Northville Charter Township
City Zoning Code
City Zoning Code
ARTICLE 20
Development Options
[Amended 12-15-2011; 4-19-2012; 6-16-2016]
§ 170-20.1 Intent.
The intent of this article is to provide alternative development options, to produce development that is substantially consistent with the standards of this chapter and the Master Plan while allowing flexibility of land development regulations and innovative land use in terms of variety, layout and product.
§ 170-20.2 PUD options.
A.
Active adult community (AAC): a unified age-targeted residential development option containing detached or duplex homes whose product is targeted toward people over the age of 55, but not explicitly age-restricted; due to smaller floor plans than a traditional home, the master bedroom and primary living quarters are located on the first floor, and it offers low-maintenance living with community amenities.
B.
Open space community (OSC): a unified residential development option in which dwelling units are planned in a more-compact arrangement than a conventional subdivision and the project is designed to preserve natural features and provide open space/recreation areas.
C.
Mixed-use planned unit development (PUD): a unified mixed-use development option consisting of uses contained in two or more zoning districts. At least one of the uses shall be nonresidential.
§ 170-20.3 Qualifications.
To qualify for an AAC, OSC or PUD, all of the following conditions must be met:
A.
The development shall result in a benefit to residents of the Township or the users of the site which would not otherwise be available utilizing the existing zoning classification.
B.
The development shall provide a land use or residential product that is desired or not currently available in the Township.
C.
The site can be adequately served by public water, sanitary sewer and storm sewer service.
D.
Open space shall be provided as a project or Township-wide benefit.
E.
Preservation of significant assets, such as wooded areas, regulated trees, topography, view sheds, natural drainage, water bodies, floodplains or wetlands, that might otherwise be negatively impacted if the site was developed utilizing conventional zoning.
F.
A continuous pedestrian circulation system that links all areas of the development and the development to other destinations in the surrounding area.
G.
Compatibility with adjacent land uses.
H.
The development does not result in a significant increased demand on public facilities or services, such as police and fire, schools, recreation, traffic operations and utilities, beyond the expected impacts associated with development permitted by the underlying zoning classification, unless such impacts are mitigated.
§ 170-20.4 Design standards for AACs, OSCs and PUDs.
A.
To encourage flexibility and creativity consistent with the intent of this article, the Township may permit specific departures from the design and supplemental standards when the deviation will result in a more-creative or -desirable layout than would be possible using the standards contained herein.
B.
The width of the greenbelt along perimeter roads shall be an average of 50 feet wide, minimum 35 feet.
C.
Improvements to existing streets may be required to mitigate the impacts of the project traffic, based on the traffic impact study required per Article 32, Impact Assessment.
D.
All utility services shall be underground.
E.
The development shall contain high-quality design and cohesion in terms of building facades, building materials, landscape treatments, screening and signage.
F.
A buffer shall be provided when a project abuts a single-family residential district/use or any other location where the Township determines that a buffer will reduce impacts to adjacent properties. The buffer shall consist of one or more of the following conditions:
(1)
Lots or setbacks abutting established residential areas shall be similar in size to adjacent residential development.
(2)
A fifty-foot setback consisting of woodlands, natural features or a landscaped area.
(3)
Difference in topography.
G.
Architectural design.
(1)
Buildings shall be harmonious with adjacent uses in terms of texture, materials, rooflines, scale and massing.
(2)
Unifying design elements, such as accents, style, color and/or materials, shall be provided for each use within the project.
(3)
For nonresidential buildings, the primary material shall be brick or stone. Metal roof systems may be permitted when it is determined by the Township that they are appropriate in character and context of the proposed development and adjacent uses.
(4)
For residential buildings, materials shall be high quality and appropriate in character and context of the proposed development and adjacent residential communities. Primary materials shall include natural brick, stone, wood lap or shingle siding with architectural shingles or metal roof systems. Alternate materials of a composite or synthetic nature emulating the materials above, excluding vinyl or metal lap siding or trim, may be accepted by the Township.
H.
Residential units.
(1)
At least 80% of detached residential units, and 50% of attached residential units, shall have side-entry, rear-entry or detached garages.
(2)
Attached front-facing garages shall incorporate design elements that diminish the appearance of the garage.
(3)
Attached front-facing garages shall be recessed a minimum of five feet behind the front building line and be limited in width to two vehicles per unit.
(4)
Building elevations, colors, materials and setbacks shall be varied. Identical or similar elevations, in terms of building mass and form, may not be repeated more frequently than every sixth house along the same side of any street.
I.
Density.
(1)
A density bonus up to 10% may be awarded for residential developments that provide one or more of the following. The amount of density bonus shall be determined by the Township based on the extent to which the project provides the following elements:
(a)
The amount of open space and depth of the greenbelt exceeds minimum Township standards and the additional open space or greenbelt is a benefit to the development or the Township.
(b)
Usable land is dedicated to the Township. The land shall fulfill a demonstrated need, provide a connection to a Township park or open space, have historic value or exhibit other beneficial qualities as determined by the Township. The land to be donated must be free of environmental hazards and liens and configured to accommodate the types of uses anticipated by the Township. A survey of the property and title insurance shall be provided to the Township.
(c)
The development will provide a range of housing opportunities through varied housing types, dwelling sizes and lot sizes within a single neighborhood.
(d)
The neighborhood shall be designed to create clusters of housing, synergy and promote interaction.
(e)
Existing buildings that are of historic significance are retained and rehabilitated for adaptive reuse. Provisions for ongoing maintenance must be included in the development agreement.
J.
Open space.
(1)
Open space shall be designed to achieve the following, as applicable on a site-by-site basis:
(a)
Organized around the site's most important natural features, a physical design element or to link existing and planned open spaces.
(b)
Provide pedestrian pathways within the open spaces and link with adjacent open spaces, public parks, Township facilities or existing and planned nonmotorized routes.
(c)
Provide areas for active public recreation, informal spontaneous recreation or passive recreation amenities for the benefit of residents or users of the development.
(d)
Preserve or create a buffer from adjacent land uses.
(e)
Be highly visible within the development and/or from public view.
(2)
Open space standards.
(a)
A minimum of 20% of the site's gross area shall be dedicated to common open space, except duplex and multiple-family residential products shall require a minimum of 25% open space.
(b)
A golf course, including its stormwater facilities, shall not account for more than 50% of the required open space.
(c)
Lakes, streams, detention ponds, other surface water bodies or wetlands regulated by the Michigan Department of Environmental Quality shall not account for more than 25% of required open space.
(d)
At least 50% of the open space must be usable, exclusive of permitted water bodies, stormwater facilities or other required site plan elements.
(e)
Additional greenbelt width may be credited towards the open space standards.
(f)
The following shall not count as required open space:
[1]
Areas within an existing or future public street right-of-way, private road easements or overhead utility lines.
[2]
Required setbacks or spacing between buildings.
[3]
Parking and loading areas, except those associated with a recreation facility or common open space.
[4]
Other undeveloped areas not specifically addressed in this article but which do not fulfill the intent of open space as determined by the Township.
(3)
Protection of open space. The dedicated open space shall be set aside by the developer through an irrevocable conveyance and protected by a maintenance agreement, in a form and manner acceptable to the Township. Such conveyance shall assure the open space will be protected and used as intended on the concept plan. Said documents shall bind all successors and future owners in fee title to commitments made as part of the proposal but shall allow transfer of ownership and control to a subdivision or condominium association consisting of residents within the development, provided notice of such transfer is provided to the Township. Such conveyance shall indicate the allowable use(s) within the dedicated open space. Upon transfer to a successor of the developer, the open space shall be maintained by the property owners' association or condominium association. The Township may require the inclusion of open space restrictions to prohibit activities such as the following:
(a)
Dumping or storing of any material or refuse.
(b)
Activity that may cause risk of soil erosion or threaten plant material.
(c)
Cutting or removal of plant material, except for removal of dying or diseased vegetation.
(d)
Use of motorized off-road vehicles.
(e)
Cutting, filling or removal of vegetation from wetland areas.
(f)
Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.
§ 170-20.5 Supplemental standards for active adult community projects (AAC).
A.
Permitted uses:
(1)
Detached single-family.
(2)
Duplexes.
B.
Design and dimensional standards.
(1)
Garages.
(a)
Buildings with front-facing garages may be permitted upon approval of the Township, provided the architectural design minimizes the appearance of the garage element.
(b)
The width of front-facing garages shall not exceed two cars.
(2)
Detached single-family.
(a)
If there is an attached front-facing garage, it shall be set back a minimum of 25 feet from the sidewalk or curb (in the absence of a sidewalk).
(b)
The front plane of the building, excluding a front-facing garage, may be set back a minimum of 20 feet from the sidewalk or curb (in the absence of a sidewalk).
(c)
Minimum 20 feet between units.
(d)
Minimum 50 feet side yard to rear yard.
(e)
Minimum 70 feet rear yard to rear yard.
(f)
Decks and patios may encroach 12 feet into required spacing between units, when located on the back of the building.
(3)
Duplexes.
(a)
If there is an attached front-facing garage, it shall be set back a minimum of 35 feet from the sidewalk or curb (in the absence of a sidewalk).
(b)
The front plane of the building, excluding a front-facing garage, may be set back a minimum of 30 feet from the sidewalk or curb (in the absence of a sidewalk).
(c)
Minimum 25 feet between units, average of 30 feet.
(d)
Minimum 50 feet side yard to rear yard.
(e)
Minimum 70 feet rear yard to rear yard.
(f)
Decks and patios may encroach 12 feet into required spacing between units, when located on the back of the building.
(4)
Additional setbacks may be required for larger product types.
(5)
Units located on a corner shall provide an additional five-foot setback on the side that does not contain a driveway.
(6)
A fifty-foot setback is required from all perimeter property lines.
(7)
Front porches shall be a minimum of five feet deep. The size of front porches shall be large enough to be more functional than decorative.
(8)
Decks or patios are not permitted to encroach into a front or side yard setback.
§ 170-20.6 Supplemental standards for open space community projects (OSC).
A.
If a density bonus is authorized pursuant to § 170-20.4I, single-family lots in the R-2 and R-3 Zoning Districts may be reduced to the following dimensional standards:
(1)
R-2 Zoning District: 15,000 square feet minimum lot area/100 feet minimum lot width.
(2)
R-3 Zoning District: 12,000 square feet minimum lot area/80 feet minimum lot width.
B.
In addition to the uses permitted in the underlying single-family residential zoning district, residential uses identified in the Multiple-Family and Senior Housing Districts may be permitted by the Township, provided the following standards are met:
(1)
Up to 20% of the total number of units may be attached.
(2)
Attached units shall be located on the interior of the site, or a transitional use adjacent to a non-single-family use.
(3)
Attached units shall comply with the dimensional standards contained in § 170-7.2D.
(4)
Attached units may include up to four-unit buildings, provided four-unit buildings shall not comprise more than 50% of the total attached units.
(5)
Attached units shall be set back a minimum of 50 feet from single-family lot lines and 75 feet from a single-family building.
§ 170-20.7 Supplemental standards for mixed-use planned unit development (PUD).
A.
The project shall contain a use from the existing zoning classification, or other zoning district authorized by the Township as being consistent with the intent of this article, and at least one other zoning district. Uses found exclusively in the Consumer Industrial and Industrial Zoning Districts shall not be eligible for a PUD.
B.
Permitted residential types and densities shall comply with the standards contained in § 170-20.6 (OSC), unless modified by the Township.
§ 170-20.8 Approval procedures for AACs, OSCs and PUDs.
A.
Submittal requirements:
(1)
A summary of how the project meets the qualifications contained in § 170-20.3 and the rezoning criteria contained in § 170-43.5.
(2)
A table identifying any deviations from ordinance standards.
(3)
A conventional alternative plan, for residential projects requesting a density bonus.
(4)
Impact assessment and traffic impact study.
(5)
A site analysis map illustrating the following:
(a)
Vegetation and regulated trees.
(b)
Wetlands, water bodies, drainage patterns.
(c)
Other natural features.
(d)
Overhead utility lines.
(e)
Driveways and intersections within 250 feet of the site (on both sides of the street).
(f)
Existing buildings and structures.
(g)
Existing easements and rights-of-way.
(h)
Adjacent land uses.
(6)
A concept plan drawn illustrating the following features:
(a)
Location of proposed land uses, vehicular circulation and parking areas.
(b)
Building footprints and/or arrangement of lots.
(c)
Type and density of dwelling units.
(d)
Location of open spaces, natural features and pedestrian circulation.
(e)
Conceptual utility layout.
(7)
The Township may request the applicant prepare a market study or fiscal impact analysis to demonstrate support for one or more of the proposed uses or evaluate the financial impact on the Township.
(8)
A draft development agreement, including the following:
(a)
A survey of the project area and the recommended concept plan.
(b)
The ownership of the developed land.
(c)
Approved deviations from this chapter.
(d)
Responsibility and timing of public improvements.
(e)
Building design guidelines.
(f)
Methods for preservation and maintenance of open space.
(g)
Addresses other design and operational issues.
(h)
A phasing plan. For mixed-use projects, residential components shall be constructed before nonresidential uses.
B.
Review procedure.
(1)
The approval process for an AAC, OSC and PUD is summarized below.
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(2)
The applicant, or designated agent, must be present at all scheduled meetings.
(3)
Upon verification by the Township that all required documents have been provided, the application will be reviewed and placed on the next scheduled Planning Commission agenda.
(4)
The Planning Commission conducts a public hearing.
(5)
Following the public hearing, the Planning Commission shall make a recommendation to the Township Board based on the following factors:
(a)
The proposal meets the criteria established for rezoning to AAC, OSC, or PUD District.
(b)
The proposal promotes the Township's land use goals and objectives.
(c)
All applicable provisions of this article and this chapter are met.
(d)
Adequate facilities, or improvements, are available to accommodate impacts, utilities and traffic generated by the proposed project.
(e)
The proposal provides a better development option than if the property were to be developed under the current zoning classification.
(f)
The proposed development will not adversely affect the public health, safety and welfare.
(6)
Conditions or modifications recommended by the Planning Commission shall be submitted for Township review prior to placement on the Township Board agenda.
(7)
The Township Board shall review all findings and approve, approve with conditions or deny the request.
(8)
In addition to the concept plan, a final development agreement is required. Approval of the agreement can occur simultaneously with the concept plan or follow it. The development agreement shall be reviewed by the Planning Commission, who shall make a recommendation to the Township Board.
(9)
The applicant is responsible for recording the development agreement at the Wayne County Register of Deeds. A recorded copy of the development agreement must be provided to the Township prior to final site plan or plat approval.
C.
AAC, OSC and PUD concept plan.
(1)
The project shall be governed by the regulations specified in the development agreement. Regulations not specifically addressed in the agreement shall be governed by the current Zoning Ordinance and building codes.
(2)
Construction must begin within two years of the date approved by the Township Board.
(3)
The applicant may request a one-year extension, provided the request is made in writing at least 60 days prior to the expiration. Additional extensions beyond the first approved extension shall be approved where the Township finds there are extenuating circumstances that have prevented progress in development. The applicant shall be responsible for providing information to support the request for an extension. The extension may be approved by the Township Board based on the following criteria:
(a)
Substantial progress has been made or the developer can document good cause why such progress has not been made.
(b)
Demands on public infrastructure, roadway level of service, public facilities and services have not changed, or the applicant has agreed to mitigate an increased level of demand to offset the impacts of the project.
(c)
The project complies with the current ordinance standards or the applicant has agreed to revise the plan or development agreement to comply with the current ordinance standards.
(4)
If the approved concept plan expires, the applicant shall resubmit a concept plan for approval in accordance with the procedures herein and the standards that apply at the time of the new submittal.
D.
Site plans or subdivision plans.
(1)
Site plans and subdivision plans shall be substantially consistent with the approved concept plan.
(2)
Site plans shall be submitted in accordance with Article 33, Site Plan Review, or subdivision plans in accordance with the Subdivision Control Regulations or Article 35, Site Condominiums.
E.
An AAC, OSC or PUD zoning classification may be initiated by the Township and include a conceptual land use plan and supporting text. For Township-initiated zoning classifications, preliminary and final plans prepared by the applicant shall substantially conform to the intent of the approved conceptual land use plan adopted by the Township. If the Planning Commission determines that a proposed AAC, OSC or PUD concept plan is a significant departure from the concept plan adopted by the Township, the applicant can request a modification of the applicant's development plan that will better serve the Township's needs. The request for a modification shall demonstrate that the modification will not increase impact on schools, traffic, and other Township infrastructure.
F.
Modifications.
(1)
Approval of the concept plan and site plans confers upon the Township the authority to approve certain minor deviations when an applicant or landowner notifies the Planning Department, in writing, and provides a site plan illustrating the proposed change(s).
(2)
Minor changes may be approved administratively. Major changes or changes that may result in a material change shall be submitted to the Planning Commission.
(3)
Minor modifications include, but are not limited to, the following:
(a)
Correcting errors in the development plan.
(b)
Changes to berms and landscaping, provided the original intent is achieved.
(c)
Changes to site access, vehicular circulation or pedestrian circulation, provided the original intent is achieved.
(d)
Up to a three-percent increase or decrease in the square footage of residential buildings, provided the overall density does not increase and the building(s) do not extend into any required setbacks.
(e)
Up to 3%, or 2,000 square feet, whichever is smaller, increase or decrease in gross floor area of nonresidential buildings, provided parking requirements are met and the building does not extend into any required setbacks or open space.
(f)
Relocation of a building, provided it is does not encroach into required setbacks and complies with other applicable standards.
(g)
Changes required or requested by the Township, county or state for safety reasons.
(4)
Major modifications are more significant in nature than minor modifications and include, but are not limited to, changes in use, parking, access, open space, building height, density, setbacks and building elevations and materials.
G.
Appeals, modifications and variances. Modifications to the amount of open space, setbacks, minimum lot area and other design and supplemental standards for an AAC, OSC or PUD are not subject to variance approval by the Zoning Board of Appeals; such modifications shall be processed as a major or minor change as described herein. As an exception, once a home has been occupied, an individual homeowner may request a dimensional variance from the Zoning Board of Appeals as outlined in Article 41, Zoning Board of Appeals, provided the common open space and other conditions of approval are not affected.
H.
Procedures for projects approved under former regulations. Several projects have been approved based on standards and procedures that were removed from the Zoning Ordinance: open space subdivision, cluster housing option, planned residential unit development (PRUD), and Haggerty Road Planned Unit Development (HPUD). Such developments shall be considered conforming, provided such projects conform to the ordinance standards in place at time of approval, comply with the site plan and any written development agreement and the projects have either been completed or work is diligently being carried on within the time limits stipulated herein. Modifications to plans that were approved under prior regulations shall be reviewed per the AAC, OSC or PUD procedures outlined in this chapter.
