(a) Purpose. The intent of this section is to provide regulatory standards for condominiums and condominium subdivisions similar to those required for projects developed under other forms of ownership. This section is not intended to prohibit or treat a proposed or existing condominium project different than a project or development under another form of ownership.
(b) Definitions. The definitions contained in Chapter 1260, General Provisions and Definitions, are intended to make comparison possible between the definitions of this Zoning Code and these Codified Ordinances.
(c) Application and Authority.
(1) The following review process shall apply to all condominium projects within the City.
(2) Concurrently with notice required to be given to the City pursuant to Section 71 of Act 59 of the Public Acts of 1978, as amended (MCLA 559.171), a person, firm, corporation or other legal entity intending to develop a condominium project shall file with the City Clerk the following information with respect to the project:
A. All names, addresses and telephone numbers of:
1. The person, firm, corporation or other legal entity with an ownership interest in the land on which the project will be located, together with a statement that the entity is a fee owner or land contract purchaser.
2. All engineers, attorneys, architects, and licensed land surveyors involved in the condominium project.
3. The developer or proprietor of the project.
B. The legal description of the land, including tax identification numbers.
C. The total acreage.
D. The intended use.
E. The number of units to be developed.
F. A copy of the proposed master deed.
(3) Condominium projects shall contain all information required by the Michigan Condominium Act.
(4) The information shall also be filed with the Building Superintendent at the time the information is filed with the City Clerk, and shall be kept current.
(d) Approval of Plans. All condominium plans must be approved by the Planning Commission following the same process identified for site plan review in Section 1296.01, Site Plan Review. In making a determination, the Planning Commission shall consult with the Building Superintendent, Community Improvement Director, City Attorney, City Engineer, and City Planner regarding the adequacy of the master deed, deed restrictions, utility systems, streets, project design and layout and compliance with the Michigan Condominium Act.
(e) Streets and Necessary Easements.
(1) Condominium projects with streets shall comply with all street requirements found in this Zoning Code and these Codified Ordinances. Projects which connect public streets shall have the project street dedicated to the public.
(2) The condominium plan shall include all necessary easements granted to the City for constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character (hereinafter called public structures) for the purpose of providing public utilities, including, but not limited to, conveyance of sewage, water and stormwater runoff across, through and under the property subject to such easement, and excavating and filling ditches and trenches necessary for the location of such structures.
(f) Setbacks and Boundaries. The setback requirements for condominium buildings shall be determined as follows:
(1) Single-family detached units.
A. The front yard setback shall be one-half (½) the approved or recorded street right-of-way, plus the current setback for the existing zoning district.
B. Side yard setbacks shall be twice the minimum required within the zoning district. The distance from the unit to the limit of development shall meet the minimum required side yard setback within the zoning district.
C. The rear yard setback between the rear of two (2) units shall be twice the minimum rear yard setback of the zoning district. The distance from the rear of the unit to the limits of the development shall meet the minimum rear yard setback of the zoning district.
(2) Multiple-family buildings. Multiple-family buildings shall meet the standards of the Multiple Family Residential District (MFRD).
(3) Boundary relocation. The relocation of boundaries as defined in Section 148 of the Michigan Condominium Act shall conform to all setback requirements of this section, and of the district in which the project is located, and shall be submitted to the Planning Commission for review and approval. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
(g) Common Elements. After construction of a condominium unit, the undeveloped area of a unit site shall become a common element.
(h) Encroachment. A condominium project shall not be constructed in a manner that intentionally creates an encroachment.
(i) Subdivision of Unit Sites. Subdivision of condominium unit sites is permitted with Planning Commission approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on conditions of zoning or site plan approval, and shall be made as part of the bylaws and recorded as part of the master deed.
(j) Conformance With Subdivision Regulations. All condominium project plans shall conform to the plan preparation requirements, design layout, and improvements standards as established within this Zoning Code or within these Codified Ordinances.
(k) Water and Waste Water. The condominium project shall comply with and meet all Federal, State, County, and City standards for a fresh water system and waste water disposal.
(l) Expansion and Conversion. Prior to expansion or conversion of a condominium project to additional land and a new phase, the same must be approved by the Planning Commission.
(m) Master Deed. The project developer shall furnish the City with one (1) copy of the proposed consolidated master deed, one (1) copy of the bylaws and two (2) copies of the proposed plans. The proposed plans shall be reviewed for compliance with this Zoning Code and these Codified Ordinances and to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements. Master deeds submitted to the City for review shall not permit contraction of the condominium (whereby co-owners can withdraw from the condominium and responsibility for maintenance of common elements) without re-submittal of the master deed to the City for review and approval. Fees for these reviews shall be established, from time to time, by the Council.
(n) As-Built Plan and Occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The Building Superintendent may allow occupancy of the project before all improvements required are installed, provided that a bond is submitted to the City Clerk, 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. The amount of the bond shall be determined by the City Engineer.
(o) Final Bylaws, Consolidated Master Deed and Site Plan. Upon approval of the development, the applicant shall furnish the City with a copy of the bylaws and consolidated master deed. The site plan shall be provided on a mylar sheet of at least twenty-four (24) inches by thirty-six (36) inches.
(p) Compliance With Other Statutes and Ordinances. All condominium projects shall comply with Federal, State and local laws, statutes and ordinances.
(Res. 98-340A. Passed 9-21-98.)