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.)