1272.01 Purpose and scope.
1272.02 Definitions.
1272.03 Administration.
1272.04 Schedule of fees.
1272.05 Review of preliminary plans by the Planning Commission.
1272.06 Review and approval of final plans by City Council.
1272.07 Construction in compliance with approved final site condominium project plan.
1272.08 Review and approval of changes to approved site condominium project.
1272.09 Incorporation of approved provisions in the Master Deed.
1272.10 Approval effective for one year.
1272.11 Variances.
CROSS REFERENCES
Zoning and planning in home rule cities - see M.C.L.A. § 117.4i
Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. § 125.581
Regulation of buildings; authority to zone - see M.C.L.A. § 125.582
Uses of land or structures not conforming to ordinances; powers of legislative bodies; acquisition of property - see M.C.L.A. § 125.583a
Conversion of one-family structures - see P. & Z. 1250.04
General exceptions - see P. & Z. 1286.08
Distance spacing for multiple dwellings - see P. & Z. Appx. XI
(a) The purpose of this chapter is to provide procedures for the orderly use and development of property which is not otherwise regulated by the Michigan Land Division Act, Act 591 of the Public Acts of 1996, as amended. This chapter ensures that a site condominium development shall be reviewed with the objective and intent of achieving many of the same characteristics and land use results as if the proposed development and improvements were being reviewed under the City of Ionia Subdivision Regulations. This chapter identifies minimum standards for the development of property as site condominiums in the City, and sets forth procedures to be followed by the City in applying these rules, regulations and standards.
(b) In addition, the purpose of this chapter is to:
(1) Provide for orderly growth and harmonious development of the City consistent with orderly growth policies;
(2) Secure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares, adjoining subdivisions, and public facilities;
(3) Achieve adequate provisions for water, drainage, and sanitary facilities and other health requirements;
(4) Encourage the provision of recreational areas and facilities, school sites and other public facilities;
(5) Ensure against the creation of unsafe or undesirable conditions;
(6) Regulate the density of development in relation to the availability of, or lack of, utilities service;
(7) Conserve natural features;
(8) Carry out the purpose and intent of the City’s Master Plan and this chapter; and
(9) Provide procedures for the achievement of these purposes.
(c) Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of vacant air space within which a building or other improvements may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit.
(d) Either the condominium unit by itself, or the condominium unit taken together with any contiguous, appurtenant limited common element, shall be considered to constitute a building site which is the functional equivalent of a lot for purposes of determining compliance with the requirements of this Zoning Code and other applicable laws, ordinances and regulations. Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets, and other areas available for use by all owners of condominium units within the project.
(Ord. 390. Passed 3-6-01.)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Building envelope means the area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project. In a single-family residential site condominium project, the building envelope refers to the area of each condominium within which the dwelling and any accessory structures may be built.
(b) Condominium Act means Act 59 of the Public Acts of 1978 (M.C.L. 559.101 et seq.; M.S.A. 26.50(101) et seq.).
(c) Condominium project means a condominium project developed under the Condominium Act.
(d) Condominium structure means the principal building or structure intended for or constructed upon a lot or building site, together with any attached accessory structures; e.g. in a residential development, the condominium structure would refer to the house and any attached garages.
(e) Condominium unit means a condominium unit established in compliance with the Condominium Act, which consists of an area of vacant land and a volume of vacant air space, designed and intended for separate ownership and used as described in the site condominium project master deed, and within which a building or other improvement may be constructed by the condominium unit owner.
(f) Exempt change means a change to a site condominium project (other than a major or minor change) that is exempt from review and approval as required for major or minor changes under this chapter. Exempt changes shall be limited to the following:
(1) A change in the name of the project, in the name of a street within the project, or in the name of the developer of the project;
(2) A change in the voting rights of co-owners or mortgagees; or
(3) Any other change in the site condominium project which, as determined by the Community Development Director, does not constitute a major or minor change or will not otherwise change the site configuration, design, layout, topography or any other aspect of a project which is subject to regulation under this chapter.
(g) Limited common element means an area appurtenant to a site condominium unit and reserved in the master deed for the site condominium project for the exclusive use of the owner of the site condominium unit.
(h) Lot means the same as building site and is that portion of a condominium project designed and intended for separate ownership and/or exclusive use, as described in the master deed. “Lot” may be further defined as:
(1) A condominium unit consisting of the area under a building envelope and the contiguous area around the building envelope which, by itself, meets the minimum area and yard requirements for lots as required by this chapter; or
(2) The contiguous limited common element under and surrounding a condominium unit that is or shall be assigned to the owner of the condominium unit for the owner’s exclusive use, and which, together with the condominium unit, meets the minimum area and yard requirements for lots as required by this chapter.
(i) Major change means a change in the site configuration, design, layout or topography of a site condominium project (or any portion thereof), including any change that could result in:
(1) An increase of twenty percent or more in the number of site condominium units;
(2) Any other change in the site configuration, design, layout, topography, or other aspect of the project subject to regulation under this chapter, including, without limitation, a change in the location of streets and utilities, or in the size, location, area, horizontal boundaries or vertical boundaries of a site condominium unit, and which is determined by the Planning Commission to constitute a major change to the site condominium project.
(j) Master deed means the legal document prepared and recorded pursuant to the Condominium Act to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.
(Ord. 390. Passed 3-6-01.)
To ensure that site condominium projects comply with this chapter, preliminary review of site condominium project plans by the Planning Commission is required followed by final review and approval by the City Council, as provided by the Condominium Act. Site condominium projects may be approved as provided by this chapter in any zoning district for the uses permitted in the zoning district in which the project is located.
(3) (Ord. 390. Passed 3-6-01.)
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