The Planned Unit Development (PUD) is a zoning district intended to accommodate innovative and compatible land use developments with mixed or varied uses, sites with unusual topography or unique settings within the community, or land which exhibits difficult or costly development problems, and shall not be allowed where Planned Unit Development approval is sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated objectives below.

The purpose of this Article is to permit innovation and variety in land use, design, and layout of property in order to achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; encourage useful open space, and address opportunities suited specifically to the needs of the residents of the Village of Ontonagon, provided such opportunities have complimentary economic, social, and environmental impacts on surrounding land uses.

The Planned Unit Development (PUD) is intended to permit and control the development of preplanned areas for various compatible uses. The PUD provides a procedure by which the Village Council can hold pre-application conferences with the applicant before submission of preliminary site plans, saving resources by reducing the need for expensive design re-iterations. The procedure entails a discretionary review and approval procedure that results in approval if all standards of this Article are met and denial if they are not. The Zoning District does not change if a PUD is approved, but like a Special Use, an approved PUD has all the rights and privileges of an approved use by right as long as all conditions attached to the approval are satisfied and the approved use continues. This process involves meeting eligibility criteria and established standards for approval through a site plan review procedure.

The applicant shall demonstrate that approval of the PUD would result in a recognizable and substantial benefit to the community that could not be achieved under the normal regulations of the District, satisfying one or more of the following objectives:

•

To provide more desirable living, shopping, and working environments by preserving as much of the natural character of the property as possible, including but not limited to, open space, stands of trees, brooks, ponds, river and lake shorelines, floodplains, hills, and similar natural assets.

•

To encourage the provision of open space and the development of recreational and other common facilities within reasonable distance of all seasonal and permanent dwelling units.

•

The long-term protection or preservation of natural resources, natural features, historical elements, scenic vistas, or architectural features of a significant quantity or quality.

•

Modification of a nonconforming use or structure so that, to a significant extent, it is rendered more conforming, or less offensive, to the Zoning District in which it is situated.

•

The provision of additional amenities which would not otherwise be provided in a conventional development, including but not limited to more usable open space, community gardens, orchards, or alternative energy systems.

•

To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land uses, and utilities.

•

To combine and coordinate architectural styles, building forms, and building relationships within the PUD.

•

To more effectively accommodate the needs of diverse populations including but not limited to the needs of the aging population (through Universal Design), or low-to moderate-income residents (or single households) with affordable units.

•

To permit more flexibility and innovation in the design, layout and type of development provided the development is consistent with the intent of the Village of Ontonagon Zoning Ordinance and the provisions of the Village of Ontonagon Master Plan.

10.3.1

Relationship of PUDs to zoning districts. Except as otherwise provided in other Sections of this Article, while PUDs are permitted in all Zoning Districts, the underlying Zoning District that applies to a particular parcel establishes the permitted uses and densities, as well as the basic limitations on height, bulk, setback, yard area, and related requirements. Yet, the PUD process does allow for some flexibility in land uses, densities, height, bulk, setbacks, parking, signage, and related standards, allowing some standards to be waived or reduced as a part of the Site Plan Review and approval process for a PUD, provided such actions are within the parameters detailed in the remainder of this Article. Property subject to an approved PUD shall be labeled PDD on the zoning map.

10.3.2

Eligibility requirements. No PUD shall be approved unless the applicant demonstrates, through written submittal, that the land use and development substantially advances objectives described in Section 10.2, and meets the eligibility requirements and the standards set forth in this Ordinance, and in addition that:

10.3.2.1

The PUD shall result in a recognizable and substantial benefit to the ultimate users of the project and to the Village of Ontonagon. Such benefit must otherwise be unfeasible or unlikely to be achieved under the standards of a single Zoning District.

10.3.2.2

The PUD shall remain under the control or authority of a single individual, corporate, or organizational owner who is authorized to administer the PUD.

10.3.2.3

A PUD must be designed as a single development and shall be at least fifty percent (50%) completed within two (2) years, unless otherwise stated in the approved PUD permit.

10.3.3

Calculating density. The permitted density on a specific parcel or parcels subject to a PUD application is first established by applying the minimum lot size in the underlying district to the buildable portion of the parcel or parcels and then applying a density bonus of not more than fifteen (15) percent as the design warrants and in the complete discretion of the Village Council with the recommendation of the Planning Commission. This density is achieved either by reducing the minimum lot size of the underlying district, or by clustering lots, or both, and is calculated as follows:

10.3.3.1

Calculating base density. The applicant shall prepare a drawing to scale that divides the site into the maximum number of lots permitted under this Ordinance without a bonus or clustering. The whole number of lots that results from this calculation is the maximum number of lots or dwelling units that may be clustered on the site under this Section before any bonus is applied. This is calculated as follows:

10.3.3.1.A

Divide the total area of the site by the minimum lot area requirements per lot, while still conforming to minimum lot width or frontage requirements.

10.3.3.1.B

Ensure that each lot has sufficient area to meet District Health Department requirements for septic waste disposal, unless the site is served by public sewer.

10.3.3.1.C

Ensure that adequate right-of-way for a public road meeting Village of Ontonagon standards is provided.

10.3.3.1.D

Ensure that no parcel so created for a dwelling unit violates state or federal wetland, floodplain, sand dune or high risk erosion regulations.

10.3.3.1.E

No existing or proposed easement shall be counted as available for development.

10.3.3.2

Calculating density increases. To increase density, the site shall have direct access to a County/local road or state highway via a new public road built to Ontonagon County Road Commission or MDOT standards. The increase will be determined in the following manner:

10.3.3.2.A

Permitted density in terms of dwelling units per acre may be increased in a PUD up to fifteen (15) percent when the design of PUD demonstrates complete conformance with the requirements of this Article. No intensity increase is permitted for a PUD overlying a DT3 or DT2 district.

10.3.3.2.B

The applicant shall receive a 5% bonus density for each of the following up to a maximum of fifteen (15) percent:

(1)

Fifteen (15) percent more usable, common open space (not wetland) than the minimum required in Table 10-1.

(2)

A design that blends well with the natural environment and abutting lands and utilizes alternative energy technology, or enhances community food production.

(3)

A design that is aesthetically pleasing and compatible with structures on abutting property.

(4)

A design that creates diversity of housing types with attention to Universal or affordable housing design.

10.3.4

Permitted uses.

10.3.4.1

The following uses may be permitted within a residential planned unit development:

10.3.4.1.A

All uses permitted by right, by Conditional Land Use Permit, or by Special Land Use Permit in the district in which the property is located and subject to all restrictions specified for that district except as modified by a PUD Permit.

10.3.4.1.B

Recreation and open space, provided that the following uses may be set aside as common land for open space or recreation use under the provisions of this Section:

(1)

Private recreational facilities such as golf courses, swimming pools, ski resorts, or other recreational facilities which may or may not be limited to the use of the owners or occupants of the lots located within the PUD, depending on what is permitted in the underlying District.

(2)

Historic sites, parks, greenways, extensive areas with tree cover, lowlands along streams, or areas of rough terrain when such areas have natural features worthy of scenic preservation.

10.3.4.2

The following uses may be permitted within a nonresidential planned unit development: All uses permitted by right, by Conditional Land Use Permit, or by Special Land Use Permit in the District in which the property is located and subject to all restrictions specified for that District except as modified by a PUD Permit. Limited permanent dwelling units may be permitted, especially if above ground floor commercial uses. All nonresidential PUDs shall have direct access to a paved public road.

10.3.5

Lot requirements.

10.3.5.1

The site shall be not less than five (5) acres in area.

10.3.5.2

Minimum yard restrictions of the Zoning District in which the project is located shall be maintained around the perimeter of the project.

10.3.6

Development requirements.

10.3.6.1

In the case of a mixed-use PUD which includes a use permitted by right in the Zoning District, a building devoted primarily to such a permitted use must be built before or concurrently with any building devoted primarily to any use not permitted by right.

10.3.6.2

New development should be separated by at least one hundred (100) feet from wetlands, surface waters or other sensitive open space.

10.3.6.3

Dwelling units shall be separated from nearby farm structures by at least five-hundred (500) feet.

10.3.6.4

The PUD design shall protect roadside character and improve public safety and preserve vehicular carrying capacity by not fronting lots along an existing county road or state highway.

10.3.7

Open space requirements.

10.3.7.1

Required open space shall be dedicated to the public or set aside for common use of the owners and users within the PUD so that there are assurances that the required open spaces shall remain open.

10.3.7.2

If requested by the landowner, the Village Council may approve a PUD with open space that is not contiguous with the rest of the PUD if other benefits to the public are sufficiently great to warrant such consideration.

10.3.7.3

The proposed open space shall be clearly depicted on the site plan and differentiated from the land proposed for clustering the single-family dwelling units.

10.3.7.4

Specific uses for the proposed open space shall be clearly indicated on the site plan and described in appropriate detail in the accompanying application.

10.3.7.5

Open space is encouraged around the perimeter of a site to screen and buffer the clustered units from abutting property.

10.3.7.6

Open space shall be designed and located for convenient use by residents of the development.

10.3.7.7

The open space may be retained by the original landowner or held in common by one or more of the new landowners.

10.3.7.8

Up to twenty (20) percent of the useable common open space may be used for septic drain-fields for individual dwelling units, provided a homeowners association assumes liability for any problems, and if the method is approved by the District Health Department and the Michigan Department of Environmental Quality. No part of the preserved open space shall be used for an access road.

10.3.7.9

The minimum amount of permanent common open space that shall be provided for each PUD by underlying District is listed in Table 10-1. Permanent common open space and maximum open space that is wetlands or open water in columns two and three of Table 10-1 respectively, shall be measured as a percentage of the total acreage of the land that makes up the PUD, except as otherwise provided in this Article.

TABLE 10-1. MINIMUM PERMANENT COMMON OPEN SPACE

10.3.7.10

All land designated and approved as common open space in a PUD shall remain as permanently protected open space. All open space, tree cover, recreational area, scenic vista, or other approved open land areas shall be either set aside as common land for the sole benefit, use, and enjoyment of present and future lot owners or residents within the PUD, or at the initiative of the applicant and acceptance by the appropriate public body, may be dedicated to the public as park land for the use of the general public. The Planning Commission shall determine which is most appropriate based on the following considerations:

10.3.7.10.A

That open space land shall be legally conveyed from the tract owner or owners to a home owners association or other similar nonprofit organization so that fee simple title shall be vested in tract lot owners as tenants in common, provided that permanent arrangements have been made for the maintenance of the land and any buildings thereon, and that an open space easement for said land may be conveyed to the public to assure that open space land shall remain open.

10.3.7.10.B

That open space land may be voluntarily dedicated to the public for park or recreational purposes by the tract owner or owners, provided that the location and extent of the land conforms to the Village of Ontonagon Master Plan, that the land has appropriate characteristics and location such that it will be readily available to and desirable for public use, development, and maintenance, releasing the developer from further improvements.

10.3.7.10.C

The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is reviewed and approved by the Village Attorney, such as: recorded deed restrictions, covenants that run with the land, transfer to a nonprofit land trust, a recorded conservation easement such as that provided in the State of Michigan Conservation and Historic Preservation Easement Act, P.A. 197 of 1980, as amended(MCL 399.251) or dedication to and acceptance of the open space by the Village or other public entity. Such conveyance shall assure, unless the land is dedicated to the Village and accepted by it, that the Village will not be liable for any uses or activities occurring within the dedicated open space and that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use unless mutually agreed by the written consent of the Village Council and the property owner or homeowners association. Such conveyance shall also:

(1)

Indicate the proposed allowable use(s) of the dedicated open space.

(2)

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space in the manner specified in the PUD approval.

(3)

Provide standards for scheduled maintenance of the open space.

(4)

Provide for maintenance to be undertaken by the Village in the event that the dedicated open space is inadequately maintained, or is determined by the Village to be a public nuisance, with the assessment of costs upon the property owners.

(5)

Bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Village and the land uses continue as approved in the planned unit development.

10.4.1.

Application process.

10.4.1.1

Site plan. The application shall be accompanied by a Site Plan that conforms to the requirements of Section 14.3.2 for a Tier 3 Review of a Major Site Plan.

10.4.1.2

Pre-application conference. A pre-application conference between the applicant, the site designer, the chairperson of the Planning Commission, the Zoning Administrator, and any planning consultant retained by the Village shall be held prior to submittal or review of any site plan for a PUD. A site visit may be scheduled as a part of the pre-application conference. The purpose of the pre-application conference is to review Ordinance requirements as they apply to the site before the applicant investments in preliminary site designs.

10.4.1.3

Application. An application for PUD shall be accompanied by the following documents and information:

10.4.1.3.A

A PUD application form supplied by the Zoning Administrator, completed in full and accompanied by the appropriate fee.

10.4.1.3.B

A Major Site Plan satisfying the requirements of Tier 3 Review per Section 14.3.4.6.

10.4.1.3.C

A statement of compliance with the objectives, eligibility requirements, and other requirements contained in this Article and applicable standards in Article 5, General Provisions.

10.4.1.4

Approval procedures.

10.4.1.4.A

The Zoning Administrator shall review each application pursuant to the requirements of Section 14.3.2.2.D, and when it is determined to be complete, schedule it for a public hearing at a regular Planning Commission meeting, unless the applicant pays all of the costs for a special meeting.

10.4.1.4.B

A notice of the public hearing shall be given pursuant to Section 14.4, and the first public hearing shall be conducted by the Planning Commission pursuant to the requirements of Section 14.4.2.

10.4.1.4.C

The Planning Commission and Village Council, in their respective meetings, shall review the application, comments, the Site Plan, and other pertinent information received and shall make a determination in accordance with the criteria described in this Article, and such other standards contained in the Ordinance which relate to the PUD under consideration.

10.4.1.4.D

The Planning Commission's recommendation shall be forwarded to the Village Council for final action.

10.4.1.4.E

Prior to action on the request, the Village Council shall also conduct a public hearing, preceded by notice in the same manner as for the public hearing by the Planning Commission.

10.4.1.4.F

The Village Council may, by majority vote of its members, deny, approve, or approve with conditions the application for PUD approval. Its decision shall be incorporated in a statement of conclusions relative to the PUD under consideration, and shall specify the basis for the decision and any conditions imposed. A request for approval of a land use or activity which is in compliance with Ordinance standards, other applicable ordinances, and state and federal statutes shall be approved.

10.4.1.4.G

Upon the approval, or approval with conditions by the Village Council, the Zoning Administrator shall prepare and issue a permit to the applicant incorporating the conditions, if any, imposed by the Village Council.

10.4.1.4.H

An appeal of a decision by the Village Council to approve, deny, or approve with conditions a PUD Permit application may be taken to Circuit Court, and may not first be appealed to the Board of Appeals.

10.4.1.4.I

The zoning map shall have the notation "PDD" written on any parcel for which PUD approval has been granted and remains in effect.

10.4.1.5

Basis of determination. The Planning Commission and the Village Council, in their respective hearings, shall review the particular circumstances of the PUD application under consideration in terms of the following standards and shall recommend approval, or approve, respectively, a PUD only upon a specific finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this Ordinance:

10.4.1.5.A

The PUD shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

10.4.1.5.B

The PUD shall be designed in a manner to ensure healthful living conditions and adequate light, air, and accessibility for fire and police protection for the inhabitants and users of the development as well as adjacent Village residents.

10.4.1.5.C

The PUD shall be consistent with the intent of the Village of Ontonagon Master Plan.

10.4.1.5.D

The PUD shall not change the essential character of the surrounding area.

10.4.1.5.E

The PUD shall not be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, ground vibration, water runoff, odors, light, glare or other features of the planned use.

10.4.1.5.F

The PUD shall not place demands on public services and facilities in excess of current capacity, unless planned improvements have already been scheduled for completion.

10.4.1.5.G

The PUD site plan shall demonstrate a safe and adequate on-site system of potable water and wastewater lines that can accommodate the proposed development, that are efficiently integrated into off-site potable water and wastewater public improvement plans, where public off-site facilities are available.

10.4.1.5.H

Adequate off-site facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads are planned and programmed for the development proposed in the PUD site plan, and the development is appropriately located in relation to schools, police protection and other emergency services.

10.4.1.5.I

The PUD shall be designed to preserve public vistas and existing important natural, historical, scenic, and architectural features of significance within the development.

10.4.1.5.J

The PUD shall be designed so that its pedestrian, non-motorized, and automobile circulation systems are safely and conveniently integrated with those of abutting property and any linear trail or park systems.

10.4.1.5.K

The PUD shall provide that vehicular and pedestrian traffic within the site shall be safe and convenient, and that parking layout will not adversely affect the flow of traffic within the site or to and from the adjacent streets. Safe and adequate access for emergency vehicles and adequate space for turning around shall be provided.

10.4.1.5.L

The PUD shall not result in any greater stormwater runoff to adjacent property after development than before.

10.4.1.5.M

The design of the PUD shall exhibit a reasonable harmonious relationship between the locations of buildings on the site relative to buildings on lands in the surrounding area; and there shall be a reasonable architectural and functional compatibility between all structures on the site and structures within the surrounding area. It is not intended that contrasts in architectural design and use of facade materials is to be discouraged, but care shall be taken so that any such contrasts will not be so out of character with existing building designs and facade materials so as to create an adverse effect on the stability and value of the surrounding area.

10.4.1.5.N

The design of the PUD shall ensure that outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be a nuisance to the subject property or neighboring properties.

10.4.1.5.O

The PUD shall be designed such that phases of development are in a logical sequence, so that any one phase will not depend upon a subsequent phase for adequate access, public utility services, drainage, or erosion control.

10.4.1.5.P

The PUD shall conform to all applicable Village, County, State, and Federal requirements for that use.

10.4.1.5.Q

The Applicant shall be in substantial compliance with any previously issued Zoning Permits and shall not otherwise be disqualified from receiving a permit under this Ordinance.

10.4.1.5.R

All signs in a PUD shall comply with the requirements of Section 5.7, except that the Village Council may approve different signage if a comprehensive sign plan for the proposed PUD is submitted that does not result in greater total sign area, or sign height, even though more signs are used, and is otherwise consistent with the intent and purpose of the sign regulations as determined by the Planning Commission.

10.4.1.5.S

The Planning Commission shall find that review of the Site Plan for the Planned Unit Development provides safe and convenient vehicular and pedestrian traffic within the site and that the proposed parking layout will not adversely affect the flow of traffic within the site or to and from the adjacent streets. All parking shall comply with the requirements of this Ordinance, except that where the overall integrity of the PUD would be improved with a waiver of parking design standards that do not undermine the intent and purpose of the parking regulations, then the Village Council may grant such waiver, however, the total number of required parking spaces cannot be reduced below that necessary to meet anticipated need.

10.4.1.5.T

Landscaping shall ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property and will create a pleasant pedestrian scale outdoor environment. All landscaping shall comply with the requirements of this Ordinance, except that the Village Council may approve different landscaping if a comprehensive landscape plan for the proposed PUD is submitted that would result in a comparable or better design that is also consistent with the intent and purpose of the landscape regulations.

10.4.1.6

Waiver of planned unit development standards. The Village Council, following the recommendation of the Planning Commission, may waive partially or wholly any of the standards for a PUD contained in this Article or other relevant standard in this Ordinance where all of the following findings are documented along with the rationale for the decision:

10.4.1.6.A

No substantial public purpose will be achieved by requiring conformance with the standards sought by the applicant to be waived.

10.4.1.6.B

The spirit and intent of the PUD provisions will still be achieved and there will be no increase in density or intensity of use of more than five (5) percent above what is otherwise allowed in this Article, or of mass of buildings or structures, or of traffic that will be generated (beyond the amount that would be permitted without this waiver).

10.4.1.6.C

No nuisance will be created.

10.4.1.7

Requirement of conditions. The Planning Commission may recommend, and the Village Council may impose, conditions with the approval of a PUD which are necessary to ensure compliance with the standards for approval stated in this Section and any other applicable standards contained in this Ordinance. Such conditions shall be considered an integral part of the PUD approval and shall conform with the requirements for Conditional Approvals and Performance Guarantees/Bonding in Article 14.

A PUD approved by the Village of Ontonagon prior to the adoption or amendment of this Ordinance may be amended only through the filing and approval of a new application under this Article. The application shall be considered under the current standards of this Ordinance, rather than the standards in effect at the time of the original approval. If the application is denied, the previously approved PUD shall remain valid even if the underlying district has been changed.

10.6.1

Permit validity. A Zoning Permit authorizing a PUD (hereafter referred to as a PUD Permit) shall be valid for a period of one (1) year from the date of issuance, unless another, longer, time period is set by the Village Council as a condition of approval. If the use has not commenced by the end of this time period, the permit shall expire automatically without any further action or notice by the Village unless an extension is granted pursuant to Section 14.3.3.2.B.

10.6.2

Permit revocation. In the event the Village Council believes the holder of a PUD Permit has failed to comply with one or more of the terms or conditions of the permit or of this Ordinance, the Village Council may schedule a hearing to consider the revocation of the permit. The permit holder shall be given reasonable notice of the hearing date, which shall in any event be not less than fifteen (15) days from the date of the notice. The notice of hearing shall include a written statement of the reasons for the possible revocation. The permit holder shall be allowed to appear at the hearing and to present evidence pertinent to whether the permit should be revoked. If the Village Council decides to revoke the permit, the use for which the permit was granted must cease within sixty (60) days of the hearing date. Failure to terminate the use for which the permit was revoked within sixty (60) days is declared to be a nuisance per se and a violation of this Ordinance.

10.6.3

Permit transferability. A PUD Permit may be transferred from one owner of the property to which it is affixed to the next owner of the same property. A PUD permit may not be transferred from one property to another property. A new owner may continue to use the property for the purposes for which the PUD was granted as long as all conditions and terms of the permit are satisfied. Permit transfer is automatic, provided that within sixty (60) days of acquiring ownership the new owner registers his intent to continue the PUD with the Zoning Administrator on a form established for that purpose. The Zoning Administrator shall review with the new owner all the applicable Ordinance requirements that apply to the property and any special conditions imposed upon the PUD when the transfer form is submitted.

10.6.4

Termination of a PUD if the use changes. If there is a change in the use of a property for which a PUD was issued, the PUD shall automatically terminate and the property shall only be used for a use permitted in the underlying District in which the property is located. A PUD including a seasonal use is also subject to termination, if the season passes in which the seasonal use would normally occur and a different use is in place instead.

10.6.5

Recording with register of deeds. A PUD Permit, or expiration, revocation, or termination of a PUD permit, shall be recorded at the Ontonagon County Register of Deeds.

10.6.6

Adherence to approved site plan. Any property owner who fails to develop and maintain an approved PUD according to the approved Site Plan shall be deemed in violation of the provisions of this Ordinance and shall be subject to the penalties for same.

10.6.7

Amendments. Amendments to an approved Site Plan for a PUD shall be processed according to the procedures in Article 14.

10.6.8

Scheduled phasing.

10.6.8.1

When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the open space development and the residents of the surrounding area.

10.6.8.2

Each phase of the project shall be commenced within the schedule set forth on the approved Site Plan. One phase must be completed before beginning work on the next unless explicitly authorized during Site Plan approval. If construction of any phase is not commenced within the approved time period, an extension may be granted, following review of a formal request for extension by the developer and approval of same by the Village Council.

No application for a PUD Permit which has been denied, wholly or in part, shall be resubmitted for a period of one (1) year from the date of the denial, except on satisfactory proof of substantially changed conditions, newly discovered evidence, or a falsehood previously relied upon by the Village which, through the exercise of normal diligence, could not have been discovered before the hearing, as determined by the Zoning Administrator. A reapplication shall be processed as a new application.

10.7.1

Intent and purpose.

It is the intent of this section to provide a site specific administrative remedy to allow reasonable use of property in those limited instances in which a property owner demonstrates to the Village Council that (1) the applicant's property cannot be used for the purposes permitted in the Zoning District, (2) the plight is due to the unique circumstances peculiar to the property and not to the general neighborhood conditions, (3) the proposed development and use would not alter the essential character of the area, and (4) the applicant's problem has not been self-created.

If and when a property owner meets the above four-part threshold burden of proof, it is not intended that any use may then be approved. Rather, this section is intended to authorize administrative relief to the minimum extent necessary to allow reasonable use of property on the particular site, which is compatible to the extent possible with the uses of adjacent properties.

In order to satisfy the finality requirement dictated by the Michigan Supreme Court in Paragon Properties Company v. County of Novi, 452 Mich 568 (1996), a property owner shall not be required to seek variance relief at the Zoning Board of Appeals if relief is sought and denied under this Section.

10.7.2

Application.

10.7.2.1

In addition to the information required for other variance requests, an application for a Hardship Planned Unit Development shall include a Site Plan and a summary of the facts which support each of the following conclusions:

10.7.2.1.A

Applicant's property cannot be used for the purposes permitted in the Zoning District.

10.7.2.1.B

Applicant's plight is due to unique circumstances peculiar to his property and not to general neighborhood conditions.

10.7.2.1.C

Applicant's suggested use would not alter the essential character of the area.

10.7.2.1.D

Applicant's problem has not been self-created.

10.7.2.2

At the end of each statement (a through d in Subsection 1 above) identify all persons who will appear at the hearing with respect to each of the facts, and, separately, identify all persons who will appear at the hearing relative to the respective conclusion (and if any person is to be offered as an expert witness, include with the application a resume which shows the education and experience of such person within the particular area of expertise).

10.7.3

Approval procedures.

10.7.3.1

Pre-hearing conference.

10.7.3.1.A

Prior to the scheduling of a hearing, the applicant shall contact the Zoning Administrator for the purpose of scheduling a pre-hearing conference. The Zoning Administrator shall determine who should be present at the pre-hearing conference based upon the application submitted, and shall proceed in as expeditious manner as possible after satisfying all the information needs.

10.7.3.1.B

The purposes of the pre-hearing conference shall be to:

(1)

Review the procedure for the hearing and identify all persons who will appear (directly or through affidavit) and the evidence to be offered on behalf of the applicant.

(2)

Attempt to secure a statement of agreed upon facts to be used to narrow the matters of dispute and shorten the hearing.

(3)

Explore a means of providing relief to the applicant by way of non-use variance from the zoning board of appeals.

(4)

Discuss the need, desirability, and the terms of providing a verbatim record of the hearing.

10.7.3.2

Hearing.

10.7.3.2.A

Village staff or representatives shall present an overview of the zoning regulations involved. This may include an indication of the objectives sought to be achieved in the Zoning District, and any planning, engineering, financial, environmental, or other considerations which are generally relevant within the Zoning District and/or in the general area of the property at issue.

10.7.3.2.B

The applicant shall have the burden of proof. In order to be entitled to relief, the applicant must demonstrate each of the four factors set forth in Section 10.7.2.1, subsections a through d. The applicant may present witnesses, including the applicant, or may submit affidavits, for the purpose of attempting to prove facts or conclusions.

10.7.3.2.C

The Village Council may require the presence of any witness who has offered testimony to permit members of the Village Council to ask questions of these witnesses.

10.7.3.2.D

At the conclusion of the applicant's presentation, hearing attendees shall be provided with the opportunity to present testimony and evidence in the same manner, and subject to requiring the presence and questioning of witnesses, as provided above for the applicant.

10.7.3.2.E

When interested persons have completed their presentations, at the same meeting and/or at an adjourned meeting date, testimony and evidence may be presented on behalf of the community in the same manner, and subject to requiring the presence and questioning of witnesses, as provided above for the applicant. The purpose of such presentation shall be to ensure that a full picture, including all relevant information, is before the Village Council for consideration as it relates to the specific application presented.

10.7.3.2.F

The applicant shall have the opportunity to make a responsive presentation, restricted to answering the points raised by interested persons and community representatives, with the same procedure as provided above for the applicant's principle presentation.

10.7.3.2.G

If a hearing is not completed at a given meeting within the time period allowed by the Village Council, the Council shall adjourn the hearing to a date certain for continuation.

10.7.3.2.H

At the conclusion of the hearing, the Village Council may make its decision at that meeting, or it may adjourn the hearing to a new date for the purpose of reviewing the testimony and evidence, and reviewing proposed findings and conclusions submitted by hearing participants, in preparation for making its decision.

10.7.3.2.I

If the Village Council determines to grant a Hardship Planned Unit Development, it shall be the minimum relief required to allow reasonable use of the property, while maintaining the essential character of the area. The motion may include conditions that are authorized by law. A motion to grant a Hardship PUD may be made as a tentative grant of relief, subject to review by the Planning Commission, Zoning Administrator, Village Engineer, or other person or official with expertise, with a view of obtaining recommendations on any conditions that may be relevant and authorized by law, and for the further purpose of ensuring that the grant of relief would not violate applicable law. If a motion authorizing such a tentative grant of relief is made, the Village Council, in the same motion, should request the completion of all reviews by other boards or persons by a specific date, so that relief may be expeditiously finalized.