(a)   The purpose of this chapter is to provide procedures for the orderly use and development of property which is not otherwise regulated by Chapter 1222 and the Michigan Land Division Act (Act 591 of 1996) as amended. This chapter insures that a site condominium development shall be reviewed with the objective and intent of achieving many of the same characteristics and land use results as if the proposed development and improvements were being reviewed under Chapter 1222. This chapter identifies minimum standards for the development of property as site condominiums in the City, and sets forth procedures to be followed by the City in applying these rules, regulations and standards.

   (b)   Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of vacant air space within which a building or other improvements may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit.

   (c)   Either the condominium unit by itself, or the condominium unit taken together with any contiguous, appurtenant limited common element, shall be considered to constitute a building site which is the functional equivalent of a "lot" for purposes of determining compliance with the requirement of the Zoning Code and other applicable laws, ordinances and regulations. Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets, and other areas available for use by all owners of condominium units within the project.

(Ord. 182. Passed 5-12-98.)

   To ensure that site condominium projects comply with the Zoning Code, this chapter requires preliminary review of site condominium project plans by the Planning Commission followed by final review and approval by the City Council, as provided by the Condominium Act (PA 59 of 1978) as amended. Site condominium projects may be approved as provided by this chapter in any zoning district for the uses permitted in the zoning district in which the project is located.

(Ord. 182. Passed 5-12-98.)

   The schedule of fees for the review of projects under this chapter shall be as required by City Council resolution as amended from time to time.

(Ord. 182. Passed 5-12-98.)

   For purposes of this chapter, the following words and phrases are defined as follows:

   (a)   "Building envelope" means the area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project. In a single family residential site condominium project, the building envelope refers to the area of each condominium within which the dwelling and any accessory structures may be built.

   (b)   "Condominium Act" means Public Act 59 of 1978, as amended.

   (c)   "Condominium structure" shall mean the principal building or structure intended for or constructed upon a lot or building site, together with any attached accessory structures; e.g. in a residential development, the condominium structure would refer to the house and any attached garage.

   (d)   "Condominium unit" means a condominium unit established in compliance with the Condominium Act which consists of an area of vacant land and a volume of vacant air space, designed and intended for separate ownership and use as described in the site condominium project Master Deed, and within which a building or other improvements may be constructed by the condominium unit owner.

   (e)   "Exempt change" means a change to a site condominium project (other than a major or minor change) that is exempt from review and approval as required for major or minor changes under this chapter. Exempt changes shall be limited to the following:

      (1)   A change in the name of the project, in the name of a street within the project, or in the name of the developer of the project;

      (2)   A change in the voting rights of co-owners or mortgages; or

      (3)   Any other change in the site condominium project which, as determined by the Planning Commission, does not constitute a major or minor change or will not otherwise change the site configuration, design, layout, topography or any other aspect of a project which is subject to regulation under the Zoning Code.

   (f)   "Lot(s)" shall also mean the same as building site(s) and is that portion(s) of a condominium project designed and intended for separate ownership and/or exclusive use, as described in the Master Deed. Lot may be further defined as:

      (1)   A condominium unit consisting of the area under a building envelope and the contiguous area around the building envelope which, by itself, meets the minimum area and yard requirements for lots as required by this Zoning Code; or

      (2)   The contiguous limited common element under and surrounding a condominium unit that is or shall be assigned to the owner(s) of the condominium unit for the owner(s) exclusive use, and which, together with the condominium unit, meets the minimum area and yard requirements for lots as required by this Zoning Code.

   (g)   "Major change" means a change in the site configuration, design, layout or topography of a site condominium project (or any portion thereof), including any change that could result in:

      (1)   An increase of twenty percent or more in the number of site condominium units;

      (2)   Any other change in the site configuration, design, layout, topography, or other aspect of the project which is subject to regulation under this Zoning Code, including, without limitation, a change in the location of streets and utilities, or in the size, location, area, horizontal boundaries or vertical boundaries of a site condominium unit, and which is determined by the Planning Commission to constitute a major change to the site condominium project.

   (h)   "Master deed" means the legal document prepared and recorded pursuant to Public Act 59 of 1978, as amended, to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

   (i)   "Minor change" means a change in the site configuration, design, layout or topography of a site condominium project (or any portion thereof), including any change that will result in:

      (1)   An increase of less than twenty percent in the number of site condominium units or a decrease in the number of site condominium units; and

      (2)   Any other minor variation in the site configuration, design, layout, topography or other aspect of the project which is subject to regulation under this Zoning Code, and which, as determined by the Planning Commission, does not constitute a major change.

   (j)   "Setback - front, side and rear yard" shall mean the distance measured from the respective front, side, and rear of the condominium structure/building envelope to the equivalent of the front, side, and rear lot line respectively.

(Ord. 182. Passed 5-12-98.)

   Prior to final review and approval of a site condominium project plan by the City Council, a preliminary site condominium project plan shall be reviewed by the Planning Commission in accordance with the procedures, standards and requirements provided by this chapter.

   (a)   Application Submittal Requirement. An application for preliminary site plan review along with twelve sets of the plan shall be submitted to the City Clerk at least two weeks prior to the next scheduled Planning Commission meeting along with a fee as set by the City Council. The application shall at a minimum, contain the following information:

      (1)   The applicant's name, address, and phone number.

      (2)   Proof that the applicant is the owner of the property or has a legal or financial interest in the property such as a purchase agreement.

      (3)   The name, address and phone number of the owner(s) of record if different than the applicant.

      (4)   The address of the property.

      (5)   Legal description or permanent parcel number of property.

      (6)   Project description.

      (7)   Size of the parcel in acres.

      (8)   Signature of the applicant and owner of the property.

   (b)   Technical Review. The Clerk shall transmit the application and project plans to the Zoning Administrator for technical review. Copies may also be sent to the City Planner, Fire Chief and Police Chief as deemed necessary. The site plan shall be reviewed for compliance with the requirements of this Zoning Code and a report prepared for the Planning Commission.

   (c)   Requirements for Preliminary Plans.

      (1)   The preliminary plan shall at a minimum contain the following items:

         A.   The name or title of the proposed project.

         B.   Legal description of the proposed plat.

         C.   The name, address and telephone number of the property owner and applicant.

         D.   A statement of the intended use for the proposed plat and showing land intended to be dedicated or set aside for public use or for the common use of property owners in the project, and stating the location, dimensions and purpose of such land.

         E.   A small scale vicinity map showing location of project within the City, and the name and location of abutting projects.

         F.   The location, dimensions and approximate grade and radius of proposed and existing streets, alleys and highways included in the plat.

         G.   The location of all existing features affecting the project, such as railroads, buildings, trees, ditches, watercourses and other physical features.

         H.   Location and size of all existing and proposed public water, sanitary sewer and storm drainage pipes, equipment, fire hydrants, catch basins and other facilities.

         I.   Location of utility and drainage easements.

         J.   If the proposed project is contiguous to other lands owned by the applicant, a map showing the street layout and access for subsequent development.

         K.   Location and dimension and size of lots, radii of all curves and approximate location of all setback lines. Lot width shall be shown for each lot, at the required setback line.

         L.   When any part of the project lies within or abuts a floodplain area the floodplain, as established by the State Department of Natural Resources, shall be shown within a contour line and labeled as such.

         M.   Any restrictions to be imposed upon the use of property in the subdivision.

         N.   Property lines, dimensions, and building setback distances and all structures, lot lines and wetlands within 100 feet of the site.

         O.   Existing and proposed topographic elevations at two foot intervals on the site and to a distance of fifty feet outside the boundary lines of the site.

         P.   Direction of storm water drainage and how storm water runoff will be handled as well as a statement describing where storm water will be ultimately discharged such as a creek, stream, lake or wetland.

         Q.   Location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site. Also driveway width, curb radii and design of proposed deceleration lanes.

         R.   Street lighting, if any, including the type of fixture as well as method of shielding illumination from adjacent properties and roadways.

         S.   Location and type of significant existing vegetation, water courses, and water bodies including county drains and manmade surface drainage ways, floodplains, and wetlands.

         T.   Zoning and use on adjacent properties.

      (2)   In addition, the following requirements and standards shall apply:

         A.   A condominium project plan shall include the documents and information required by Section 66 of the Condominium Act including the signature and seal of the architect, land surveyor, or engineer that prepares the plan.

         B.   All public and private streets in a site condominium shall comply with the standards for City of Hart public street construction.

         C.   The location of any and all general and limited common elements, as well as the use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the Master Deed.

         D.   The Planning Commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the Oceana District Health Department, County Road Commission, County Drain Commission, Michigan Department of Natural Resources and Department of Environmental Quality, and other appropriate state and county review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium project.

         E.   The building site for each site condominium unit shall comply with all applicable provisions of this Zoning Code for the zoning district in which it will be located, including minimum lot area, minimum lot width, required front, side and rear yards, and maximum building height. Building setback lines showing distances from all lot lines shall be illustrated on the project plan.

         F.   The site condominium project shall be connected to the City water and sanitary sewer facilities, if the location of the existing lines are within 200 feet of the property proposed for the site condominium. If public water and sanitary sewer facilities are not available, each condominium unit shall either be served by a private central system (designed for connection to a public system when and if a public system is made available), or shall have a well, septic tank, and drain field located within the condominium unit's building site.

         G.   A map of the entire area scheduled for development if the proposed project is a portion of a larger holding intended for subsequent development.

         H.   Additional information which will assist the applicant in proceeding in a reasonable and sound manner toward final approval of the project.

   (d)   Planning Commission Review.

      (1)   After reviewing the preliminary site condominium project plan, the Planning Commission shall prepare a written statement of recommendations regarding the proposed site condominium project, including any suggested or required changes in the plan. The Planning Commission shall provide a copy of its written recommendations to the applicant and to the City Council.

      (2)   If the preliminary project plan does not meet all requirements contained herein, the Planning Commission shall notify the applicant by letter indicating any additional information or changes required.

(Ord. 182. Passed 5-12-98.)

   (a)   After receiving the Planning Commission's recommendations on the preliminary plan, the applicant shall submit to the City Clerk twelve copies of a final site condominium development plan which complies with the requirements for a preliminary site condominium project plan. The applicant shall also submit copies of reviews by those agencies with jurisdiction over the project. The City Clerk shall forward the copies of the final plan and other information to the City Council.

   (b)   The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the Planning Commission based on its prior review of the preliminary plan. Except for changes made to the plan as necessary to incorporate the recommendations of the Planning Commission, the final plan shall otherwise be identical to the preliminary plan which was reviewed by the Planning Commission.

   (c)   After receiving the Planning Commission's recommendations on the preliminary plan and a final site condominium development plan from the applicant, the City Council shall review and may approve, deny or approve with conditions the plan.

   (d)   The City Council may grant tentative approval of the project and shall set forth in writing the requirements that must be met for approval.

   (e)   The City Council shall not review, approve or reject a final project plan until it has received a report and recommendation from the Planning Commission on the preliminary project plan.

   (f)   As a condition of approval of a final site condominium project plan:

      (1)   The City Council may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Council covering the estimated cost of improvements associated with the site condominium project for which approval is sought, be deposited with the City Clerk, as provided by Section 1258.10.

      (2)   The City Council may impose additional reasonable conditions of approval necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility load caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

   (g)   Expandable or Convertible Condominium Projects. Approval of a final site condominium project plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the City Council in compliance with the procedures, standards, and requirements of this chapter.

(Ord. 182. Passed 5-12-98.)

   (a)   No buildings or structures shall be constructed nor shall any other site improvements or changes be made on the property in connection with a proposed site condominium project except in compliance with a final site condominium project plan as approved by the City Council, including any conditions of approval.

   (b)   Required permits may be issued by the City Building Inspector, and the developer may proceed with the project provided:

      (1)   A final site condominium project plan has been approved by the City Council and the approved plan signed by the Zoning Administrator;

      (2)   All conditions to commencement of construction imposed by the City Council have been met; and

      (3)   All applicable inspections, approvals, or permits from appropriate County and State review and enforcement agencies have been obtained for the project.

(Ord. 182. Passed 5-12-98.)

   Any change proposed in connection with a project for which a final site condominium project plan has previously been approved by the City Council shall be subject to review as provided by this section:

   (a)   Any change which constitutes a major change shall be reviewed by the Planning Commission and reviewed and approved by the City Council as provided by this chapter for the original review and approval of preliminary and final plans.

   (b)   Any change which constitutes a minor change shall be reviewed and approved by the Planning Commission alone without the need for a City Council review.

   (c)   Any change which constitutes an exempt change shall not be subject to review by the City under this chapter, but a copy of changes proposed (and of the changes made, if different than proposed) shall be filed with the City Clerk.

(Ord. 182. Passed 5-12-98.)

   All provisions of a final site condominium project plan which are approved by the City Council as provided by this chapter shall be incorporated by reference in the Master Deed for the site condominium project. Further, all major changes to a project shall be incorporated by reference in the Master Deed. A copy of the Master Deed as recorded with the Oceana County Register of Deeds shall be provided to the City Clerk within ten days after recording the plan with the County.

(Ord. 182. Passed 5-12-98.)

   No approval of a final site condominium project plan by the City Council shall be effective for a period of more than one year, unless construction of the project commences within that one year period and is diligently pursued to completion in accordance with the terms and conditions of the approval. This one year period may be extended by the Council in its discretion for additional periods of time as determined appropriate by the Council if the extension is applied for by the applicant within the effective period of the approval.

(Ord. 182. Passed 5-12-98.)

   A variance from the provisions of this chapter may be granted if the applicant demonstrates that literal enforcement of any of the provisions of this chapter is impractical, or will impose undue hardship in the use of the land because of special or peculiar conditions pertaining to the land. Upon application, the City Council, after recommendation by the Planning Commission, may permit a variance or variances which are reasonable and within the general policies and purposes of this chapter. The Planning Commission and City Council may attach conditions to the variance. Variances from regulations not contained but required by this chapter such as lot width or lot size shall be reviewed by the Zoning Board of Appeals as required by this Zoning Code.

(Ord. 182. Passed 5-12-98.)