Dexter City Zoning Code
ARTICLE XII
Development Options
§ 65-12.01 Site condominiums.
A.
Intent. The intent of this section is to:
1.
Regulate site condominium projects to ensure compliance with this article and other applicable standards of the City of Dexter.
2.
Provide procedures and standards for review and approval or disapproval of such developments
3.
Ensure that each project will be consistent and compatible with other developments in the community.
B.
Approval required. Pursuant to authority conferred by Section 141 of the Condominium Act (MCL 559.241), preliminary and final site plans for all site condominiums shall be approved by the City Council, per recommendation of the Planning Commission, in accordance with the provisions set forth in Article XXI, Site Plan.
C.
General requirements. All site condominium projects shall meet the following standards:
1.
Each condominium lot shall be located within a Zoning District that permits the proposed use.
2.
For the purposes of this article, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the Zoning District in which located. 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. Lot coverage and floor area ratio shall be calculated using the area of the condominium lot.
3.
Each condominium lot shall be connected to public water and sanitary sewer facilities.
4.
Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act (MCL 559.148), 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
5.
Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act (MCL 559.149), 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.
D.
Preliminary site plan requirements.
1.
Preliminary site plans for site condominium projects shall include all land that the developer intends to include in the site condominium project.
2.
The preliminary site plan shall include all information required in Article XXI, Site Plan. In the case of a development that consists only of condominium lots and not buildings or other structures at the time of preliminary site plan review, the location, and dimensions of condominium lots rather than individual buildings, and other structures, and required yards, shall be shown on the preliminary site plan.
E.
Final site plan requirements.
1.
A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan.
2.
A final site plan for any phase of development shall not be filed for review by the Planning Commission unless a preliminary site plan has been approved by the City Council and is in effect.
3.
A final site plan shall include all information required by Section 66 of the Condominium Act (MCL 559.166), and the master deed and bylaws. The final site plan shall also include all information required in Article XXI, Site Plan. In the case of a development that consists only of condominium lots and not buildings or other structures at the time of plan review, the location, and dimensions of condominium lots rather than individual buildings, and other structures, and required yards, shall be shown on the final site plan.
4.
The applicant shall provide proof of approvals by all county and state agencies having jurisdiction over improvements in the site condominium development. The City Council shall not approve a final site plan until each county and state agency having such jurisdiction has approved that portion of the final site plan that is subject to its jurisdiction.
F.
Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by City Council before any building permit may be issued, where such permit is required.
G.
Amendment of master deed or bylaws. 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 Council before any building permit may be issued, where such permit is required. The City Council 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 approved site plan.
H.
Relation to subdivision regulations.
1.
The provisions of Division 4 of the City of Dexter Subdivision Regulations shall apply to site condominiums, and these provisions are incorporated herein by reference. In applying the design, development standards, and the improvement requirements of Division 4 of the City of Dexter Subdivision Regulations, the standards and requirements that are intended to apply to lots in a subdivision shall apply instead to condominium lots. All other provisions of the articles shall apply, including the requirements for posting financial securities, completing improvements, inspection fees and condominium completion.
2.
The following terms as used in Division 4 shall mean the following when applied to site condominiums:
BEFORE FINAL PLAT
Before any building permit is issued.
LOT(S)
Unit(s).
PRELIMINARY PLAT AS FINALLY APPROVED BY THE CITY COUNCIL
Final site plan as approved by the City Council, including any conditions imposed by their approval.
SUBDIVISION
Site condominium.
3.
Nothing in this section shall be construed as requiring a site condominium to obtain plat approval under the State of Michigan, Land Division Act, Act 288, Public Acts of 1967, as amended.[1]
[1]
Editor's Note: See MCL 560.101 et seq.
I.
Development agreement. The City Council shall require, as a condition of approval, that the applicant enter into a development agreement with the City of Dexter, incorporating the terms and conditions of final site plan approval, and record the same in the Office of Register of Deeds for Washtenaw County, in accordance with the provisions set forth in § 40-3.10, Development agreements.
J.
Monuments. Monuments shall meet the following standards:
1.
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.
2.
The City Engineer may grant a delay of 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 cash, a certified check, or an irrevocable bank letter of credit running to the City of Dexter, whichever the developer selects, in an amount as determined from time to time by resolution of the City Council. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the City Council 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.
K.
Roads rights-of-way. 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 dedicate easements to the City of Dexter for all road right-of-way, public water and sanitary sewer lines and appurtenances.
L.
Improvements. All improvements in a site condominium shall comply with the design specifications as adopted by the City Council and any amendments thereto.
§ 65-12.02 Residential cluster development.
A.
Purpose. The cluster development provision has the following purposes:
1.
To permit flexibility in the layout of subdivisions;
2.
To permit variety in the size and shape of residential lots;
3.
To permit flexibility in the location of residential buildings and grouping of same;
4.
To encourage creative approaches in traditional design and development of the residential area; and interconnect with the City pattern of development and road system;
5.
To permit economy of the required improvements;
6.
To preserve significant natural features such as wooded areas, streams, marshes, ponds, and similar amenities by permitting concentration of building lots and improvements in more readily developable portions of the parcel of land; and
7.
To permit provision of open space for the use of residents of the subdivision or to the City at large, and to concentrate such open spaces in locations of such size and shape as to be accessible, usable, and maintainable.
B.
General regulations. Cluster development is a designation permitted to be applied to a parcel(s) of land in the R-1 Zoning District, subject to all of the regulations of the district in which located, except as specifically modified in this section. The cluster development designation is offered as an alternative to conventional subdivision design under standard zoning district regulations but is not designed as separate zoning district.
C.
Minimum area. The minimum parcel area for a cluster development shall be 20 acres.
D.
Permitted uses. Permitted, accessory, and conditional uses as listed herein in the R-1 and Zoning District are permitted in a cluster subdivision in each zoning district.
E.
Density of development. The minimum lot area in each of the residential districts may be reduced as permitted in this section. However, the number of dwelling units in the cluster subdivision shall be no greater than the number permitted if the parcel were to be subdivided in the minimum lot areas as set forth in the zoning district of the subject site. The permitted number of dwelling units shall be calculated on the basis of the following dwelling unit densities:
1.
R1: 3.63 dwelling units per acre of total lot area;
2.
The land area used in the calculation shall include public and private road rights-of-way, existing and proposed, that are located within the proposed subdivision, but shall not include any existing right-of-way of any boundary roads of the subdivision. Only 25% of the acreage comprised of open water, land within the 100-year floodplain elevation, and/or wetlands protected by the Goemaere-Anderson Wetland Protection Act, PA 203 of 1979, shall be calculated toward the total site acreage.
F.
Area, placement, and height regulations.
1.
Cluster developments shall be laid out so as to reduce the lineal feet of road for economy and safety that would otherwise be needed to serve the area; to economize on cost of utility installations; to retain and take advantage of existing natural features and vistas; to reduce the amount of grading required; to take maximum advantage of storage, absorption, and drainage characteristics of the natural landscape; and to otherwise secure the objectives set forth in this section.
2.
In so doing, the minimum lot areas, lot widths, and other standards may be modified as follows, for single family dwellings and their accessory structures only:
Min. Lot Size | Max. Lot Coverage (all buildings) | Max. Height | Min. Yards and Setbacks in feet | Min. floor area per unit in sq. ft. | |||||
|---|---|---|---|---|---|---|---|---|---|
In sq. ft. | Width in feet | Stories | Feet | Front | Side | Rear | |||
Least | Total | ||||||||
5,850 | 50 | – | 2.5 | 35 | 25 | 5 | 10 | 15 | – |
G.
Common open spaces and facilities. For each square foot of excess land area resulting from the lot reductions provided in Subsection F preceding, the subdivision shall provide an equal amount of land dedicated to the common use of the owners in the subdivision or to the public, meeting the following standards:
1.
The manner of dedication shall be approved by the City Council. The lands so dedicated shall be permanently retained as open space for parks, recreation and/or related uses. The proprietor shall insure the permanence of both the existence and proper maintenance of the open space by either dedicating it to public agency responsible for areas and activities or by dedicating it to a homeowner's association to be made up of the residents of the subdivision.
a.
Where homeowner's associations are to be used, the following conditions shall be met:
i.
The association shall be established before dwellings are sold.
ii.
Membership shall be mandatory for each homebuyer and any successive buyer.
iii.
Open space must be held and maintained as open space in perpetuity.
iv.
The association shall be responsible for local taxes, maintenance of grounds and facilities, liability insurance, and other similar duties of ownership. The proprietor shall file declaration of covenants and restrictions with the preliminary plats, setting forth these and other features of the association. The proprietor shall also supply to the governing body a copy of articles of incorporation and a complete set of bylaws of the association.
b.
The City Council may require that, in addition to the restrictive covenants and the homeowner's association, an easement over the open space area be given to the public to ensure that the area will remain open in perpetuity. Such an easement is intended only to preserve open space and is not intended to provide public access thereto.
2.
Open space in any one cluster development shall be laid out, to the maximum feasible extent, so as to connect with other open space, existing or proposed, in the vicinity, whether such areas are or will be public or private. In the case of two or more adjacent developments, proprietors may cooperatively allocate open space areas if such areas are coordinated in design and location to an extent acceptable to the Planning Commission.
3.
Parks and/or recreation areas shall have a minimum area of four acres and a minimum dimension of 100 feet. The location, size, suitability for the intended uses, and shape of the dedicated area shall be subject to approval by the City Council. Such land areas shall not include, as a part of the minimum acreage, bodies of water, swamps, or areas of excessive grades which make the land unusable for recreation; however, the area may be in a flood plain.
4.
The land areas shall be graded and developed so as to have natural drainage, if such drainage does not exist in the unimproved condition.
5.
If the open space area is to consist of two or more properties, at least one parcel shall have the minimum area of four acres.
6.
The minimum lot width or depth of open space shall in all cases be 100 feet. The location size and shape of any parcel shall be subject to approval by the City Council.
7.
A parcel divided by a drainage course, stream, or river shall be considered one parcel.
8.
Access shall be provided to areas dedicated for the common use of lot owners of the subdivision for those lots not bordering on such dedicated areas by means of roads or pedestrian walkways.
9.
Areas dedicated to the public shall have at least one access point by a public road for each separate open space parcel. The City Council shall have the discretion to require additional vehicular and/or pedestrian access points.
10.
The developer or subdivider shall dedicate all land areas to be used as common spaces in the subdivision as provided herein at the time of filing for final plat approval for the first phase of the subdivision. Common open space shall have a legal description therefor, which shall include an accurate statement of land areas, all of which shall be certified by a registered land surveyor.
H.
Sewer and water services. All lots in a cluster subdivision shall be served by a public water and sanitary sewer facilities.
I.
Procedures. The applicant for approval of a preliminary plat or condominium site plan shall, at the same time, apply for a Cluster Development designation (hereafter referred to as CD designation) if such designation is desired.
1.
Application. The application shall consist of:
a.
A completed form.
b.
Fees.
c.
All information required for review of a preliminary plat submitted for tentative approval.
2.
Planning Commission and City Council review. The Planning Commission shall review the preliminary plat as set forth in the Subdivisions Ordinance and shall include its analysis and recommendations concerning the CD designation in its report to the City Council on the preliminary plat or condominium site plan. If the City Council approves the CD designation, it shall indicate the CD designation in its tentative approval of the preliminary plat or condominium site plan.
J.
Procedures with zoning amendment. If the property included in the CD designation request must also be rezoned to an applicable residential districts, the petition to change the zoning district classification shall accompany the application for tentative approval of the preliminary plat. The application shall, in this case, include a waiver, signed by the applicant, that the 90-day limit on review of a preliminary plat for tentative approval may be extended to accommodate the time required to process the zoning amendment. The City shall not give tentative approval to the preliminary plat unit after it has approved the zoning amendment. With this exception the procedures set forth in Subsection I, preceding, shall apply.
K.
Calculations. All calculations and other information needed to review conformance of the plat with the Zoning Ordinance regulations shall be provided on the preliminary plat.
L.
Authority. The City Council shall have the authority to approve or deny a request for a CD designation. The Council shall also have the authority to require changes in the size and shape of lots; in lot and road layout; location, size, and shape of open area; and in other features of the design and character of a CD subdivision as proposed in a preliminary plat. This authority may be exercised by the Council when it determines that the proposed CD subdivision does not meet the intent of this section or does not otherwise result in good site and subdivision planning.
M.
Improvements. Improvements, or security in lieu thereof, shall be provided as required in the Subdivision Ordinance.[1] Improvements of open space areas to be dedicated to the City, or security in lieu thereof, shall be provided by the developer prior to approval of the final plat by the City Council for the first stage of the subdivision. Agreement as to the required improvements for such open space areas shall be made by the developer and City Council prior to the Council's tentative approval of the preliminary plat. Requirements for improvements may be modified as set forth in the Subdivision Ordinance.
[1]
Editor's Note: See Ch. 20, Land Division and Subdivisions.
