Calumet City Zoning Code
LAND DEVELOPMENT
OPTIONS
§ 153.245 INTENT; PURPOSE.
(A) Development may be pursued in a variety of different ways. This subchapter sets forth the development options established by the village.
(B) Depending on the circumstances of particular development scenarios, these options may be used singly or jointly. The purpose of this subchapter is to set forth the regulations regarding the different land development options in order to protect the health, safety and welfare of the citizens of the village.
(C) Where necessary the provisions relating to the different development options contain standards and/or procedures that supplement or replace particular standards and/or procedures elsewhere in this chapter.
(Ord. 160, passed 4-21-2022)
§ 153.246 PLANNED UNIT DEVELOPMENT.
(A) Intent and purpose.
(1) The Planned Unit Development (PUD) option is intended to allow, with village approval, private or public development which is consistent with the goals and objectives of the Village Master Plan and Future Land Use Map.
(2) The development allowed under this section shall be considered as an optional means of development only on terms agreeable to the village.
(3) Use of the PUD option will allow flexibility in the control of land development by encouraging innovation through an overall comprehensive development plan to provide variety in design and layout; to achieve economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities; to encourage useful open spaces suited to the needs of the parcel in question; to provide proper housing including workforce housing; or to provide employment service and shopping opportunities suited to the needs of the residents of the village.
(4) (a) It is further intended the PUD may be used to allow nonresidential uses of residentially zoned areas; to allow residential uses of nonresidential zoned areas; to permit densities or lot sizes which are different from the applicable district and to allow the mixing of land uses that would otherwise not be allowed.
(b) Provided, other community objectives are met and the resulting development would promote the public health, safety and welfare, reduce sprawl, and be consistent with the Village Master Plan and Future Land Use Plan Map.
(5) It is further intended the development will be laid out so the various land uses and building bulk will relate to one another and to adjoining existing and planned uses in such a way that they will be compatible with no material adverse impact of one use on another.
(6) The number of dwelling units for the PUD development shall not exceed the number of dwelling units allowed under the underlying zoning district.
(B) Uses permitted.
(1) (a) A land use plan shall be proposed for the area to be included within the PUD.
(b) The land use plan shall be defined primarily by the zoning districts that are most applicable to the various land use areas of the PUD.
(2) (a) Uses permitted and uses permitted subject to special land use permit approval in this chapter may be allowed within the districts identified on the PUD plan, except that some uses may be specifically prohibited from districts designated on the PUD plan.
(b) Alternatively, the village may allow uses not permitted in the district if specifically noted on the PUD plan. Conditions applicable to uses subject to special land use permit approval shall be used as guidelines for design and layout but may be varied by the Planning Commission provided such conditions are indicated on the PUD plan.
(C) Height, bulk, density and area standards. The standards about height, bulk, density and setbacks of each district shall be applicable within each district area designated on the plan except as specifically modified and noted on the PUD plan.
(D) Qualifying standards. Planned Unit Development proposals shall meet the following qualifying standards to be considered under the PUD land development option:
(1) The properties are zoned FR, DC, CC, LIW or PSP Districts;
(2) (a) 1. The use of this option shall not be for the sole purpose of avoiding the applicable zoning requirements.
2. Problems or constraints presented by applicable zoning provisions shall be identified in the PUD application.
(b) Any permission given for an activity, building, dimensional requirement or use not normally permitted shall result in an improvement to the public health, safety and welfare in the area affected;
(3) The PUD option may be effectuated only when the proposed land use will not materially add service and facility loads beyond those considered in the Village Master Plan, and other public agency plans, unless the proponent can prove to the sole satisfaction of the village that such added loads will be accommodated or mitigated by the proponent as part of the PUD;
(4) The PUD shall not be allowed solely as a means of increasing density or as a substitute for a variance request; such objectives should be pursued through the normal zoning process by seeking a zoning change or variance; and
(5) The PUD must meet, as a minimum, four of the following eight objectives of the village:
(a) To permanently preserve open space or natural features because of their exceptional characteristics, or because they can provide a permanent transition or buffer between land uses;
(b) To permanently establish land use patterns which are compatible, or which will protect existing or planned uses;
(c) To accept dedication or set aside open space areas for public use in perpetuity;
(d) To provide alternative uses for parcels which can provide transition buffers to residential areas;
(e) To promote the goals and objectives of the Village Master Plan;
(f) To foster the aesthetic appearance of the village through quality building design and site development, provide trees and landscaping beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements;
(g) To bring about redevelopment of sites where an orderly change of use or requirements is determined to be desirable; and
(h) To provide a diverse mix of housing options, price points and opportunities to rent or purchase.
(1) A market study, traffic impact study and/or environmental impact assessment, if requested by the Planning Commission or Village Council.
(2) A pattern book or design guidelines manual if requested by the Planning Commission or Village Council.
(F) PUD application review procedures. The PUD application review procedure follows four primary steps:
(1) Pre-application submission and review;
(2) Submission of PUD plan and application materials;
(3) Planning Commission review and recommended approval or denial of the PUD; and
(4) Vill age Cou ncil final revi ew and appr oval or deni al of the PU D.
(G) Pre-application submission and review.
(1) Any person owning or controlling land in the village may make application for consideration of a PUD. Such application shall be made by presenting a request for a preliminary determination to whether a development proposal qualifies for the PUD option.
(2) The request shall be submitted to the village and the submission shall include the information required below.
(a) Proof the qualifying standards in this section are or will be met.
(b) A conceptual land use plan containing enough detail to explain the role of open space; location of land use areas, streets providing access to the site, pedestrian and vehicular circulation to and within the site; dwelling unit density and types; buildings or floor areas contemplated; and a proposed phasing plan, as applicable.
(c) A plan to protect historic structures and natural features, or preservation of open space or greenbelts.
(d) A storm water management plan incorporating low impact development (LID) water quality technologies, such as, but not limited to, rain gardens, rooftop gardens, vegetated swales, cisterns, permeable pavers, porous pavement, and filtered storm water structures.
(e) 1. The Planning Commission shall review the applicant’s request for qualification.
2. If approved, the applicant may then continue to prepare a PUD plan on which a final determination will be made.
(3) (a) Based on the documentation presented, the Planning Commission shall make a preliminary determination about whether a development proposal is consistent with the intent and purpose of division (A) above and qualifies for the PUD option under the qualifying standards in this division (D) above.
(b) If approved, the applicant may then continue to prepare a PUD plan and application on which a final determination will be made. An approved determination for qualification is not a guarantee for final PUD approval.
(H) PUD application determinations. The review of a PUD application by the Planning Commission shall follow the procedures below.
(1) Completeness review. Upon submission of a PUD application, the Zoning Administrator shall perform a completeness review consistent with § 153.208(B).
(2) Technical review. Once an application is determined to be complete, the Zoning Administrator shall perform a technical review consistent with § 153.208(B).
(3) Planning Commission review. Upon notification from the Village Zoning Administrator and/or Planner of a complete PUD plan application and technical review, the Planning Commission shall review the proposed PUD plan and make a determination about the proposal’s qualification for the PUD option and for adherence to the following objectives and requirements.
(a) The proposed PUD adheres to the conditions for qualification of the PUD option and promotes the land use goals and objectives of the village.
(b) All applicable provisions of this section shall be met. If any provision of this section shall conflict with the provisions of any other section of this chapter, the provisions of this section shall apply to the lands embraced within a PUD area.
(c) There will be at the time of development an acceptable means of disposing of sanitary sewage and of supplying the development with water and the road network, storm water drainage system and other public infrastructure and services are satisfactory.
(4) Public hearing. The Planning Commission shall hold a public hearing on the PUD plan and shall give notice as provided in § 153.309.
(5) Finding of facts. After the review and public hearing, the Planning Commission shall adopt a finding of fact relative to the PUD under consideration as the basis of their recommendation to approve or deny the application, along with any applicable conditions.
(6) Recommendation. The Planning Commission shall submit its recommendation to the Village Council along with the technical review and finding of facts for final determination.
(I) Village Council review and approval. Upon receipt of a PUD application and recommendation form the Planning Commission, the Village Council shall perform the following procedures.
(1) Determination. Upon receipt of the technical review, finding of facts and recommendation of the Planning Commission with any applicable conditions, the Village Council shall review the application and make a determination to approve or deny the application, and any applicable conditions.
(2) PUD Development agreement. If the Village Council approves the application, it shall direct the village attorney to prepare a PUD Development Agreement setting forth the conditions on which such approval is based. The PUD Development agreement shall:
(a) Be signed by the Village President and the applicant;
(b) Become effective on execution after its approval;
(c) Be recorded at the County Register of Deeds’ office by the applicant who shall provide a copy of the record to the village within 45 days; and
(d) Limit the development and uses that may take place in such area to those expressly permitted under the PUD Development agreement unless otherwise amended following the procedures in this section.
(J) Submission of final site plans. Before any zoning permits are issued for the PUD, final site plans for the project area shall be submitted to the village for review and approval by the Planning Commission of the following:
(1) Review and approval of site plans shall comply with § 153.207, as well as this section except as otherwise modified in the approved plan and PUD development agreement.
(2) Before approving of any final site plans, the Planning Commission shall decide that:
(a) All portions of the project area shown on the approved plan for the PUD for use by the public or the residents of lands within the PUD have been committed to such uses under the PUD Development agreement;
(b) The final site plans are in conformity with the approved development agreement and plan for the PUD;
(c) Provisions have been made under the PUD development agreement to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured under the PUD development agreement; and
(d) If development of the approved final site plans for a specific phase, if applicable, is not substantially completed in three years after approval of the site plan, then further submittals under the PUD shall stop until the site plan and/or phase in question is completed or cause can be shown to the satisfaction of the Village Council for failure to complete.
(3) Uses allowed by right or through a special land use permit in the current zoning ordinance shall be prohibited from occupancy until all applicable conditions of the PUD or development phase are complete and satisfied. Any use not allowed in the current zoning district but permitted through the PUD shall be prohibited from occupancy until the whole PUD, or applicable development phase, is completed in its entirety.
(4) The applicant shall be required, as the PUD is built, to provide the village with “as built” drawings in both paper and digital format following the same provisions outlined in this section.
(K) Termination and expiration. An approved PUD development agreement may be terminated or expire in the following ways:
(1) An applicant or the applicant’s successors or assigns may choose to terminate a PUD development agreement, before any development within the area involved, by filing with the village and recording at the County Register of Deeds an affidavit so stating. The approval of the plan under the PUD development agreement shall terminate on such recording.
(2) No approved plan under a PUD development agreement shall be terminated after development begins except with the approval of the Village Council and of all parties in interest in the land.
(3) Within one year following execution of the PUD development agreement by the Village Council, final approved site plans for an area embraced within the PUD must be filed with the village. If such plans have not been filed within the one-year period, the right to develop the approved plan under the PUD development agreement shall be automatically terminated unless an extension is requested in writing by the applicant and submitted to the village. The applicant is entitled to one extension of one year by right and shall be approved by the Zoning Administrator. The Village Council may approve two additional extensions of one year each if the applicant can demonstrate a need for the extension(s) acceptable to the Village Council.
(4) If development of approved final site plans is not substantially completed as determined in the development agreement in three years after approval, further final submittals under the PUD shall stop until the part in question is completed or cause can be shown for not completing same.
(M) Interpretation of approval. Approval of a PUD under this section shall be considered an optional method of development and improvement of property subject to the mutual agreement of the village and the applicant.
(N) Amendments to Planned Development Plan. Proposed amendments or changes to an approved PUD plan and/or PUD contract shall be presented to the Planning Commission and shall decide whether the proposed modification is of minor or major nature based on § 153.211, with the following additions.
(1) Minor amendment. If determined to be a minor amendment, the Planning Commission may review and approve or deny the request. The PUD development agreement shall be modified to reflect any approved minor amendment.
(2) Major amendment. If determined to be a major amendment, the Planning Commission shall hold a public hearing consistent with the requirements in § 153.309 as part of its review and make a recommendation to the Village Council to approve or deny the request. The Village Council shall have the final determination to approve or deny a major amendment request. The PUD development agreement shall be modified to reflect any approved major amendment.
(Ord. 160, passed 4-21-2022)
§ 153.247 SITE CONDOMINIUM DEVELOPMENT.
Pursuant to authority conferred by § 141 of the Condominium Act, Act 59 of 1978, as amended, all condominium subdivision plans shall be reviewed and approved by the Planning Commission and Village Council. In determining whether to approve a condominium subdivision plan, the Planning Commission and Village Council shall consult with the Village Attorney, Engineer, Zoning Administrator and Planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design and compliance with all requirements of the Condominium Act.
(A) General requirements.
(1) Condominium lots. For the purposes of this section, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located. In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use.
(2) Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application before any zoning permit may be issued, where such permit is required.
(3) Amendment of Master Deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan shall be reviewed by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application before any zoning permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.
(4) Development agreement. The Planning Commission may require, as a condition of approval, that the applicant enter into a development agreement with the Planning Commission and the village, incorporating therein the terms and conditions of final site plan approval, and record the same in the County Register of Deeds.
(5) Relocation of boundaries. Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in § 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
(6) Subdivision of lots.
(a) Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in § 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Administrator.
(b) These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.
(7) Private streets. All site condominium subdivisions in which private streets are proposed shall be developed to the public street requirements of the village. Site condominium subdivisions and condominium lots may abut public or private streets.
(8) Road rights-of-way. Road rights-of-way shall be parcels separate from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining and replacing of public utilities. The developer shall dedicate easements to the village for all public water and sanitary sewer lines and appurtenances.
(9) Easement for utilities. The site condominium subdivision plan shall include all necessary easements granted to the village 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 structure.
(10) Monuments.
(a) Monuments shall be set at all boundary corners and deflection points and at all roads right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.
(b) 1. The Village Engineer may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the Village Clerk cash, a certified check, or an irrevocable bank letter of credit running to the village, whichever the developer selects, in an amount as determined from time to time by resolution of the Village Council.
2. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Village Council shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.
(11) As-built drawings. A dimensionally stable copy of the as-built drawings shall be submitted to the Village Clerk and a second dimensionally stable copy shall be recorded with the County Register of Deeds.
(C) Application submission procedures.
(1) Preliminary site plan.
(a) A preliminary site plan shall be filed for approval at the time of notice of proposed action is filed with the village. Preliminary site plans shall be reviewed by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application.
(b) The preliminary site plan shall include all land that the developer intends to include in the site condominium project.
(c) The preliminary site plan shall include all information required herein, except in the case of single-family detached dwelling units.
(d) Dwelling units and required yards, shall be shown on the preliminary site plan. In those instances where dwelling unit plans are not known the plan may show the building envelope provided such building envelope meets all side, front and rear setback requirements of the zoning district.
(2) Final site plan.
(a) A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan. Final site plans shall be reviewed by the Planning Commission who shall make a recommendation to the Village Council to approve or deny the application.
(b) A final site plan for any phase of development shall not be filed for review by the Planning Commission unless a preliminary site plan has been approved by the Planning Commission and Village Council and is in effect.
(c) A final site plan shall include all information required by § 66 of the Condominium Act and the master deed and bylaws. The final site plan shall also include all information required herein, except in the case of single-family detached dwelling units, location and dimensions of condominium units rather than individual buildings and required yards, shall be shown on the site plan.
(d) The applicant shall provide proof of approvals by all county and state agencies required to review the condominium subdivision plan, including but not limited to the County Road Commission, County Drain Commissioner, County Health Department and the Michigan Department of Natural Resources. The Planning Commission and Village Council shall not approve a final site plan until all county and state agencies, required to review the condominium subdivision plan, have approved the condominium subdivision plan.
(D) Design and approval.
(1) All site condominium subdivision plans shall conform to the design, layout and improvements standards of the village. A deposit in the form of cash, certified check, or irrevocable bank letter of credit acceptable to the Village Council shall be made with the village to guarantee the installation and completion of any required public sanitary sewer, water supply, drainage facilities, and public or private street and walkway improvements within a length of time agreed upon from the date of final approval of the site condominium subdivision plan by the Planning Commission and Village Council.
(2) No permits for erosion control, building construction, grading or installation of water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan therefor has been approved by the Village Council and is in effect. This requirement shall include contractible, conversion and expandable site condominiums as defined in the Condominium Act (Public Act 59 of 1978 as amended).
(3) The approval of any site condominium plan under this section shall expire one year after the date of such approval unless actual construction and development have been commenced in accordance with said site plan prior thereto. If such construction and development is commenced within said one-year period, then such approval shall continue for a period of five years from the date thereof; provided, however, that a lapse of more than one year in continuous construction and development does not occur, in which event, said approval shall expire. Prior to such expiration date the development owner shall be notified in writing 30 days in advance of the expiration date. The Zoning Administrator shall not issue a zoning permit for any type of construction based on the approved site condominium plan after such approval has expired. Fees for review of expired site plan may be waived in those instances where no substantial change in conditions of the site condominium plan nor of abutting uses has taken place. In those instances where conditions have changed, the fee for review of expired site condominium plans for new site condominium plans shall be the same as for the initial submittal.
(4) All site improvements including sanitary sewers, water mains, storm sewers, retention basin, site grading and private street improvements shall meet or exceed the minimum design standards of the village.
(5) (a) A final survey plan of the site condominium subdivision or phase thereof shall be submitted together with a closure sheet of the external boundary and internal common areas, condominium land units, blocks of condominium units, street rights-of-way and all other land units for review and approval by the Village Engineer.
(b) The exact length and bearing of all external and internal boundaries shall be clearly shown on the plan. The bearing source of orientation of the survey plan shall conform with that of an existing adjacent recorded subdivision or other established survey.
(E) Notice of proposed action. The notification requirements stated in § 71 of the Condominium Act (Public Act 59 of 1978, as amended), shall be filed with the village and other listed agencies.
(Ord. 160, passed 4-21-2022)