Negaunee City Zoning Code
PLANNED UNIT
DEVELOPMENT
§ 156.080 INTENT.
To permit greater flexibility in the use and design of structures and land in situations where modifications of specific provisions of this subchapter 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.
(Prior Code, § 1281.01) (Ord. passed 11-12-2009)
§ 156.081 ELIGIBILITY.
In order to be approved by the Planning Commission, a proposed planned unit development shall:
(A) On parcels at least two acres in size:
(1) Provide for open space and preservation of natural features; clustered development and similar design methods are encouraged;
(2) Minimize the amount of impervious surfaces created; and
(3) 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. Arrangements of buildings shall be done in such a way to utilize natural topography, existing vegetation, and views within and beyond the site.
(B) On parcels over ten acres in size:
(1) Provide for open space and the preservation of natural features;
(2) Minimize the amount of new impervious surfaces created. The developer shall take into consideration the impact of the size and location of existing impervious surfaces when proposing new impervious surfaces; and
(3) Arrangements of proposed buildings shall be done in such a way to utilize natural topography, existing vegetation, and views within and beyond the site.
(Prior Code, § 1281.02) (Ord. passed 11-12-2009)
§ 156.082 APPLICATION AND MODIFICATION POWERS.
(A) The applicant shall submit an application to the Planning Commission in accordance with the procedures set forth herein.
(B) 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. The provisions of this subchapter shall be applied to the existing zoning district, as defined on the zoning map, where the PUD is to be located.
(Prior Code, § 1281.03) (Ord. passed 11-12-2009)
§ 156.083 PRELIMINARY CONFERENCE.
Prior to preparing a formal application, the applicant shall meet with the Zoning Administrator to discuss the proposed development and application procedures. No decision regarding any proposed PUD is to be established at this conference.
(Prior Code, § 1281.04) (Ord. passed 11-12-2009)
§ 156.084 PRELIMINARY APPLICATION.
(A) (1) Following the preliminary conference, the applicant shall prepare and submit 12 copies of a preliminary application which consists of the following written and graphic documents, together with any fee(s) which have been imposed by the City Council.
(2) A written description of the proposed PUD, including:
(a) How the proposed PUD is consistent with the intent of this subchapter, and with the eligibility criteria in § 156.081;
(b) A statement identifying all intended uses, including future sales or leasing arrangements of all or portions of the proposed PUD;
(c) A legal description of the proposed PUD parcel;
(d) A listing of all owners, holders of easements, and other interested parties; and
(e) 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. Non-residential proposals shall include an indication of the number of employees, number of floors, and estimated usable floor area.
(B) A preliminary site plan shall be provided on 12 identical copies on one or more sheets, at a scale adequate to illustrate the proposed activity, and shall include the following information. If the preliminary site plan has been prepared in digital format (.dwg, .dxf, and the like), a copy shall be provided to the city:
(1) The legal description and street address of the lot(s);
(2) The name, address and telephone number of the owner, developer, and/or designer;
(3) An area location map, the proposed use, zoning of adjacent parcels, and existing zoning classification;
(4) Drawing date and revision date;
(5) North arrow and scale;
(6) The actual dimensions of the lot(s) as shown with a signature by a licensed surveyor, engineer, architect, or registered landscape architect, with survey stakes visible. The requirement for a survey may be waived if building dimensions will not change as a result of the proposed activity;
(7) The relationship of the subject lot(s) to abutting properties;
(8) Depiction of all existing structures, including signs, on the subject lot(s) shown to scale;
(9) The dimensions of all proposed structures on the subject lot(s), including location, finished floor area, exterior buildings elevations, and height of proposed buildings;
(10) Distances between existing structures and proposed structures on the subject lot(s) and distance between lot lines and proposed structures;
(11) Use of all existing or proposed structures on the subject lot(s);
(12) The location of all proposed fences and planting screens or other buffers;
(13) The location and right-of-way widths of all streets, alleys, private road easements, and/or railroads located within or abutting the subject lot(s);
(14) Named streets should be labeled;
(15) The location of all existing and proposed ingress/egress points, sidewalks, driveways, and parking areas on the subject lot(s);
(16) The locations of existing ingress/egress points, driveways, streets, alleys, and/or railroads within 300 feet of the boundaries of the subject lot(s);
(17) The size and location of all existing and proposed public and private utilities;
(18) The location of natural features affecting development, such as rock outcrops, water, wetlands, and the like;
(19) The location of existing and proposed surface water impoundments and surface water drainage patterns;
(20) The location and extent of all planned earth movement;
(21) The location of areas on the parcel that will be utilized for the storage of snow and the resulting anticipated drainage patterns that will result from the melting snow;
(22) The location of proposed lighting and the direction of the illumination;
(23) The locations, sizes, and materials to be used for trash receptacle areas and methods of screening said areas;
(24) Recreation areas and trails;
(25) Any other information necessary, in the opinion of the Zoning Administrator, to establish compliance with the provisions of this subchapter or any other applicable ordinances; and
(26) 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 ensure PUD development.
(Prior Code, § 1281.05) (Ord. passed 11-12-2009)
§ 156.085 WAIVER OF FINAL APPLICATION.
The applicant may request that the requirement 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 §§ 156.084 and 156.087 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.
(Prior Code, § 1281.06) (Ord. passed 11-12-2009)
§ 156.086 APPROVAL OF APPLICATION.
(A) Within 60 days of the Zoning Administrator’s receipt of the complete preliminary application the Planning Commission shall hold a public hearing in accordance with the requirements of this subchapter to review the preliminary application. In making its review of any portion of the PUD preliminary application, the Planning Commission shall determine whether the proposed PUD is consistent with the standards outlined in §§ 156.089 and 156.065 and other relevant provisions of this subchapter. 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.
(B) Approval of the preliminary application does not constitute recording of the plan nor authorize the issuance of building permits.
(C) Within a maximum of nine 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 up to six months. If the applicant fails to apply for the final application for any reason, approval or conditional approval shall be revoked.
(Prior Code, § 1281.07) (Ord. passed 11-12-2009)
§ 156.087 FINAL APPLICATION.
(A) Following approval or approval with conditions of the preliminary application, the applicant shall prepare and submit 12 copies of a final application which shall include:
(1) 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;
(2) Signed copies of any preliminary plats, in accordance with the Land Division Act (Public Act 288 of 1967, as amended);
(3) A detailed development time schedule;
(4) Deed restrictions or covenants of the parcel; and
(5) Any other plans, documentation, or specifications, as the Planning Commission may require to ensure 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 ensuring adequate financing for public utilities and/or services.
(B) The Planning Commission shall hold a second public hearing within 30 days of the Zoning Administrator’s receipt of the complete final application, 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.
(Prior Code, § 1281.08) (Ord. passed 11-12-2009)
§ 156.088 AUTHORIZATION AND ISSUANCE OF SPECIAL LAND USE PERMIT.
(A) Where the Planning Commission determines that the final application is consistent with this subchapter and other requirements thereof, and is in proper form for recording, it shall authorize a PUD special land use permit for development and use in accordance with the final accepted development plan. The PUD special land use permit shall be issued on the condition that construction will be commenced within 12 months of the date of issue. Authorizing the PUD special land use permit shall not obligate the Planning Commission or the City Council to enforce any deed restrictions or covenants of the development parcel.
(B) The PUD special land use permit shall be issued following evidence of recording of the PUD final development plan with the county’s Register of Deeds.
(Prior Code, § 1281.09) (Ord. passed 11-12-2009)
§ 156.089 PLANNED UNIT DEVELOPMENT STANDARDS.
All preliminary and final applications shall be evaluated with respect to the following standards.
(A) 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 subchapter 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 subchapter.
(B) 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. 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. Non-motorized facilities shall be properly integrated with the existing and proposed circulation system as established on the official map and/or master plan.
(C) Sidewalks. For areas of residential development and significant pedestrian use, all streets and roadways within the PUD shall have a sidewalk at least five feet in width on at least one side of the street or roadway, unless otherwise excluded by the Planning Commission.
(D) Off-street parking. Parking convenient to all dwelling units and other uses shall be provided. Common driveways, parking areas, walks, or steps may be required together with appropriate lighting deemed by the Planning Commission, in order to ensure 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. Safe and convenient facilities for parking non-motorized vehicles shall be included in the development of the site, unless otherwise excluded by the Planning Commission.
(E) 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.
(F) Privacy. Each development shall provide visual and acoustical privacy or provide for spatial separation for dwelling units. Fences, walks, barriers, and landscaping or open space shall be used for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise. The Planning Commission has the right to deem what is reasonable in these situations.
(G) Off-street parking. Parking convenient to all dwelling units and other uses shall be provided. Common driveways, parking areas, walks, or steps may be required together with appropriate lighting deemed by the Planning Commission, in order to ensure 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.
(H) Utilities. PUDs shall provide for the cost effective and necessary installation of utilities (including, water, wastewater, cable television, electricity, natural gas, and telephone). In certain circumstances due to safety and/or aesthetics, the Planning Commission may require the installation of utilities underground. In no instance shall the PUD place demands in excess of the capabilities of the affected public facilities and services.
(I) 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 where deemed appropriate and necessary for privacy, shade, beauty of buildings and grounds, and to screen out objectionable features. Plant materials used shall be appropriate for the function they are to serve (i.e., parking lot trees or landscaping located along the roadway need to be large and hearty enough to survive the harsh environment and plantings for screening shall provide adequate buffer). Salt-tolerant species shall be planted near roadways and parking lots. Landscaping shall not block the views at intersections.
(J) Lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so than it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.
(K) Drainage. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or nearby bodies of water. Provisions shall be made to accommodate storm water, prevent erosion, and the formation of dust. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water.
(L) Screening. All loading and unloading areas and outside storage areas, including refuse storage stations, shall be screened from view.
(M) The PUD. The PUD shall be consistent with the standards outlined in § 156.065 and other relevant provisions of this subchapter.
(Prior Code, § 1281.10) (Ord. passed 7-9-2020)
§ 156.090 CHANGES IN APPROVED PUD.
(A) 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.
(B) Changes which 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 may be authorized by the Planning Commission following a public hearing. The public hearing notice shall be published not less than 15 days prior to the public hearing, in accordance with § 156.066(C).
(C) Changes which are approved must be made and recorded in accordance with the procedures established for the recording of the initial final development plan.
(Prior Code, § 1281.11) (Ord. passed 11-12-2009)