The purpose of this section is to permit coordinated development of sites with unique conditions such as significant natural features or open space, land that exhibits development constraints, the opportunity to mix compatible uses and types of structures, or the opportunity to cluster units to preserve open space and natural features.

The PUD overlay standards are provided as a design option within the R-3, R-4, HB, C and MD districts to encourage: flexibility in the regulation of land development; innovation in land use; variety in the design, layout and type of structures utilized; the preservation of significant natural features and open spaces; the efficient provision of public services and utilities; the provision of adequate housing; the compatibility of design between neighboring properties; and, the use and improvement of existing sites when the regulations contained in the underlying district do not provide adequate flexibility.

Permitted uses may include those uses allowed in the underlying zoning district to which the PUD overlay is applied, in addition to single-family, two-family and multiple-family residential dwellings, boardinghouses, hotels, commercial uses, recreational uses and accessory buildings/uses thereto.

All requirements set forth in the regulations of the underlying district to which the PUD overlay is applied shall remain in effect unless flexibility is allowed in this section as follows:

A.

Lot size. The lot size utilized may be reduced to provide flexibility necessary to meet the purpose of this section.

B.

Setbacks. The setbacks applied in this district may be reduced to provide the flexibility necessary to meet the purpose of this section.

C.

Impervious surface. If necessary to provide the flexibility necessary to meet the purpose of this section, the impervious surface may be determined on the entire parcel designated as PUD overlay regardless of the number of lots contained therein.

D.

Density. The density requirements in the underlying zoning district may be increased up to an additional 35 percent upon a determination that open space or natural features will be preserved and city services can accommodate the increased density. If necessary to provide flexibility necessary to meet the purpose of this section, the density surface may be determined on the entire parcel designated as PUD overlay regardless of the number of lots contained thereon.

E.

Landscape buffer. A landscape buffer may be required by the planning commission/city council along the perimeter of the development where necessary to minimize noise and light impacts on adjoining property.

An application for a planned unit development overlay shall be filed with the zoning administrator along with a site plan conforming to the requirements of section 20.04. Following receipt of a complete application, a public hearing before the planning commission shall be scheduled preceded by the public notice detailed below. Within a reasonable time following the public hearing, the planning commission shall submit a report to the city council stating its conclusions, recommendations and basis for any conditions that should be imposed on the application for the planned unit development overlay. Additionally, the planning commission shall submit a copy of the minutes of every meeting at which the application was considered, including a summary of the comments received at the public hearing and all documents related to the planned unit development overlay application. Upon receipt of these documents, the city council may schedule a public hearing on the application and after deliberation may move to deny, approve, or approve with conditions the request. Such action shall specify the council's conclusions on the request, the basis for its decision, the decision, and any conditions relating to an affirmative decision. The city council may move to adopt the planning commission's report as its own or prepare a separate report.

Any public hearing conducted on a planned unit development overlay application shall be preceded by public notice which meets the following requirements:

(1)

The notice shall be published in a newspaper of general circulation not less than 15 days in advance of such hearing.

(2)

Notice shall be sent not less than 15 days before the hearing by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other district spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(a)

Describe the nature of the planned unit development overlay application.

(b)

Indicate the property which is the subject of the planned unit development overlay application.

(c)

State when and where the planned unit development overlay application will be considered.

(d)

Indicate when and where written comments will be received concerning the application.

Planned unit developments may be allowed as an overlay in zoning districts where permitted, upon determination that the following criteria or standards are met:

(1)

The planned unit development overlay site shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

(2)

The site size shall be a minimum of two acres of contiguous land.

(3)

The site has open space, natural features or historic features which will be preserved through development under the PUD overlay standards, or the PUD overlay will provide a variety of uses and designs which preserve common open space.

(4)

Natural features and unique site characteristics located on a tract shall be preserved or enhanced wherever and whenever possible. Natural features and unique site characteristics include, but are not limited to: free-flowing springs, significant stands of trees, individual trees of significant size and rock formations, as well as visual amenities such as of Lake Huron, neighboring islands, the city harbor, and the Mackinac Bridge.

(5)

All required open spaces within a planned unit development overlay shall be arranged to provide easy access and benefit to the maximum number of lots and/or dwelling units and shall be on the same tract of land. If open space is proposed to be deeded to the City of Mackinac Island, it must be acceptable to the city with regard to size, shape, location, improvements and purpose of use. Additionally, planned unit development open space not dedicated for public use shall be preserved in perpetuity by the leasing or conveyance of title (including beneficial ownership) to a corporation, association, or legal entity, or by the reservation by means of a deed restriction. The terms of such lease or other instrument must include provisions guaranteeing the continued use of such land for the intended purposes and continuity of proper maintenance for those portions of the open space land requiring maintenance. The developer shall file with the county register of deeds and the city council legal documents embodying the aforesaid guarantees ensuring the use of the common open space for the designated purposes. If the development is to be subdivided, the aforementioned restrictions shall be recorded at the time of final plat approval.

(6)

The PUD overlay site will result in a recognizable benefit to the ultimate uses of the project and to the community.

(7)

In relation to development permitted in the underlying zoning district, the proposed type and density of use does not result in an unreasonable use of public services, facilities and utilities. In addition, the PUD overlay does not place an unreasonable burden upon the site or surrounding land.

(8)

The proposed use will not adversely affect the present or planned surrounding land uses, including the public utility and circulation system, surrounding properties, or the environment.

(9)

That there is compatible relationship between the existing streets within the vicinity further defined as: adequate service drives, entrance and exit driveways and parking areas to ensure the safety and convenience of pedestrian, bicycle and horse traffic and emergency vehicles.

(10)

The PUD overlay site is generally consistent with the goals, objectives and future land use of the city's master plan.

(11)

The PUD overlay is designated to protect and preserve significant natural and historical features, open space, surface and groundwater bodies, and the integrity of the land.

(12)

Public water, sanitary sewer (or other approved waste system), and storm drainage facilities are available or will be provided as part of the site development.

(13)

Compliance with all requirements set forth in section 19A.03.

(14)

The PUD overlay shall be consistent with the intent and spirit of this ordinance.

Upon approval of the PUD overlay, the site plan submitted with the application shall be the final approved PUD overlay site plan. No use of the site shall be permitted inconsistent with said plan.

(1)

Notice. Deviations from the approved final PUD Overlay Site Plan may occur only when an applicant or property owner notifies the zoning administrator of the proposed amendment, accompanied by a site plan illustrating the proposed change.

(2)

Procedure. Within 14 days of receipt of a request to amend the final PUD overlay site plan, the zoning administrator shall determine whether the change is major, warranting review by the planning commission and city council, or minor, allowing administrative approval, as noted below.

(3)

Minor changes. The zoning administrator may approve the proposed revision upon finding the change would not alter the basic design or any conditions imposed upon the original plan approved by the city council. The zoning administrator shall inform the planning commission and city council of such approval in writing.

(4)

Major changes. Where the zoning administrator determines the requested amendment to the approved final PUD overlay site plan is major, or if there is a request to expand the land area included within the PUD overlay, resubmittal to the planning commission and city council shall be required, which shall follow the procedure outlined in section 19A.04.

(5)

Violations. Any deviation from the approved final PUD overlay site plan, except as authorized in this ordinance, shall be considered a violation of this ordinance.

The Mission Point Planned Unit Development District, as noted on the official zoning map and approved by the city council, shall remain in effect and shall be granted all rights and privileges under the terms of its original approval in accordance with the former R-4 Planned Unit Development District, which was repealed by Ord. No. 479, effective November 12, 2013.

All future planned unit development applications to the city shall be made in accordance with the requirements and procedure as outlined in this article 19A.