Mount Pleasant City Zoning Code
ARTICLE 100
Base Districts
§ 90-110.10 Districts established.
[Added 6-9-2025 by Ord. No. 9-2025[1]]
Residential zoning districts are primarily intended to create, maintain and promote a variety of housing opportunities for individuals and households of various ages, incomes and lifestyle preferences. The districts are also intended to maintain and promote the desired physical character of existing and developing neighborhoods. While the R Districts primarily accommodate residential uses, some nonresidential (public and civic) uses are also allowed. The Village's residential zoning districts are listed in Table 90-110-1. When this zoning chapter refers to "residential" zoning districts or "R" zoning districts, it is referring to these districts.
Table 90-110-1 Residential (R) Districts | |
|---|---|
Symbol | District Name |
RE | Estate Residential |
RL | Low-Density Residential |
RN | Neighborhood Residential |
RM | Moderate-Density Residential |
RH | High-Density Residential |
(a)
RE Residential Estate District. The RE (Residential Estate) District accommodates detached houses on very large lots, and very limited keeping of horses or farm animals. The village intends RE lots to lie adjacent to or contain preserved open space, contain custom high-quality architecture, and that subdividers create by a limited number of land divisions.
(b)
RL Low-Density Residential District. The RL (Low-Density Residential) District accommodates one or two dwelling units on lots. The village intends RL lots to make up the bulk of the interior of its suburban-style residential areas with frontage along local streets.
(c)
RN Neighborhood Residential District. The RN (Neighborhood Residential) District accommodates up to six dwelling units on lots. The village intends RN lots to bridge suburban- and urban-style areas, provide a mix of housing in a neighborhood context, or lie along collector and minor arterial streets.
(d)
RM Moderate-Density Residential District. The RM (Moderate-Density Residential) District accommodates a broad variety of residential building types at a moderate scale. The village intends RM lots to make up some of its urban-style residential neighborhoods or have frontage along collector and minor, and principal arterial streets with shared, rear, or limited access.
(e)
RH High-Density Residential District. The RH (High-Density Residential) District accommodates a denser range of residential building types allowed to exceed three stories. The village intends to apply RH zoning in areas with excellent transportation or transit access, closer to job centers, and along minor and principal arterial roadways with shared, rear, or limited access.
[1]
Editor's Note: This ordinance also amended in its entirety Division 90-110, Residential Districts, adopted by Ord. No. 19-2020, 6-8-2020, as amended 3-22-2021 by Ord. No. 05-2021; 1-10-2022 by Ord. No. 30-2021; and 1-10-2022 by Ord. No. 31-2021.
§ 90-110.20 Permitted Building Types.
[Added 6-9-2025 by Ord. No. 9-2025]
Residential zones permit the building types listed in Table 90-110-2.
Table 90-110-2 Permitted Building Types | ||||||
|---|---|---|---|---|---|---|
Building Type | Districts | See Section | ||||
RE | RL | RN | RM | RH | ||
P = Permitted | ||||||
— = Prohibited | ||||||
Residential Buildings | ||||||
Detached house | P | P | P | P | P | (A) |
Two-unit house | P | P | P | P | P | (B) |
Twinhouse | — | P | P | P | P | (C) |
Townhouse building | — | — | P | P | P | (D) |
Multi-unit building | — | — | P | P | P | (E) |
Cottage court | — | — | P | P | P | (F) |
Backyard cottage | P | P | P | P | P | (G) |
Nonresidential buildings | ||||||
Civic building | P | P | P | P | P | (H) |
(a)
Detached house. A detached house is a residential building that contains only one dwelling unit and is located on a single lot not occupied by other principal buildings.
Figure 90-110-1 Detached House  |
(b)
Two-unit house. A two-unit house is a residential building that contains two dwelling units and is located on a single lot not occupied by other principal buildings.
Figure 90-110-2 Two-Unit House  |
(c)
Twinhouse. A twinhouse is a residential building occupied by two dwelling units, each of which is located on its own lot with a common or abutting wall along the dwelling units' shared lot lines. Each dwelling unit has its own external entrance.
Figure 90-110-3 Twinhouse  |
(d)
Townhouse building. A townhouse building is a residential building occupied by three or more dwelling units, each of which is located on its own lot and has one or more common or abutting walls with other dwelling units in the townhouse building. Each dwelling unit has a front and back and its own external entrance. Townhouse dwelling units do not share common floors, attics, or basements with other dwelling units.
Figure 90-110-4 Townhouse Building  |
(e)
Multi-unit building. A multi-unit building is a residential building that is located on a single lot and occupied by three or more dwelling units.
Figure 90-110-5 Multi-Unit Building  |
(f)
Cottage court. A cottage court development is a grouping of small detached houses, two-unit houses, twinhouse, or backyard cottages clustered around a common open space or shared courtyard.
Figure 90-110-6 Cottage Court  |
(1)
Open space. Property owners must provide at least 400 square feet of contiguous, regularly shaped, common open space per unit as the focal point of the development accessible to its residents.
(2)
Building orientation. Property owners must orient the unit entrances around at least two sides of the common open space, except units adjacent to local and collector streets that must face towards the street.
(3)
Building proximity. Property owners must locate all units within 75 feet of the common open space area.
(4)
Parking. Property owners may provide cottage court parking in attached garages, detached garages, or in a shared parking area. They must screen shared parking areas in accordance with the vehicular use area screening standards of § 90-430.30. They may not locate parking in the required courtyard or common open space area.
(g)
Backyard cottage. A backyard cottage is a small accessory residential building occupied by a single, self-contained accessory dwelling unit no larger than 40% of the gross floor area of the principal dwelling unit (excluding any attached garage). Backyard cottages are located on the same lot as but not attached to a detached house.
(1)
Number allowed. The village prohibits more than one backyard cottage on a single lot. It also prohibits backyard cottages on lots occupied by a two-unit house or a secondary suite.
(2)
Rental. Backyard cottages may not be rented for periods of less than seven consecutive days.
(3)
Residents allowed. The total number of residents that reside in the backyard cottage and the detached house, combined, may not exceed the number permitted for a household.
(4)
Design. The exterior finish material, roof pitch, and trim elements must visually match the exterior finish material of the principal building in type, size and placement.
(5)
Entrances. Entrances to backyard cottages may not face the nearest side or rear property line unless there is an alley abutting that property line.
(6)
Deed restriction. The subject property owner must record a deed restriction stating that the owners of the subject property agree to comply with all applicable regulations and to notify all prospective purchasers of such regulations. The deed restriction must run with the land and bind the property owner, their heirs and assigns, and any parties subsequently acquiring any right, title, or interest in the property. The deed restriction must be in a form prescribed by the Village Attorney.
(h)
Civic building. A civic building is a building occupied by a public or civic use.
Figure 90-110-7 Civic Building  |
§ 90-110.30 Principal Buildings Per Lot.
[Added 6-9-2025 by Ord. No. 9-2025]
The Village shall only approve multiple principal buildings on a lot if the Village approved them in accordance with the condominium plat procedures of Chapter 74 Subdivisions, in accordance with § 90-110.020, Subsection (f), or the property owner submits a plan showing how they could subdivide the lot so that each such principal and accessory building would comply with the regulations Chapter 74 Subdivisions and this zoning chapter.
§ 90-110.40 Shared Obligations.
[Added 6-9-2025 by Ord. No. 9-2025]
Property owners who plan to construct twinhouses or townhouses must submit a declaration of covenants, conditions, and restrictions or a similar enforceable agreement with the land division document, if creating new lots, or with the building permit, if not creating new lots. The declaration must specify respective owner obligations and rights with regard to any common structures, such as shared walls, roofs, and other inseparable improvements.
§ 90-110.50 Vehicle Access Location.
[Added 6-9-2025 by Ord. No. 9-2025]
Property owners must prioritize accessing parking areas for lots located along collector, minor arterial, or principal arterial streets from the rear when possible.
§ 90-110.60 Single Project.
[Added 6-9-2025 by Ord. No. 9-2025]
Property owners must construct all new dwelling units with shared structural elements (e.g., walls or roofs) as a single project during the same construction time period.
§ 90-110.70 Lot and Building Regulations.
[Added 6-9-2025 by Ord. No. 9-2025]
R District lots and buildings must comply with the regulations of Table 90-110-3.
Table 90-110-3 Lot and Building Regulations | ||||||
|---|---|---|---|---|---|---|
Regulation | RE | RL | RN | RM | RH | |
Lot | ||||||
1 | Minimum lot area (square feet) | 21,780 | 6,000 | 4,200 | 3,600 | — |
1 | Maximum lot area (square feet) | 430,560 | 43,560 | 21,780 | 43,560 | — |
2 | Minimum lot width (feet) | 100 | 55 | 35 | — | — |
2 | Maximum lot width (feet) | — | 120 | 240 | 360 | 1,080 |
Minimum units per net acre | 0.1 | 1 | 6 | 9 | 12 | |
Maximum impervious surface coverage (% of lot) | 25 | 50 | 65 | 80 | 100 | |
Principal Building Siting | ||||||
3 | Street setback (minimum; feet)1 | 20 | 15 | |||
4 | Interior side (minimum; feet)2 | 16 | 8 | 6 | ||
5 | Rear (minimum; feet) | 25 | ||||
Accessory Building Siting | ||||||
Front yard (minimum; feet) | 100 | — | ||||
Secondary or side yard (minimum; feet)3 | 20 | 15 | ||||
Side and rear setbacks (minimum; feet) | 10 | 3 | ||||
Garages | ||||||
Garage configuration | See § 90-420.100 Parking Area Layout and Design | |||||
Maximum Building Height | ||||||
Principal building (stories) | 2 | 3 | 6 | |||
Accessory building (stories) | 2 | 1.5 | 2 | |||
Minimum Finished Above-Grade Living Area (square feet) | ||||||
2,500 | 1,250 | Per building code | ||||
Notes: | |
|---|---|
(1) | May reduce by five feet on lots with rear access to parking/garage. |
(2) | Interior side building setbacks apply only to end units (i.e., on nonattached side). |
(3) | The street-facing wall of a secondary or side street yard accessory building must include at least 20 square feet of window area or comply with one of the R District Screening Options in Table 90-430-2. |
§ 90-120.10 Districts established.
[Ord. No. 19-2020, 6-8-2020]
The Village's mixed-use zoning districts are listed in Table 90-120-1. When this zoning chapter refers to "mixed-use" zoning districts or "MX" zoning districts, it is referring to these districts.
Table 90-120-1 Mixed-Use (MX) Districts | |
|---|---|
Symbol | District Name |
MX-1 | Transitional Mixed-Use |
MX-2 | Neighborhood Mixed-Use |
MX-3 | Corridor Mixed-Use |
MX-4 | Village Mixed-Use |
§ 90-120.20 District descriptions.
[Ord. No. 19-2020, 6-8-2020]
(a)
General. Mixed-use zoning districts are primarily intended to create, maintain and promote walkable mixed-use development patterns.
(b)
MX-1. The MX-1 District is intended to accommodate commercial and mixed-use buildings in transition areas at the edges of established residential neighborhoods.
(c)
M-X2. The MX-2 District is primarily intended to accommodate small, neighborhood-scale mixed use-buildings.
(d)
MX-3. The MX-3 District is primarily intended to accommodate mixed-use buildings in mixed-use corridors and nodes.
(e)
MX-4. The MX-4 District is primarily intended to accommodate mixed-use buildings in a walkable village center context.
§ 90-120.30 Allowed uses.
[Ord. No. 19-2020, 6-8-2020]
Uses are allowed in MX Districts in accordance with the use regulations of Division 90-310.
§ 90-120.40 Lot and building regulations.
[Ord. No. 19-2020, 6-8-2020]
Buildings in MX Districts are subject to compliance with the lot and building regulations of Table 90-120-2.
Table 90-120-2 MX District Lot and Building Regulations | |||||
|---|---|---|---|---|---|
Regulation | MX-1 | MX-2 | MX-3 | MX-4 | |
(a) | Lot | ||||
 | Minimum lot area (square feet) | 4,000 | 4,000 | 4,000 | 2,500 |
Minimum lot area per dwelling unit (square feet) | 2,000 | No minimum; all other regulations apply. | |||
 | Minimum lot width (feet) | 40 | 40 | 40 | 25 |
Maximum building coverage (% of lot) | 55 | 65 | 75 | 90 | |
(b) | Principal Building Siting | ||||
 | Primary street build-to zone (minimum/maximum; feet) | 25/35 | 10/20 | 15/25 | 5/10 |
 | Building frontage within primary street build-to zone (minimum) | NA | 60% | 60% | 80% |
 | Side street build-to zone (minimum/maximum; feet) | 25/35 | 10/20 | 15/25 | 5/10 |
 | Building frontage within side street build-to zone (minimum) | NA | 40% | 40% | 40% |
 | Driveway side setback (minimum; feet) | 5 | 5 | 5 | 5 |
 | Nondriveway side setback (minimum; feet) | 0 or 5 | 0 or 5 | 0 or 5 | 0 or 5 |
 | Rear setback (minimum; feet) | 25 | 25 | 25 | 25 |
(c) | Principal Building Design | ||||
| Primary street building width (maximum; feet) | 50 | 80 | NA | 100 |
 | Ground-story transparency (minimum) | NA | 50% | 50% | 65% |
 | Upper-story transparency (minimum) | NA | 20% | 20% | 20% |
 | Primary street-facing entrance | Required in all MX Districts | |||
Ground-story floor to ceiling height (minimum; feet) | NA | 12 | 12 | 14 | |
(d) | Principal Building Size | ||||
Maximum ground floor area (square feet) | 1,000 | 2,000 | No maximum | No maximum | |
(e) | Parking Siting | ||||
Allowed location | Not permitted in front yard | ||||
 | Primary street setback (minimum; feet) | 25 | 25 | 25 | 25 |
Side street setback (minimum; feet) | 10 | 10 | 10 | 10 | |
Side (minimum; feet) | 5 | 5 | 5 | 5 | |
Rear (minimum; feet) | 5 | 5 | 5 | 5 | |
(f) | Accessory Building Siting | ||||
Allowed location | Allowed in rear yard only | ||||
Minimum side and rear setbacks (feet) | 5 | 5 | 5 | 5 | |
Minimum building separation (feet) | 10 | 10 | 10 | 10 | |
(g) | Maximum Building Height | ||||
Principal building (feet) | 35 | 35 | 48 | 60 | |
Accessory building (feet) | 20 | 20 | 20 | 20 | |
(h) | Minimum Building Height | ||||
Principal building (stories) | None | None | 2 | 2 | |
Accessory building (feet) | None | None | None | None | |
Figure 90-120-1 MX District Lot and Building Regulations (See Table 90-120-2)  |
§ 90-120.50 Other regulations.
[Ord. No. 19-2020, 6-8-2020]
Buildings and uses in MX Districts are subject to all other applicable regulations of this zoning chapter, including the following:
§ 90-130.10 Districts established.
[Ord. No. 19-2020, 6-8-2020; amended 10-23-2023 by Ord. No. 23-2023[1]; 4-22-2024 by Ord. No. 6-2024]
This zoning chapter lists the Village's commercial zoning districts in Table 90-130-1. When this zoning chapter refers to "commercial" or to "C" zoning districts, it refers to these districts.
Table 90-130-1 C Districts | |
|---|---|
Symbol | District Name |
C-1 | Low-Intensity Commercial |
C-2 | Moderate-Intensity Commercial |
C-3 | High-Intensity Commercial |
C-4 | General Industrial |
C-5 | Special Industrial |
[1]
Editor's Note: This ordinance further specified that former district B-1 shall become C-1; B-2 shall become C-2; B-3, B-4 and M-1 shall become C-3; M-2 and BP shall become C-4; and M-3 shall become C-5.
§ 90-130.20 District descriptions.
[Ord. No. 19-2020, 6-8-2020; amended 10-23-2023 by Ord. No. 23-2023; 4-22-2024 by Ord. No. 6-2024]
(a)
Commercial zoning districts accommodate and promote a wide range of commercial-, industrial-, and employment-related uses at various intensities.
(b)
The C-1 District accommodates low-intensity commercial, low-intensity manufacturing, and residential uses. The Village intends the C-1 District to support these very local uses within neighborhoods.
(c)
The C-2 District accommodates moderate-intensity commercial, low-intensity manufacturing, and upper-story residential uses. The Village intends the C-2 District to support these local uses within small nodes or along local corridors.
(d)
The C-3 District accommodates high-intensity commercial, moderate-intensity manufacturing, and upper-story residential uses. The Village intends the C-3 District to support these regional uses concentrated within large nodes or along regional commercial corridors.
(e)
The C-4 District accommodates high-intensity commercial and high-intensity manufacturing uses. It does not allow residential uses. The Village intends the C-4 District to support these regional uses within business parks.
(f)
The C-5 District accommodates high-intensity manufacturing uses separated from commercial and residential uses.
§ 90-130.30 Allowed uses.
[Ord. No. 19-2020, 6-8-2020; amended 10-23-2023 by Ord. No. 23-2023; 4-22-2024 by Ord. No. 6-2024]
See Article 300: Uses.
§ 90-130.40 Lot and building regulations.
[Ord. No. 19-2020, 6-8-2020; amended 10-23-2023 by Ord. No. 23-2023; 4-22-2024 by Ord. No. 6-2024; 6-9-2025 by Ord. No. 7-2025]
(a)
Buildings in commercial districts are subject to compliance with the lot and building regulations of Table 90-130-2.
Table 90-130-2 Commercial District Lot and Building Regulations | ||||||
|---|---|---|---|---|---|---|
Regulation | C-1 | C-2 | C-3 | C-4 | C-5 | |
(a) | Lot | |||||
Minimum lot area per dwelling unit (square feet) | 3,630 | 1,815 | 907.5 | Not permitted | Not permitted | |
1 | Lot width (feet) | 18 min. 120 max. | 18 min. 240 max. | 18 min. 900 max. | 18 min. | 18 min. |
Maximum building coverage (% of lot) | 50% | 60% | 70% | 80% | n/a | |
(b) | Principal Building Siting | |||||
Property line setback1 | 0 | 0 or 5 | 0 or 10 | 0 or 20 | 0 or 40 | |
(c) | Principal Building Design | |||||
Street-facing ground-story transparency (minimum) | 20% | n/a | ||||
Upper-story transparency (minimum) | 10% | n/a | ||||
Ground-story floor to ceiling height (minimum; feet) | 12 | |||||
(d) | Accessory Building Siting | |||||
Allowed location | Allowed in rear yard only | |||||
Minimum side and rear setbacks (feet) | 0 | 5 | 10 | 20 | 40 | |
Minimum building separation (feet) | 10 | |||||
(e) | Building Height | |||||
6 | Principal building (stories) | 2 max. | 4 max. | 8 max. 2 min.2 | 8 max. 2 min.2 | 8 max. |
Accessory building (stories) | 2 max. | |||||
NOTE: | |
1 | The village permits zero lot line setbacks when walls are shared. |
2 | Applicants may bypass the minimum principal building stories requirement if approved under § 90-405.40(b). |
§ 90-130.50 Other regulations.
[Ord. No. 19-2020, 6-8-2020; amended 10-23-2023 by Ord. No. 23-2023; 4-22-2024 by Ord. No. 6-2024]
(a)
Article 400, Village-Wide Regulations, applies to all buildings and uses contained with the C zoning districts.
(b)
C-5 zoning decisions.
(1)
Supplemental information. Zoning Map amendments, site plan reviews, and zoning compliance permits for and within the C-5 District must include a development plan application with the following information:
a.
Operational plan.
1.
A written description of the nature of the proposed operation, including the type and amount of machinery and equipment to be used; the source, quantity and disposition of water to be used; and the nature of the proposed fill materials.
2.
A map showing existing contours, at vertical intervals of at least five feet, plus existing trees.
3.
The depth, by area, of any proposed excavations or filling.
4.
The proposed screening method, including earth berms, fences, and plantings.
5.
The drainage plan during the operations.
b.
Restoration plan.
1.
Proposed stages of excavation or filling by area.
2.
Estimated timetable for commencement and restoration.
3.
Proposed contours of the land after completion.
4.
General use plan, such as proposed roads and lots for future urban development, if so zoned.
5.
Depth of restored topsoil and location of proposed plantings or reforestation.
(2)
Performance guarantees. Performance guarantees, in the form of a surety bond or other such method acceptable to the Village Board and approved by the Village Attorney and the Plan Commission, upon the advice of the Village Engineer.
a.
The applicant, in designing his place of operation, shall consider operating in compact stages to minimize the required amount of performance guarantee in any one guarantee period.
b.
Such guarantees shall be for periods not to exceed two years, with renewals allowed. With each renewal, the Village Engineer shall advise the Village on the proper amount of guarantee to cover restoration of operations existing and proposed for the next period.
(3)
Rezoning decisions. In reviewing and acting on C-5 Zoning Map amendments, the Plan Commission and Village Board must consider:
a.
The proposed operation's effect on existing roads and traffic movement in adequacy, safety, and efficiency.
b.
The effect of the proposed operation on drainage and water supply and the possibility of soil erosion because of the proposed operation.
c.
Practical possibility of restoration of the site in keeping with probable land use after restoration.
§ 90-140.10 Districts established; descriptions.
[Ord. No. 19-2020, 6-8-2020]
(a)
Districts established. The Village's public zoning districts are listed in Table 90-140-1. When this zoning chapter refers to "public" zoning districts or "P" zoning districts, it is referring to these districts.
Table 90-140-1 Public (P) Districts | |
|---|---|
Symbol | District Name |
P-1 | Neighborhood-Scale |
P-2 | Campus-Scale |
(b)
Description. P Districts are primarily intended to accommodate public, quasi-public, civic and institutional uses, expressly including parks, open spaces and utility uses.
§ 90-140.20 P-1 District.
[Ord. No. 19-2020, 6-8-2020]
(a)
Purpose. The P-1 (Neighborhood-Scale) Public District is intended to accommodate small-scale, low-intensity public, civic, and institutional uses that are commonly found in or near residential neighborhoods.
(b)
Allowed uses. Uses are allowed in the P-1 District in accordance with the use regulations of Division 90-310.
(c)
Lot and building regulations. The lot width, building setback and building height regulations of the most restrictive abutting zoning district apply to P-1 zoned lots.
(d)
Other regulations. Development in P-1 Districts is subject to all other general development regulations of this zoning chapter, including parking, landscaping and other regulations of in Article 400.
§ 90-140.30 P-2 District.
[Ord. No. 19-2020, 6-8-2020]
(a)
Purpose. The P-2 (Campus-Scale) Public District is intended to accommodate development and expansion of large-scale and campus-type public, civic and institutional uses.
(b)
Allowed uses. Uses are allowed in the P-2 Districts in accordance with the use regulations of Division 90-310.
(c)
Development review.
(1)
Applicability. Unless otherwise expressly exempted, development review and approval is required before the issuance of any building or development permit in the P-2 District. To comply with the development review requirements of this section, applicants must submit and secure approval of an overall institutional master plan in accordance with the requirements of this section.
(2)
Exemptions. The following are exempt from the development review requirements of this section:
a.
Development that complies with a valid, approved institutional master plan;
b.
Interior building alterations if the alteration will not result in an increase in the number of employees or the creation of or need for additional parking spaces; and
c.
Exterior building modifications that will not result in an increase in the number of employees or the creation of or need for additional parking spaces.
(d)
Lot and building regulations.
(1)
Transitional areas. The size, location, and design of all buildings, structures, activity areas and other site improvements located within 100 feet of the boundary of any abutting R Zoning District, are subject to the lot width, building setback and building height regulations of the most restrictive abutting R District.
(2)
Interior site areas. Areas of a P-2 zoned lot located more than 100 feet from the boundary of an abutting R Zoning District are governed by the regulations approved at the time of institutional master plan approval. Institutional master plans must include the applicant's detailed description of the regulations proposed to be used.
(3)
Multiple principal building and uses. Multiple principal uses and buildings are allowed on a single lot in the P-2 District.
(e)
Institutional master plans.
(1)
Purpose. Institutional master plan requirements provide a framework for development of public, civic and institutional uses in campus-like settings. Approval of an institutional master plan is intended to protect the character and integrity of adjacent areas while allowing flexibility in site development and design that is not possible when development occurs on a lot-by-lot or building-by-building basis.
(2)
Planning area. An institutional master plan must include all land located within the proposed P-2 District and identify all land uses within the area extending out at least 200 feet from the P-2 District boundary.
(3)
Existing property and uses. The institutional master plan must include a description of land, buildings, and other structures occupied by the institution as of the date of submission of the institutional master plan. At a minimum, the following information must be required:
a.
Illustrative site plans showing the footprints of each building and structure, together with roads, sidewalks, parking, landscape features and other significant site improvements;
b.
Land and building uses;
c.
Gross floor area;
d.
Building heights;
e.
Landscaping and lighting; and
f.
Off-street parking and loading facilities.
(4)
Uses and development envelope. The institutional master plan must include a description of all proposed land uses to be allowed and the land area and development envelope within which future development will occur. The development envelope must be described in writing and through the use of drawings or models. The plan must include the following in describing the development envelope:
(5)
Transportation plan. The institutional master plan must include a study that identifies traffic and parking impacts associated with the proposed use and a plan for mitigation of transportation-related impacts, including consideration of motorized and nonmotorized travel.
(6)
Approval procedures. Institutional master plans require review and approval in accordance with the development plan procedures of Division 90-535.
§ 90-150.10 Districts established.
[Ord. No. 19-2020, 6-8-2020]
The Village's agricultural zoning districts are listed in Table 90-150-1. When this zoning chapter refers to "agricultural" zoning districts or "AG" zoning districts, it is referring to these districts.
Table 90-150-1 Agricultural (AG) Districts | |
|---|---|
Symbol | District Name |
AG-1 | Limited Agriculture |
AG-2 | General Agriculture |
§ 90-150.20 District descriptions.
[Ord. No. 19-2020, 6-8-2020]
(a)
General. Agricultural zoning districts are generally intended to accommodate farming, agricultural and traditional rural (principal and accessory) uses.
(b)
AG-1 Limited Agricultural District. The AG-1 District is primarily intended to accommodate small-scale, low-intensity farming, agricultural and traditional rural activities, including the keeping of a limited number of horses or farm animals.
(c)
AG-2 General Agricultural. The AG-2 District is primarily intended to accommodate full-scale farming and agricultural uses in areas where farming is to be encouraged and generally protected from encroachment by urban uses. The AG-1 District may also be applied in areas to prevent premature urban development where sewer, water and other infrastructure and service capacity is inadequate to safely accommodate such development.
§ 90-150.30 Allowed uses.
[Ord. No. 19-2020, 6-8-2020]
Uses are allowed in AG Districts in accordance with the use regulations of Division 90-310.
§ 90-150.40 Lot and building regulations.
[Ord. No. 19-2020, 6-8-2020]
Buildings in AG Districts are subject to compliance with the lot and building regulations of Table 90-150-2.
Table 90-150-2 AG District Lot and Building Regulations | |||
|---|---|---|---|
Regulation | AG-1 | AG-2 | |
(a) | Lot | ||
Maximum lot area (acres) | 19.99 | No maximum | |
Minimum lot area (acres) | 5 | 20 | |
| Minimum lot width (feet) | ||
Interior lot | 300 | 500 | |
Corner lot | 150 | 40 | |
Maximum building coverage (% of lot) | 25 | 55 | |
(b) | Principal Building Siting | ||
| Street setback (minimum; feet) | 25 | 25 |
| Driveway side (minimum; feet) | 12 | 12 |
| Nondriveway side (minimum; feet) | 8 | 8 |
| Rear (minimum; feet) | 25 | 25 |
(c) | Accessory Building Siting | ||
Allowed location | Allowed in rear yard only | ||
Side and rear setbacks (minimum; feet) | 10 | 10 | |
Building separation (minimum; feet) | 10 | 10 | |
(d) | Maximum Building Height | ||
| Principal building (feet) | 35 | 35 |
Accessory building (feet) | 24 | 24 | |
§ 90-150.50 Horses and farm animals.
[Ord. No. 19-2020, 6-8-2020]
See Division 90-340.
§ 90-150.60 Other regulations.
[Ord. No. 19-2020, 6-8-2020]
Buildings and uses in AG Districts are subject to all other applicable regulations of this zoning chapter, including the following:
(a)
Accessory uses and structures. See Division 90-330.
(b)
Parking. See Division 90-420.
(c)
Landscape and screening. See Division 90-430.
(d)
Signs. See Division 90-440.
(e)
Sewer service. The municipal sewer service provisions of § 90-410.10 expressly apply to properties in AG Districts.
(f)
Water service. Properties in AG Districts are exempt from the municipal water service provisions of § 90-410.20.
(g)
Building on vacant platted lots. Vacant lots that were platted and recorded before the effective date specified in § 90-10.30 may built upon in the AG District to accommodate a residential dwelling unit that is accessory to an agricultural use. Such lots may be built upon to accommodate a residential dwelling unit that is not accessory to an agricultural use only if all of the criteria are met:
(1)
The lot cannot be returned to agricultural use by virtue of damage done to the land as part of subdividing, or its remote accessibility to farming as a result of surrounding roads and housing;
(2)
The soils are suitable for on-site sewage disposal, as verified by the issuance of necessary Village and other required permits for such use; and
(3)
Information regarding Subsection (g)(1) and (2) of this section is presented to the Plan Commission for review, and the Plan Commission determines that the criteria are satisfied, and that there are no other reasons why the subject lot should not be built upon, including the widening or extending of highways, etc. The Plan Commission must indicate in its decision which district lot and building regulations should be applied to the allowed construction.
§ 90-155.10 Districts established.
[2-28-2022 by Ord. No. 07-2022]
The Village's conservancy zoning districts are listed in Table 90-155-1. When this Zoning Ordinance refers to "conservancy" zoning districts or "C" zoning districts, it is referring to these districts.
Table 90-155-1 Conservancy (C) Districts | |
|---|---|
Symbol | District Name |
C-1 | Lowland Resource Conservancy |
C-2 | Upland Resource Conservancy |
§ 90-155.20 C-1, Lowland resource conservancy district.
[2-28-2022 by Ord. No. 07-2022]
(a)
Purpose. The C-1 (Lowland Resource Conservancy) District is primarily intended to prevent destruction of valuable natural resources and to protect water courses and marshes including the shorelands of navigable waters, and areas that are not naturally drained, or that are subject to periodic flooding, where development would result in hazards to health or safety or would deplete or destroy natural resources or otherwise be incompatible with the general welfare.
(b)
Designation. For the purpose of determining which areas are to be located in the C-1 Lowland Resource Conservancy District, the Village is authorized to rely on information obtained from the Wisconsin Wetland Inventory maps, the Southeastern Wisconsin Regional Planning Commission (e.g., Environmental Corridor maps and Wetland maps), the Village of Mount Pleasant's Park and Open Space Plan, and other best data available.
(c)
Mapping disputes. Whenever a discrepancy exists regarding lands that have been included in the C-1 District due solely to the presence of wetlands, the Community Development Director is authorized to resolve the discrepancy based on best available data, including determinations provided by the Wisconsin Department of Natural Resources (DNR) or a wetland determination provided by the subject property owner.
(1)
If the property owner elects to prepare and submit a wetland determination for the subject property, the property owner must have a plat of survey prepared by a Wisconsin registered land surveyor. The plat of survey must show all property lines, structures on the subject parcel, and the location of actual wetland boundaries, as staked in the field. The plat of survey must be filed with the Community Development Director.
(2)
When the C-1 District boundaries are found to be in error, the Community Development Director is authorized to institute appropriate action to change the C-1 District boundaries on the Zoning Map to reflect actual site conditions. No fee is required from the subject property owner for this action.
(d)
Permitted uses.
(1)
The following uses are permitted by right in the C-1 District provided they do not involve filling, flooding, draining, dredging, ditching, tiling, or excavation:
a.
Park and recreation uses;
b.
Natural resource preservation uses;
c.
Minor utilities and public services;
d.
Crop agriculture and the keeping of horses, livestock and farm animals if (1) such uses and activities were in place on January 1, 2022, or (2) are located in areas designated as "prime agriculture" on the Comprehensive Plan's future land use map;
e.
The maintenance, repair, replacement or reconstruction of public improvements and infrastructure in existence on January 1, 2022;
f.
The construction of new public improvements and infrastructure when disturbance is minimized to the greatest practicable extent and approved by the Village Board through a plat or certified survey map; and
g.
Private hiking, fishing, trapping, hunting, swimming, and boating areas, unless otherwise prohibited by law.
(2)
The following uses, which may involve filling, flooding, draining, dredging, ditching, tiling, or excavation are also permitted by right in the C-1 District but only to the extent expressly stated:
a.
Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;
b.
The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible; and
c.
The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance.
(e)
Lot area. When a lot or parcel is located partially within a C-1 Lowland Resource Conservancy District and partially within an adjoining use district, that area of the lot or parcel in the C-1 District may not be used to meet the lot area requirement of the adjoining district where public sanitary sewerage facilities are available. When public sanitary sewerage facilities are not available, the area of the lot or parcel in the C-1 District may be used to meet the lot area requirement provided that at least 40,000 square feet is provided outside the C-1 District.
(f)
Buildings. No buildings are permitted in the C-1 District except those that are customary and accessory to a permitted principal use.
(g)
Wells and on-site sewage disposal systems. On-site, soil absorption sanitary sewage disposal systems, holding tanks, and privates well used to obtain water for human consumption are prohibited in the C-1 Lowland Resource Conservancy District.
(h)
Platting subdivisions. When platting new subdivisions, every effort must be made to contain C-1-zoned lands in outlots to be owned and controlled by a property owners' association or land trust. The Village is also authorized to accept public dedication of such land if identified on the Parks and Open Space Plan or other approved village plan.
§ 90-155.30 C-2, Upland resource conservancy district.
[2-28-2022 by Ord. No. 07-2022]
(a)
Purpose. The C-2 (Upland Resource Conservancy) District is primarily intended to preserve, protect, enhance and restore all significant woodlands, areas of significant topography, and related scenic resources. Regulation of these areas serves to control erosion and sedimentation and will promote and maintain the natural beauty of the Village.
(b)
Permitted uses. The following principal uses are permitted by right in the C-2 District:
(1)
Park and recreation uses;
(2)
Natural resource preservation uses;
(3)
Minor utilities and public services;
(4)
The maintenance, repair, replacement or reconstruction of existing public improvements and infrastructure;
(5)
The construction of new public improvements and infrastructure when disturbance is minimized to the greatest practicable extent and approved by the village board through a plat or certified survey map;
(6)
Private hunting and fishing areas;
(7)
Wind energy conversion systems; and
(8)
Household living (in one detached house).
(c)
Accessory uses. The following uses and activities are expressly allowed as accessory uses in the C-2 District:
(d)
Lot and building regulations. Buildings in the C-1 District are subject to compliance with the lot and building regulations of Table 90-155-2.
Table 90-155-2 C-2, Upland Conservancy District Lot and Building Regulations | ||
|---|---|---|
Regulation | C-2 | |
(a) | Lot | |
Minimum lot area (acres) | 5 | |
Minimum street frontage/lot width (feet) | 3001 | |
(b) | Principal building siting/coverage | |
Street setback (min, feet) | ||
Federal, state and county trunk highway | 65 | |
Other streets | 40 | |
Side setback (min, feet) | 25 | |
Rear setback (min, feet) | 50 | |
Navigable waters setback (min, feet) | 75 | |
Maximum building coverage (% of lot) | 2.5 | |
(c) | Maximum building height | |
Principal building (feet) | 35 | |
Accessory building (feet) | 24 | |
NOTE: | |
1 | Minimum street frontage on cul-de-sac or similar curving street is reduced to 150 feet, provided that there is at least 300 feet of lot width at the required street setback line. |
(e)
Residential dwelling units. All residential dwellings must be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of at least 24 feet in width for at least 50% of its length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches.
§ 90-160.10 PD District.
[Ord. No. 19-2020, 6-8-2020; amended 6-9-2025 by Ord. No. 9-2025]
(a)
Legacy district status.
(1)
Land classified in a PD Zoning District on the effective date specified in § 90-10.30 will continue to be classified in the PD District until it is rezoned at the request of the property owner or through a Village-initiated rezoning.
(2)
No applications to establish new PD Zoning Districts or to expand the boundaries of existing PD Zoning Districts may be accepted for processing after the effective date specified in § 90-10.30, except that PD rezoning applications that were in process on the effective date specified in § 90-10.30 may continue to be processed and may be approved. (See the transitional provisions of § 90-10.110.)
(3)
The PD Zoning District regulations of this section and all applicable conditions of approval of the (formerly) approved PD plans govern the use and development of PD zoned areas.
(b)
District regulations.
(1)
Permitted uses. Uses permitted by-right in the PD District include all uses and structures existing on the effective date specified in § 90-10.30, including the right to repair and maintain such uses and structures, except that all proposed remodeling, additions, new principal or accessory structures, or changes of use require conditional use approval in accordance with Division 90-550.
(2)
Conditional uses. Uses allowed through the conditional use approval process include all continuations of uses existing on the effective date specified in § 90-10.30 involving remodeling, additions or new construction of structures, and all changes of use from those existing on the effective date specified in § 90-10.30.
(4)
Application of regulations. In addition to the uses permitted in the underlying district, any other use may be permitted as designated in this section for the PD District, consistent with the regulations of this section. Individual uses and structures in a planned development district need not comply with the specific lot and building regulations of the underlying base zoning district, provided that the spirit and intent of such requirements are complied with in the total development plan for such project, consistent with the regulations of this section.
(c)
Procedures for approval.
(1)
Before officially submitting an application, the applicant must meet with the Plan Commission for a preliminary discussion as to the scope and proposed nature of the contemplated development, especially as it relates to the applicant's intentions to submit a general or detailed application.
(2)
Following the preapplication conference, an application for PD Zoning Map amendment may be made to the Clerk-Treasurer by the owner or agent of the property proposed for such development. The application must be accompanied by the fee that has been established by the Village and the following information, in appropriate detail as to the type of approval (general or detailed) desired:
a.
A statement describing the general character of the intended development and the desirability of applying the requirements of this district rather than those ordinarily applicable through basic zoning. The statement should at least include:
1.
Statistical data on the total size of the project area, open space area, residential density computation and proposed number of units, population analysis, market analysis, economic analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
2.
A general summary of financial factors, such as the value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price and total anticipated development cost of the project.
3.
General outline of the intended organizational structure related to the property owner's association, deed restrictions and provision of private services.
b.
A general development plan and related maps and plans, including descriptive statements of objectives, principles and standards used on its formulation of the project, showing at least the following information as may be required by the Plan Commission and Village Board to apply the criteria for approval as set forth in this section:
1.
An accurate map of the project area, including its relationship to surrounding properties.
2.
The pattern of public and private roads, driveways, parking facilities and intended design standards.
3.
The size, arrangement and location of lots or proposed building groups.
4.
The location of recreational and open space areas and areas reserved or dedicated for public uses, such as a school, park, etc.
5.
The type, size and location of structures.
6.
General landscape treatment.
7.
Architectural drawings and sketches illustrating the design and character of the proposed structures.
8.
The location of sanitary sewer and water facilities.
9.
Existing topography and storm drainage pattern and the proposed storm drainage system showing basic topographic changes.
(3)
The petition must be referred to the Plan Commission and processed as a zoning change. Upon completion of the necessary study and investigation, the Plan Commission must make its recommendation to the Village Board as to the appropriateness and desirability of the application of the PD District as it relates to the suitability of the building, site and development plans and any additional conditions which it may feel necessary or appropriate.
(4)
Upon receipt of the Plan Commission's recommendation, the Village Board, before taking affirmative action to approve such petition, must hold a public hearing pursuant to statutory provisions for zoning amendments. Notice for such hearing must include reference to the consideration of the proposed project development plans coincident with the requested zoning change.
(d)
Review and approval criteria. The Plan Commission in making its recommendations, and the Village Board in making its decision, must consider and determine that:
(1)
The proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period of time following the approval of the project and requested overlay of the PD District, and that the development will be carried out according to a reasonable construction schedule which is satisfactory to the Village.
(2)
The proposed development is consistent in all respects with the purpose of this section and with the spirit and intent of this chapter; is in conformity with the general plans for community development; would not be contrary to the general welfare and economic prosperity of the Village or the immediate neighborhood; the specific development plans have been prepared with competent professional advice and guidance; and the benefits and improved design of the resultant development justifies the variation from the normal requirements of this chapter through the application of the PD District.
(3)
In the case of proposed residential developments:
a.
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the neighborhood.
b.
The total average residential density of the project will be compatible with the general plan.
1.
Where the land is in the Urban Holding District, the average residential density allowable is the average as specified in the adopted general plan or in the adopted neighborhood plan for the subject site.
2.
For specific project density, computation where the land is partly or entirely in a basic residential development district, the project area must be measured to include all of the land, exclusive of existing public rights-of-way or public open space easements. The allowable maximum density must be computed separately for each existing basic district which applies to the project area, except for industrial, wetland-floodplain and agricultural districts. The density must be computed by multiplying the area in each such district by the percentage factor given in Table 90-160-1, and then dividing the result by the number of square feet per family as required by the district. The total allowable density for the project is the sum of such individual computations. If the project includes wetlands or floodplains, the maximum density may be increased by the percentage of such land, but no more than 40%.
Table 90-160-1 PD District Density | ||
|---|---|---|
District | Percentage | Lot Area per Dwelling Unit (square feet) |
RE | 100 | 1 |
RL | 90 | 12,000 |
RL | 85 | 9,000 |
RL | 80 | 7,200 |
RL | 75 | 6,000 |
RL | 90 | 6,000 |
RL | 85 | 4,500 |
RL | 80 | 3,600 |
RL | 75 | 3,000 |
RN | 100 | 3,600 |
RM | 100 | 2,700 |
RM-3 | 100 | 1,500 |
RH | 100 | 1,000 |
B-1 | 100 | 2,700 |
B-2 | 100 | 2,700 |
B-3 | 100 | 2,700 |
NOTE: | |
1 | As determined in the adopted general or neighborhood plan. |
3.
An increase in the allowable maximum density, not to exceed 10%, may be permitted upon recommendation of the Plan Commission, and the increased density is justified in terms of the relationship to open areas, service demand and the total quality and character of the project.
4.
The population composition of the development will not result in adverse effects from that anticipated in the general plan upon the community's capacity to provide needed school or other municipal service facilities.
5.
An adequate guarantee is provided for permanent retention as open area of open land area resulting from the application of the regulations of this section, either by private reservation or by dedication to the public.
(4)
In the case of proposed commercial developments:
a.
The economic practicality of the proposed development can be justified on the basis of purchasing potential competitive relationship and demonstrated tenant interest.
b.
The proposed development will be adequately served by off-street parking and truck service facilities.
c.
Locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and the development will not create an adverse effect on the general traffic pattern of the area.
d.
The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with, and not adversely affecting, the property values of the surrounding neighborhood.
(5)
In the case of proposed industrial developments:
a.
The operational character, physical plan arrangement and architectural design of buildings will be compatible with the latest in performance standards and industrial development design, and will not result in an adverse effect upon the property values of the surrounding neighborhood.
b.
The proposed development will have adequate provision for off-street parking and truck service areas, and will be adequately served by rail or highway facilities.
c.
The proposed development is properly related to the total transportation system of the Village and will not result in an adverse effect on the safety and efficiency of the public streets.
(6)
In the case of mixed developments:
a.
The proposed mixture of uses produces a unified composite which is compatible within itself and which, as a total development entity, is compatible with the surrounding neighborhood and consistent with the general objectives of the general plan.
b.
Various types of uses conform to the general requirements as set forth in this section which are applicable to projects of such character.
c.
Allowable maximum residential density must be computed in the same manner as provided in Subsection (d)(3)b2 of this section. Such figure must then be reduced by the percentage which any nonresidential use, landscaped area, pedestrian malls or other areas which, in the opinion of the Plan Commission, contribute to the enhancement of the total project environment which may be excluded. The resulting allowable maximum density may be increased by the addition of residential units located in the same building with a nonresidential use, on the basis of one dwelling unit for each 3,600 square feet of nonresidential use area excluded from the normal density computation.
(e)
Final decisionmaking.
(1)
The Village Board, after due consideration, may deny the petition as submitted, approve the petition or approve the petition subject to additional conditions.
(2)
The general or detailed approval of a petition and consequent amending of the Zoning Map must be based on and include conditions to the building, site and operational plans for the development as approved by the Village Board.
a.
General approval. Plans submitted for such approval need not necessarily be completely detailed at the time of overlay zoning, provided that they are of sufficient detail to satisfy the Plan Commission and Village Board as to the general character, scope and appearance of the proposed development. Such preliminary plan must at least designate the pattern of proposed streets; the size and arrangement of lots as in the preliminary platting process, which may indeed also be involved; the basic pattern of land use; and illustrate a typical example of the development proposed. The approval of such preliminary plan must be conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses so that all detailed approvals are complete before an occupancy certificate is required.
b.
Detailed approval. Plans submitted for detailed approval must be sufficiently precise so that all required information is identified, and that any approvals given are all that would be necessary prior to issuance of a zoning permit.
(3)
Any subsequent change or addition to the plans or use must first be submitted to the Plan Commission for approval and if, in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Village Board is required in accordance with the Zoning Map amendment procedures of this zoning chapter.
§ 90-170.10 Purpose and intent.
[Ord. No. 19-2020, 6-8-2020]
The MPD (Master Plan Development) District is established to accommodate development that would be difficult or impossible to carry out under otherwise applicable zoning regulations. Different types of MPDs will promote different planning goals. In general, however, all MPDs are intended to result in development that is consistent with the Village's adopted plans and that provides greater public benefits than could be achieved using conventional zoning regulations. MPDs are also generally intended to promote one or more of the following:
(a)
Variety in housing types and sizes to accommodate households of all ages, sizes, incomes and lifestyle choices;
(b)
Compact, mixed-use development patterns where residential, commercial, employment, civic, and open space areas are located in close proximity to one another;
(c)
A transportation network designed to accommodate safe and efficient motorized and nonmotorized travel;
(d)
Direct, safe and convenient nonmotorized travel routes within the boundaries of the development site, as well as connections to abutting properties;
(e)
Buildings and other improvements that by their arrangement, massing, design, character and site design elements establish a quality, livable environment;
(f)
Sustainable development practices;
(g)
Incorporation of open space amenities and natural resource features into the development design;
(h)
Low-impact development (LID) and best management practices for managing stormwater; and
(i)
Flexibility and creativity in responding to changing social, economic and market conditions.
§ 90-170.20 Initiation of amendment.
[Ord. No. 19-2020, 6-8-2020]
Applications to establish an MPD District or expand the boundaries of an existing MPD District may be initiated only by the owner of the subject property or the owner's agent.
§ 90-170.30 Statement of intent.
[Ord. No. 19-2020, 6-8-2020]
Each MPD application must include a written explanation describing how the proposed development meets the purpose and intent described in § 90-170.10 and the supplemental review and approval criteria of § 90-170.40(b).
§ 90-170.40 Approval procedures.
[Ord. No. 19-2020, 6-8-2020]
(a)
Overview of required approval process.
(1)
A property owner request for rezoning to the MPD Zoning District requires review and approval of a Zoning Map amendment (See Division 90-530.), which is processed concurrently with a development plan. (See Division 90-535.)
(2)
After approval of the Zoning Map amendment and development plan, site plan review and approval is required in accordance with the procedures of Division 90-540.
(3)
No building permit may be issued and no building or development may occur in an MPD Zoning District until a zoning compliance determination has been issued.
(b)
Supplemental review and approval criteria. In making recommendations and decisions on MPD District Zoning Map amendments, review and decisionmaking bodies must consider the Zoning Map amendment criteria of § 90-530.80 and the following factors:
(1)
Whether the proposed master planned development is consistent with the Comprehensive Plan and any other adopted plans for the subject area;
(2)
Whether the development plan complies with the MPD District provisions of this division;
(3)
Whether the development will result in public benefits that are equal to or greater than those that would have resulted from development under conventional zoning (non-MPD) regulations; and
(4)
Whether appropriate terms and conditions have been imposed on the approval to protect the interests of surrounding property owners and residents, existing and future residents of the MPD and the general public.
(c)
Restrictive covenants. No building permit may be issued, and no building or development may occur in an MPD District until covenants necessary to reasonably ensure continued compliance with the approved development plan are recorded in the County Clerk's office. Such covenants may be established in a subdivision plat or in a separately recorded legal instrument. In order that the public interest may be protected, the Village of Mount Pleasant must be made beneficiary of the covenants pertaining to such matters as location of uses, height of structure, setbacks, screening, and access. Such covenants must provide that the Village of Mount Pleasant may enforce compliance of the covenants, and further provide that amendment of the covenants requires Village Board approval and the filing of record of a written amendment to covenants, endorsed by the Plan Commission.
(d)
Issuance of building permits. Building permits may be issued only after a zoning compliance determination has been issued and covenants have been recorded. Any permits issued must be in accordance with the approved development plan.
§ 90-170.50 Abandonment.
[Ord. No. 19-2020, 6-8-2020]
Abandonment of an approved MPD requires that the property be rezoned to another zoning district in accordance with the Zoning Map amendment procedures or that a new MPD be approved following the procedures of § 90-170.40.
§ 90-170.60 Use regulations and lot and building standards.
[Ord. No. 19-2020, 6-8-2020]
The use regulations and lot and building standards that apply within an MPD Zoning District must be established at the time of development plan approval by the Village Board.
§ 90-170.70 Other development regulations and standards.
[Ord. No. 19-2020, 6-8-2020]
Unless otherwise expressly provided in the approved development plan, properties within the MPD District are subject to all other applicable provisions of this zoning chapter and the subdivision regulations.[1] The MPD District is expressly intended to accommodate the use of alternative standards for streets and other public improvements based on the approved development plans. The development plan must specify the deviations proposed from otherwise applicable public improvement standards if deviations from otherwise applicable standards are proposed.