Except as otherwise specifically provided in this article, no lot or parcel shall be created and no structure shall be erected or maintained except in compliance with the schedule of regulations specified below. Any sale of land in violation of this section shall be voidable at the option of the purchaser and shall subject the seller thereof to the forfeiture of any and all consideration received or pledged for the land. The purchaser may take additional action to recover any damages sustained. These remedies shall not preclude enforcement by the zoning administrator.

(1)

Lot width shall be measured at the front setback line and shall not include any encumbrances, such as easements or other such restrictions. The maximum depth to width ratio shall be four to one.

(2)

Minimum lot sizes and lot widths in areas where municipal water and/or sewer are not available or will not be used are as follows:

a.

When either municipal water or sewer service, but not both, are available and will be used, the minimum lot size shall be 19,500 square feet with a minimum lot width of 130 feet or the minimum lot width as shown above, whichever is greater.

b.

When neither municipal water or sewer are available, or will not be used, the minimum lot size shall be 40,000 square feet with a minimum lot width of 150 feet.

(3)

No accessory building shall be located in the front yard; garages may be placed in side yards provided that the required side setbacks can be met.

(4)

The first number represents the setback for the principal structure; the second number represents the minimum setback for accessory structures.

(5)

An accessory building or structure shall not exceed 15 feet in height.

(6)

For multiple-family dwellings or other uses where more than two dwelling units are placed on a single parcel, the minimum parcel size shall be 7,800 square feet plus an additional 2,400 square feet for each unit beyond two, in areas where municipal water and sewer service will be used. Parcels which do not have water and sewer service, or where such service will not be used, must comply with subsection (2) of this section, plus an additional 2,400 square feet for each unit beyond two.

(7)

The side setback must be at least five feet from the lot line, or 15 feet from existing structures on adjacent parcels, unless a wall is constructed in accordance with BOCA Code requirements for fireproof construction, in which case the wall shall be built at the lot line.

(8)

If more than one building is located on a parcel, there shall be a minimum of ten feet separation between any two buildings at any point.

(9)

A buffer shall be provided in accordance with section 50-106 when adjacent to R-1, R-2, and M-1 districts.

(10)

The front setback shall be 50 feet for those lots where U.S. 2 forms the front lot line, and ten feet for all other lots.

(11)

The maximum height for structures south of U.S. 2 shall be 30 feet.

(12)

Building height shall not exceed the distance to the lot line when measured from any point on the structure

(13)

Property in this district consists of large parcels of publicly-owned lands which are not expected to be platted or divided.

(14)

Setbacks from water. All structures on lots abutting Lake Michigan or any inland lake or stream, as defined in Public Act No. 451 of 1994 (MCL 324.30101), including, but not limited to, inland lakes, rivers, streams, and impoundments, shall maintain a minimum setback of 50 feet as measured from the high water mark. All uses shall be subject to this setback except private bathing facilities, saunas, storage sheds, and associated facilities which shall maintain a minimum setback of 30 feet as measured from the high water mark.

(15)

The dwelling distance from the property lines shall be set back for that parcel only, unless structure is less than three feet from side property line or less than ten feet from the front property line. If it is determined by the zoning administrator that existing primary dwelling setback would be obstructive and unsafe in existing setback, then existing setback could be denied by the zoning administrator. The homeowner could appeal the zoning administrator's decision to the zoning board of appeals.

(16)

Unenclosed porches, balconies, or decks may project eight feet into the front yard but must stay a minimum of ten feet from the front property line and be 30 inches or less from grade.

(Ord. No. 299 of 2011, § 401, 2-14-2011)

Every single- and/or two-family dwelling shall have a floor area of not less than 720 square feet, exclusive of unfinished basements, garages, porches and breezeways. Every unit in a multiple-family dwelling shall have a minimum floor area of at least 350 square feet.

(Ord. No. 299 of 2011, § 402, 2-14-2011)

The maximum lot coverage ratio in all districts except B-1 and B-2 shall be 35 percent. The maximum lot coverage ratio in the B-1 district shall be 90 percent, and in the B-2 district shall be 50 percent.

(Ord. No. 299 of 2011, § 403, 2-14-2011)

Where a lot is devoted to a permitted principal use, customary accessory uses and buildings are authorized except as prohibited specifically or by necessary implication in this or any other ordinance. The following special rules are applicable:

(1)

An accessory building, including carports, attached to the principal building shall be made structurally a part thereof, and shall comply in all respects with the requirements of this article applicable to the principal building. Breezeways, as an attachment between the garage or carport and the main building, shall be considered a part of the main building, but shall not be considered livable floor space.

(2)

An accessory building, unless attached and made structurally a part of the principal building, shall not be closer than ten feet to any other structure on the lot.

(3)

An accessory building in a residential district shall occupy no more than 25 percent of a required rear yard plus 20 percent of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the principal building.

(4)

In instances where the rear lot line and an alley right of way share a common boundary, the accessory building shall be no closer than three feet from such rear lot line. In no instance shall an accessory building be located within a dedicated easement right of way.

(5)

Storage sheds of 144 square feet or less, and not more than eight feet high or nine feet above grade, may be set within three feet of the rear or side property line.

(Ord. No. 299 of 2011, § 404, 2-14-2011)

Home occupations shall be allowed in all districts, in accordance with the provisions below. Home occupations shall be authorized upon application for and issuance of a zoning compliance permit by the zoning administrator. All home occupations shall comply with the following conditions:

(1)

Home occupations shall employ only those members of the family residing on the premises and not more than one non-occupant employee; home occupations in the R-1 district shall not employ non-occupants;

(2)

There shall be no outdoor storage and there shall be no exterior evidence of the conduct of home occupations, other than an approved sign in accordance with article VI of this chapter;

(3)

If the home occupation is conducted in an accessory building, it shall occupy not more than 300 square feet of said accessory building;

(4)

No traffic shall be generated by such home occupation in greater volumes than would be normally expected in that residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the requirements of section 50-103; the home occupation may utilize only stock vehicles such as passenger cars and light utility vehicles such as pick-ups and vans. These vehicles may be parked outside;

(5)

The use of the dwelling unit for home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and if such home occupation is conducted in the principal dwelling, not more than 25 percent of the usable floor area of the dwelling shall be used in the conduct of home occupation;

(6)

No equipment or processes shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(Ord. No. 299 of 2011, § 405, 2-14-2011)

No more than one principal structure or use may be permitted on a lot, unless specifically provided for elsewhere in this article.

(Ord. No. 299 of 2011, § 406, 2-14-2011)

Minimum lot size and lot width regulations do not apply to any nonconforming parcel of land shown as a lot in a map recorded with the county register of deeds, or described in a deed or land contract or lease agreement which has been perpetual, executed together with an affidavit or acknowledgment of a notary public, prior to the effective date of the ordinance from which this article is derived, and which lot actually exists as shown or described. Uses and/or structures located on parcels shall be treated as conforming uses and/or structures as long as those uses and/or structures are in conformance with the requirements of this article. No vested right shall arise to the property owner for any parcel created in violation of any preceding city zoning ordinance. When a nonconforming lot is held in common ownership with abutting parcels of land, the two or more parcels shall be considered combined as necessary to reduce or eliminate the non-conformity.

(Ord. No. 299 of 2011, § 407, 2-14-2011)

(a)

No portion of a lot shall be used more than once in complying with the provisions for lot area and yard dimensions for construction or alteration of buildings.

(b)

No setback area or lot existing at the time of adoption of the ordinance from which this article is derived shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this article is derived shall meet at least the minimum requirements established herein.

(Ord. No. 299 of 2011, § 408, 2-14-2011)

The following are exempted from height limit requirements, provided that no portion of the excepted structure may be used for human occupancy:

(1)

Those purely ornamental in purpose such as church spires, belfries, domes, ornamental towers, flagpoles and monuments.

(2)

Those necessary appurtenances to mechanical or structural functions, such as chimneys and smokestacks, water tanks, radio towers, television antennas and satellite dishes, wire transmission structures, and cooling towers. Any commercial communication tower shall be so located that the distance from the base of the tower to the nearest property line shall be either equal to the height of the structure plus the setback in that district or the radius of the collapse/failure zone as certified by a structural engineer plus the setback in that district.

(3)

Public utility structures.

(Ord. No. 299 of 2011, § 409, 2-14-2011)

In a residential district it is prohibited to use the open space surrounding a dwelling for the open air parking, disposition, storage, wrecking, dismantling, accumulation or abandonment, either temporary or otherwise, of disused, discarded, worn-out, wrecked, or dismantled vehicles, machinery, implements, apparatus, furniture, appliances, junk, or any other personal property. A maximum of two unlicensed and temporarily disabled vehicles may be stored on the premises provided they are screened from adjacent residences and the road.

(Ord. No. 299 of 2011, § 410, 2-14-2011)

(a)

There shall be provided off-street parking for motor vehicles; and the minimum number of parking spaces to be provided is shown in the following table. Where calculation of parking in accordance with this table results in requiring a fractional space, any fraction less than one-half shall be disregarded and any fraction of one-half or more shall require one space.

(b)

Required off-street parking shall be provided on the lot to which it pertains or within 400 feet of the structure it is intended to serve, measured from the nearest point of the building to the nearest point of the parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant. Access drives may be placed in the required front, side or rear yards so as to provide access to accessory or attached structures. Further, any walk or other pavement serving a like function shall not be considered a structure and shall be permitted in any required yard.

(c)

Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere, in conformance with all applicable requirements.

(d)

The use of any required parking space for the storage of any motor vehicle for sale, or for any other purpose other than the parking of motor vehicles is prohibited. For recreational and residential storage facilities and warehousing, loading areas shall be provided adjacent to the openings of the buildings. In no case shall these loading areas including access lanes be less than 26 feet wide when loading occurs on one side of the lane nor less than 30 feet wide when loading would occur from both sides.

(e)

Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

(f)

For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the board of appeals considers as being similar in type. If the use cannot be regarded as being similar to the uses listed, the board of appeals shall establish a reasonable minimum parking space requirement based upon such considerations as building floor area, number of employees and the volume of customer vehicular traffic.

(g)

For the purpose of computing the number of parking spaces required, the definition of usable floor area shall govern.

(h)

The number of minimum parking spaces per unit of measure as required in this article shall apply fully to the erection, alteration or extension of residential uses within the developed central business area, however, the provisions of parking spaces as required in this section may be reduced by one-half the minimum required spaces for all other uses within the developed central business area, being that area zoned B-1 on the zoning district map of this chapter and amendments thereto.

(Ord. No. 299 of 2011, § 411, 2-14-2011)

Wherever the off-street parking requirements in section 50-103(a) require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

(1)

No parking lot shall be constructed unless and until a permit therefor is issued. Applications for a permit shall be submitted with two copies of plans for the development, and construction of the parking lot showing the provisions of this section will be fully complied with.

(2)

Adequate ingress and egress to the parking lot shall be provided and shall receive the review and approval of the city manager, director of public safety, and state department of transportation or county road commission, if necessary, in order to provide for the greatest possible public safety and welfare. Such necessary directional signs and controls as are required shall be established and maintained by the owner or lessee of the parking lot.

(3)

All spaces shall be provided adequate access by means of maneuvering lanes.

(4)

Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements.

(5)

All maneuvering lane widths shall require one-way traffic movement, with the exception of the 90-degree pattern where two-way movement may be permitted, as illustrated on the following page.

(6)

Off-street parking areas shall be provided with a continuous and completely obscuring wall on all sides where the abutting property is included within a residential district.

(7)

Parking lot planting.

a.

Where the provision of off-street parking for 50 or more vehicles is required, there shall be landscaped open space within the perimeter of the parking area, or areas, in the minimum amount of 18 square feet for each parking space, which shall be so located that no parking space is more than 120 feet from a portion of the landscaped open space required by this section. Landscaped open space required by this section shall be kept continuously planted with living vegetation. The required landscaped open space need not be contiguous, but there shall be at least one tree in each separate area. Required trees shall be at least 12 feet high when planted or when this article becomes applicable thereto, shall be maintained in a healthy condition, and shall not be pruned, except to remove dead wood, in such a manner as to prevent growth to a height of at least 15 feet or to reduce existing height below 15 feet.

b.

The following varieties of trees are prohibited in meeting the requirements of this article: poplars, willows, American elm, seed bearing locusts, box elders, and jack pine. All plant materials shall be kept pruned to maximize visibility through them between the heights of three and eight feet.

(Ord. No. 299 of 2011, § 412, 2-14-2011)

On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of dedicated streets or alleys. Such space shall be provided as follows:

(1)

All spaces in B-1, B-2, M-1 and OS-2 districts shall be provided within the area required in the "schedule of regulations" as minimum rear yard.

(2)

All spaces in the I district shall be laid out in the dimension of at least ten feet by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. All spaces in the I district shall be provided in the following ratio of spaces to gross floor area:

(Ord. No. 299 of 2011, § 413, 2-14-2011)

(a)

Generally. When a planting screen, buffer or greenbelt is required by this article, such planting screen, buffer or greenbelt shall be in accordance with the requirements of this section. Planting screens, buffers or greenbelts shall be of sufficient length to interfere with the view thereof from the adjoining property, except where the view is blocked by a change in grade or other natural or man-made features, Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, a six-foot high fence whether it be an opaque wooden fence, a chainlink fence with interwoven slats, or a masonry wall may be substituted upon approval by the zoning board of appeals.

(b)

Planting screen specifications. All planting screens required by this article shall be maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet. Selection and spacing of plant materials shall be in accordance with the following standards:

(1)

Plant material spacing.

a.

Plant materials shall not be closer than four feet from the fence line or property line.

b.

Where planting materials are planted in two or more rows, plantings shall be staggered in rows.

c.

Evergreen trees shall be planted not more than 30 feet on centers.

d.

Narrow evergreens shall be planted not more than three feet on centers.

e.

Deciduous trees shall be planted not more than 30 feet on centers.

f.

Tree-like shrubs shall be planted not more than ten feet on centers.

g.

Large deciduous shrubs shall be planted not more than four feet on centers.

(2)

Suggested plant materials.

(3)

Trees not permitted.

a.

Box elder.

b.

Soft maples.

c.

Elms.

d.

Poplars.

e.

Ailanthus (tree of heaven).

f.

Jack pine.

(c)

Time of completion of plantings. All plantings required by this article shall be installed prior to occupancy or commencement of use. Where compliance is not possible because of the season of the year, the zoning administrator shall grant an appropriate delay. Any zoning compliance permit may be revoked, after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever plantings are not maintained as required in this article.

(Ord. No. 299 of 2011, § 414, 2-14-2011)

(a)

Permit requirements.

(1)

Any person desiring to build or replace an existing fence or cause to be built a fence upon property within the city must first apply to the zoning administration for a permit

(2)

Application for a permit shall include drawings necessary for the determination of whether the erection of such fence would be contrary to the provisions of this article or the laws of the state.

(3)

Verification of property lines is required prior to obtaining a fence permit. Verification can be accomplished by a survey performed by a licensed surveyor, or written permission by adjoining property owners that agree on location of property line.

(4)

The construction under a permit issued under the provisions of this article must be completed within six months from the date of issuance. The zoning administration shall have the authority to grant one additional six-month extension to the permit period.

(5)

Permit fees shall be established by the city council.

(b)

Construction and maintenance.

(1)

Every fence shall be constructed in a substantial, workmanlike manner and of materials reasonably suited for the purpose for which the fence is intended.

(2)

Every fence shall be maintained in good repair. Any fence which is, or has become, dangerous to the public safety, health or welfare is declared a public nuisance and shall be required to be repaired or removed within 180 days of notice.

(3)

Wood fences shall be constructed of new materials and preserved in a manner to maintain the fence in good structural condition and appearance.

(4)

Metal fences shall be constructed of new material, treated in a manner to prevent rust or corrosion.

(5)

Fence materials must be comparable to those manufactured for fencing purposes. Alternate materials, design and method of construction may be approved, if the zoning administration finds that the proposed design is satisfactory and complies with the intent and provisions of this article.

(c)

Direction of fences. All fences shall be erected so that the finish face of the fences faces outside property, with any visible posts or supports being located on the inside of the fence or structure.

(d)

Height requirement; fences or hedges in non-industrial districts. Except in the industrial district, fences and hedges not exceeding six feet in height may be located in the rear yard of any lot. Except in the industrial district, fences and hedges not exceeding six feet in height may be allowed in any side yard of any lot. Except in the industrial district, fences are prohibited in the front yard of any lot unless all of the following conditions are met:

(1)

The fence will not exceed four feet including posts and decorative finials.

(2)

The fence will be of vinyl, aluminum or wood construction with no more than 50 percent solid construction with open spaces spread uniformly along the entire length of the fence. Chainlink fences are prohibited in all non-industrial districts.

(3)

The fence may not be placed closer than two feet from the inside edge of the sidewalk or where a sidewalk would normally be.

(4)

At least one post in any front fence will be free standing with the post clearly marked as such to permit front lot access by public safety vehicles at all times.

(5)

Any person within the city who erects or maintains a fence between the edge of the established lot line and the inside edge of the sidewalk or where any sidewalk would normally be, shall be fully responsible for the care and maintenance of such fence, and shall assume full responsibility for any damage arising due to the erection of such fence.

(e)

Hedges not exceeding three feet in height may be located in the front yard of any lot and alongside lot lines. No fence or hedge shall intrude into or break the vertical plane of the property line. Shrubs and trees planted for purposes of maintaining a hedge shall be placed so that the trunk or main stem of the plant is no closer than three feet from any lot line.

(1)

Fences in the Industrial (I-1) District. In the industrial district fences not to exceed ten feet in height are permitted on all lot lines. If barbed wire is used in conjunction with chain link fencing, the barbed wire must be at least six feet off the ground.

(2)

Supportive/decorative structures. Supporting posts shall not exceed six feet in height; supporting posts with decorative attachments shall not exceed 6½ feet in height. This does not include posts in industrial district.

(3)

Prohibited materials. Use of barbed wire, razor wire, electrified materials or a single strand of material as a fencing material is prohibited, except that barbed wire may be used in conjunction with chain link fence at least six feet in height in the industrial district.

(Ord. No. 299 of 2011, § 415, 2-14-2011; Ord. No. 311 of 2014, 3-24-2014)

(a)

Intent. To permit greater flexibility in the use and design of structures and land in situations where modifications of specific provisions of this article will not be contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood in which they occur. A planned unit development (PUD) should result in development which maximizes the provision of open space, preserves natural features, and provides a harmonious arrangement of structures and uses. More than one principal use and/or structure per lot may be permitted.

(b)

Eligibility. In order to be approved by the city planning commission, a proposed planned unit development shall:

(1)

Be located on a parcel at least two acres in size.

(2)

Provide for open space and preservation of natural features; clustered development and similar design methods are encouraged.

(3)

Minimize the amount of impervious surface created.

(4)

Provide a harmonious and efficient arrangement of all structures and uses in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. Arrangement of buildings shall be done in such a way to utilize natural topography, existing vegetation and views within and beyond the site.

(c)

Application and modification powers. The applicant shall submit an application to the planning commission in accordance with the procedures in subsections (d) through (f) of this section.

(1)

In acting upon the application, the planning commission may alter setback requirements, building size limits, off-street parking regulations, landscaping rules, and density and intensity limits. It may also authorize uses not permitted in the district where the lot is located, providing such uses are desirable or convenient for the users of the lot as developed or the immediate neighborhood and provided that such uses are planned so as to assure that they will not materially alter the existing character of the neighborhood. However, uses not permitted in the district where the lot is located shall not be permitted to occupy more than ten percent of the lot area nor more than ten percent of the building floor area.

(2)

The provisions of this section shall be applied to the existing zoning district, as defined on the zoning map where the PUD is to be located.

(d)

Preliminary conference. Prior to preparing a formal application, the applicant shall meet with the planning commission to discuss the proposed development and application procedures. No decision regarding any proposed PUD is to be reached at this conference.

(e)

Preliminary application.

(1)

Following the preliminary conference, the applicant shall prepare and submit ten copies of a preliminary application which consists of the following written and graphic documents, together with any fees which have been imposed by the city council:

a.

A written description of the proposed PUD, including:

1.

How the proposed PUD is consistent with the intent of the section, and with the eligibility criteria in subsection (b) of this section.

2.

A statement identifying all intended uses, including future sales or leasing arrangements of all or portions of the proposed PUD.

3.

A legal description of the proposed PUD parcel.

4.

A listing of all owners, holders of easements, and other interested parties.

5.

A projected assessment of the proposed PUD demands on public services and utilities, including, but not limited to, water, sewer, electrical service, streets and roads, sidewalks, refuse disposal, and emergency services.

b.

A preliminary site plan which is in accordance with the site plan requirements of article V of this chapter.

c.

A development schedule; a list of proposed covenants or deed restrictions; any proposed maintenance agreements on open space or common ownership areas; and a description of the type of financial guarantees to be utilized to insure PUD development.

d.

Any other information as the planning commission may reasonably require showing the applicant's intent for the development and viability of the proposal.

e.

The applicant may request that the requirement of subsection (f) of this section for a final application be waived, and include all of the information required for a final application with the preliminary application. If, upon submittal, the zoning administrator finds that all items required by section subsections (e)(1)a through d and (f)(1)a through e of this section are included, the requirement for a final application and final public hearing may be waived. If the requirement for a final application is waived, the public hearing notice and all other materials pertaining to the preliminary application should clearly state that the final application requirement has been waived, and that no further public hearings on this application are anticipated.

(2)

All the application materials must be received in the office of the city zoning administrator before a public hearing notice can be submitted for publication.

(3)

The planning commission shall hold a public hearing, held in accordance with the requirements of section 50-243, to review the preliminary application. In making its review of any portion of the PUD preliminary application, the planning commission shall find that the proposed PUD is consistent with the standards outlined in subsection (h) of this section and section 50-195 and other relevant provisions of this article. Following the review, the planning commission shall approve, approve with conditions or subject to modifications, or deny the preliminary application. Action taken on the preliminary application shall be specified in writing, including the reasons for approval or denial of the application, and any conditions imposed as part of approval with conditions.

(4)

Approval of the preliminary application does not constitute recording of the plan or plot nor authorize the issuance of building permits.

(5)

Within a maximum of 12 months following preliminary approval, the applicant shall file for final application as outlined below. For good cause, the planning commission may extend this time period for six months. If the applicant fails to apply for final application for any reason, approval or conditional approval shall be revoked.

(f)

Final application.

(1)

Following approval or approval with conditions of the preliminary application, the applicant shall prepare and submit ten copies of a final application which shall include:

a.

All information as required by the planning commission for preliminary approval or conditional approval of the preliminary application, including modifications required to meet conditions imposed on the preliminary application, if any.

b.

Signed copies of any preliminary plats, in accordance with Public Act No. 288 of 1967 (MCL 560.101 et seq.), the land division act.

c.

A detailed development time schedule.

d.

Deed restrictions or covenants of the parcel.

e.

Any other plans, documentation or specifications, as the planning commission may require to insure final engineering review and approval, which may include building plans, elevation and perspective drawings, drainage, road or other facility designs, and letters of commitment or intent insuring adequate financing for public utilities and/or services.

(2)

All the application materials must be received in the office of the city zoning administrator before a public hearing notice can be submitted for publication.

(3)

If a separate final application is received, the planning commission shall hold a second public hearing, in accordance with section 50-243, and shall determine whether or not the final plans substantially conform to the approved preliminary development plan and are in proper form for final recording. Action taken on the final application shall be specified in writing, including the reasons for approval or denial of the application, and any conditions imposed as part of approval with conditions.

(g)

Authorization and issuance of conditional use permit.

(1)

Where the planning commission determines that the final application is consistent with this section and other requirements thereof, and is in proper form for recording, it shall authorize a PUD conditional use permit for development and use in accordance with the final accepted development plan. Authorizing the PUD conditional use permit shall not obligate the city planning commission or the city council to enforce any deed restrictions or covenants of the development parcel.

(2)

The PUD conditional use permit shall be issued following evidence of recording of the PUD final development plan with the county register of deeds.

(h)

Planned unit development standards. All preliminary and final applications shall be evaluated with respect to the following standards:

(1)

Requirements for yard, setback, lot size, etc. Yard, setback, lot size, type of dwelling unit, height, and frontage requirements and restrictions may be waived for the PUD, provided, however, that the spirit and intent of this section as defined in the intent statement, are incorporated within the total development plan. The planning commission may determine that certain setbacks be established within all or a portion of the perimeter of the site, and shall determine the suitability of the total development plan in accordance with the intent of this section.

(2)

Access. Every structure or dwelling unit shall have access to a public street, or to a private roadway built to city specifications and dedicated to common use. A maintenance agreement shall be required for private roadways.

(3)

Sidewalks. All streets and roadways within the PUD shall be bordered by sidewalks at least five feet in width on both sides of the street or roadway.

(4)

Land usage. Structures and uses shown on the development plan shall be arranged so as not to be detrimental to existing or proposed structures within the development or surrounding neighborhood.

(5)

Privacy. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise.

(6)

Off-street parking. Parking convenient to all dwelling units and other uses shall be provided pursuant to the requirements of sections 50-103 through 50-105. Common driveways, parking areas, walks, or steps may be required together with appropriate lighting, in order to insure the safety of the occupants and the general public. Screening of parking and service areas may be required through use of trees, shrubs, hedges or screening walls.

(7)

Utilities. PUD's shall, where feasible, provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. In no instance shall the PUD place demands in excess of the capabilities of the affected public facilities and services.

(8)

Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; additional new landscaping shall be added for privacy, shade, beauty of buildings and grounds, and to screen out objectionable features.

(9)

Consistent with relevant standards. The PUD shall be consistent with the standards outlined in section 50-195 and other relevant provisions of this article.

(i)

Changes in approved PUD. Minor changes in the location site or character of the building and structures may be authorized by the planning commission, if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No changes so authorized may cause a change in the use, character, or intent of the development, an increase in the intensity of use, changes in the overall coverage of the structures, or problems of traffic circulation, utility services, or similar services, or a reduction in the approved open space, off-street parking and loading space, or pavement width requirements. Any changes which are approved must be made and recorded in accordance with the procedures established for the recording of the initial final development plan.

(Ord. No. 299 of 2011, § 416, 2-14-2011)

State Law reference— Planned unit development, MCL 125.3501 et seq.