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Warren City Zoning Code

ARTICLE IV

B.- CONDOMINIUMS

Section 4B.01 - Detached single family site condominiums: Purpose.

The intent of these requirements is to ensure that all single family condominium subdivisions are developed in compliance with the similar planning and engineering standards applicable to similar forms of single family subdivision development within the City of Warren. It is also the intent of these requirements to insure that the development of all single family condominium subdivisions shall observe all applicable yard setback requirements and minimum floor requirements of the zoning district within which the project is located. The number of residences and the size of the condominium unit (lot area) shall be no greater and spacing no less than would be permitted if the parcel were subdivided for each specific zoning district, pursuant to the Subdivision Control Act, P.A. 288 of 1967 as amended and as permitted and regulated in the City of Warren Zoning Ordinance # 30 Articles V, VI and VII.

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.02 - Uses permitted.

Single family detached condominiums may be allowed in any zoning district which permits single family subdivisions subject to the restrictions of the specific zoning district in which it is located.

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.03 - Site plan review.

All condominium subdivision plans shall be submitted pursuant to site plan review provisions of section 22.16 of this Ordinance and Section 66 of the State of Michigan Condominium Act, Act 59 of 1978: MCL 559.101 et seq., and include the following additional information:

1.

A survey of the condominium subdivision site.

2.

A flood plain plan if the condominium site is within or impacted by a flood plain area. Each development shall meet or exceed the requirements of Article XXI-C Flood Hazard District.

3.

A plan delineating all natural features on the site including, but not limited to, ponds, streams, lakes, drains, flood plains, wetlands and woodland areas.

4.

The location, size, shape, area, width and horizontal boundaries of all condominium units. A corresponding unit number shall be included and all common areas designated. The location of all proposed units shall be specified.

5.

A copy of the master deed and a copy of all restrictive covenants to be applied to the project.

6.

A utility plan showing all sanitary sewer, water, and storm drainage improvements, including all easements granted to the city for installation, repair and maintenance of all utilities.

7.

A street construction, paving, and maintenance plan, certified by a professional engineer, for all streets within the proposed condominium subdivision plan.

8.

A storm drainage and storm water management plan, including all lines, swales, drains, basins, and other facilities.

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.04 - Setback and dimensional requirements.

a)

A condominium unit shall conform to the lot area, percentage of lot coverage, side and rear yard setbacks, height, and minimum floor area requirements of the zoning district within which the unit is located. If the project encompasses more than one zoning district, then each condominium unit shall conform to the requirements of the applicable zoning district.

b)

The front yard setbacks along roads or streets shall be determined based upon the distance between the centerline of the street or road and the nearest point of the proposed building that shall front said street. In no case shall any such building be located closer than fifty-five (55) feet to the centerline of said street.

The minimum front yard setbacks shall be as follows:

Front Yard Setback Requirements

Zoning
District
Local Streets
60 feet
Collector Street
86 feet
Major
Thoroughfares
120 feet
R-1-A 60 feet 73 feet 90 feet
R-1-B 55 feet 68 feet 85 feet
R-1-C 55 feet 68 feet 85 feet
R-1-P 55 feet 68 feet 85 feet

 

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.05 - Design standards.

All development in a single family site condominium shall conform to the applicable engineering and planning design standards of Articles III and IV of Chapter 35 of the City of Warren Subdivision Regulations and are to be constructed to city engineering standards. All streets and roads may be dedicated to the public or may be private. In any case, they shall be constructed to the Warren Engineering Standards for public roads. Street connections shall be required, where necessary, to provide continuity to the public road system.

The term "plat" shall be substituted with the term "site condominium subdivision plan"; the term "lot" shall be substituted with the term "condominium unit"; the term "tentative preliminary plat approval" shall be substituted with the term "preliminary plan review"; the term "final preliminary plat approval" shall be substituted with the term "final plan review"; and the term "proprietor" shall be deemed to refer to the applicant pursuant to this Ordinance. Any applications, fees, procedures for review or hearing, as set forth in these ordinances and their other provisions, shall be fully complied with, except as provided herein.

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.06 - Utility easements.

The site condominium subdivision plan shall include all necessary public utility easements to enable the installation, repair and maintenance of all necessary public utilities to be installed. Appropriate dedications for sanitary sewers, lines, and storm drainage improvements shall be provided. All such easements must be approved by the engineering division.

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.07 - Planning commission review.

Pursuant to authority conferred by Section 141 of the Condominium Act. Act 59 of 1978, as amended, all site condominium subdivision plans shall require approval of the planning commission before units may be sold or site improvement initiated. The public hearing and site plan review provisions of section 22.16 shall apply where applicable. An application for site plan review shall be submitted to the planning commission. The planning commission shall follow the procedure for review of site condominiums as adopted by the planning commission in its "Rules of Procedure Standards and Policies." The review process for single family site condominiums shall consist of the following two (2) steps:

1.

Preliminary plan review. In the preliminary review phase, the planning commission shall review the overall plan for the site including roads, streets, unit configurations and the consistency of the plans with all applicable provisions of the Zoning Ordinance. Plans submitted for preliminary review shall include information specified in items 1 through 4 of Section 4B.03 of this Ordinance.

2.

Final plan review. Upon receipt of preliminary plan approval, the applicant shall prepare the appropriate engineering plans and apply for final review by the planning commission. Final plans shall include information as required by items 1 through 8 of Section 4B.03 of the Zoning Ordinance. Such plans shall be reviewed by the city attorney and the engineering division. Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies and public utilities as may be deemed necessary by the City of Warren. Final approval shall not be granted until such time as the applicable agencies have reviewed said plans and report any findings to the planning commission.

(Ord. No. 30-862, § 2, 4-9-96)

Section 4B.08 - Submission of as-built mylar, final acceptance.

The city shall also require engineering inspections. After construction of the condominium subdivision, an as-built reproducible mylar of the completed site is to be submitted to the city for review by the engineering division. The engineering division shall review the as-built mylar and prepare a report to the director of public service recommending to accept or reject the as-built mylar. A final certificate of occupancy and any building bonds will not be released to the developer/owner until said as-built mylar has been approved by the engineering division. Upon acceptance by the director of public service, copies of the as-built mylars shall be filed with the city clerk, engineering division, building division, assessing department and planning department.

(Ord. No. 30-862, § 2, 4-9-96)