Cannon Township City Zoning Code
ARTICLE 24
Condominiums and Site Condominiums
§ 450-24.01 Purpose; applicability.
A.
Tracts of land that are developed and sold as site condominium developments and condominium developments are not subject to regulation under the Michigan Land Division Act.[1] The Township determines it is in the best interest of public health, safety, and welfare to regulate site condominium developments and condominium developments to assure that these developments will not adversely affect the occupants thereof, other properties or the Township.
[1]
Editor's Note: See MCL 560.101 et seq.
B.
This article covers both site condominiums and condominiums, the latter being sometimes referred to as "conventional condominiums." Accordingly, the provisions of this article for submission of condominium plans and the procedures for consideration and approval of condominium plans apply equally to conventional condominium developments as well as to site condominium developments. For convenience, conventional condominiums are referred to in this article as "condominiums." In some instances, once a particular section or other provision indicates that it applies to both condominiums and site condominiums, certain of the following text may, for convenience, refer to both types as "condominiums."
§ 450-24.02 Definitions.
A. BUILDING ENVELOPE CONDOMINIUM PLAN and SITE CONDOMINIUM PLAN CONDOMINIUM UNIT(1) (2) SITE CONDOMINIUM UNIT
For purposes of this article, the following words and phrases are defined as follows:
A designated area of land within which a building which is a condominium or which contains two or more condominium units may be constructed and used and which complies with the minimum lot area and the minimum lot width requirements of the zone district in which the building is located. The building envelope shall be drawn at such distances from the building that the minimum required building setbacks of the zone district will be complied with. A building envelope applies only to a condominium, not a site condominium.
The plans, drawings and information prepared for a condominium or site condominium, respectively, as required by the Condominium Act, Act 59 of the Public Acts of Michigan of 1978, as amended,[1] and as required by this article for review by the Planning Commission and the Township Board, and subject to their approval under the terms of this article.
A condominium established in compliance with the Michigan Condominium Act which consists of a volume of surface or subsurface vacant air space, designed and intended for separate ownership and use as described in the condominium master deed. For purposes of determining compliance with the applicable requirements of this chapter (including, without limitation, height, area, yard, and density requirements) and with other applicable laws, ordinances and regulations, a condominium unit shall be deemed to be a dwelling, if for residential use, or shall be deemed to be a building or portion thereof, if for an approved nonresidential use.
In the case of an attached condominium, the applicable minimum requirements of this chapter, including, without limitation, height, area, yard, and density requirements, shall be applied with respect to the building in which the attached condominium is located; accordingly, the building envelope surrounding the attached condominium unit shall be established and described so as to comply with the minimum lot area, minimum lot width, minimum required building setbacks and maximum building density requirements of the zone district in which the attached condominium is located.
In the case of a detached condominium, the applicable provisions of this chapter, including, without limitation, height, area, yard, and density requirements, shall be applied with respect to the building comprising the detached condominium; accordingly, the building envelope surrounding the building comprising the detached condominium shall be established and described so as to comply with the minimum lot area, minimum lot width, minimum required building setbacks and maximum building density requirements of the zone district in which the building comprising the detached condominium is located.
A condominium unit established in compliance with the Condominium Act which consists of an area of vacant land and a volume of surface or subsurface vacant air space, designed and intended for separate ownership and use as described in the site condominium master deed, and within which a building or other improvements may be constructed by the condominium unit owner. For purposes of determining compliance with the applicable requirements of this chapter (including, without limitation, minimum lot area, minimum lot width, minimum required building setbacks and maximum building density requirements) and with other applicable ordinances, a site condominium unit shall be regarded as the equivalent of a lot or parcel of land.
[1]
Editor's Note: See MCL 559.101 et seq.
§ 450-24.03 Approval required; compliance with other provisions.
A.
No improvements for a condominium or a site condominium may be commenced until approval has been given in accordance with this article.
C.
If condominium approval or site condominium approval is requested in connection with an application for approval of a planned unit development, then the condominium or site condominium may be reviewed in accordance with the applicable planned unit development procedures.
§ 450-24.04 Applications for approval.
An application for condominium or site condominium approval shall include the following information:
A.
A condominium plan which includes the documents and information required by Section 66 of the Condominium Act[1] and which includes the following information to the extent not included in such plans:
(1)
The dimensions of each site condominium unit; the dimensions of the building envelope for each building that is a detached condominium or that contains attached condominium units.
(2)
Approval or tentative approval of the proposed design and location of the entrance to the condominium or site condominium from the County Road Commission or Michigan Department of Transportation, as applicable.
(3)
The use and occupancy restrictions and maintenance provisions for all general and limited common elements, and the locations thereof, that will be included in the master deed.
(4)
A stormwater drainage plan, including all lines, swales, drains, basins, and other facilities and easements granted for installation, repair, and maintenance of all drainage facilities.
(5)
A utility plan showing the location of all water supply mains and sanitary sewer mains, if any, and easements for the installation, repair and maintenance of utilities.
(6)
A narrative describing the overall objectives of the proposed site condominium.
(7)
A narrative describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities.
(8)
A street construction, paving and maintenance plan for all streets within the condominium or site condominium.
(9)
A description and summary of each phase of the condominium or site condominium development, if phasing is proposed.
(10)
Such other information as the Planning Commission or Township Board may reasonably request in their review of the proposed condominium or site condominium.
[1]
Editor's Note: See MCL 559.166.
§ 450-24.05 Procedures for review of preliminary plans.
A.
The application and the required number of copies of the preliminary plan of the condominium or site condominium ,together with the required application fee and zoning escrow deposit, shall be submitted to the Zoning Administrator.
B.
Upon the Administrator's determination that the preliminary plan is complete, the application and the plan shall be forwarded for consideration by the Planning Commission.
C.
After reviewing the preliminary condominium or site condominium plan, the Planning Commission shall approve a resolution stating the Commission's findings concerning the preliminary plan and stating its recommendations thereon and any conditions imposed.
D.
The Planning Commission shall recommend to the Township Board whether the condominium or site condominium shall be approved, denied, or approved with conditions.
§ 450-24.06 Procedures for review of final plans.
A.
After receiving the Planning Commission's recommendations on the preliminary plan, the applicant shall submit to the Zoning Administrator the required number of copies of a final site condominium plan which complies with the requirements of this article and the recommendations of the Planning Commission.
B.
The final condominium or site condominium plan shall incorporate the terms and conditions, if any, approved by the Planning Commission in its review of the preliminary plan; provided, however, that if any of the Planning Commission's terms and conditions are not included in the final plan, the applicant shall specify, in writing, which of them have not been included and the reasons for the exclusion(s).
C.
The final condominium or site condominium plan, together with any written statement by the applicant as to the noninclusion of Planning Commission terms and conditions, shall be forwarded by the Zoning Administrator to the Township Board.
D.
After receiving the final condominium or site condominium plan, the recommendations of the Planning Commission and any written statements by the applicant, the Township Board shall review and shall by resolution approve, deny or approve with conditions the final plan in accordance with the standards in § 450-24.07.
E.
The resolution of the Township Board approving, denying or approving with conditions the final condominium or site condominium plan may include conditions required to assure compliance with the requirements of this chapter, other applicable provisions of this chapter and the Condominium Act.[1]
[1]
Editor's Note: See MCL 559.101 et seq.
F.
All terms and conditions included by the Planning Commission and Township Board in their respective approvals of a condominium or site condominium shall be incorporated in the recorded master deed or shall otherwise be reflected in the final condominium or site condominium plan when recorded as a part of the master deed.
§ 450-24.07 Standards for approval.
A condominium or site condominium shall comply with all of the following requirements:
A.
The plan shall comply with the applicable requirements of this article.
B.
The proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design, and other aspects of the proposed condominium or site condominium shall comply with the Condominium Act[1] and other applicable laws, ordinances and regulations.
[1]
Editor's Note: See MCL 559.101 et seq.
C.
Each site condominium unit and each building envelope adjacent to a building that is a detached condominium or that contains attached condominium units shall comply with all applicable provisions of the zone district in which the condominium or site condominium is located, including minimum lot area; minimum lot width; minimum required front, side and rear yards; maximum building height; and other applicable land use requirements in this chapter.
D.
If a condominium or site condominium 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 County Road Commission.
E.
Private streets may be permitted to provide access to and throughout a condominium or site condominium:
(2)
Provisions in the master deed and condominium bylaws shall obligate the developer and/or condominium association to assure that all the private streets are regularly maintained, repaired and snowplowed so as to assure that they are safe and convenient for travel at all times.
F.
The condominium or site condominium shall be served by approved private water supply wells, septic tanks and drain fields or a private community sanitary sewer system and/or community water supply system, if public water supply and public sanitary sewer facilities are not available; if such public facilities are available, they shall be connected to serve the condominium or site condominium.
G.
Streetlights may be required in any condominium or site condominium, and, if so, they shall be designed, installed and operated in accordance with Chapter 282, Lighting, Outdoor, of the Code of the Township of Cannon.
H.
Sidewalks may be required to be installed in condominiums and site condominiums in accordance with standards and specifications specified in the resolution of approval of the condominium or site condominium.
§ 450-24.08 Construction in compliance with approved plan.
No buildings or structures in a condominium or site condominium shall be built nor shall any other site improvements be made except in compliance with the final condominium or final site condominium plan as approved by the Township Board, including all conditions of approval.
§ 450-24.09 Completion of improvements.
A.
No building permit or occupancy permit for a condominium or site condominium unit in an approved condominium development shall be issued until construction of all required improvements has been completed and approved by the Township or unless acceptable security for the completion of such improvements has been provided, to the satisfaction of the Township.
B.
Upon completion of all required improvements, a complete as-built plan for all required improvements in the development shall be promptly submitted to the Township, to the attention of the Zoning Administrator.
§ 450-24.10 Expandable or convertible condominium developments.
Approval of a final condominium or final site condominium plan shall not constitute approval of expandable or convertible portions thereof unless the expandable or convertible areas are specifically reviewed and approved by the Planning Commission and Township Board in compliance with the procedures and requirements of this article.
§ 450-24.11 Revisions of approved final plans.
A.
Changes to an approved condominium or site condominium for which a plan has been approved are subject to this section.
B.
Any change which constitutes an exempt change as described below shall not be subject to review by the Planning Commission under this article, but a copy of an exempt change shall be submitted to the Township Zoning Administrator; provided, however, that the Zoning Administrator shall determine whether the proposed change is an exempt change and shall notify the applicant accordingly. An exempt change shall include only the following:
(1)
A change in the name of the condominium or site condominium; a change in the name of a street within the condominium or site condominium; or a change in the name of the developer.
(2)
Any other change in the condominium or site condominium which, as determined by the Zoning Administrator, does not constitute a major or minor change or will not otherwise change the site configuration, design, layout, topography or any other physical aspect of the land, buildings or structures in or proposed for the condominium or site condominium.
C.
Any change which constitutes a minor change shall be reviewed and approved by the Zoning Administrator, but in the discretion of the Administrator, any such minor change may be referred for decision by the Planning Commission. A minor change means only the following minor changes in the site configuration, design, layout or topography of a condominium or site condominium (or any portion thereof):
(1)
A decrease in the number of condominium or site condominium units.
(2)
A reduction of less than 10% in the area of the building envelope for any building that is a detached condominium or that contains attached condominium units, provided that the reduction does not result in the building envelope comprising less than the required minimum lot area, having less than the required minimum lot width or having building setbacks less than the minimum required building setbacks specified for the zone district in which the condominium is located.
(3)
A reduction of less than 10% in the area of a site condominium unit, provided that the reduction does not result in the site condominium unit having less than the required minimum lot area, having less than the minimum lot width or having building setbacks less than the minimum required building setbacks specified for the zone district in which the site condominium is located.
(4)
A reduction of less than 10% in the total combined area of the general common elements of the condominium or site condominium, but any such reduction shall not result in noncompliance with any other applicable requirement, including any requirement for minimum open space areas.
(5)
A reduction of less than 10% in the total combined area of the limited common elements of the condominium or site condominium.
(6)
Any other minor change in the site configuration, design, layout, topography or other aspect of the condominium or site condominium which, as determined by the Zoning Administrator, does not constitute a major change and which would not be material or significant in relation to the entire condominium or site condominium.
D.
Any change which constitutes a major change shall be reviewed by the Planning Commission and the Township Board, as provided in this article for the original review and approval of condominiums and site condominiums. "Major change" means a major change in the site configuration, design, layout or topography of a condominium or site condominium (or any portion thereof), including, but not limited to, any change that could result in:
(1)
An increase in the number of condominium or site condominium units.
(2)
Any other change in the site configuration, design, layout, topography, or other aspect of the condominium or site condominium, including, without limitation, a change in the location of streets and utilities or in the size, location, area, or the horizontal or vertical boundaries of a condominium or site condominium unit, and which is determined by the Zoning Administrator to constitute a major change in the condominium or site condominium.
§ 450-24.12 Incorporation of approved provisions in master deed.
All provisions of an approved final condominium or site condominium plan shall be incorporated by reference in the master deed for the condominium or site condominium. The master deed shall be reviewed by the Township Attorney, prior to recording, and it shall be subject to the Attorney's approval, consistent with this article and the Township's approval of the condominium or site condominium. A copy of the master deed as recorded with the County Register of Deeds shall be submitted to the Township, to the attention of the Zoning Administrator, promptly after recording.