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Fennville City Zoning Code

ARTICLE 22

Site Condominiums or Condominium Subdivisions

§ 450-2201 Condominium definitions.

CONDOMINIUM DOCUMENTS
The master deed, recorded pursuant to the Condominium Act,[1] and any other instrument referred to in the master deed or bylaws, which affect the rights and obligations of a co-owner in the condominium.
CONDOMINIUM LOT
The land in a condominium unit, together with land in the adjacent and appurtenant limited common element, if there is such a limited common element.
CONDOMINIUM SUBDIVISION PLAN
The drawings and information prepared in accordance with the Condominium Act.
CONDOMINIUM UNIT
The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
CONSOLIDATING MASTER DEED
The final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
CONTRACTIBLE CONDOMINIUM
A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under the Condominium Act.
EXPANDABLE CONDOMINIUM
A condominium project to which additional land may be added in accordance with this chapter and the Condominium Act.
MASTER DEED
The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by the Condominium Act.
NOTICE OF PROPOSED ACTION
The notice required by the Condominium Act, to be filed with the City of Fennville and other agencies.
SITE CONDOMINIUM
A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed.
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[1]
Editor's Note: See MCL 559.101 et seq.

§ 450-2202 Approval required.

A. 
Pursuant to authority conferred by the Condominium Act, preliminary and final site plans for all site condominiums or condominium subdivisions shall be approved by the Planning Commission and City Commission.
(1) 
In determining whether to approve a site plan for a site condominium, the Planning Commission and City Commission may consult with the Zoning Administrator, City Attorney, City Engineer, and others as deemed appropriate by the Planning Commission and City Commission regarding the adequacy of the master deed, deed restrictions, utility systems and roads, site layout and design, and compliance with all requirements of the Condominium Act and this chapter.

§ 450-2203 General requirements.

A. 
The City Planning Commission and City Commission have the authority to review and approve or deny preliminary and final site plans for site condominiums.
B. 
No construction, grading, work, or other development shall be done on a site until a final site plan has been approved, except with the express permission of the Planning Commission and City Commission. No permits for erosion control, building construction, grading, or installation of water or sanitary sewer facilities shall be issued for property in a site condominium development until a final site plan has been approved by the Planning Commission and City Commission and is in effect. This requirement shall include contractible, conversion, and expandable site condominiums.
C. 
If a building, structure, or use to be placed on a condominium lot which requires site plan approval under this article, a site plan for that building, structure, or use shall be approved in accordance with this article and Article 19, before a certificate of zoning compliance may be issued.
D. 
Preliminary and final site plans shall be submitted, reviewed, and approved or denied in accordance with Article 19 and Article 20; provided, however, that preliminary and final site plans shall not be combined for site condominiums.
E. 
Each condominium unit shall be located within a zoning district that permits the proposed use.
F. 
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 it is located.
G. 
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, unless otherwise permitted by this chapter (e.g., accessory dwelling unit), nor shall a dwelling unit be located on a condominium with any other principal structure or use, except in a PUD district.
H. 
Required yards shall be measured from the boundaries of a condominium lot. Ground floor coverage and floor area ratio shall be calculated using the area of the condominium lot.
I. 
Each condominium lot shall be connected to public water and sanitary sewer facilities.
J. 
Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in 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 part of the bylaws and recorded as part of the master deed.
K. 
Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in 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 part of the condominium bylaws and recorded as part of the master deed.
L. 
All information required by this chapter shall be updated and submitted to the Zoning Administrator until the applicable certification of zoning compliance has been issued, as provided herein.

§ 450-2204 Preliminary site plan requirements.

A. 
A preliminary site plan shall be filed for approval at the time of a notice of proposed action is filed with the City. In the event a notice of proposed action regarding a site condominium is filed with the Clerk, the Clerk, upon receipt of the notice, shall transmit the preliminary site plan drawings to the Planning Commission and City Commission. However, no action is to be taken until the Planning Commission and City Commission review the site plan drawings.
B. 
The preliminary site plan shall include all land that the developer intends to include in the site condominium project.
C. 
The preliminary site plan shall include all information required herein, except in the case of a development that consists only of condominium lots and not buildings or other structures at the time of site plan application. In such case, the location and dimensions of condominium lots and all required yards, rather than individual buildings, shall be shown on the preliminary site plan.
D. 
All items required in Article 19 are to be completed and presented at the time of the preliminary site plan submission.

§ 450-2205 Final site plan requirements.

A. 
A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan.
B. 
A final site plan for any phase of development shall not be filed for review by the Planning Commission and City Commission unless a preliminary site plan has been approved by the Planning Commission and City Commission and is in effect.
C. 
A final site plan shall include all information required by the Condominium Act, and the master deed and bylaws. The final site plan shall also include all information required herein, except in the case of a development that consists only of condominium lots and not buildings or other structures at the time of site plan application, the location and dimensions of condominium lots rather that individual buildings, and required yard setbacks shall be shown on the site plan.
D. 
The applicant shall provide proof of approvals by all county and state agencies required to review the condominium subdivision plan, including but not limited to the County Road Commission, County Drain Commissioner, County Health Department, and the Michigan Department of Environment, Great Lakes, and Energy (EGLE). The Planning Commission and City Commission shall not approve a final site plan until all county and state agencies required to review the condominium subdivision plan have approved that condominium subdivision plan.

§ 450-2206 Revision of condominium subdivision plan.

A. 
If the 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 and City Commission before any building permit may be issued, where such permit is required.

§ 450-2207 Roads within a site condominium.

A. 
All roads within a site condominium shall be dedicated as public roads to the City and shall be developed to the design, construction, inspection, and approval and maintenance requirements of the City. Roads shall be compliant with requirements set forth in Article 17 and shall be subject to review and approval by appropriate agencies, such as the Allegan County Road Commission or the City Engineer.
B. 
Each condominium lot shall have frontage abutting a public road as required by the regulations of the particular zoning district in which the condominium lot is located.

§ 450-2208 Amendments to master deed or bylaws.

A. 
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 Planning Commission and the City Commission before any building permit may be issued, where such permit is required.
B. 
The Planning Commission and the City Commission may require its review of an amended site plan if, in their opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.

§ 450-2209 Relation to Subdivision Ordinance.

A. 
All site condominiums shall conform to the plan preparation requirements, design, layout, improvement standards, and the financial guarantee requirements of Chapter 355, Subdivision Control (Ordinance No. 178), as amended, all of which are incorporated herewith by reference.
B. 
The standards and requirements of Chapter 355, Subdivision Control, including financial guarantees, which apply to lots in a subdivision, shall also apply to condominium lots.
C. 
Nothing in this section shall be construed as requiring a site condominium to obtain plat approval under Chapter 355, Subdivision Control, or the Subdivision Control Act.[1]
[1]
Editor's Note: See MCL 560.101 et seq., the Land Division Act.

§ 450-2210 Development agreement.

A. 
The Planning Commission and the City Commission may require, as a condition of approval, that the applicant enter into a development agreement between the applicant and the Planning Commission and City Commission and the City, incorporating the terms and conditions of final site plan approval, and record the same in the office of the Register of Deeds for Allegan County.

§ 450-2211 Association authorization.

A. 
Any application for a building permit for construction to be located in a general common element shall include written authorization by the condominium association for the application.

§ 450-2212 Easements and rights-of-way.

A. 
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 rights-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing public utilities. The developer shall dedicate easements to the appropriate public authority for all public water, sanitary sewer and storm sewer drainage lines and appurtenances.

§ 450-2213 Design specifications.

A. 
All improvements for public utilities and streets in a site condominium shall comply with the design specifications as required by this chapter, the City, and/or the City Engineer.