(A) Intent. Pursuant to the authority conferred by Public Act 59 of 1978 (the Condominium Act), as amended, all expandable, conversion and site condominium developments shall be regulated by the provisions of this chapter and approved by the Planning Commission.
(B) General requirements.
(1) Each condominium lot shall be located within a zoning district that permits the proposed use.
(2) Each condominium lot shall front on and have direct access to a public street approved by the city.
(3) For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.
(4) In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot.
(5) Site plans for new projects. Prior to recording of the Master Deed required by Section 72 of Public Act 59 of 1978, as amended, the condominium development shall undergo site plan review and approval pursuant to § 155.286 of this chapter. In addition, the city shall require appropriate engineering plan reviews prior to issuance of building permits and inspections and final approvals prior to the issuance of any certifications of occupancy.
(6) Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to § 155.286 of this chapter.
(7) Monuments required. All condominium developments that consist in whole or in part of condominium units, which are building sites, shall be marked with monuments as provided in this subchapter.
(a) 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.
(b) Monuments shall be located in the ground at all angles in the boundaries of the condominium developments. They shall be at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development; 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 and at all angles of an intermediate traverse line. It is not intended nor required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily re-established by reference to monuments along the sidelines of the streets.
(c) 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.
(d) 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.
(e) All required monuments shall be place flush with the ground where practicable.
(f) All unit corners and the intersection of all limited common elements shall be monumented in the field by iron or steel bars or iron pipe at least 18 inches long and ½ inch in diameter, or other approved markers.
(g) The City Council 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 city cash or certified check, or irrevocable bank letter of credit to the city, whichever the proprietor selects. The Council shall establish the amount by resolution. 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 place as required within the time specified.
(8) Compliance with federal, state, and local law. All condominium developments shall comply with federal and state statutes and local ordinances.
(9) The Building Official or other official responsible for code enforcement may allow occupancy of the condominium development before all improvements required by this chapter are installed provided that cash, a certified check, or an irrevocable bank letter of credit is submitted. The cash, certified check, or irrevocable bank letter shall be sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city.
(C) Initial information. Concurrently with notice required to be given the city pursuant to Section 71 of Public Act 59 of 1978, as amended (the Condominium Act), a person, firm or corporation intending to develop a condominium development shall provide the following information:
(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 development 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.
(c) The developer or proprietor of the condominium development.
(2) The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers.
(3) The acreage content of the land on which the condominium development will be developed.
(4) The purpose of the development and type of development.
(5) Approximate number of condominium units to be developed on the subject parcel.
(D) Single-family detached condominiums. A one-family detached condominium project shall be subject to all requirements and standards of the applicable R1-A through R1-C, One-Family Residential Districts, and the following site plan approval requirements.
(1) Site plan review requirements. A preliminary site plan pursuant to the standards and procedures set forth in § 155.286 of this chapter shall be submitted to the Planning Commission for review and action. Approval of the site plan and condominium documents, landscape and engineering plans by the Planning Commission shall be required as a condition to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until approval of the site plan, condominium documents and engineering plans has been granted by the Planning Commission. Preliminary site plan approval shall be granted prior to review of condominium documents, landscape and engineering plans.
(2) The design of a single-family detached condominium project shall be subject to the design layout and engineering standards, as provided in division (4) below, except as otherwise provided by this chapter.
(3) Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the preliminary and final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall declare easements to the city for public water and sanitary sewer lines and appurtenances.
(4) Location arrangement and design of street.
(a) The street layout shall provide for the continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided; or conform to a plan for a neighborhood unit drawn up and adopted by the Planning Commission.
(b) The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.
(c) Should a proposed development border on or contain an existing or proposed major thoroughfare, the Planning Commission may require marginal access streets, reverse frontage, or such other treatment a may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.
(d) Should a proposed development border on or contain a railroad, expressway, or other limited access highway right-of-way, the Planning Commission may require the location of a street approximately parallel to and on each side of such right-of-way. Should this be required, the street shall be at a distance suitable for the development of an appropriate use of the intervening land, such as for parks, in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.
(e) The minimum street grade shall not be less than 0.5%. The maximum street grade shall be 5.0%, except that the Planning Commission may modify this standard on the recommendation of the City Engineer.
(f) Streets shall be laid out so as to intersect as nearly as possible to 90º.
(g) Street jogs with centerline offsets of less than 125 feet shall be avoided.
(h) Sight distances on horizontal or vertical curves and at intersecting roads shall be a minimum of 200 feet. Sight distance for intersecting streets shall be measured 10 feet from the edge of the traveled portion of the road and from an eye height of 3.5 feet to an object height of 3.5 feet.
(i) All types of streets must have a right-of-way width of 60 feet and a pavement width of at least 24 feet.
(j) Cul-de-sacs must have a right-of-way radius of 60 feet and a pavement width of 45 feet.
(k) The maximum length for residential cul-de-sac streets shall generally be 500 feet; however, the Planning Commission may approve a distance of up to 1,000 feet.
(l) All pavements shall be asphalt or concrete pavement with concrete curb and gutter on each side in accordance with the standards prescribed by the City Engineer.
(5) Blocks.
(a) Blocks shall not exceed 1,000 feet in length, except at the discretion of the Planning Commission, conditions may justify a greater distance. Blocks shall be in a grid or modified grid pattern and connected to the abutting street system following principles of good street design.
(b) Width of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.
(6) Natural features and character of land must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, water courses, and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the dedication and provision or adequate barriers, where appropriate, shall be required.
(7) Walkways shall be installed in all single-family detached condominium developments. Such walkways shall be a minimum of five feet in width and shall be constructed of concrete four inched thick. In addition, walkways shall be located on both sides of all interior roadways and so located as to provide access to all general common areas. Upon review of the site plan, the Planning Commission may approve alternative locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.
(8) Architectural character.
(a) Residential standards.
1. Architectural features, as required in § 155.072 shall be complied with.
2. Attached townhome units shall meet the requirements of § 155.121, Townhomes and duplexes, as determined by the Planning Commission, upon recommendation of the City Planner.
3. Front doors with porches are required. Porches shall be minimally six feet in depth.
4. The front facade shall be composed of at least 75% brick or decorative masonry. Decorative masonry cannot extend above the first floor elevation.
(b) Non-residential standards.
2. Entry doors shall be located on at least one public street.
3. The primary street facade shall be designed and constructed with at least 60% transparent glass.
(9) Utilities.
(a) An adequate storm drainage system including necessary storm sewers, catch basins, manholes, culverts, bridges, and other appurtenances shall be required in all developments.
(b) A public sanitary sewer system shall be required.
(c) A public water supply system shall be required.
(d) The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services distributed by the wire or cable to the placed underground entirely throughout the development area. Such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways, provided only that overhead lines may be permitted upon written recommendation of the City Engineer and the approval of the Planning Commission at the time of site plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design, and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations that traverse privately held property shall be protected by easements granted by the proprietor.
(E) Review of condominium documents and engineering and landscape plans.
(1) Following preliminary site plan approval, the applicant shall submit condominium documents to the city for the review by the City Attorney and other appropriate staff. The city shall review the condominium documents with respect to all matters subject to regulation.
(2) Following preliminary site plan approval, the applicant shall submit landscape and engineering plans in sufficient detail for the city to determine compliance with applicable laws, ordinances and design standards for construction of the project.
(3) Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the applicable department, the engineering plan and associated documents shall be submitted to the Planning Commission for final review and action.
(4) If the condominium documents and engineering plans conform in all respects to applicable laws, ordinances and design standards, the Planning Commission shall grant preliminary development approval.
(F) Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to § 155.286, Site plan review.
(1) The Planning Commission shall deny preliminary approval, if the condominium documents and engineering plans fail to conform to standards.
(2) Performance guarantee. The Planning Commission, as a condition of preliminary approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 155.293, Performance guarantee, of this chapter for the completion of improvements associated with the proposed use.
(3) Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Community Development Department:
(a) A copy of the recorded condominium documents including, but not limited to, the master deed and all exhibits.
(b) A copy of any recorded restrictive covenants.
(c) A copy of the final site plan on Mylar sheets in 11" X 17" and 24" X 36" formats at standard engineering scales and acceptable to the city.
(d) Evidence of completion of improvements associated with the proposed use including two copies of an “as-built survey”.
(G) Revision of site condominium plan. Revision to preliminary site plan shall be submitted for review and approval by the Planning Commission before any building permit may be issued.
(1) Amendment of condominium documents. Amendment to a master deed or bylaws that affects the approved site plan, or any conditions of approval of a site plan, shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require changes in the site plan.
(2) Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents and provided for in Public Act 59 of 1978 (the condominium act,) as amended shall comply with all regulations of the zoning district in which located and shall be approved by the Building Department. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
(3) Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents and provided for in Public Act 59 of 1978 (the condominium act,) as amended, shall comply with all regulations of the zoning district in which located, and shall be approved by the Building Department. These requirements shall be made a part of the recorded condominium documents.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)