The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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.
Condominium Act means Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.).

Condominium project means a condominium project developed under the Condominium Act.

Condominium structure means 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.

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.

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 article. 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 this chapter.

Limited common element means an area appurtenant to a site condominium unit and reserved in the master deed for the site condominium project for the exclusive use of the owner of the site condominium unit.
Lot means the same as building site and is that portion 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 article; or
2. The contiguous limited common element under and surrounding a condominium unit that is or shall be assigned to the owner 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 article.

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 20 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 subject to regulation under this chapter, 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.

Master deed means the legal document prepared and recorded pursuant to the Condominium Act 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.
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 20 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 subject to regulation under this chapter, and which, as determined by the planning commission, does not constitute a major change.

Setback, front, side and rear yard, means 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.

Site condominium project means a plan or project consisting of not less than two site condominium units established in compliance with the Condominium Act.

Site condominium project plan means the plans, drawings and information prepared for a site condominium project as required by section 66 of the Condominium Act (MCL 559.166, MSA 26.50(166)) and as required by this article for review of the project by the planning commission and the council.

(Ord. No. 301, § 10(3.264), 2-10-97)

Cross reference - Definitions generally, § 1-2.

1. The purpose of this article is to provide procedures for the orderly use and development of property that results in the creation of five or more lots, each of which is ten acres or less in size and is not otherwise regulated by article II of chapter 46 of this Code and the Subdivision Control Act of 1967, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.). This article ensures 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 article II of chapter 46 of this Code. This article 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.
2. In addition, the purpose of this article is to:
   1. Provide for orderly growth and harmonious development of the city consistent with orderly growth policies;
   2. Secure adequate traffic circulation through coordinated street systems with proper relation to major thoroughfares, adjoining subdivisions, and public facilities;
   3. Achieve adequate provisions for water, drainage and sanitary facilities, and other health requirements;
   4. Encourage the provision of recreational areas and facilities, school sites and other public facilities;
   5. Ensure against the creation of unsafe or undesirable conditions;
   6. Regulate the density of development in relation to the availability of, or lack of, utility service;
   7. Conserve natural features;
   8. Carry out the purpose and intent of the city's master plan and this chapter; and
   9. Provide procedures for the achievement of these purposes.
3. 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.
4. 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 this chapter 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. No. 301, § 10(3.261), 2-10-97)

To ensure that site condominium projects comply with this chapter, this article requires preliminary review of site condominium project plans by the planning commission followed by final review and approval by the council, as provided by the Condominium Act. Site condominium projects may be approved as provided by this article in any zoning district for the uses permitted in the zoning district in which the project is located.

(Ord. No. 301, § 10(3.262), 2-10-97)

The schedule of fees for the review of projects under this article shall be as required by council resolution.

(Ord. No. 301, § 10(3.263), 2-10-97)

1. Required. Prior to final review and approval of a site condominium project plan by the 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 article.
2. Application submittal requirements. An application for preliminary site plan review along with 14 sets of the plan shall be submitted to the city clerk/treasurer at least two weeks prior to the next scheduled planning commission meeting along with a fee as set by the 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 of record if different than the applicant.
   4. The address of the property.
   5. Legal description or permanent parcel number of the property.
   6. Project description.
   7. Size of the parcel in acres.
   8. Signature of the applicant and owner of the property.
3. Technical review. The city clerk/treasurer shall transmit the application and project plans to the city manager 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 article and a report prepared for the planning commission.
4. Requirements for preliminary plans. The preliminary plan shall at a minimum contain those items required by section 46-142. In addition, the following requirements and standards shall apply:
   1. A condominium project plan shall include the documents and information required by section 66 of the Condominium Act (MCL 559.166, MSA 26.50(166)), including the signature and seal of the architect, land surveyor or engineer that prepares the plan.
   2. A statement describing the proposed method of providing potable water supply, waste disposal facilities and public and private utilities, and a statement from the district health department indicating the suitability of the land for the operation of septic tanks, if proposed, shall be included.
   3. All private streets in a site condominium shall comply with the standards for city public street construction.
   4. 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, shall be included.
   5. A storm drainage and a stormwater management plan, including all lines, swales, drains, basins, and other facilities and easements granted to the city for installation, repair and maintenance of all drainage facilities, shall be included.
   6. In its review of a site condominium project plan, the planning commission may consult with the city manager, city planner, or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design, or other aspects of the proposed project.
   7. The planning commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the district health department, county road commission, county drain commission, state department of natural resources, state department of public health, and other appropriate state and county review and enforcement agencies having direct approval of permitting authority over any aspect of the proposed site condominium project.
   8. The building site for each site condominium unit shall comply with all applicable provisions of this article 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. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side or rear yards shall be determined by measuring the distance from the equivalent front, side or rear yard boundaries of the building site closest respective front, side or rear boundary of the building envelope. Building setback lines showing dimensions from all streets and lot lines shall be illustrated on the project plan.
   9. If a site condominium project 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 city.
   10. 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 drainfield located within the condominium unit's building site. Water and sanitary sewer facilities shall be installed according to the standards of the district department of health and the city.
   11. The name of abutting developments, if any, shall be included.
   12. A map of the entire area scheduled for development if the proposed project is a portion of a larger holding intended for subsequent development shall be included.
   13. The land use and existing zoning of the proposed project shall be included. Zoning and land use on adjacent parcels should also be illustrated.
   14. A table listing the proposed lots by number, and the respective lot area for each lot shall be included.
   15. Additional information that will assist the applicant in proceeding in a reasonable and sound manner toward final approval of the project shall be included.
5. 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 council.
   2. If the preliminary project plan does not meet all requirements contained in this section, the planning commission shall notify the applicant by letter indicating any additional information or changes required.

(Ord. No. 301, § 10(3.265), 2-10-97)

1. After receiving the planning commission's recommendations on the preliminary plan, the applicant shall submit to the city clerk/treasurer 14 copies of a final site condominium development plan that 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 as noted in section 90-735(d)(7). The city clerk/treasurer shall forward the copies of the final plan and other information to the council.
2. 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. If any of the planning commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify in writing which recommendations have not been incorporated and the reasons why those recommendations have not been incorporated. 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 reviewed by the planning commission. Changes made to the plan other than those necessary to incorporate the recommendations of the planning commission shall be reviewed by the planning commission as provided by this article prior to approval of the plan by the council.
3. After receiving the planning commission's recommendations on the preliminary plan and a final site condominium development plan from the applicant, the council shall review and may approve, deny or approve with conditions the plan in accordance with the standards and requirements of sections 46-33, 46-35, 46-36, 46-38, 46-40, 46-191 through 46-195 and 46-217 through 46-223 and other applicable procedures, standards and requirements provided by this article.
4. The council may grant tentative approval of the project and shall set forth in writing the requirements that must be met for approval.
5. The 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.
6. As a condition of approval of a final site condominium project plan:
   1. The council may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the board covering the estimated cost of improvements associated with the site condominium project for which approval is sought be deposited with the city clerk/treasurer as provided by section 46-36.
   2. The council may impose additional reasonable conditions of approval necessary to ensure 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 ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
7. 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 council in compliance with the procedures, standards and requirements of this article.

(Ord. No. 301, § 10(3.266), 2-10-97)

1. 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 council, including any conditions of approval.
2. Required permits may be issued by the building inspector, and the developer may proceed with the project provided:
   1. A final site condominium project plan has been approved by the council and the approved plan signed by the city clerk/treasurer and mayor;
   2. All conditions to commencement of construction imposed by the 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. No. 301, § 10(3.267), 2-10-97)

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

1. Any change that constitutes a major change shall be reviewed by the planning commission and reviewed and approved by the council as provided by this article for the original review and approval of preliminary and final plans.
2. Any change that constitutes a minor change shall be reviewed and approved by the planning commission alone without the need for a council review.
3. Any change that constitutes an exempt change shall not be subject to review by the city under this article, but a copy of changes proposed (and of the changes made if different than proposed) shall be filed with the city clerk/treasurer.

(Ord. No. 301, § 10(3.268), 2-10-97)

All provisions of a final site condominium project plan that are approved by the council as provided by this article 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 county register of deeds shall be provided to the city clerk/treasurer within ten days after recording the plan with the county.

(Ord. No. 301, § 10(3.269), 2-10-97)

No approval of a final site condominium project plan by the 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. No. 301, § 10(3.269A), 2-10-97)

A variance from the provisions of this article may be granted if the applicant demonstrates that literal enforcement of any of the provisions of this article 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 council, after recommendation by the planning commission, may permit a variance or variances that are reasonable and within the general policies and purposes of this article. The planning commission and council may attach conditions to the variance. Variances from regulations not contained but required by this article such as lot width or lot size shall be reviewed by the zoning board of appeals as required by this chapter.

(Ord. No. 301, § 10(3.269B), 2-10-97)