan; and
G. The approved bylaws for the project.
(14) Michigan Coordinate System. "Michigan Coordinate System" means the system defined in Act No. 9 of the Public Acts of 1964, as amended, being Sections 54.231 to 54.239 of the Compiled Laws of 1948, State of Michigan.
(15) Plan, Master. "Master Plan" means a comprehensive plan prepared by the Planning Commission which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
(16) Property. "Property" means and includes the land and the buildings, all improvements and structures thereon and all easements, rights, and appurtenances belonging thereto.
(17) Single Unit. "Single unit" does not include a mobile home or trailer coach as defined in Act No. 243 of the Public Acts of 1959, as amended.
(18) Site Condominium. "Site condominium" means a condominium development consisting of single-family detached residential dwelling units.
(19) Street. "Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, drive, boulevard, lane, place, court, or by any other name designated.
(20) Street, Arterial. "Arterial street" means a street used primarily for fast or heavy traffic.
(21) Street, Collector. "Collector street" means a street which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such development.
(22) Street, Cul-de-Sac. "Cul-de-sac" or "dead-end street" means a minor street with only one (1) open end and with the other end being terminated by a vehicular turn-around.
(23) Street, Marginal Access. "Marginal access street" means a minor street which is parallel to and adjacent to arterial streets and highways and which provides access to abutting properties and protection from through traffic.
(24) Street, Minor. "Minor street" means a street used primarily for access to abutting properties.
(25) Subdivider. "Subdivider" means any person commencing proceedings under the Subdivision Regulations to effect a subdivision of land thereunder for himself or herself or for another.
(26) Subdivision. "Subdivision" means the partitioning or dividing of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale, lease for more than one (1) year or building development, where the act of division creates five (5) or more parcels of land, each of which is ten (10) acres or less in area and each of which is created by successive divisions within a period of ten (10) years.
(27) To Record. "To record" means to record pursuant to the laws of the State relating to the recording of deeds, but the provisions of Act No. 172 of the Public Acts of 1929, as amended, being Sections 560.1 to 560.80 of the Compiled Laws of 1948, shall not control divisions made for any condominium project.
(28) Width, Lot. "Lot width" means the width of the lot measured along the minimum building setback line, except for lots which front on the concave side of a curving street, where the width of the lot shall be measured sixty (60) feet back from the front lot line.
(Res. 24-95. Passed 2-13-95.)