The following regulations shall apply to all condominium projects within the village.
(A) Initial information. Concurrently with notice required to be given to the village pursuant to Public Act 59 of 1978, § 71, being MCL 559.171, as amended, a person, firm or corporation intending to develop a condominium project shall provide the following information with respect to the project:
(1) The name, address and telephone number of:
(a) All persons, firms or corporations with an ownership interest in the land on which the condominium project will be located, together with a description of the nature of each entity’s interest (for example, fee owner, optionee or land contract vendee);
(b) All engineers, attorneys, architects or registered land surveyors associated with the project; and
(c) The developer or proprietor of the condominium project.
(2) The legal description of the land on which the condominium project will be developed, together with the appropriate tax identification numbers;
(3) The acreage content of the land on which the condominium project will be developed;
(4) The purpose of the project (for example, residential, commercial, industrial); and
(5) Approximate number of condominium units to be developed in the subject parcel.
(B) Information to be kept current. The information shall be furnished to the Zoning Administrator and shall be kept updated until such time as a certificate of occupancy has been issued pursuant to this chapter.
(C) Site plans—new projects, master deed and engineering and inspection. Prior to recording of the master deed required by Public Act 59 of 1978, § 72, being MCL 559.108, as amended, the condominium project shall undergo site review and approval pursuant to § 154.185 of this code. In addition, the village shall require appropriate engineering plans and inspections prior to the issuance of any certificate of occupancy.
(D) Site plans—expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land, the new phase of the project shall undergo site plan review and approval pursuant to § 154.185 of this code.
(E) Master deed, restrictive covenants and as-built survey to be furnished.
(1) The condominium project developer or proprietor shall furnish the Zoning Administrator with the following:
(a) One copy of the recorded master deed;
(b) One copy of all restrictive covenants; and
(c) Two copies of an “as-built survey.”
(2) The “as-built survey” shall be reviewed by the Zoning Administrator for compliance with village ordinances. Fees for this review shall be established by resolution of the Village Council.
(F) Monuments required—site condominium projects. All condominium projects which consist, in whole or in part, of condominium units which are building sites, mobile home sites or recreational sites shall be marked with monuments as provided in this division (F).
(1) Monuments shall be located in the ground and made according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.
(2) All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.
(3) Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at the intersection lines of streets, and at the intersection of the lines of streets with the boundaries of the condominium project, and at the intersection of alleys with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and at the intersection of all limited common elements and common elements.
(4) If the required location of a monument is in an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.
(5) If a point required to be monumented is on a bedrock outcropping, a steel rod at least one- half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.
(6) All required monuments shall be placed flush with the final ground elevation, where practicable.
(7) All unit corners shall be monumented in the field by iron or steel bars or in iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.
(8) The Planning Commission may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the Village Clerk cash or a certified check, or an irrevocable bank letter of credit turning to the village, whichever the proprietor selects, in any amount not less than $50 per monument and not less than $200 in total. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.
(G) Monuments required—all condominium projects. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of division (F) above.
(H) State and county approval. The developer or proprietor of the condominium project shall establish that appropriate state and county approvals have been received with regard to the fresh water system for the proposed project and with regard to the waste water disposal system for the proposed project.
(I) Temporary occupancy. The Zoning Administrator may allow occupancy of the condominium project before all improvements required by this chapter are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the village. Zoning compliance permits shall be issued only in accordance with § 154.293 (zoning compliance permits) of this code.
(J) Single-family detached condominiums.
(1) Single-family detached condominiums shall be subject to all requirements and standards of the applicable R-1, R-2 and OS-1 Zoning Districts, including minimum floor area requirements and minimum lot size. For the purpose of computing density, the number of units per gross acre shall not exceed:
OS-1 District | 1 unit per acre |
R-1 District | 4.4 units per acre |
R-2 District | 5.4 units per acre |
(2) There shall be maintained a minimum distance of 70 feet from the center of one residential dwelling unit to the center of another residential dwelling unit. This 70-foot requirement shall be computed along the front building line. In addition, building envelopes shall be depicted on the site plan to assure that the minimum 25-foot front yard, 35-foot rear yard and eight-foot side yard can be met.
(3) This distance shall be measured from the outside limits of a building envelope to the outside limits of its constituent limited common area.
(K) Multiple-family, commercial and industrial condominiums. Two-family, multiple-family, commercial and industrial condominium projects shall be located only in those zoning districts allowing those uses as permitted, or conditional uses, and shall be subject to all of the requirements and standards of the zoning district in which they are located. Such standards shall include, but not be limited to, minimum floor area requirements, minimum lot size, density and the setback requirements of the provisions for the district in which the project is located.
(L) Site plan. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the village a copy of the site plan on a photographic hard copy, laminated photostatic copy or mylar sheet at least 12 by 16 inches, with an image not to exceed 10.5 by 14 inches.
(Ord. passed 1-7-1994, § 5.17.4)