The purpose of this chapter is to regulate and control the development of land within the City, which for any reason is not otherwise subject to the Subdivision Regulations, in order to promote the public health, safety, comfort, convenience and general welfare of the residents of the City; to provide for the orderly growth and harmonious uniform development of the City consistent with the Master Plan or such portions thereof as have been promulgated; to secure adequate traffic circulation through coordinated street systems so as to lessen congestion on the streets and highways; to ensure adequate provisions for water, drainage and sanitary sewer facilities and other health requirements; to achieve the maximum utility and liveability on individual land parcels or lots; to encourage the subdivision of large tracts into smaller tracts; and to provide logical procedures for the achievement of these purposes.

(Res. 24-95. Passed 2-13-95.)

   This chapter shall not apply to any lot forming part of a subdivision platted and recorded under the provisions of the Subdivision Regulations. Further, this chapter shall not apply to the lot size of any lot forming part of a subdivision platted and recorded under the Subdivision Regulations adopted May 19, 1958, or any applicable ordinance antedating those Regulations so long as the boundaries of any such lot are not altered by division or other means. In this connection, the filing of an Assessor's Plat without an actual boundary change shall not be construed as altering the boundary of any lot or parcel of land. Further, this chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.

(Res. 24-95. Passed 2-13-95.)

   (a)   As used in this chapter:

      (1)   Commission or Planning Commission. "Commission" or "Planning Commission" means the Planning Commission of the City.

      (2)   Condominium. "Condominium" means the ownership of a condominium unit and the space enclosed by the description thereof as contained in the master deed in a multiple unit structure, together with ownership of an interest in common elements.

      (3)   Condominium Act. "Condominium Act" means Act No. 59 of the Public Acts of 1978, as amended.

      (4)   Condominium Project. "Condominium project" means a plan or project consisting of not less than four (4) condominium units in existing or proposed buildings or structures established and approved in conformity with the provisions of the Condominium Act. No condominium project shall be composed of one (1) or more mobile homes or trailer coaches.

      (5)   Condominium Subdivision Plan. "Condominium subdivision plan" means the captioned plan showing the permanent identification numbers assigned to the several condominium units in the condominium project and recorded as a part of the master deed.

      (6)   Condominium Unit. "Condominium unit" means that portion of the condominium project designed and intended for separate ownership or use, as described in the master deed.

      (7)   Co-Owner. "Co-owner" means a person who owns one (1) or more apartments within the condominium project.

      (8)   Developer or Owner. "Developer" or "owner" means any person having a sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop under this chapter as applicable.

      (9)   General Common Elements. "General common elements" means and includes:

         A.   The land in the condominium project;

         B.   The foundations, main walls, roofs, halls, lobbies, stairways, entrances, exits, or communication ways;

         C.   The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated;

         D.   The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated;

         E.   The compartments or installations of central services such as heating, power, light, gas, cold and hot water, refrigeration, air-conditioning, reservoirs, water tanks and pumps and the like;

         F.   The elevators, incinerators and, in general, all devices or installations existing for common use; and

         G.   All other elements of the condominium project intended for common use or necessary to the existence, upkeep and safety of the project.

      (10)   Limited Common Elements. "Limited common elements" means and includes those common elements which are reserved in the master deed for the use of specified apartments to the exclusion of the other apartments.

      (11)   Lot. "Lot" means a parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale, lease or separate use.

      (12)   Majority of Co-Owners. "Majority of co-owners" means fifty-one (51) percent of the co-owners in number and in value of their share of the total property in accordance with the percentage allocated to each apartment in the master deed.

      (13)   Master Deed. "Master deed" means the deed recording the condominium project as approved by the Michigan Department of Commerce, Securities Bureau, following its prior approval by the Planning Commission and Council in accordance with the provisions of this chapter, including:

         A.   An accurate legal description of the land involved in the project;

         B.   A complete set of architectural plans showing details of all structures and improvements, including the location thereof on the land, the size, location, area, volume, vertical and horizontal boundaries and condominium subdivision plan number for each individual apartment, and the nature, size and location of all general and limited common elements;

         C.   A statement designating the apartments served by limited common elements and clearly defining the rights therein;

         D.   A complete description for each apartment, identified with the applicable condominium subdivision plan number and sufficient to enable a competent land surveyor to relocate accurately the space enclosed by the description without reference to the structure itself, with elevations therein referenced to an official bench mark of the United States Coast and Geodetic Survey. The use of the Michigan Coordinate System for this purpose shall be permitted.

         E.   A condominium subdivision plan assigning numbers serially to the several apartments included in the project;

         F.   A statement showing a total value for the condominium project and the percentage thereof assigned to each individual apartment, identifying the apartments by the numbers assigned on the condominium subdivision plan; and

         G.   The approved bylaws for the project.

      (14)   Michigan Coordinate System. "Michigan Coordinate System" means the system defined in Act No. 9 of the Public Acts of 1964, as amended, being Sections 54.231 to 54.239 of the Compiled Laws of 1948, State of Michigan.

      (15)   Plan, Master. "Master Plan" means a comprehensive plan prepared by the Planning Commission which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

      (16)   Property. "Property" means and includes the land and the buildings, all improvements and structures thereon and all easements, rights, and appurtenances belonging thereto.

      (17)   Single Unit. "Single unit" does not include a mobile home or trailer coach as defined in Act No. 243 of the Public Acts of 1959, as amended.

      (18)   Site Condominium. "Site condominium" means a condominium development consisting of single-family detached residential dwelling units.

      (19)   Street. "Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, drive, boulevard, lane, place, court, or by any other name designated.

      (20)   Street, Arterial. "Arterial street" means a street used primarily for fast or heavy traffic.

      (21)   Street, Collector. "Collector street" means a street which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such development.

      (22)   Street, Cul-de-Sac. "Cul-de-sac" or "dead-end street" means a minor street with only one (1) open end and with the other end being terminated by a vehicular turn-around.

      (23)   Street, Marginal Access. "Marginal access street" means a minor street which is parallel to and adjacent to arterial streets and highways and which provides access to abutting properties and protection from through traffic.

      (24)   Street, Minor. "Minor street" means a street used primarily for access to abutting properties.

      (25)   Subdivider. "Subdivider" means any person commencing proceedings under the Subdivision Regulations to effect a subdivision of land thereunder for himself or herself or for another.

      (26)   Subdivision. "Subdivision" means the partitioning or dividing of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale, lease for more than one (1) year or building development, where the act of division creates five (5) or more parcels of land, each of which is ten (10) acres or less in area and each of which is created by successive divisions within a period of ten (10) years.

      (27)   To Record. "To record" means to record pursuant to the laws of the State relating to the recording of deeds, but the provisions of Act No. 172 of the Public Acts of 1929, as amended, being Sections 560.1 to 560.80 of the Compiled Laws of 1948, shall not control divisions made for any condominium project.

      (28)   Width, Lot. "Lot width" means the width of the lot measured along the minimum building setback line, except for lots which front on the concave side of a curving street, where the width of the lot shall be measured sixty (60) feet back from the front lot line.

(Res. 24-95. Passed 2-13-95.)

   Except as otherwise provided in this chapter, no person shall develop or erect or place any building on any lot, tract or parcel of land which is located within the City except in conformity with the provisions of this chapter.

(Res. 24-95. Passed 2-13-95.)

   No permit shall be issued for the placement, construction or erection of any building or other structure on a tract or parcel of land not served by a public street or, in the case of a condominium unit, on a tract or parcel of land not served either by a public street or general common land area adjacent to a public street, unless provisions are made, as described herein, to ensure that all improvements are provided for the use contemplated as required by these Codified Ordinances or State law.

(Res. 24-95. Passed 2-13-95; Ord. 2001-4. Passed 10-8-01.)

   No certificate of occupancy for any condominium unit, site condominium, or any other building shall be issued unless:

   (a)   All improvements required by these Codified Ordinances or State law, for the parcel of land containing the condominium unit, building, or site condominium for which a certificate of occupancy is requested, have been satisfactorily completed or arrangements, acceptable to the City, have been made to ensure their completion at no cost to the City.

   (b)   All locations, lot sizes and other applicable requirements specified in the Zoning Code have been complied with.

   (c)   In the case of a condominium unit or site condominium, the master deed and the condominium subdivision plan have been approved by the Planning Commission and Council prior to their recording, unless the master deed was approved by both the Planning Commission and Council, and by the Michigan Department of Commerce, Securities Bureau, and unless a permit to sell has been issued to the developer by the Michigan Department of Commerce, Securities Bureau.

   (d)   In the case of a condominium unit in a conversion project, any repairs ordered in accordance with Section 1289.16 have been satisfactorily completed.

(Res. 24-95. Passed 2-13-95.)

   No person shall occupy any condominium unit, site condominium, or any other building covered by this chapter unless such condominium unit, site condominium or other structure is covered with a valid certificate of occupancy issued by the City.

(Res. 24-95. Passed 2-13-95.)

   It is the policy of the City to withhold all public improvements of any nature, including the installation and maintenance of streets and sidewalks and the installation and furnishing of sewage facilities and water service to any residence, building or other structure hereafter erected on property served only by a private street or road, unless provisions have been made as described herein to ensure that all improvements are provided for the use contemplated. Acceptance of improvements and areas by Council shall be by resolution upon submission of evidence showing completion of all improvements in strict compliance with these Codified Ordinances and State law. Prior to such acceptance, it shall be determined by proper local officials that such improvements are in conformity with all applicable local and State specifications, ordinances and law and with the Master Plan or such portions thereof as have been promulgated.

(Res. 24-95. Passed 2-13-95.)

   The improvements required in all cases shall be those specified in Chapter 1250 of the Subdivision Regulations. Should any of the requirements so specified not be applicable to a parcel of land proposed for development under this chapter, the Planning Commission may, with concurrence by Council, waive such requirement as to that parcel of land only.

(Res. 24-95. Passed 2-13-95.)

   (a)   During the site plan review procedure, as required in this Zoning Code, all required public services shall be documented by the developer as to adequate capacity and compatible patterns with off-site systems, both existing and planned. Approvals will be granted upon demonstration that the intended project will not exceed intended capacities or adversely affect off-site users. The applicant, prior to formal submission for site plan review, shall set forth his or her requirements for required public service as follows:

      (1)   The number of total vehicles generated by the proposed project (by required parking spaces); and

      (2)   The demand load generated by the proposed project for, but not limited to, water, sanitary sewer, storm sewer and street lighting services. The developer shall request of the respective City departments providing such services a statement indicating the adequacy of the existing or proposed services. If services as proposed will be adequate, approval may be granted conditional upon availability on this portion of the application.

         If a proposed project requires services in excess of existing and proposed services, approval of a portion of the project (as determined by the least available service) may be granted. The applicant, in this event, may either request additional services and receive approval granted conditional upon availability or elect to provide such services at his or her expense, developed as public services in accordance with City standards for such services, and which, upon satisfactory completion thereof, may be accepted by Council. A three-year maintenance bond shall be furnished for all such streets and any other publicly owned facilities in the project installed by the developer, including, but not limited to, sidewalks, water mains and appurtenances, and sanitary and storm sewer lines and their appurtenances.

         Should the Planning Commission determine that the services of an engineer, architect or planning consultant are necessary to properly evaluate a proposed site plan and related documents for a condominium project, the cost of such services shall be reimbursed by the developer prior to the granting of project approval. Such costs shall be reasonable for the services rendered.

   (b)   All nonpublic service drives, driveways and parking areas shall be suitably paved and drained into a project storm sewer system connected to that of the City. All streets, both public and private, shall be constructed in accordance with the Streets, Utilities and Public Services Code.

   (c)   Storm sewer connections shall be provided to all buildings in accordance with the Streets, Utilities and Public Services Code.

   (d)   Sidewalks shall be required adjacent to all project perimeter streets and on both sides of all public streets within the project. Location and construction shall be as specified in the Subdivision Regulations and the Streets, Utilities and Public Services Code. Additional pedestrian walkways shall be furnished in order to provide adequate pedestrian circulation within the project. Such walkways shall be constructed in accordance with the Streets, Utilities and Public Services Code.

   (e)   Of the total open space within the project, the portion planned and/or maintained for the recreational use of condominium members may, after development, be given to the City as a public park, provided that Council agrees to accept the same. Council shall not accept any such parcel unless it is so situated as to be readily used by the general public and maintained by the City and unless it conforms to the Davison Community Master Plan prepared by Wade-Trim/Associates.

(Res. 24-95. Passed 2-13-95.)

   (a)   Water System. Public easements shall be provided for all water mains and service lines. The easements shall exist on service lines to the point where the service valve is installed outside of each structure for each meter located within such structure. A separate water meter and service shall be provided for each unit in each structure. Each such meter shall have as its water source a separate service valve located outside of the structure. No building or structure shall be located over any water easement. In the case of multiple service valves for any structure, each shall be clearly and permanently marked in an approved manner as to which unit it serves within the structure.

   (b)   Sanitary Sewer System. All sanitary sewer lines with an inner diameter of eight (8) inches or more shall be located within a public easement. No building or structure shall be located over any sanitary sewer easement. Where necessary to permit the logical extension of such sewers for the development of adjacent property, such easements may be required as a part of the site review procedure.

   (c)   Storm Sewer System. Storm sewer easements may be required by the City where essential to permit the logical extension of such sewers for the development of adjacent property. The requirement for such easements, if any, shall be established during the site plan review procedure. No building or structure shall be located over any such storm sewer easement.

(Res. 24-95. Passed 2-13-95.)

   If the improvements of any proposed subdivision, approval for which was given by Council prior to the adoption of this Zoning Code have not been completed by the effective date of this chapter, the improvements required in all such cases shall be those specified in the Subdivision Regulations, and no building permit or certificate of occupancy shall be issued without such compliance as herein provided. In all such cases, agreements shall be entered into between the current developer of such uncompleted subdivision and the City, in accordance with Section 1246.03.

(Res. 24-95. Passed 2-13-95.)

   If the Planning Commission approves a proposed development and Council concurs, then Section 1246.03 shall apply and the builder or developer and the City shall enter into the agreements indicated therein before proceeding with development.

(Res. 24-95. Passed 2-13-95.)

   Owners or developers of individual land parcels which require improvements or provisions therefor under the provisions of this chapter prior to the issuance of a building permit shall prepare suitable plans for such improvements, after consultation with the Planning Commission, and file them with the City Clerk, who shall transmit them to the Commission within three (3) working days. Such owner or developer shall secure approval of the Commission and the Building Official for such improvement plans. The Commission shall indicate by resolution that it has reviewed such plans and found them to be in conformity with the requirements of this chapter. The Building Official shall indicate his or her approval by a certificate of approval, prior to consideration of the plans by the Commission. Such approval shall be given within thirty days of the date of submission to the City Clerk unless the plans are rejected for cause, in which case the submitter shall be so notified in writing within such thirty (30)-day period.

   After the Commission and the Building Official have approved the plans, the approval action shall be confirmed by Council within thirty (30) days of the date of Commission approval. At the time of consideration of the improvement plans by Council, the owner or developer shall also submit to Council the agreements as to improvements herein required in a form suitable for execution.

(Res. 24-95. Passed 2-13-95.)

   The approval of the City shall be obtained prior to the filing by the developer of an application for a condominium project, either part one or part two or both parts, with the Michigan Department of Commerce, Securities Bureau, in accordance with Act No. 59 of the Public Acts of 1978, as amended. The approval procedure shall be as follows:

   Where condominium projects consisting of new construction are proposed, approval of both the condominium subdivision plan and the corresponding master deed of which it is a part shall be obtained concurrently using the procedures provided in the Subdivision Regulations, as supplemented by this chapter. These approval procedures shall also serve as and shall include the site plan review procedure required in this Zoning Code.

   (a)   Filing for Preliminary Approval. The developer shall file with the City Clerk an application for preliminary approval, together with a fully completed copy of the State Department of Commerce, Securities Bureau, application for condominium project, parts one and two, except that part one may be omitted if the developer certifies that he or she will not take nonbinding reservations prior to the sale of apartments. In addition, he or she shall file the required copies of a site plan in accordance with this Zoning Code, together with at least the following portions of the proposed master deed:

      (1)   A legal description of the land; and

      (2)   The proposed bylaws for the association of co-owners, which shall comply with Section 1289.18, and the proposed articles of incorporation for the association if it is to be incorporated. These shall be accompanied by a preliminary filing fee of five dollars ($5.00) per gross acre included within the project.

   (b)   Preliminary Approval. Upon approval of the site plan and related documents by the Planning Commission, a notice of conditional approval shall be given as provided in the Subdivision Regulations. Upon concurrence by Council, the developer may, if he or she so elects and has filed such part one with his or her application, file part one of the State application for condominium project with the Department of Commerce, Securities Bureau. Following preliminary approval, the master deed should be completed and shall include all modifications and amendments required by the Planning Commission and confirmed by Council.

   (c)   Filing for Final Approval. The application for final condominium project approval shall be filed within one (1) year after the date of preliminary condominium project approval by Council, unless an extension of this period has been granted by Council for good cause prior to the expiration of the one-year period; otherwise, the preliminary approval shall be considered void and the procedure for filing for preliminary approval shall again be followed. The developer, during either the one (1)-year period or a valid extension thereof and at least one (1) week prior to the Planning Commission meeting at which it is to be considered, shall file with the City Clerk an application for final approval, together with five (5) copies of the proposed complete master deed, together with agreements relative to proposed public improvements, as indicated in Section 1246.03, and all other applicable documents required. These shall be accompanied by the final filing fee of five dollars ($5.00) per unit in the project, or in the portion of the total project for which approval is then being requested, and either a revised copy of part two (2) of the State application for condominium project or a statement certifying that there have been no changes affecting such application since its filing with the application for preliminary approval. The master deed with all accompanying documents shall be examined by both the City Attorney and the Building Official within one (1) week after filing in order to determine that the project is in full compliance with the formal and technical provisions of this chapter, this Zoning Code and the Condominium Act, with all agreements in order and enforceable upon their formal acceptance by Council.

      Further, the Building Official shall find that all amendments upon which contingent approval of the site plan was granted by the Planning Commission and confirmed by Council have been incorporated in the master deed. The City Attorney and the City Manager shall endorse the application for final approval with their individual findings and return it to the City Clerk for appropriate action. If the master deed and related documents are not approved by either the City Attorney or the Building Official, or both, the developer shall be immediately so notified by the City Clerk so that he or she may take necessary corrective action. The refiling of such a corrected master deed and/or related documents shall be done in the same manner as the original filing as provided herein, except that no fee shall be required.

(Res. 24-95. Passed 2-13-95.)

   Where conversion to condominium ownership is proposed, approval shall follow the same procedure outlined above for new construction with the following additional requirements:

   (a)   Such change in ownership shall be defined as a change in use, in accordance with the Building Code of the City. Accordingly, the Building Official shall inspect the structures and shall find compliance with the provisions of the Building Code prior to any approval. Where substantial noncompliance is found by such inspection, the Building Official shall order necessary corrections which shall be completed prior to final approval, unless agreements are provided guaranteeing such corrections prior to issuance of certificates of occupancy, following approval of the conversion condominium project by the State.

   (b)   The Building Official shall inspect all private streets, walks, drives, driveways, parking areas, water systems and sanitary and storm sewer systems serving the proposed condominium conversion project. He or she shall find them of adequate size and in good repair and of such quality as likely to be free of need for repair for at least five (5) years. He or she shall find that all such streets, drives, walks, driveways and parking areas are adequately paved and drained. Unless he or she so finds, no approval shall be granted for a condominium conversion project unless agreements are supplied guaranteeing necessary repairs and/or improvements to facilities which shall be completed either prior to final approval or prior to issuance of certificates of occupancy, following approval of the conversion condominium project by the State.

   (c)   In the event of the disapproval of any proposed condominium project by the State, all subsequent changes shall be submitted to the City for its approval prior to their resubmission to the State. If the revisions do not conflict with the provisions and intent of this chapter and other relevant City ordinances, the Building Official and the Chairperson of the Planning Commission are authorized to grant approval for resubmission to the State. Should the revisions substantially change any part of the master deed as approved, in the opinion of either the Building Official or the Chairperson of the Planning Commission, then the revised project shall be resubmitted to the Planning Commission for final approval in accordance with this chapter. Fees in such case shall be twenty percent of the original final application fee.

(Res. 24-95. Passed 2-13-95.)

   Following City approval of the master deed and condominium subdivision plan, as herein provided, the City Clerk shall endorse each with a notice of City approval and the date of Council's action, together with his or her signature, and return the same to the developer for filing with the Michigan Department of Commerce, Securities Bureau. The developer shall furnish the City with a reproducible duplicate of the complete master deed, on polyester drafting film, as approved by the City and the Michigan Department of Commerce, Securities Bureau, within thirty (30) days of the Bureau's approval. In addition, one (1) copy of the master deed reduced to eight and one-half by fourteen (8-1/2 x 14) inches in accordance with the Bureau's regulations, and as recorded by the County Register of Deeds and bearing the information about recording, shall be filed with the City Clerk, together with the Bureau's "permit to sell order."

(Res. 24-95. Passed 2-13-95.)

   The bylaws of each condominium project association of co-owners shall be subject to City approval and shall contain provisions indicating that the water lines, sewer lines, streets, street lighting, sidewalks and other elements which constitute public services between each structure, are a part of the general common elements of the project to be designed, constructed, operated, and maintained in conformity with City standards by the persons designated to administer the affairs of the project or by the City when turned over to and accepted by the City. The bylaws shall also state that the City shall have the right to withhold or deny occupancy permits for any or all apartments until all required improvements have been provided or until agreements have been signed ensuring that all such required improvements will be provided in strict conformity with these Codified Ordinances at no cost to the City and providing an acceptable means of financing such improvements if the developer does not complete such improvements by an acceptable date. The bylaws shall also contain the provision that any future revision of the bylaws, as provided therein, shall not be effective until and unless approved by the City. City approval in any such case shall be given only when either the proposed changes do not affect public services or their maintenance as indicated or, if they do affect public services, they are satisfactory in their revised form to the Planning Commission with concurrence by Council.

(Res. 24-95. Passed 2-13-95.)