§ 46-435. Site condominium option.

(a)

The site condominium option is intended to provide for the division of land as regulated by the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.) rather than the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.). In accordance with section 141 of Public Act No. 59 (MCL 559.241), it is further intended that site condominiums are treated similarly to a subdivision developed under the land division act and that the same standards are applied in their design layout and improvements. If this option is selected, the following stipulations are applicable:

(1)

This division limiting the height and bulk of buildings, the minimum lot sizes and yard requirements shall be applicable as permitted in each zoning district or as otherwise altered within this section.

(2)

Any development which utilizes the site condominium option shall conform to the requirements of the village subdivision regulations, article II of chapter 18.

(3)

Other options as defined and regulated by sections 46-432, 46-433 and 46-434 can be used in conjunction with this section.

(4)

Setbacks shall be provided for each building envelope equal to the minimum setback requirements of the zoning district and shall be measured as specified as follows:

a.

Front setbacks shall be measured from the street right-of-way for public or private streets, and from the pavement edge for streets not having a right-of-way. In instances where there is no right-of-way, the setback shall be increased by 15 feet.

b.

Rear setbacks shall be measured from the rear lot line to the rear building envelope line.

c.

Side setbacks shall be measured from the side area lot line to the side building envelope line.

(5)

In the instance in which building plans are available, setbacks will be measured to the actual building rather than to the building envelope. If this alternative is used, building floor plans and elevations must be submitted and a building footprint must be shown on the site plans. The planning commission may request that several different facades be used to provide a variety of building appearances.

(6)

Plans for the development and landscaping of all commons areas must be submitted in accordance with section 46-478, plant materials.

(7)

All streets shall be dedicated to the public unless private streets are allowed by the planning commission. In considering the approval of private streets at least, the following criteria will be considered:

a.

If the site is oddly shaped and the right-of-way required for public streets would create an impractical situation, i.e., double frontage lots, single loaded frontage.

b.

If the site contains natural features that could be better preserved through the use of private streets.

c.

The use of private streets would not prevent the interconnection of existing or planned public streets.

d.

Construction standards for private streets must meet or exceed village standards.

(b)

These criteria are included as guidelines and do not exclude further considerations.

(c)

The means of maintaining all limited and general commons areas shall be specified in the master deed.

(d)

A copy of the master deed shall be submitted for review and acceptance by the village attorney prior to final plan approval.

(Ord. of 3-28-1988, § 1504; Ord. No. 130, § 7, 1-26-1993)