Site condominiums are developments in which land is divided into condominium units which consist of an area of land and a volume of air space within which building or other types of improvements may be constructed. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit. 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 ordinance and other applicable laws, ordinances and regulations.

Site condominiums may also include general common elements consisting of common open space, recreational areas, streets, and other areas and amenities available for use by all owners of condominium units within the development.

This chapter requires preliminary review by the planning commission followed by final review and approval by the city commission of site condominium plans to ensure that site condominiums comply with this ordinance and other applicable city ordinances.

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. In a single-family residential site condominium project, the building envelope refers to the areas of each condominium unit within which the dwelling and any accessory structures may be built.

b)

Building site means either:

1)

The area within the site condominium unit by itself (i.e., exclusive of any appurtenant limited common element), including the area under the building envelope; or

2)

The area within the condominium unit, taken together with any contiguous and appurtenant limited common element.

For purposes of determining compliance with the applicable requirements of the zoning ordinance (including, without limitations, height, area, yard, and density requirements) or with other applicable laws, ordinance or regulations, a "building site" shall be considered to be the equivalent of a "lot."

c)

Condominium Act means Public Act 59 of 1978, as amended.

d)

Limited common element means an area which is appurtenant to a site condominium unit and which is reserved in the master deed for the exclusive use of the owner or co-owners of a specific unit or units.

e)

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

f)

Site condominium development plan means the plans, drawings and information prepared for a site condominium development as required by section 66 of the Condominium Act and as required by this chapter for review of the development by the planning commission and the city commission.

g)

Site condominium unit means a condominium unit established in compliance with the Condominium Act which consists of that portion of the condominium project designed and intended for separate ownership and use.

Except as otherwise provided by this chapter, the following words and phrases, as well as any other words or phrases used in this chapter which are specifically defined in the Condominium Act, shall conform to the meaning given to them in the Condominium Act: "common elements"; "condominium documents"; "condominium unit"; "contractible condominium"; "convertible area"; "expandable condominium"; "general common elements"; and "master deed."

a)

Prior to final review and approval of a site condominium development plan by the city commission, a preliminary site condominium development plan shall be reviewed by the planning commission in accordance with the procedures, standards and requirements provided by this chapter. Such review shall take place following a public hearing by the planning commission on the preliminary plan. Notice of the hearing shall be as required in section 21.11 herein.

b)

Application for review and approval of a site condominium development plan shall be initiated by submitting to the zoning administrator:

1)

A minimum of 12 copies of a preliminary site condominium development plan which complies with the requirements of article 2 of the city subdivision ordinance; and

2)

An application fee in accordance with the fee schedule established by resolution of the city commission.

c)

The planning commission shall review the preliminary site condominium development plan in accordance with the standards and requirements contained in article 2 of the city subdivision ordinance. All of the requirements for plats, as set forth in said article 4, shall be requirements for site condominium developments. In addition, the following standards and requirements shall apply:

1)

In its review of a site condominium development plan, the planning commission may consult with the zoning administrator, city attorney, city engineer, city planner, and appropriate city departments or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, development layout and design, or other aspects of the proposed development.

2)

The building site for each site condominium unit shall comply with all applicable provisions of this ordinance, including minimum lot area, minimum lot width, required front, side and rear yards, and maximum building height.

3)

All private streets in a site condominium development shall be developed as required by the private street requirements of this zoning ordinance.

4)

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. Water and sanitary sewer facilities shall be approved by the Montcalm County Health Department.

5)

The planning commission shall require that portions of the plan as relevant to the reviewing authority in question be submitted to the Montcalm County Health Department, Montcalm County Road Commission, Montcalm County Drain Commissioner, Michigan Department of Natural Resources, Michigan Department of Environmental Quality, Michigan Department of Public Health, and other appropriate state and county review and enforcement agencies where approval is required by law over any aspect of the proposed site condominium development.

After reviewing the preliminary site condominium development plan, the planning commission shall prepare a written statement of its recommendations regarding the proposed site condominium development, 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 commission.

a)

After receiving the planning commission's recommendations on the preliminary plan, the applicant shall submit to the zoning administrator a minimum of ten copies of a final site condominium development plan which complies with the requirements of this section and of article 2 of the city subdivision ordinance. All of the requirements for plats, as set forth in said article 4, shall be requirements for site condominium developments. The zoning administrator shall forward the copies of the final plan to the city commission.

b)

The final site condominium 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 which was 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 prior to approval of the plan by the city 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 commission shall proceed to review and may approve, deny or approve with conditions the plan in accordance with the standards and requirements provided by article 4 of the city subdivision ordinance and other applicable procedures, standards and requirements provided by this chapter.

d)

As a condition of approval of a final site condominium development plan the city commission may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the commission covering the estimated cost of improvements associated with the site condominium development for which approval is sought to be deposited with the city.

A condominium development plan shall include the documents and information required by section 66 of the condominium act and by article 2 of the city subdivision ordinance, and shall also include the following:

a)

The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed.

b)

A storm drainage and stormwater management plan, including all lines, swales, drains, basins, and other facilities and easements granted to the appropriate municipality for installation, repair and maintenance of all drainage facilities.

c)

A utility plan showing all water and sewer lines and easements granted to the appropriate municipality for installation, repair and maintenance of all utilities.

d)

A street construction, paving and maintenance plan for all private streets within the proposed condominium development and maintenance plans for stormwater detention or retention areas and all other general common elements.

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 development, except in compliance with a final site condominium development plan as approved by the city commission, including any conditions of approval.

No building permit shall be issued, and no public sewer or public water service shall be provided for any dwelling or other structure located on a parcel established or sold in violation of this chapter. The sale, or the reservation for sale, of site condominium units shall be as regulated by the condominium act. No building in a site condominium development may be occupied or used until all required improvements have been completed and all necessary utilities installed.

Approval of a final site condominium development plan shall not constitute approval of expandable or convertible portions of a site condominium development unless the expandable or convertible areas were specifically reviewed and approved by the planning commission and city commission in compliance with the procedures, standards and requirements of this chapter.

Any change proposed in connection with a development for which a final site condominium plan has previously been approved shall be regulated by this section.

The following definitions shall apply:

a)

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 development; in the name of a street within the development; or in the name of the developer;

2)

A change in the voting rights of co-owners or mortgagees; or

3)

Any other change in the site condominium development which, as determined by the zoning administrator, 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 development which is subject to regulation under the zoning ordinance.

b)

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

1)

An increase 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 ordinance, 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 zoning administrator to constitute a major change to the site condominium project.

c)

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

1)

A decrease in the number of site condominium units;

2)

A reduction in the area of the building site for any site condominium unit;

3)

A reduction of less than ten percent in the total combined area of the general common elements of the site condominium;

4)

A reduction in the total combined area of all limited common elements of the site condominium;

5)

Any other minor variation in the site configuration, design, layout, topography or other aspect of the development which is subject to regulation under this zoning ordinance, and which, as determined by the zoning administrator, does not constitute a major change.

Any change which constitutes a major change shall be reviewed by the planning commission at a public hearing and with the notice required for an original approval of a site condominium development and shall also be reviewed and approved by the city commission, as provided in this chapter for the original review and approval of preliminary and final plans.

Any change which constitutes a minor change shall be reviewed and approved by the zoning administrator, in conjunction with the chairperson of the planning commission. In the discretion of the administrator and chairperson, any such minor change may be reviewed and approved by the planning commission, at a public meeting, but without the public hearing or mailed notice requirement otherwise provided in this chapter for an original approval.

Any change which constitutes an exempt change shall not be subject to review by the city under this chapter, but a copy of the exempt changes shall be filed with the zoning administrator.

All provisions of a final site condominium development plan which are approved by the city commission 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 development shall be incorporated by reference in the master deed. A copy of the master deed as recorded with the Montcalm County Register of Deeds shall be provided to the city within ten days after recording.

Construction of an approved site condominium development shall commence within two years after such approval and be diligently pursued to completion in accordance with the terms and conditions of the approval. Such two-year period may be extended by the city commission in its discretion, for additional periods of time as determined appropriate by the commission. Any such extension shall be applied for by the applicant within such two-year period.

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 creates a practical difficulty in the use of the land because of special or peculiar conditions pertaining to the land. Upon application, the city commission, 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 commission may attach conditions to the variance. A public hearing on such variance request may be held by either the planning commission or city commission.