Municipal Code

CHAPTER 1267 Condominium Development Standards

1267.01 Definitions.
1267.02 Intent.
1267.03 Applications; required information.
1267.04 Area, height and bulk requirements.
1267.05 Streets and easements.
1267.06 Requirements and standards for single-family site condominiums.

1267.07 Preliminary review and approval of plans.
1267.08 Final review and approval requirements.
1267.09 Final review and approval procedures.

CROSS REFERENCES

Regulation of land development and the uses of land and structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances; powers of
legislative bodies; acquisition of property - see M.C.L.A. 125.3208
Conflicts of laws - see P. & Z. 1240.02, 1240.04
Compliance required - see P. & Z. 1240.03
Interpretation - see P. & Z. 1240.04 et seq.
Board of Zoning Appeals - see P. & Z. Ch. 1244
Number of dwelling units - see P. & Z. 1252.15
Dwelling lots - see P. & Z. 1268.05
Construction of dwellings in flood hazard areas - see B. & H. 1464.08,
1464.09



1267.01 DEFINITIONS.
As used in this chapter:
(a) "Condominium" means a plan or development project consisting of not less than two condominium units, as regulated by the Michigan Condominium Act, Act 59 of the Public Acts of 1978, as amended.
(b) "Condominium unit" means a portion of a condominium project as regulated by the Michigan Condominium Act, which is designed and intended for separate ownership and use, as described in the condominium master deed, regardless of whether the unit is intended for residential or any other type of use. (Ord. 95-29. Passed 2-13-95.)


1267.02 INTENT.
It is the intent of this chapter to provide regulatory standards for condominiums and site condominiums similar to those regulatory standards required for projects developed as subdivisions under other forms of ownership within a zoning district. This chapter is not intended to prohibit new condominium developments or treat a proposed or existing condominium project differently than a project or development under another form of ownership.
(Ord. 95-29. Passed 2-13-95.)

1267.03 APPLICATIONS; REQUIRED INFORMATION.
For all condominium projects within the Village, a person intending to develop a condominium project shall file with the Village Clerk, concurrently with the notice required to be given to the Village pursuant to Section 71 of the Michigan Condominium Act, Act 59 of the Public Acts of 1978, as amended, being M.C.L.A. 559.171, the information required for site plan review as described in Section 1268.30 and additional information required by Section 66 of the Michigan Condominium Act.
(Ord. 95-29. Passed 2-13-95.)

1267.04 AREA, HEIGHT AND BULK REQUIREMENTS.
The areas and setbacks required for condominium buildings shall be based on the density provisions contained in the Schedule of Regulations set forth in Appendix B following the text of this Zoning Code.
(Ord. 95-29. Passed 2-13-95.)

1267.05 STREETS AND EASEMENTS.
(a) All public and private streets servicing a condominium shall comply with all street requirements found in Village regulations pertaining to streets and driveways, including all necessary easements granted to the Village for constructing, operating, inspecting, maintaining, repairing, altering, replacing or removing pipelines, mains, conduits and other installations of a similar character for the purpose of providing public utilities, including, but not limited to, conveyance of sewage, water and storm water runoff across, through and under the property subject to said easement, and excavating and filling ditches and trenches necessary for the location of said structures. Streets and easements shall be designed so as to be consistent with the requirements specified in the Subdivision Regulations.

(b) The Planning Commission may require submittal of traffic engineering studies in the event proposed condominium streets will significantly alter or deter existing traffic flow on existing Village streets or County roads. Alternative methods of providing access to a proposed condominium shall be required by the Planning Commission if the traffic engineering studies indicate the proposed condominium streets will adversely affect the public health, safety and welfare.
(Ord. 95-29. Passed 2-13-95.)


1267.06 REQUIREMENTS AND STANDARDS FOR SINGLE-FAMILY SITE CONDOMINIUMS.
Single-family site condominiums shall be subject to all requirements and standards of the applicable zoning district where the site is located. Each condominium unit for a single-family dwelling shall comply with the minimum lot area and dimensional requirements specified for a lot in the subject zoning district.
(Ord. 95-29. Passed 2-13-95.)

1267.07 PRELIMINARY REVIEW AND APPROVAL OF PLANS.
All condominium plans must be reviewed and considered for approval by the Planning Commission using the standards for Site Plan Review set forth in Section 1268.30. The plans prepared for Planning Commission consideration shall include all information specified in Section 1268.30 and any additional information required by Section 66 of the Michigan Condominium Act. (Ord. 95-29. Passed 2-13-95.)

1267.08 FINAL REVIEW AND APPROVAL REQUIREMENTS.
Subsequent to approval of the site plan in accordance with the preliminary approval requirements referred to in Section 1267.07, the applicant shall make application for final approval of the condominium. The applicant shall file with the Village Clerk copies of the approved site plan, a copy of the proposed master deed, all information required by Section 66 of the Michigan Condominium Act and the application fee as established by the Village Council. In addition, the applicant shall submit copies of engineering plans for all streets, roads, drains, water mains, sanitary sewers and easements. The engineering plans shall describe the proposed improvements in sufficient detail to permit the Village Engineer to determine compliance with applicable laws, ordinances and design standards for construction of the project. (Ord. 95-29. Passed 2-13-95.)

1267.09 FINAL REVIEW AND APPROVAL PROCEDURES.
The engineering plans shall be transmitted to the Village Engineer for review and recommendation. The Engineer shall make a recommendation to the Planning Commission regarding final approval of the engineering plans. Copies of the proposed condominium master deed and related documentation shall be transmitted to the Village Attorney and Village Planner for review. The Attorney and Planner shall make recommendations to the Planning Commission regarding approval of the master deed and related documentation. Subsequent to receipt of the recommendations of the Engineer, the Planner and the Attorney, the Planning Commission shall make a recommendation regarding the final approval of the condominium to the Village Council. The Village Council shall consider the recommendations of the Planning Commission, the Engineer, the Planner and the Attorney prior to taking final action on the request to approve the proposed condominium. The Council shall take action to approve or deny the request to approve the condominium within sixty days of receipt of the recommendation from the Planning Commission. (Ord. 95-29. Passed 2-13-95.)