(A) Intent. Pursuant to the authority conferred by the Condominium Act, being M.C.L.A. § 559.241, preliminary and final site plans shall be regulated by the provisions of this chapter and subject to review 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 except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot.
(C) Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right 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 a final site plan has been approved by the Planning Commission and is in effect. Preliminary and final approval shall not be combined.
(1) Preliminary approval.
(a) A preliminary site plan pursuant to the standards and procedures set forth in § 154.024 shall be submitted to the Planning Commission for preliminary review.
(b) If the site plan conforms in all respects to applicable laws, ordinances, and design standards, preliminary approval shall be granted by the Planning Commission.
(c) If the site plan fails to conform, the Planning Commission shall either deny the application, or grant preliminary approval with conditions, provided such conditions are met before final approval.
(2) Final approval.
(a) Following preliminary approval, the applicant shall submit a final site plan pursuant to the standards and procedures set forth in § 154.024(C). In addition to the final site plan, the condominium documents shall be submitted to the city for the review by the City Attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the city including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland, and other natural and/or common areas; and maintenance of stormwater, sanitary, and water facilities and utilities.
(b) The applicant shall also submit engineering plans in accordance with applicable design standards for construction of the project. The city shall submit engineering plans to the City Engineer for review.
(c) Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the City Attorney, and engineering and planning consultants, the site plan shall be submitted to the Planning Commission for final review.
(d) If the site plan, condominium documents, and engineering plans conform in all respects to applicable laws, ordinances, and design standards, final approval shall be granted by the Planning Commission.
(e) If the site plan, condominium documents, or engineering plans fail to conform, final approval shall be denied by the Planning Commission.
(f) In the interest of ensuring compliance with this chapter and protecting the health, safety, and welfare of the residents of the city, the Planning Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 154.027 for the completion of improvements associated with the proposed use.
(D) Required improvements.
(1) All design standards and required improvements that apply to a conventional residential development, shall apply to any condominium development.
(2) Each condominium unit shall be connected to city water, sanitary, and storm sewers, designed and constructed in accordance with city utility standards.
(3) (a) Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.
(b) The city may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the City Clerk cash, a certified check, or an irrevocable bank letter of credit to the city, whichever the developer selects, in an amount as determined from time to time by resolution of the Planning Commission. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Planning Commission shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.
(4) Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the 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 all public water and sanitary sewer lines and appurtenances.
(5) All improvements in a site condominium shall comply with the design specifications as adopted by the Planning Commission and any amendments thereto.
(E) Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Zoning Administrator:
(1) A copy of the recorded condominium documents (including exhibits);
(2) A copy of any recorded restrictive covenants;
(3) A copy of the site plan on laminated photostatic copy or Mylar sheet; and
(4) Evidence of completion of improvements associated with the proposed use including two copies of an as-built survey.
(F) Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.
(G) Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued, where such permit is required. 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 corresponding changes in the site plan.
(H) Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in § 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
(I) 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, as provided in § 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.
(Ord. 285, passed 12-8-2003) Penalty, see § 154.999