Cassopolis City Zoning Code
ARTICLE XII
PUD Planned Unit Development District
§ 370-281 Statement of purpose.
Recognizing that there is a need for flexibility in keeping abreast of new building methods, designs, and materials, and to provide for variety in dwelling types and commercial complexes, this district is limited to allow for variation in the use and area requirements of this chapter (which are designed primarily to apply to the traditional pattern of lot development and building arrangement generally prevailing within the Village) and in the regulations applying to buildings, yards, etc. This article also pertains to site condominium projects. The Village Council may amend this chapter and Zoning Map for the accomplishment of the foregoing purposes, in accordance with the following procedure.
§ 370-282 Development requirements.
A.
For the purpose of accomplishing the objectives of this article, the owner or owners of any tract of land shall submit to the Village Council a preliminary plan which the Board shall refer to the Village Planning Commission for review and public hearing. The Planning Commission shall then make its recommendation to the Village Council. If the Village Board approves the preliminary submission after report of the Planning Commission, the preliminary plan shall be signed by the Village Council and filed with the Village Planning Commission. The Board shall then amend the Zoning Map to include the zoning district change. Within a period of 12 months following such approval, a final detailed plan shall be submitted showing that specific and detailed provisions have been made for the essential conditions listed in this chapter. The detailed plan shall be submitted to the Planning Commission and, except for the requirement of recording in the Office of the County Register of Deeds, be processed in the same manner as for subdivisions in the Village.
B.
Although the preliminary plan must show the entire proposed developments, the final detailed plan may be submitted and approved in stages. No building permit shall be issued nor construction be commenced before a detailed final plan or stage thereof is approved, signed, and filed with the Village Planning Commission.
§ 370-283 Preliminary and final plans; time limits; zoning designation.
A.
Preliminary plans. The preliminary plan shall show the layout of the total area to be included in the proposed district and shall be accompanied by documentary evidence to the satisfaction of the Planning Commission showing the following:
(1)
That the plan shall be consistent with the Land Use Plan as adopted and from time to time amended for the orderly development of the Village and that it will promote the general welfare of the Village;
(2)
That the appropriate use and value of adjacent property will be safeguarded;
(3)
That the capacity of existing or proposed utilities, streets, and thoroughfares is adequate to absorb the additional burden created by the Planned Unit Development District when considered in conjunction with presently existing and additional proposed facilities;
(4)
That the development will consist of a grouping of buildings or other structures deemed by the Village Planning Commission to be compatible; that adequate service, parking, and open spaces will be provided; and that this development will be a common operating and maintenance unit;
(5)
That proper and sufficient provision is made for common open space, but not less than 15% of the total site;
(6)
That all buildings will be served by an adequate sewage disposal system, water supply, and other utilities; and
(7)
That any reduction in the minimum lot area per dwelling otherwise required in this chapter will result in increased open space immediately available to those residents and will be in additional to the requirement of Subsection A(6) above.
(8)
Owner permission.
B.
Final plans. If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of § 370-402 shall be fully complied with at the completion of each stage. The comprehensive final detailed plans shall have a scale of not less than one inch equals 100 feet, and this plan with its evidence shall show the following:
(1)
Contour lines showing two-foot changes in elevation or indicating any unusual topographical features;
(2)
That adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site;
(3)
That the location, dimensions, and arrangements of all open spaces (common or private), yards, accessways, entrances, exits, off pedestrian ways, widths of roads, streets, and sidewalks are adequate to provide for safe and efficient ingress and egress to and from public streets and highways serving the development;
(4)
The size and capacity of all areas to be used for automobile access, parking, loading and unloading, with respect to parking (See Article XVII, § 370-404, Off-street parking and loading.);
(5)
The location, uses planned, elevations, major exterior treatment, dimensions, gross floor area, building coverage, signage, and height of each building or other structure;
(6)
The location and arrangements of all areas devoted to planted lawns, trees, recreation, and similar purposes;
(7)
Provisions made for the location of existing or proposed sewage disposal, water supply, stormwater drainage, parking lot lights, and other utilities;
(8)
Sufficient additional data as may have been required by the Planning Commission subsequent to the approval of the preliminary plan to enable the Planning Commission to judge the effectiveness of the design and character of the entire Planned Unit Development District and to consider properly such things as the relationship to surrounding area, anticipated traffic, public health, safety and general welfare.
C.
Time limit for beginning of construction and reversion to former zoning classification.
(1)
Every application, when approved by the Planning Commission either as submitted or resubmitted in modified form, shall constitute an agreement by the applicant or owner that such installation shall be made, completed, and operated as indicated by the approved plan and in accordance with the provisions of this section and that the area which has been zoned or rezoned shall lose its new classification and revert to its former zoning classification in any of the following events:
(a)
If construction of approved buildings and improvements shall not be undertaken within 12 months after the approval of the detailed plans or within such additional time as may be authorized by the Village Planning Commission.
(b)
If there shall be a failure to complete construction within the time period specified on the building or construction permit or to comply or to continue to comply with the specified conditions listed in § 370-403 and in this section, or with conditions imposed by the Village Council or Planning Commission hereunder in the zoning of the area.
(2)
The change of zoning required by this section shall not be effective unless written notice has been given to the applicant by mail, providing 30 days in which to show cause to the Village Planning Commission why the change in zoning should not take place.
D.
Zoning designation binding successors in interest. Whenever a tract of land has been designated as a planned unit development, such zoning designation shall continue in effect, irrespective of subsequent changes in ownership whether all or a portion of the designated tract, and the uses and regulations of such zoning shall bind and be applicable to any successors in interest to those who were the owners of such tract at the time this zoning was imposed upon this real estate.
§ 370-284 Conditional rezoning.
A.
Intent. It is recognized that there are certain instances where it would be in the best interests of the Village, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of Section 16i of the Village Zoning Act (MCLA 125.286i[1]) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.
[1]
Editor's Note: MCLA 125.286i was repealed by § 702 of Public Act No. No. 110 of 2006, effective 7-1-2006. See now MCLA 125.3405.
B.
Application and offer of conditions.
(1)
An owner of land may voluntarily offer, in writing, conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.
(2)
The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.
(3)
The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.
(4)
The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
(5)
Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.
(6)
Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this chapter.
(7)
Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.
(8)
The offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the Village Council, provided that, if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
C.
Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in § 370-284F of this chapter, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
D.
Village Council review. After receipt of the Planning Commission's recommendation, the Village Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Village Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in § 370-284F of this chapter. Should the Village Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Village Council shall, in accordance with Section 11 of the Village Zoning Act (MCLA 125.281[2]), refer such amendments to the Planning Commission for a report thereon within a time specified by the Village Council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.
[2]
Editor's Note: MCLA 125.281 was repealed by § 702 of Public Act No. No. 110 of 2006, effective 7-1-2006.
E.
Approval. If the Village Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Village Council to accomplish the requested rezoning.
(1)
The statement of conditions shall:
(a)
Be in a form recordable with the Register of Deeds of Cass County or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the Village Council.
(b)
Contain a legal description of the land to which it pertains.
(c)
Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.
(d)
Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.
(e)
Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the Village with the Register of Deeds of Cass County.
(f)
Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.
(2)
Upon the rezoning taking effect, the Official Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The Village Clerk shall maintain a listing of all lands rezoned with a statement of conditions.
(3)
The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the Village with the Register of Deeds of Cass County. The Village Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the Village or to any subsequent owner of the land.
(4)
Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.
F.
Compliance with conditions.
(1)
Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.
(2)
No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.
G.
Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the Village Council if (1) it is demonstrated to the Village Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and (2) the Village Council finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
H.
Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection G above, then the land shall revert to its former zoning classification as set forth in MCLA 125.286i.[3] The reversion process shall be initiated by the Village Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.
[3]
Editor's Note: MCLA 125.286i was repealed by § 702 of Public Act No. No. 110 of 2006, effective 7-1-2006. See now MCLA 125.3405.
I.
Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to Subsection H above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Village Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the statement of conditions is no longer in effect.
J.
Amendment of conditions.
(1)
During the time period for commencement of an approved development or use specified pursuant to Subsection G above or during any extension thereof granted by the Village Council, the Village shall not add to or alter the conditions in the statement of conditions.
(2)
The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.
K.
Village right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the Village from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Village Zoning Act (MCLA 125.271 et seq.[4]).
[4]
Editor's Note: MCLA 125.271 et seq. was repealed by § 702 of Public Act No. No. 110 of 2006, effective 7-1-2006.
L.
Failure to offer conditions. The Village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.