Holly City Zoning Code
CONDOMINIUM DEVELOPMENT
STANDARDS
§ 157.260 INTENT.
(A) The intent of this subchapter is to provide regulatory standards for condominiums and site condominiums similar to those required for projects developed under other forms of ownership.
(B) This subchapter is not intended to prohibit or treat a proposed or existing condominium project different than a project developed under another form of ownership.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.261 APPLICATION OF REQUIREMENTS.
(A) The definitions contained in § 157.008, Definitions, are intended to make comparison possible between the definitions of terms in this chapter for lots, conventional platted lots, and subdivisions and to ensure that the standards in the zoning ordinance are properly and uniformly applied to condominiums and site condominium projects.
(B) Site condominium projects in single-family residential districts shall comply with all setback, height, coverage, and area restrictions in § 157.009 in the same manner as these standards would be applied to lots and platted lots in a subdivision. Site condominium projects also shall conform to the design layout and improvement standards in Ch. 153, however, the plat review and approval process required by Ch. 153 shall not apply to site condominiums. Multiple-family residential buildings shall meet the standards for multiple-family developments.
(C) The relocation of boundaries as defined in § 148 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. § 559.148, shall conform to all setback requirements of § 157.009 for the district in which the project is located, shall be submitted to the Planning Commission and/or Zoning Commission, as required, for review and approval and these requirements shall be made a part of the by-laws and recorded in the master deed.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.262 APPROVAL OF PLANS.
Prior to the issuance of any building permit, all condominium plans must be approved by the Planning Commission and/or Zoning Commission, as required, following the site plan review process in §§ 157.190 through 157.204, “Site Plan Review and Approval”, in reviewing the project, the Planning Commission and/or Zoning Commission, as required, shall consult with the Village Attorney, Village Planner, and the Village Engineer regarding the adequacy of the master deed, deed restrictions, utility systems, streets, project design and layout and compliance with the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.263 STREETS AND NECESSARY EASEMENTS.
Condominium projects with streets shall comply with all street requirements found in this code of ordinances. Projects which connect to public streets shall have the project street dedicated to the public. The condominium plan shall include all easements granted to the village necessary to construct, operate, inspect, maintain, repair, alter, replace, and/or remove pipelines, mains, conduits, and other installations of a similar character for the purpose providing public utilities. Public utilities shall include, but not limited to, conveyance of sewage, water and stormwater runoff across, through and under the property subject to such easement, and excavating and filling ditches and trenches necessary for the location of such structures.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.264 SUBDIVISION OF UNIT SITES.
Subdivision of condominium unit sites or lots is permitted subject to Planning Commission and/or Zoning Commission, as required, approval and the submittal of the amended by-laws and master deed to determine the effect of the subdivision on conditions of zoning or site plan approval, and shall be made as part of the by-laws and recorded as part of the master deed.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.265 WATER AND WASTEWATER.
The condominium project shall comply with and meet all federal, state, and county standards for a fresh water system and wastewater disposal.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.266 MASTER DEED.
(A) The project developer shall furnish the Administrative Official with one copy of the proposed consolidated master deed, one copy of by-laws and two copies of the proposed plans.
(B) The master deed and by-laws shall be reviewed for compliance with this code of ordinances to ensure that an assessment mechanism has been included to guarantee the financing of adequate maintenance of common elements.
(C) Master deeds submitted to the village for review shall not permit contraction of the condominium (whereby co-owners can withdraw from the condominium and responsibility for maintenance of common elements) without re-submittal of the master deed and by-laws to the Village Planning Commission and/or Zoning Commission, as required, for review and approval. Fees for these reviews shall be as established, from time to time, by the Village Council.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.267 AS BUILT PLAN AND OCCUPANCY.
(A) (1) Submission of an as built plan of a condominium project is required prior to occupancy.
(2) The Administrative Official may allow occupancy of the project before all improvements required are installed; provided, that a bond is submitted to the Village Clerk-Treasurer, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city.
(B) The amount of the bond shall be determined by the Village Council based on an estimate of the city engineers.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.268 FINAL BY-LAWS, CONSOLIDATED MASTER DEED, AND SITE PLAN.
Upon approval of the condominium site plan, the applicant shall furnish the Village Clerk-Treasurer a copy of the by-laws and consolidated master deed. A site plan shall be provided on a Mylar sheet of at least 24 inches by 36 inches.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.999 PENALTY.
(A) Generally.
(1) Municipal civil infraction. A person, corporation, or firm who, as a result of violating any provision of this chapter, is responsible for a municipal civil infraction shall pay a civil fine of not more than $500, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines a set forth below. As used in this section, REPEAT OFFENSE means a second or any subsequent municipal civil infraction violation of the same requirement or provision of this chapter:
(a) Committed by a person, corporation or firm within any 24-month period; and
(b) 1. For which the person admits responsibility or is determined to be responsible.
2. The increased fine for a repeat offense under this chapter shall be as follows.
a. The fine for any offense which is a repeat offense shall be no less than $100, plus costs and other sanctions.
b. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $200, plus costs and other sanctions.
(2) Fines for violation notices. A person, corporation, or firm who, as a result of violating any provision of this chapter, receives a municipal civil infraction violation notice, upon a determination of responsibility thereon, shall pay a civil fine at the village Municipal Ordinance Violations Bureau as follows:
(a) Fifty dollars for the first violation;
(b) One hundred dollars for the second violation within a 12-month period; and
(c) Two hundred for the third or subsequent violation within a 24-month period.
(B) Deviation of approved PUD site plans. Pursuant to § 157.105, any deviation from the approved PUD site plan, except as authorized in this chapter, shall be considered a violation of this subchapter and treated as a misdemeanor. Further, any such deviation shall invalidate the PUD designation.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)