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.)
(a) Required. Prior to final review and approval of a site condominium project plan by the City Council, a preliminary site condominium project plan shall be reviewed by the Planning Commission in accordance with the procedures, standards and requirements provided by this chapter.
(b) Application Submittal Requirements. An application for preliminary site plan review, along with twelve sets of the plan, shall be submitted to the Community Development Director at least four weeks prior to the next scheduled Planning Commission meeting along with a fee as set by the City Council. The application shall at a minimum, contain the following information:
(1) The applicant's name, address, and phone number.
(2) Proof that the applicant is the owner of the property or has a legal or financial interest in the property such as a purchase agreement.
(3) The name, address and phone number of the owner(s) of record if different than the applicant.
(4) The address of the property.
(5) A legal description or the permanent parcel number of the property.
(6) A project description.
(7) The size of the parcel in acres.
(8) The signature of the applicant and the owner of the property.
(c) Technical Review. The Community Development Director shall review the preliminary plan for compliance with ordinance requirements. Copies may also be sent to the City Planner, the City Engineer, the Fire Chief and the Police Chief as deemed necessary. The site plan shall be reviewed for compliance with the requirements of this chapter and a report prepared for the Planning Commission.
(d) Requirements for Preliminary Plans. The preliminary plan shall, at a minimum, contain those items required by Section 1224.02 of the Subdivision Regulations. In addition the following requirements and standards shall apply:
(1) The site condominium shall be constructed in accordance with Chapter 1232 of the Subdivision Regulations.
(2) A condominium project plan shall include the documents and information required by Section 66 of the Condominium Act (M.C.L. 559.166; M.S.A. 26.50(16)), including the signature and seal of the architect, land surveyor, or engineer who prepares the plan.
(3) A statement describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities, and a statement from the District County Health Department indicating the suitability of the land for the operation of septic tanks, if proposed, shall be included.
(4) All private streets in a site condominium shall comply with the standards for City public street construction.
(5) The location of any and all general and limited common elements, as well as the use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the Master Deed, shall be included.
(6) A storm drainage and a storm water management plan, including all lines, swales, drains, basins, and other facilities and easements granted to the appropriate municipality for installation, repair and maintenance of all drainage facilities, shall be included.
(7) In its review of a site condominium project plan, the Planning Commission may consult with the City Manager, City Planner, City Engineer, or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design, or other aspects of the proposed project.
(8) The Planning Commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the District Health Department, County Road Commission, County Drain Commission, Michigan Department of Natural Resources, Michigan Department of Public Health, Michigan Department of Environmental Quality and other appropriate State and County review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium project.
(9) The building site for each site condominium unit shall comply with all applicable provisions of this Zoning Code for the zoning district in which it will be located, including minimum lot area, minimum lot width, required front, side and rear yards, and maximum building height. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side or rear yards shall be determined by measuring the distance from the equivalent front, side, or rear yard boundaries of the building site closest respective front, side or rear boundary of the building envelope. Building setback lines showing dimensions from all streets and lot lines shall be illustrated on the project plan.
(10) If a site condominium project is proposed to have public streets, the streets shall be paved and developed to the minimum design, construction, inspection, approval and maintenance requirements for platted public streets as required by the City.
(11) The site condominium project shall be connected to the City water and sanitary sewer facilities in accordance with the City of Ionia Municipal Standards Ordinance.
(12) The names of abutting developments, if any, shall be included.
(13) A map of the entire area scheduled for development, if the proposed project is a portion of a larger holding intended for subsequent development, shall be included.
(14) The land use and existing zoning of the proposed project shall be included. Zoning and land use on adjacent parcels should also be illustrated.
(15) A table listing the proposed lots by number, and the respective lot area for each lot, shall be included.
(16) Additional information which will assist the applicant in proceeding in a reasonable and sound manner toward final approval of the project shall be included.
(e) Planning Commission Review.
(1) Preliminary site condominium plans shall be referred to the Planning Commission, which shall consider the preliminary plan and make a recommendation to the City Council. Such consideration and recommendation shall take place following a public hearing by the Planning Commission on the preliminary plan. For such hearing, notice shall be given as required by Section 1240.07.
The preliminary plan, together with meeting minutes showing the action of the Planning Commission, shall be referred to the City Council for review and action.
(2) If the preliminary project plan does not meet all requirements contained herein, the Planning Commission shall notify the applicant by letter indicating any additional information or changes required.
(Ord. 390. Passed 3-6-01; Ord. 469. Passed 10-6-09.)
(a) After receiving the Planning Commission's recommendations on the preliminary plan, the applicant shall submit to the Community Development Director twelve copies of a final site condominium development plan which complies with the requirements for a preliminary site condominium project plan. The applicant shall also submit copies of reviews by those agencies with jurisdiction over the project. The Community Development Director shall forward the copies of the final plan and other information to the City Council.
(b) The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the Planning Commission based on its prior review of the preliminary plan. If any of the Planning Commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify in writing which recommendations have not been incorporated and the reasons why those recommendations have not been incorporated. Except for changes made to the plan as necessary to incorporate the recommendations of the Planning Commission, the final plan shall otherwise be identical to the preliminary plan which was reviewed by the Planning Commission. Changes made to the plan other than those necessary to incorporate the recommendations of the Planning Commission shall be reviewed by the Planning Commission as provided by this chapter prior to approval of the plan by the City Council.
(c) After receiving the Planning Commission's recommendations on the preliminary plan and a final site condominium development plan from the applicant, the City Council shall review and may approve, deny or approve with conditions the plan in accordance with the standards and requirements of the Subdivision Regulations and other applicable procedures, standards and requirements provided by this chapter.
(d) The City Council may grant tentative approval of the project and shall set forth in writing the requirements that must be met for approval.
(e) The City Council shall not review, approve or reject a final project plan until it has received a report and recommendation from the Planning Commission on the preliminary project plan.
(f) As a condition of approval of a final site condominium project plan:
(1) The City Council may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Council, covering the estimated cost of improvements associated with the site condominium project for which approval is sought, be deposited with the City Clerk.
(2) The City Council may impose additional reasonable conditions of approval necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility load caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
(g) Approval of a final site condominium project plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the City Council in compliance with the procedures, standards, and requirements of this chapter.
(Ord. 390. Passed 3-6-01.)
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