The purpose of this Article is to regulate projects that divide real property under a contractual arrangement known as a condominium. New and conversion condominium projects shall conform to the requirements of this Ordinance, all other applicable City regulations, and the Condominium Act (P.A. 59 of 1978, as amended). Each condominium project shall be reviewed in a manner consistent with equivalent projects within the applicable zoning district.

A site condominium project shall be considered equivalent to a platted subdivision for the purposes of enforcing all site standards of the City. It is the intent to regulate site condominium projects in a manner consistent with a traditional subdivision plat, except that the review procedures of this Article and Ordinance shall apply.

The following regulations shall apply to all condominium projects:

A.

Condominium Unit or Site Condominium Lot.

For all purposes of this Ordinance, each detached condominium unit or site condominium lot shall be considered the equivalent of a platted lot of record as defined in the City of Riverview Subdivision Regulations, and shall comply with all applicable regulations for the applicable zoning district.

The relocation of boundaries or any other change in the dimensions of a condominium unit or site condominium lot shall be considered an amendment to the condominium documents and condominium site plan.

B.

Area Computation.

Areas within a public or private street right-of-way, or any equivalent easement or dedication, shall not be included in the calculation of the minimum area of a condominium lot or the determination of dwelling density for a site.

C.

Condominium Units.

1.

Single-family detached units. In the case of a condominium project in which the condominium units are intended for detached single-family residential purposes (site condominium), not more than one (1) single-family dwelling unit and permitted accessory structure shall be proposed or constructed on a condominium lot. No dwelling unit may be located on a condominium lot with any other approved principal use. The condominium unit shall be considered a lot under this Ordinance.

2.

Attached or multiple-family residential units. All condominium buildings and units created by the construction of multiple or attached residential units containing individually owned condominium units, or by conversion of existing multiple-family or attached units into individual condominium units, shall conform with all requirements of this Ordinance and the applicable zoning district.

3.

Non-residential condominium units. A non-residential condominium project consisting of either new building construction or the conversion of existing building(s) into individual condominium units, shall conform with all requirements of this Ordinance and the applicable zoning district.

D.

Setbacks.

Yard setback requirements for a structure, as specified in Article 9 (Schedule of Regulations) shall be measured from the perimeter of the condominium lot to the nearest part of the structure.

E.

Utility Connections.

Each site condominium unit shall be separately connected to available public water supply and sanitary sewer system.

F.

Relocation of Lot Boundaries.

Relocation of condominium lot boundaries, if allowed in the condominium documents, as permitted in Section 48 of the Condominium Act (P.A. 59 of 1978, as amended), shall comply with the requirements of Article 9 (Schedule of Regulations), and shall be subject to the review procedures specified in Section 20.01 (Site Plan Review).

G.

Resulting Lots.

Any property remaining after the formation of a new unit lot by the relocation of an existing condominium lot boundary, as permitted by Section 49 of the Condominium Act (P.A. 59 of 1978, as amended), shall comply with the requirements of Article 9 (Schedule of Regulations), or shall be placed into common areas within the project.

H.

Roads in Condominium Projects.

All condominium projects shall require direct access and direct connection to a public road from the project site. All public or private streets within a condominium project shall conform to the standards and specifications of this Ordinance and those established by Wayne County and/or the City of Riverview for road design and maintenance, and shall be located within an approved and dedicated right-of-way of sufficient width and design to accommodate street pavement, sidewalks or paved pedestrian paths, and all necessary utilities.

A condominium project shall be subject to the site plan review procedures specified in Section 20.01 (Site Plan Review), and the following:

A.

Conceptual Review.

Applicants are encouraged to meet informally with the Community Development Director to discuss site issues and application of Ordinance standards, prior to submitting condominium site plans for formal review. Such review is intended to allow the developer to receive direction and recommendations from the City staff regarding unit or lot sizes, orientation, street layout, and other conceptual plan issues.

Prior to Planning Commission consideration, the conceptual condominium site plan and application shall be distributed to any review committee(s) for review and comment. The Community Development Director may also submit the plans to applicable outside agencies and designated City consultants for review and comment.

For site condominium developments, conceptual condominium site plan review shall be considered the equivalent of a preliminary investigation, as specified in the City of Riverview Subdivision Regulations.

B.

Condominium Site Plan Review.

Prior to recording of the Master Deed of the condominium project as required by Section 72 of the Condominium Act, each condominium project shall be subject to review and approval of a condominium site plan by the Planning Commission. For site condominium developments, condominium site plan review shall be considered the equivalent of a preliminary plat review, as specified in the City of Riverview Subdivision Regulations.

1.

Planning Commission Review. Based upon the design standards and requirements set forth in this Ordinance and other applicable City regulations, the Planning Commission shall review and take action regarding a condominium site plan application in accordance with the review procedures and standards specified in Section 20.01E (Site Plan Review Procedure).

2.

Effect of Approval or Approval Subject to Conditions. Approval of a condominium site plan shall mean that the plan meets the requirements of this Ordinance and other applicable City regulations, subject to any conditions imposed by the Planning Commission as part of its motion of approval.

3.

Effect of Denial. A denial shall mean that the condominium site plan does not meet the requirements of this Ordinance and other applicable City regulations. Any motion of denial shall specify the reasons for the denial and those requirements that are not met.

4.

Expiration of Approval. Condominium site plan approval shall be valid for a period of 24 months from the date of Planning Commission approval. Upon written request from the applicant, one (1) extension of up to 365 days may be granted if the approved condominium site plan adequately represents current conditions on and surrounding the site.

C.

Outside Agency Permits or Approvals.

The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies, prior to construction plan approval.

D.

Condominium Construction Plan Review.

Prior to receiving a permit for construction of any improvements to the land, each condominium project shall be subject to administrative review and approval of a condominium construction plan by the Building Official. Where the Building Official determines that the site design or improvements shown on the construction plan have been materially altered from that shown on the approved condominium site plan, such plans shall be submitted to the Planning Commission for review and approval as an amended site plan.

1.

For site condominium developments, condominium construction plan review shall be considered the equivalent of a final plat review, as specified in the City of Riverview Subdivision Regulations.

2.

A condominium construction plan application shall be reviewed and acted upon in accordance with the review procedures and standards specified in Section 20.01G (Construction Plan Review Procedure).

3.

Following construction plan approval, the Building Official may issue applicable permits for construction.

A.

Conceptual Condominium Plan Requirements.

The following information must be included on, or attached to a conceptual condominium project site plan:

1.

Ownership Interest. Declaration of all persons with an ownership interest in the land on which the condominium project will be located, including a description of the nature of each entity's interest (for example, fee owner, option holder, lessee, or land contract vendee).

2.

Proposed Use. The proposed use(s) of the condominium project (for example: residential, commercial, industrial).

3.

Density. The total acreage of the condominium site, acreage set aside for roads and parking areas, number of condominium units to be developed on the subject parcel and density computation on a unit per acre basis.

4.

Circulation. The vehicular and pedestrian circulation system planned for the proposed development, including the designation of any street(s) for private ownership or dedication to the public.

5.

Road Layout. The location of existing roads adjacent to the development with details on the connection of the project circulation system to the public system.

6.

Unit Lot Orientation. The proposed layout of structures, unit lots, parking areas, open space and recreation/park areas.

7.

Drainage. Site drainage showing topography and flow directions, including computations of flows into storm sewers or retention and/or detention areas;

8.

Natural Features. Specific locations and dimensions of wetland areas, wetland buffers, floodplain, and significant natural features such as tree stands, unusual slopes, streams and water drainage areas. Include the total acreage of all wetland areas and open space.

B.

Condominium Site Plan Requirements.

A condominium site plan shall be provided to the Community Development Director in advance of a meeting for which a review is scheduled. The condominium site plan may be reviewed and processed concurrently with the notice required to be given to the City pursuant to Section 71 of the Condominium Act (P.A. 59 of 1978, as amended). The following information shall be included with a condominium site plan:

1.

Conceptual Condominium Site Plan Information. All information required for a conceptual condominium site plan, as specified in Section 21.04A (Conceptual Condominium Plan Requirements) above.

2.

Landscaping. Proposed landscape screening, including greenbelt, berms, and screening walls, and a maintenance plan that is in compliance with Article 14 (Landscaping and Screening).

3.

Condominium Restrictions. All deed restrictions or other regulations proposed to be included in the condominium documents in the nature of restrictive covenants that regulate the layout, use and maintenance of public or common areas, accessory structures, payment of assessments, and enforcement of condominium regulations. All items shall be physically incorporated as part of the site plan through detail sheets attached with the plan.

4.

Common Areas Defined. Limited common elements, common elements, unit lots, preservation areas, convertible areas and any other designated ownership areas must be clearly delineated on the site plan.

5.

Documents. All condominium documents must be provided for review by the City Attorney.

6.

Additional Information. The following additional information must be submitted for City review:

a.

Cross sections of roads, drive aisles and paved area;

b.

Preliminary approval by the City Engineer and the appropriate Wayne County department(s) for proposed sanitary, storm, and/or water system locations.

c.

All condominium documents as defined in this Ordinance.

d.

All necessary easement documents showing the dedication of land areas for the purposes of constructing, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including conveyance of sewage, water and storm water run-off across, through and under the property subject to said easement, and excavating and refilling ditches and trenches necessary for the location of said structures.

C.

Condominium Construction Plan Requirements.

The developer or proprietor may request condominium construction plan approval by submitting to the Building Official the following items:

1.

Revised Plan. A revised, dated, and sealed condominium construction plan shall be submitted incorporating all changes, if any, required to comply with condominium site plan approval.

2.

Condominium Site Plan Information. All information required for a condominium site plan, as specified in Section 21.04B (Condominium Site Plan Requirements) above.

3.

Outside Agency Approvals. Verification of all required state and county approvals or comments pursuant to Section 21.03C (Outside Agency Permits or Approvals) above.

4.

Section 71 Comments. Presentation of all comments pursuant to Section 71 of the Condominium Act (P.A. 59 of 1978, as amended).

5.

Condominium Documents. Copies of the recorded condominium documents or copies of the documents in their final recordable form, including the required condominium construction plan (Exhibit B).

The following standards are applicable to condominiums:

A.

Underlying Zoning Requirements.

Condominium units shall be subject to all dimensional and area requirements and other design standards for the zoning district in which they are located, as specified in Article 9 (Schedule of Regulations). All dimensions and required information shall be shown on the site plan so that the Planning Commission can clearly determine that all applicable minimum requirements are met.

B.

Dimensions and Setbacks.

The regulations shall be applied by requiring that the minimum area of the site condominium unit and the surrounding limited common element be, at least equal to the minimum lot area and lot width requirements for appropriate district in which the project is located

C.

Subdivision Requirements.

The substantive requirements for streets, sidewalks, utilities, storm drainage and subdivision lot layout and design as set forth in the Land Division Act (P.A. 288 of 1967, as amended), and the design standards specified in the City of Riverview Subdivision Regulations, shall apply to all site condominium projects.

D.

Conversion Condominiums.

All conversion condominium projects shall be subject to the dimensional requirements of the Zoning Ordinance and shall require site plan approval by the Planning Commission prior to the occupancy of any unit converted to a condominium unit. The site plan submitted for a conversion project shall include all existing conditions and clearly identify all proposed site changes. The Riverview Planning Commission shall review the site plan for a condominium conversion in the same manner as a new development on the site.

All site condominium projects shall be clearly marked with monuments as follows:

A.

Required.

Monuments shall be placed in the ground according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.

B.

Construction.

All monuments used shall be made of solid iron or steel bars at least one-half (½) inch in diameter and 36 inches long, and completely encased in concrete at least four (4) inches in diameter.

C.

Location.

Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and at the intersection of all limited common elements and all common elements.

1.

Reference. If the required location of a monument is inaccessible, or if the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.

2.

Steel Rods. If a monument point is required to be on a bedrock outcropping, a steel rod, at least one-half (½) inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight (8) inches.

3.

Set at Grade. All required monuments should be placed flush with the surrounding grade where practicable.

D.

Condominium Unit Corners.

Each site condominium unit corner shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half (½) inch in diameter, or other markers approved by the City Engineer. Each condominium lot must be able to be defined by reference to appropriate condominium unit monuments.

E.

Timing.

The Building Official, upon recommendation of the City Engineer, may waive the placing of any required monuments and markers for a reasonable time period on the condition that the proprietor deposits with the City Clerk cash or a certified check, or an irrevocable bank letter of credit in an amount recommended by the City Engineer.

The period shall not exceed 365 days after the date of condominium construction plan approval. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a licensed surveyor that the monuments and markers have been placed as required within the time specified. Failure to complete within the time period will lead to a forfeiture of the cash or a certified check, or an irrevocable bank letter of credit and the completion of the placement under the direction of the Building Official.

A.

Document Submittals.

1.

It shall be the responsibility of a developer or proprietor of a condominium project to furnish the following items to the Building Official:

a.

One (1) copy of the recorded Master Deed;

b.

One (1) copy of all restrictive covenants;

c.

Two (2) copies of an "as built survey" sealed by a licensed professional engineer, landscape architect or registered planner;

d.

One (1) copy of the site plan sealed by a professional engineer, landscape architect or registered planner on a mylar sheet in a format acceptable to the City; and

e.

One (1) copy of the project site plan clearly showing unit lot lines and other area divisions, in an electronic format that is acceptable to the City.

2.

The Building Official may withhold the issuing of any certificate of occupancy for any structure within the condominium project, if such documents have not been submitted within 10 days after written request from the Building Official to do so.

3.

The developer or proprietor shall also file, with the Wayne County Register of Deeds, all documents in a manner and format acceptable to the County for the recording of the plan and documents.

B.

Temporary Occupancy.

The Building Official may allow occupancy of a condominium unit before all required improvements are installed, provided that a bond sufficient in amount and type to provide for the installation of all remaining improvements without expense to the City is submitted. Improvements must be completed before the expiration of the temporary occupancy permit to prevent forfeiture and completion of improvements under the direction of the City.

C.

Plan Revisions.

If the condominium construction plan [Exhibit B, as required by the Condominium Act (P.A. 59 of 1978, as amended)] is revised, the revised plan shall be submitted to the City for review and approval in accordance with the procedure specified in Section 20.01K (Revisions to Approved Site Plans).

D.

Amended Documents.

Amendments to any condominium document that significantly impact the approved condominium site plan, or any conditions of the condominium site plan approval, shall be submitted to the Planning Commission for review and approval, prior to the issuance of a building permit.

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