The intent of this article is to ensure that plans for site condominium developments within the city, proposed under the provisions of the Condominium Act (MCL 559.101 et seq.), shall be reviewed in the same manner and with the intent of achieving the same characteristics as if the development and improvements therein were being proposed pursuant to the Land Division Act, (MCL 560.101 et seq.). It is also the intent of this section to ensure that such development is in conformance with the requirements of this chapter and other applicable local, state, and federal regulations.

(Ord. No. 152, 5-1-2006)

(a)   Site plan required. No building permit shall be issued for any unit, and no construction, grading, work, or other development shall be done upon any land intended to be used for a site condominium until a final site plan has been approved in accordance with division 1 of article VII of this chapter and the additional standards of this article.

(b)   Permitted districts. A site condominium development is permissible in all zoning districts.

(c)   Equivalent of a lot. The condominium unit and the limited common area reserved in the master deed for the exclusive use of the co-owner of that unit in a site condominium development are considered together as the functional equivalent of a standard subdivision "lot". (See figure 100-104 in chapter 100).

(d)   Compliance with district regulations. A site condominium development shall comply with the district regulations and dimensional requirements of the zoning district in which it is located.

(e)   Condominium lot as basis of measurement. 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.

(f)   Water and sanitary sewer service. Each condominium lot shall be connected to the water and sanitary sewer facilities of the city.

(g)   Condominium unit boundary relocation. Relocation of boundaries between adjoining condominium units 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 planning commission. These requirements shall be made a part of the bylaws and recorded as part of the master deed.

(h)   Condominium lot split. 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 planning commission. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(i)   Compliance with subdivision ordinance. All site condominium projects shall conform to the applicable standards of article II of chapter 74.

(j)   Amendment to master deed or bylaws. Any amendment to a master deed or bylaws that affects the approved final site plan, shall be reviewed and approved by the original approving authority of the city before the issuance of a building permit or the recording of the revised master deed or bylaws.

(k)   Development agreement. The city may require, as a condition of approval, that the applicant enter into a development agreement incorporating the terms and conditions of final site plan approval and record the same in the office of the county register of deeds.

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

(m)   Monuments and lot irons. 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. The city may grant a delay in 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 clerk a performance guarantee in accordance with section 94-100 of this chapter in an amount determined 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 that the monuments and irons have been set as required and 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 performance guarantee.

(Ord. No. 152, 5-1-2006)

All proposals to divide property other than according to the Land Division Act (MCL 560.101 et seq.) or article II of chapter 74, must comply with this article.

(a)   Filing. The preliminary site plan shall be filed for review and approval in accordance with division 1 of article VII of this chapter.

(b)   Information required. In addition to the standards of division 1 of article VII of this chapter, the following shall be provided with the preliminary site plan:

   (1)   The boundaries of all condominium units, limited common elements, general common elements, and building envelopes.

   (2)   Statements regarding the use and occupancy restrictions and maintenance provisions for all general and limited common elements as will be contained in the master deed.

(Ord. No. 152, 5-1-2006)

(a)   Filing. The final site plan shall be filed for review and approval in accordance with division 1 of article VII of this chapter.

(b)   Information required. A final site plan shall include a condominium subdivision plan including all information required in section 66 of the Condominium Act (MCL 559.166) and the master deed and by-laws.

(c)   Agency approval. The applicant shall provide proof of approval by all local, state, and federal agencies having jurisdiction over the improvements in the site condominium development, including the county drain commissioner, county road commission, and the county health department.

(d)   Amendments to master deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, shall be reviewed and approved by the original approving body before any building permit may be issued where such permit is required.

(e)   Rights-of-way and utility easements. All rights-of-way and utility easements 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 and utility easements shall be separately designed for their individual purpose, such as access, roadway, location, installation, maintenance and replacing of public utilities. The developer shall dedicate to the appropriate agency all easements for utilities. All roads shall be constructed in accordance with the standards of the city. Water, sewer and electrical easements may be placed within streets, subject to the approval of the city and the county road commission as applicable.

(Ord. No. 152, 5-1-2006)