For the purposes of this ordinance, the city is divided into the following zoning districts:

The boundaries of the zoning districts enumerated in section 3-1 are established as shown on the "Official Zoning Map, City of Portland," which accompanies this text. This map with all its notations, references, and other information is hereby adopted by reference as a part of this ordinance and is on file in the office of the city clerk. One copy of the official zoning map shall be maintained and kept up to date by the city clerk, accessible to the public, and shall be the final authority as to the current zoning status of all property in the city.

If there is any uncertainty, contradiction, or conflict regarding the intended location of any district boundaries shown on the map due to scale, lack of details, or illegibility, interpretation concerning the exact location of district boundary lines shall be determined by the zoning board of appeals upon written application. In arriving at a decision, the board shall be guided by the following rules:

(1)

The boundaries of zoning districts are intended to follow centerlines of alleys, streets, other rights-of-way, or lot lines, or to be parallel or perpendicular thereto, unless the district boundary lines are otherwise clearly indicated on the official zoning map.

(2)

Where district boundaries are indicated to approximately follow lot of record lines, those lines shall be construed to be the boundaries.

(3)

Unless shown by dimension on the official zoning map, where a district boundary divides a lot of record the location of the boundary shall be determined by use of the scale shown on the map.

(4)

Where district boundaries are indicated as approximately following city limits, they shall be construed as following the city limits.

(5)

A boundary indicated as following a shoreline shall be construed as following that shoreline, and in the event of a naturally occurring change in a shoreline, the boundary shall be construed as following the actual shoreline. A boundary indicated as following the centerline of a stream, river, or other body of water shall be construed as following that centerline.

(6)

If a district boundary is indicated as being parallel to, or an extension of a feature described in this section it shall be so construed.

(7)

Where physical or natural features existing on the ground do not coincide with those shown on the official zoning map or in other circumstances not covered in this section the zoning board of appeals shall determine the district boundaries.

If a street, alley, or other public right-of-way is vacated by official governmental action and if the lands within the boundaries thereof attach to and become part of lands adjoining the street, alley, or public right-of-way, the lands involved shall automatically acquire and be subject to the same zoning regulations applicable to adjoining lands and shall be governed by this ordinance.

If earthen fill is placed in any lake or stream, the created land shall automatically and without further governmental action acquire and be subject to the same zoning regulations applicable for lands to which the land attaches or is adjacent; and the created land shall be used for those purposes as are permitted under this ordinance for the adjoining lands.

Any area which is annexed to the city shall be in the R-1 district. The city council shall, promptly after the passage of an ordinance of annexation, request the planning commission to make a recommendation on the appropriate zoning classification of the annexed area. The planning commission shall initiate amendment procedures as provided in this ordinance if it determines the annexed area should be in a district other than R-1.

Where a zoning line divides a lot or where two lots in different districts are combined, the entire lot shall be considered to be wholly within the more restrictive zoning district. Where two lots are combined and one of the lots is within an overlay district, the entire lot shall be considered to be wholly within the overlay district. Table 3-1 lists districts from most restrictive to least restrictive.

(a)

R-1, Low Density Residential. The R-1 District is the lowest density single-family district and is primarily located near the edges of the city on land yet to be developed or where developed lots tend to be larger than those in the core of the community. Other uses are also permitted such as places of religious worship and schools that contribute to the fabric of the neighborhood, recreational amenities requiring sizeable land area such as golf courses, and uses often found in large lot residential areas such as riding stables.

(b)

R-2, Traditional Residential. The R-2 District comprises much of the residentially zoned land in the city. It accommodates the moderate density development that typifies the city's traditional development pattern of small lots arranged on a grid street pattern. The district also accommodates the two-family and multi-family dwellings that were established prior to the adoption of this ordinance. Like the R-1 District, it allows for support uses that contribute to the neighborhood character.

(c)

R-3, Multiple-Family Residential. The R-3 District is established to allow higher density residential development primarily consisting of more than one dwelling unit per structure. However, it is not the intent of the district to promote a living environment of lesser quality or desirability than other residential districts. To that end, amenities and complementary uses like those allowed elsewhere are permitted.

(d)

R-4, Manufactured Home Community. The R-4 District is a specialized district to accommodate the typically high-density residential character of manufactured housing communities. A range of other uses is also permitted to support the community and provide for the recreational and social amenities that contribute to a desirable living environment within what is often a self-contained community.

The following abbreviations apply to the table of uses for the residential districts:

P - Permitted use: Land and/or buildings in this district may be used for the purposes listed by right.

SLU - Special land use: The following uses may be permitted by obtaining special land use approval when all applicable standards cited in article XIII of this ordinance are met.

¹ Only those two-family and multi-family dwellings that existed legally in the R-2 District prior to the adoption of this Zoning Ordinance May 1, 2023 are permitted and shall not be considered nonconforming uses.

² Minimum lot area shall be increased by 3,000 sq. ft. for each additional dwelling unit beyond one.
³ Minimum lot area and width apply to multi-family dwellings. Minimum area and width for one-family dwelling shall be 6,000 sq. ft. and 65 ft. wide; for two-family dwellings, the minimum lot area shall be 9,000 sq. ft. and 70 ft. wide.
⁴ Minimum required width shall be increased by five ft. for each additional dwelling unit beyond one.
⁵ A 50 ft. minimum setback shall be required from the perimeter boundary within the manufactured home community site. Setbacks for all uses not located within a manufactured home community shall be as required in the R-3 District.
⁶ Minimum side yard on one side shall be increased by two feet for each additional dwelling unit beyond one. Total minimum side yard shall be increased by four feet for each additional dwelling unit beyond one.
⁷ Required minimum floor area shall be based on number of bedrooms, as follows: one bedroom - 650 sq. ft., two bedrooms - 750 sq. ft., three bedrooms - 900 sq. ft., 100 additional sq. ft. for each bedroom over three.

(a)

In addition to the requirements of this article, all development in the residential districts shall meet the applicable requirements as listed elsewhere in this ordinance or the city code.

(1)

Overlay Zone Requirements, see article 6

(2)

General Provisions, see article 8

(3)

Parking and Loading, see article 9

(4)

Landscaping and Buffering, see article 10

(5)

Special Use Requirements, see articles 12 and 13

(6)

Site Plan Review, see article 14

(7)

Subdivision Regulations, see chapter 16 (city code of ordinances)

(8)

Signs, see chapter 28 (city code of ordinances)

(b)

The following chart summarizes the application and review requirements for the residential districts. No application shall be accepted unless in compliance with all applicable requirements, unless specifically waived by the zoning officer. Note: Single-family homes must provide a plot plan, not a site plan.

(a)

C-1, Downtown Business District. The C-1 business district is intended to support a traditional downtown main-street atmosphere by concentrating in the core town center a complementary mix of uses that can thrive and promote pedestrian interaction. The district regulations are designed to enhance the downtown as a vibrant community focal point that gives the city a distinguishable identity through the integration of business activity, governmental functions, services, public gatherings, and residential uses.

(b)

C-2, General Business District. The C-2 general business district is intended primarily to accommodate businesses catering to the routine shopping and service needs of city's residents. Uses in this district are most likely to be frequented by users driving rather than walking. As a result, parking lots are generally associated with each use and vehicular access controls may be required. Due to the typically prominent, high visibility locations of these uses, screening, landscaping, and sign regulations are established to ensure an aesthetically favorable image of the community and to mitigate potential negative impacts on adjacent and nearby residential areas.

(c)

C-3, Highway Business District. The C-3 district is a specialized district intended to create a convenience center for those service uses mainly catering to the motoring public along the interstate highway. Uses are limited to vehicle-oriented uses and district boundaries will be confined to the immediate vicinity of interchanges to ensure expedient access for highway travelers and to minimize the potential added traffic impact upon city streets further from the interchange. Uses are focused on vehicle service stations, drive-in restaurants, hotels, and others primarily offering services to travelers and the motoring public.

(d)

O-R, Office/Research/Business District. The O-R district provides specific regulations to promote a mixed-use campus-style environment for office, research, service, and related business uses. It is intended to create a distinctive employment center integrated with the natural environment; incorporating a cohesive mix of compatible uses; and promoting the use of green building technology, long-term community sustainability, and use of high-quality design and materials.

(e)

IND, Industrial District. The regulations of this district are intended primarily for heavy commercial and general industrial uses providing employment opportunities. The district is established to encourage operations that manufacture, compound, process, package, treat, and assemble products from previously prepared materials. It also allows certain commercial uses that, because of their intensity or operational characteristics, would generally not be compatible with other uses in the established commercial districts.

The following abbreviations apply to the table of uses:

P - Permitted use: Land and/or buildings in this district may be used for the purposes listed by right.

SLU - Special land use: The following uses may be permitted by obtaining special land use approval when all applicable standards cited in article XIII of this ordinance are met.

(a)

Building requirements.

(1)

Materials. Any side of a building facing a public street shall be comprised of at least 30 percent of the following materials: brick, decorative concrete block, cut stone, horizontal clapboard siding, or commercial grade vinyl siding (minimum 0.44 gauge). In no case shall vertical siding, cedar shakes, sheet metal, cement board, or EIFS be used.

(2)

Transparency. Any building facing a public street shall be comprised of at least 50 percent windows on the first floor and at least 25 percent on each floor above the first floor.

(3)

Articulation. Architectural design elements shall be incorporated into the building to add variety and interest. They may include, but are not limited to: strong cornice lines, material texture, prominent corner features, recessed building entries, window sills, lintels, overhangs, canopies or porticos, arcades, recesses and projections, arches, and integral planters.

(4)

Projections. No part of a building shall extend beyond the property line; provided, awnings, balconies, and bay windows may encroach into the public right-of-way as follows:

a.

Awnings shall not project more than three feet from the front face of the building wall and may overhang an abutting sidewalk. The bottom of the awning shall be at least seven feet above the sidewalk.

b.

Bay windows shall not project more than two feet from the front face of the building wall and my extend over an abutting sidewalk.

c.

Balconies shall not project more than four feet from the front face of the building wall and may extend over an abutting sidewalk.

(5)

Mechanical. Exhaust vents, air handling systems, and similar mechanical appurtenances shall not protrude from any building wall adjacent to a public walkway, except as may specifically be permitted by the planning commission upon a finding that no reasonable option exists and the location will not pose a nuisance to the general public.

(b)

Outdoor uses. Outdoor seating may be permitted for those uses serving food or beverages; provided, the following requirements are met:

(1)

the area devoted to outdoor service shall be adjacent and accessory to the main use of an indoor food or beverage establishment;

(2)

the area devoted to outdoor service shall not encroach upon or extend into any public street, alley, or right-of-way unless specifically authorized by the city;

(3)

the area devoted to outdoor service shall not be closer than four feet from the curb face along any abutting street or the railing along the river side of the boardwalk; and

(4)

furniture used for outdoor dining shall be removed and stored indoors or secured outdoors during nonbusiness hours. All furnishings shall be completely removed from December 1 to March 1 each year.

(c)

Residential uses. Dwelling units may be located within any building in the C-1 district; provided, no dwelling shall be located on the first floor. Off-street parking shall be provided at a ratio of at least one space per unit and located within 100 feet of the building in which the dwelling is located.

(a)

Parking, loading, and access requirements.

(1)

Parking lots shall be located no closer than 30 feet to the right-of-way line of E. Grand River Avenue or any interior street, as listed in the City of Portland Master Plan. Parking shall be located at least 15 feet from the Cutler Road right-of-way.

(2)

Required loading areas shall be located in the rear or side yard.

(3)

No lot shall have direct vehicular access from Cutler Road or E. Grand River Avenue; provided, where extreme topographic conditions exist and make interior access impractical, the planning commission may permit not more than one access along E. Grand River Avenue no closer than 200 feet to the nearest street intersection or existing driveway.

(4)

Parking lots shall be landscaped and screened in accordance with the requirements of this ordinance.

(b)

Building Requirements.

(1)

Materials.

a.

All exterior walls shall be clad in durable and maintainable materials. Any side of a building facing a public or private street shall be comprised of at least 30 percent of the following materials:

1.

Brick;

2.

Decorative concrete block;

3.

Cut stone;

4.

Horizontal clapboard siding; and

5.

Commercial grade horizontal vinyl siding (at least 0.44 gauge).

b.

In no case shall vertical siding, sheet metal, cement board, or EIFS be considered an acceptable building material on any side facing a public or private street.

c.

The planning commission may, in its sole discretion, deviate from the minimum percentages in the above design standards where the building design incorporates patterns and materials that provide visual interest through changes in color, material, or relief, such as the inclusion of beltlines, pilasters, recesses, and pop-outs.

(2)

Transparency.

a.

At least 40 percent of a building facade facing a public street must consist of windows and doors on the ground floor and at least 25 percent on all other floors.

b.

All buildings must have at least one useable door facing the front lot line. For corner lots, the door shall be on the street providing access to the site.

(3)

Articulation.

a.

Blank walls longer than 40 feet without windows shall not face a street.

b.

Building facades shall have massing changes and architectural articulation to provide visual interest and texture to avoid monotonous one-dimensional facades.

c.

Architectural design elements shall be incorporated into the building to add variety and interest. They may include, but are not limited to strong cornice lines, material texture, prominent corner features, strong and simplified building entries, window sills, lintels, overhangs, canopies or porticos, arcades, recesses and projections, arches, outdoor patios, and integral planters.

(4)

Projections.

a.

Except for eaves, awnings, balconies, bay windows, stoops, and ADA compliant ramps, as specified by this division, no part of a building may encroach into the required setback.

b.

Eaves and awnings may not project more than 2 feet from the main building wall into the required setback.

c.

Bay windows may not project more than 3 feet from the main building wall into the required setback.

d.

Stoops may not project more than 8 feet from the main building wall into the required setback.

(c)

Landscaping/screening.

(1)

Generally.

a.

Native vegetation, (indigenous trees, shrubs, wildflowers, grasses, and other plants) and low maintenance turf grasses shall be used to the greatest extent possible.

b.

Planting design near a building may use a broader palette of ornamental species; provided, plants shall be selected for low water and fertilizer requirements as well as ornamental value.

(2)

Parking lots.

a.

One canopy tree (minimum three inch caliper) and three understory shrubs shall be provided for every eight parking spaces, or portion thereof. Parking lot landscaping shall be located within parking lot islands or within 20 feet of the edge of the parking lot.

b.

An opaque hedge or solid masonry wall at least 36 inches high shall be installed along the length of any parking lot along Cutler Road.

(3)

Streetscape.

a.

The required parking setback area along E. Grand River Avenue and any interior street shall be landscaped and include, at a minimum, the following:

1.

One deciduous tree for every 30 feet of frontage along the street.

2.

One ornamental tree for every 50 feet of frontage along the street.

3.

One evergreen tree for every 50 feet of frontage along the street.

b.

The required parking setback area along Cutler Road shall be landscaped and include, at a minimum, the following:

1.

One deciduous tree for every 30 feet of frontage along the street.

2.

One evergreen tree for every 50 feet of frontage along the street.

c.

Required streetscape plantings may be clustered for effect to create a more natural appearance and stronger visual impact.

(4)

Screening.

a.

Dumpsters, utilities, and service areas shall be located within a side or rear yard and shall be screened from view from any street or residential district.

b.

Mechanical and electrical equipment, whether on a roof or next to a building, shall be screened from view.

(d)

Lighting.

(1)

Light fixtures shall be no taller than 30 feet and must be provided with cut-off fixtures that direct light downward and prevent light spill beyond the property.

(2)

Additional lighting standards found in section 8-10 shall be met.

(e)

Pedestrian connectivity. A pedestrian walkway meeting city standards shall be constructed within the right-of-way along the entire street frontage of the property.

(a)

In addition to the requirements of this article, all development in the business districts shall meet the applicable requirements as listed elsewhere in this ordinance or the city code.

(1)

Overlay Zone Requirements, see article 6

(2)

General Provisions, see article 8

(3)

Parking and Loading, see article 9

(4)

Landscaping and Buffering, see article 10

(5)

Special Use Requirements, see articles 12 and 13

(6)

Site Plan Review, see article 14

(7)

Subdivision Regulations, see chapter 16 (city code of ordinances)

(8)

Signs, see chapter 28 (city code of ordinances)

(b)

The following chart provides for application and review requirements for the business districts. No application shall be accepted unless in compliance with all the following requirements, unless specifically waived by the zoning officer.

The provisions of the Overlay Districts are in addition to those of the underlying zoning districts over which the Overlay District is superimposed. Lands within the Overlay are subject to both the requirements of the underlying zoning district and the Overlay District. In the case of conflicts between the Overlay and those of the underlying zoning district, the provisions of the Overlay shall control.

(a)

FP, Floodplain Overlay District. The Floodplain Overlay District is intended to promote the public health, safety, and general welfare; to minimize public and private losses in areas subject to flood hazards; and to preserve drainage basins by regulating construction in areas subject to flooding. The district is located as designated on the flood insurance rate map (FIRM) prepared by the Federal Emergency Management Agency.

(b)

GR, East Grand River Corridor Overlay District. The regulations of the East Grand River Corridor Overlay District are intended to accomplish the following purposes:

(1)

To preserve the vehicle capacity of E. Grand River Avenue by limiting and controlling the number, location, and design of access points; by requiring alternate access where feasible through shared driveways, service drives, and cross-streets; and to encourage the efficient flow of traffic by minimizing the disruption and conflicts between through traffic and vehicle turning movements.

(2)

To improve public safety and reduce the potential for vehicle crashes.

(3)

To avoid the proliferation of unnecessary curb cuts and, when opportunities arise, to eliminate or reconfigure existing access points that may not conform to the requirements of the Overlay.

(4)

To implement the recommendations of the City of Portland Master Plan.

(5)

To avoid unnecessary and costly reconstruction of streets, which can disrupt business operations and traffic flow.

(6)

To ensure efficient access by emergency vehicles.

(7)

To improve safety for pedestrians and other non-motorized travelers by reducing the number of conflict points along the corridor.

(8)

To establish uniform standards to ensure fair and equal treatment among property owners within the Overlay.

(a)

Floodplain Overlay.

(1)

This Floodplain Overlay District shall apply to all land depicted on the flood hazard boundary map/flood insurance rate map, as determined by the Federal Insurance Administration, including any subsequent amendments to that map.

(2)

Flood hazard areas shall be treated as an overlay district, which shall:

a.

restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion, or may increase flood levels or velocities;

b.

require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

c.

control the alteration of natural floodplains, stream channels, and natural protective barriers which contribute to the accommodation of floodwaters;

d.

control filling, grading, dredging, and other changes which may increase erosion or flood damage; and

e.

prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or increase flood hazards to other lands.

(b)

East Grand River Corridor Overlay.

(1)

The East Grand River Corridor Overlay District includes all lands between Cutler Road and Charlotte Hwy. which have frontage on E. Grand River Avenue or are within 200 feet of the right-of-way line on either side of E. Grand River Avenue and have direct or indirect access to that road, except those lands occupied by and zoned for single-family dwellings on a single lot.

(2)

The regulations of this ordinance shall apply only in the following circumstances:

a.

The erection of a new building or structure.

b.

The reconstruction, demolition, rehabilitation, or expansion of an existing building or structure exceeding 50 percent of the gross floor area of the existing building.

c.

A proposed platted subdivision or site condominium.

d.

The construction or expansion of an off-street parking lot.

e.

Any other change of land use which will result in an increase in expected average daily trip generation significant enough to cause the site to be included in a higher trip generation intensity category, such as from the low category to the medium category or from the medium category to the high category, as shown in the following table:

The following abbreviations apply to the table of uses:

P - Permitted use: Land and/or buildings in this district may be used for the purposes listed by right.

SLU - Special land use: The following uses may be permitted by obtaining special land use approval when all applicable standards cited in article V of this ordinance are met.

(a)

Floodplain Overlay District. All new construction and substantial improvement to structures shall be constructed so that the lowest floor, including basements, for residential structures shall comply with section 327 of the Michigan Residential Code or for nonresidential buildings shall comply with section 1612 of the state construction code.

(1)

Any new and replacement water systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. On-site waste disposal systems are to be located to avoid impairment to them or contamination from them during flooding.

(2)

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Greater floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made as a result of administering this section.

(3)

When base flood elevation data has not been provided on an official flood hazard boundary map, the zoning administrator, shall obtain, review, and reasonably utilize any base flood elevation data available from an authoritative federal, state, or other source.

(4)

Responsibilities of the zoning administrator shall be as follows:

a.

notify adjacent communities and the Michigan Department of Environment, Great Lakes, and Energy prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

b.

obtain necessary engineering analysis to assure that the flood-carrying capacity with the altered or relocated portion of said watercourse is maintained; and

c.

review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.

(5)

For the purpose of determining applicable flood insurance risk premium rate, the zoning administrator shall:

a.

obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and determine whether or not such structures contain a basement;

b.

obtain from a registered professional engineer or architect, certification that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood so that the structure is watertight to the base flood level; and

c.

maintain a record of all such information.

(6)

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the zoning administrator shall make the necessary interpretation and may consult the city engineer. The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in this ordinance.

(7)

No new construction, substantial improvement, or other development (including fill) shall be permitted within the zones A1-30 of the city's flood insurance rate map (FIRM), unless it is demonstrated to the zoning administrator that the cumulative effect of the proposed development will not increase the water surface elevation of the base flood more than one foot at any point within the city.

(8)

The amount of required off-street parking spaces for individual uses shall be determined in accordance with the requirements of the uses allowed in the underlying zoning district and shall meet the dimensional requirements of article 9 of this ordinance.

(b)

East Grand River Corridor District.

(1)

Access requirements.

a.

Maximum extent. For expansion and/or redevelopment of existing sites where the city determines that compliance with all the requirements of this section is impractical or unreasonable, the requirements shall be applied to the maximum extent possible. In these situations, suitable alternatives that substantially achieve the purpose of this overlay district may be accepted by the planning commission; provided, that the applicant demonstrates that all of the following apply:

1.

The size of the parcel is insufficient to meet the dimensional standards;

2.

The spacing of existing adjacent driveways or environmental constraints prohibit adherence to the access standards at a reasonable cost;

3.

The use will generate less than 500 total vehicle trips per day or less than 75 total vehicle trips in the peak hour of travel on E. Grand River Avenue, based on the most recent rates developed by the Institute of Transportation Engineers; and

4.

There is no other reasonable access alternative.

b.

Number of driveways.

1.

In commercial, industrial, or multifamily developments, access to a parcel may be required to consist of either a single two-way driveway or a pair of one-way driveways wherein one driveway is designed and appropriately signed to accommodate ingress movements and the other egress movements.

2.

Where parcel frontage is insufficient to provide a driveway meeting the minimum driveway width and radii standards of this ordinance, a shared driveway or other means of access may be required.

3.

Where a parcel has frontage along two streets, access shall be provided only along the street with the lower average daily traffic volume, unless the planning commission determines this would negatively affect traffic operations or surrounding land uses.

4.

Where the property has continuous frontage of over 300 feet and the applicant can demonstrate, using the Institute of Transportation Engineers Trip Generation Manual or another accepted reference, that a second access is warranted, the planning commission may allow an additional access point in compliance with the separation requirements of this overlay district.

c.

Shared access, frontage roads, parking lot connections and rear service drives.

1.

Shared use of access between two or more property owners may be required where frontage dimensions are less than 300 feet, at locations with sight distance problems, and/or along roadway segments experiencing congestion or accidents. Such shared arrangement may include use of driveways constructed along property lines, connecting parking lots, or constructing frontage roads or rear service drives. In these cases, shared access of some type may be the only access design allowed.

2.

In cases where a site is adjacent to an existing frontage road, parking lot of a compatible use, or rear service drive, a connection to the adjacent facility shall be required by the planning commission, where feasible.

3.

In cases where a site is adjacent to undeveloped property, the site shall be designed to accommodate a future frontage road, parking lot connection, and/or rear service drive.

4.

The applicant shall provide the zoning administrator with irrevocable letters of agreement or access easements from all affected property owners.

5.

Frontage roads, rear service drives, and drives connecting two or more parking lots shall be constructed in accordance with the following requirements:

i.

Pavement width shall be a maximum of 30 feet, measured from face of curb to face of curb; intersection approaches may be widened to 39 feet for a left turn lane;

ii.

Frontage roads shall have a setback of at least 30 feet between the outer edge of pavement and the E. Grand River right-of-way line, with at least 60 feet of uninterrupted stacking space at the intersections; and

iii.

Parking along or which backs into a frontage road shall be prohibited.

d.

Setback from property lines. Driveways, frontage roads, and rear service drives shall be no closer than 10 feet from a property line, except in the case of shared access overlapping property lines.

e.

Adequate sight distance and driveway spacing.

1.

Requirements for minimum intersection spacing or corner sight distance for driveways shall be in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines defined in ordinance 9 of A Policy on Geometric Design of Highways and Streets. 1994.

2.

The planning commission may require driveway locations to be adjusted where there is evidence regarding inadequate sight distance.

3.

Driveway spacing from intersections shall be measured from the centerline of the driveway to the nearest edge of the intersecting street's right-of-way line.

4.

In order to preserve intersection operations and safety, the minimum distance between a driveway and an intersecting street right-of-way shall be based on the following:

i.

For intersections experiencing congestion (peak hour operations at level of service "E" or "F" for one or more movements) or five or more traffic accidents annually, no driveway shall be constructed within 150 feet from the intersection. Where this spacing cannot be provided, driveways restricted to "right-turn in, right-turn out only" movements may be allowed, with a minimum spacing of 75 feet from the intersecting street right-of-way;

ii.

Driveways shall be spaced a minimum of 150 feet from signalized intersections. Where this spacing cannot be provided, driveways designed for "right-turn in, right-turn out only" movements may be allowed, with a minimum spacing of 75 feet from the intersecting street right-of-way; and

iii.

For locations other than those addressed by subsection i and ii above, minimum spacing requirements between a proposed commercial driveway and an intersection either adjacent to the property or on the opposite side of the street may be set on a case-by-case basis, but in no instance shall be less than 100 feet.

f.

Driveway spacing from other driveways.

1.

Driveway spacing from other driveways shall be measured from the centerline of each driveway at the point where it crosses the street right-of-way line.

2.

Minimum driveway spacing from other driveways along the same side of E. Grand River Avenue shall be determined based on posted speed limit on the abutting street segment, as specified in the following table.

3.

To reduce left-turn conflicts, new driveways shall be aligned with those across the street, where possible. If alignment is not possible, driveways shall be offset a minimum of 125 feet from those on the opposite side of the street. These requirements may be reduced by the planning commission in cases where compliance is not possible.

g.

Directional driveways, divided driveways, and deceleration tapers.

1.

Directional driveways, divided driveways, and deceleration tapers and/or by-pass lanes shall be required by the planning commission where they will reduce congestion and accident potential for vehicles accessing the proposed use or site. The city engineer shall determine the need for acceleration and deceleration lanes.

2.

The typical driveway design shall include one ingress and one egress lane, with a combined maximum throat width of 30 feet, measured from face to face of curb.

3.

Wherever the planning commission determines that traffic volumes or conditions will cause significant delays for traffic exiting left, two exit lanes will be required.

4.

For one-way paired driveway systems, each driveway shall be at least 12 feet wide, measured perpendicularly; provided, if two egress lanes are installed, the egress drive shall be at least 22 feet wide.

5.

In areas with regular pedestrian traffic, the exit and enter lanes shall be separated by a median with a maximum width of 10 feet.

6.

Driveways shall be designed with a 25-foot radius or a 30-foot radius where frequent semi-truck traffic is expected.

h.

Driveway storage. Driveway storage shall be determined by the city based on traffic volumes and conditions. A minimum of 40 feet of driveway storage shall be provided to accommodate vehicle queueing. The planning commission may require a greater length based on anticipated peak hour demands. Driveway storage shall be measured from the right-of-way line.

(2)

Building Design Standards.

a.

Any side of a building facing East Grand River Avenue shall be:

1.

comprised of at least 25 percent windows on each floor;

2.

comprised of at least 25 percent of the following materials:

i.

Brick;

ii.

Decorative concrete block;

iii.

Cut stone;

iv.

Horizontal clapboard siding;

v.

Commercial grade horizontal vinyl siding (at least 0.44 gauge); and

vi.

Architectural sheet metal that lends to the aesthetic appearance of a structure by incorporating architectural accents or design elements.

3.

The planning commission may, in its sole discretion, deviate from the minimum percentages in the above design standards where the building design incorporates patterns and materials that provide visual interest through changes in color, material, or relief, such as the inclusion of beltlines, pilasters, recesses, and pop-outs.

b.

Lighting must comply with the provisions of section 8-10, in addition to the provisions noted below:

1.

Off-street parking areas shall be adequately lit to ensure security and safety;

2.

Light fixtures shall use light cut-off fixtures that direct light downward. Lighting may not be attached to buildings or other structures that permit light to be directed horizontally;

3.

Lighting may only illuminate the parking lot or other areas approved for illumination by the planning commission; and

4.

Canopy lighting must be recessed into the canopy surface.

(3)

Landscaping Requirements. The site shall be landscaped and buffered in accordance with the requirements of article 10.

(a)

In addition to the requirements of this article, all development in the overlay districts shall meet the applicable requirements as listed elsewhere in this ordinance or the city code of ordinances.

(1)

General Provisions, see article 8

(2)

Parking and Loading, see article 9

(3)

Landscaping and Buffering, see article 10

(4)

Special Use Requirements, see articles 12 and 13

(5)

Site Plan Review, see article 14

(6)

Subdivision Regulations, see chapter 16 (city code of ordinances)

(7)

Signs, see chapter 28 (city code of ordinances)

(b)

The following chart provides for application and review requirements. No application shall be accepted unless in compliance with all the following requirements, unless specifically waived by the zoning officer.

Traditional zoning, with its segregation of uses and rigid dimensional requirements may not be suitable in all situations to best achieve the city's objectives relative to desired land use and preservation of its resources and character. In order to permit and encourage more creative and innovative land development for the benefit of the community as a whole and in furtherance of the vision and goals of the City of Portland Master Plan, PUD may be permitted as a zoning district to achieve the following purposes:

(1)

provide for flexibility in development that will result in a better project for the developer, residents, and users, as well as for the city, in general;

(2)

preserve existing natural assets, such as stands of trees, floodplain, open fields, wetlands, rivers, and the like;

(3)

accomplish a more desirable and sustainable residential environment than would be possible through the strict application of minimum requirements of this ordinance;

(4)

encourage the utilization of open space and the development of recreational amenities within reasonable walking distance of all living units;

(5)

encourage the use of lands in ways which are most in accord with their character and adaptability; and

(6)

encourage the efficient use of land by facilitating economical and suitable arrangements for buildings, streets, utilities, and other land use features.

At a minimum, all proposed PUDs shall meet the following criteria, as applicable, to be considered for approval:

(1)

Location. Planned unit developments may be located in any part of the city, subject to meeting all other applicable requirements.

(2)

PUD Purpose. The applicant shall demonstrate that the PUD will achieve three or more of the purposes listed in section 7-1.

(3)

Master Plan. The proposed use(s) within the PUD shall be consistent with the City of Portland Master Plan.

(4)

Size. The minimum site size for a PUD shall be based on the type of development, as shown in the following table. Churches, public or private schools, public buildings, and recreational amenities such as golf courses and health clubs, and their ancillary commercial uses such as club houses and pro shops, shall not be considered non-residential uses for purposes of this condition.

(5)

Housing Variety. A residential PUD shall contain a variety of housing types and/or lot sizes to provide for varying lifestyles, diversity, and affordability.

(6)

Utilities. The PUD shall be served by public water and sanitary sewer facilities.

(7)

Ownership and Control. The tract(s) of land for which a PUD application is submitted must be either in single ownership or the subject of an application filed collectively by all owners of the property. Each property owner, or their agent, must sign the PUD application.

(8)

Recognizable Public Benefit. The PUD shall achieve recognizable and substantial benefits that may not be possible under the existing zoning classification(s). At least two of the following benefits shall be accrued to the community as a result of the proposed PUD:

a.

Preservation of significant natural features,

b.

A complementary mix of land uses or housing types,

c.

Preservation of common open space beyond the minimum required,

d.

Connectivity of preserved open space with adjacent open space, greenways or public trails,

e.

Coordinated redevelopment of multiple lots or parcels,

f.

Removal or renovation of deteriorating buildings, sites, or contamination clean-up.

(a)

Any use permitted by right or by special land use allowed in any district may be permitted in a PUD; provided, all objectives and standards of this article are determined to be met and there is compliance with the procedures of this article.

(b)

Residential and non-residential uses may be permitted in combination to create an integrated, mixed-use development based upon the recommendations of the City of Portland Master Plan.

(c)

Approval of a PUD shall include identification of the specific uses proposed within the PUD, and only those uses so approved shall be permitted.

(a)

Minimum Lot Size and Zoning Requirements. Lot area, width, setbacks, height, lot coverage, minimum floor area, parking, landscaping, lighting and other requirements applicable to the zoning district corresponding to the proposed use in the following table shall apply to all such uses within a PUD, unless modified in accordance with the provisions of section 7-4(b). Within a PUD, the minimum buffer requirements between dissimilar uses, as specified in section 10-5, shall not apply; provided, the planning commission or city council may require separation or buffering of uses as a condition of concept plan approval.

(b)

Modification of Minimum Requirements. Regulations applicable to a land use in the PUD district may be altered from the requirements specified in the above table, including modification of the lot area and width, lot depth, building setbacks, height, lot coverage, signs, and parking.

1.

However, a reduction in lot size shall not result in an increase in the number of dwellings otherwise permitted by the applicable zoning district, unless a density bonus is also granted in accordance with subsection (c) below. In the absence of a density bonus, land gained by the reduction in lot sizes shall be added to the open space required within the PUD.

2.

The applicant for a PUD shall identify, in writing, all proposed deviations from the zoning district requirements. Modifications may be approved by the city council during the conceptual plan review stage, after planning commission recommendation. Adjustments to the minimum requirements may be permitted only if they will result in a higher quality and more sustainable development, consistent with the purpose of the PUD district, as expressed in section 7-1.

(c)

Density Bonus. In addition to the modification of minimum requirements permitted in section 7-4 (b), the city council, after planning commission recommendation, may permit an increase in the total number of residential units otherwise allowed within a PUD. If requesting a density bonus, the applicant shall submit a parallel plan, drawn to scale, as part of the conceptual PUD plan. The parallel plan shall show a feasible layout, meeting all applicable zoning requirements of the corresponding zoning district to establish the base density that would otherwise be permitted. Consideration of a density bonus shall be based on demonstrating that the following will be achieved:

1.

The appearance and construction will result in a development of high quality, as evidenced by the innovative design and primary use of building materials such as stone, masonry, wood, or hardie-plank;

2.

Amenities, beyond the minimum required open space, will be provided to create a more sustainable community and desirable living environment; and

3.

At least three (3) of the following will be included within the development:

a.

Dedicated common open space is provided in excess of the minimum required, per section 7-4 (d).

b.

One or more parking structures are proposed within a mixed-use or nonresidential PUD to meet the minimum parking requirements of this ordinance.

c.

One or more LEED-certified buildings will be constructed.

d.

Significant natural features, including stands of protected trees, will be preserved and/or substantial landscaping beyond the minimum requirements will be incorporated into the development.

e.

Decorative pavers or similar aesthetic enhancements will be incorporated into the vehicular and pedestrian circulation system.

f.

A commercial and/or office component is proposed within the PUD.

g.

Roof pitches greater than 6:12 will be incorporated into the residential design.

h.

Three or more public benefits, as identified in section 7-2 (8), will be achieved.

(d)

Open Space. All PUDs shall, at a minimum, meet the following requirements:

(1)

Common open space. All land within a development that is not devoted to a principal or accessory use, street right-of-way, or is otherwise excluded by subsection (d)(2) shall be set aside as common land for visual amenities, recreation, or conservation.

(2)

Areas not considered open space. The following land areas shall not be considered open space for the purposes of meeting minimum open space requirements:

a.

Area proposed as one-family residential lots or site condominium units;

b.

Any platted lot, site condominium unit, or described parcel intended to be occupied by a building, structure, or parking lot not accessory to a designated open space area or use;

d.

The area of any street right-of-way or private street easement;

e.

Any submerged land area of a pond, lake, or river; provided, up to 50 percent of protected wetlands and stormwater basins designed as an integral part of the landscape may be counted toward the minimum required open space;

f.

Golf courses;

g.

Parking and loading areas, except those exclusively associated with a recreation facility or common open space area; and

h.

Any other undeveloped areas not meeting the intent and standards for open space stated in this section, as determined by the city council.

(3)

Open space location. Common open space shall be planned in locations visible and accessible throughout the development. The common open space shall be centrally located, designed to preserve natural features, located to buffer adjacent uses, and/or located to connect open spaces throughout the development; provided, at a minimum, the following areas shall be included within the open space area:

a.

Open space shall be situated to maximize the preservation of any existing site woodlands;

b.

A minimum 50-foot wide undisturbed open space setback shall be maintained from the edge of any river or wetland; provided, the city council may permit trails, boardwalks, observation platforms, or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback;

c.

Where adjacent land includes open space, public land, or existing or planned bike paths, open space connections shall be provided between the site and adjacent open space. Trails between adjoining open space development shall be constructed to allow future interconnection between neighborhoods; and

d.

Where a linear dedicated open space abuts the rear yards of any lots, it shall have a minimum depth of 150 feet from such rear lot lines; provided, city council may allow a lesser dimension specifically to accommodate trail or pathway connections.

(4)

Open space protection. The dedicated open space shall be set aside in perpetuity by the developer through a conservation easement or other legal instrument approved by the city attorney. The conservation easement or other legal instrument shall assure 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.

(5)

Allowable uses. Allowable uses of the dedicated open space shall be indicated in the conservation easement or other legal instrument which shall prohibit the following:

a.

Dumping or storing of any material or refuse;

b.

Activity that may cause risk of soil erosion or threaten any living plant material;

c.

Cutting or removal of live plant material, except for removal of dying, diseased, or invasive vegetation;

d.

Use of motorized off-road vehicles;

e.

Cutting, filling, or removal of vegetation from wetland areas; and

f.

Use of pesticides, herbicides, or fertilizers on or within 25 feet of wetlands.

(6)

Recreation or conservation use. Nothing herein shall prevent the conveyance of open space to a public agency or other nonprofit entity for recreation or conservation use, if accepted by such agency or entity.

(7)

Maintenance requirements. Provisions for maintenance of the open space shall be provided in the PUD agreement. In the event the open space is not adequately maintained or otherwise determined by the city manager to be a public nuisance, the city may, at its sole discretion, cause such maintenance to be performed and shall assess the maintenance costs upon the owners of the open space.

(a)

Overview of PUD Review and Approval Process. The PUD review and approval process includes the following three steps:

(1)

Pre-Application. Pre-application conference with city staff and consultants to discuss the PUD concept, eligibility criteria, and the review process.

(2)

Concept Plan.

a.

Planning commission reviews PUD concept plan and schedules public hearing;

b.

Planning commission public hearing; review and recommendation on PUD rezoning and PUD concept plan; and

c.

City council public hearing; approval of PUD rezoning and PUD concept plan, and PUD Agreement.

(3)

Final PUD Plan.

a.

Planning commission reviews final site plan;

b.

Planning commission acts on final site plan.

(b)

Preapplication meeting.

(1)

An applicant desiring to submit an application for a PUD shall first schedule a preapplication meeting.

(2)

The purpose of the preapplication meeting is to determine general compliance with PUD eligibility and design requirements, and to identify issues of significance regarding the proposed application.

(3)

If the applicant proceeds with the PUD application, a report on the findings of the preapplication meeting shall be forwarded to the planning commission.

(c)

Application. The applicant shall prepare and submit a request for PUD rezoning, including a conceptual PUD site plan and application fees. The conceptual site plan shall comply with the requirements of section 14-3 for a preliminary plan. Incomplete applications will not be accepted and will not be processed or forwarded to the planning commission. Completed materials shall be submitted, as required, prior to the scheduled meeting at which the planning commission shall first review the request. This meeting will provide an initial opportunity to discuss the PUD concept, provide feedback, and identify additional materials that may be needed to support the proposal or address potential concerns.

(d)

Planning commission public hearing. Following the initial review meeting, the planning commission shall conduct a public hearing in accordance with the requirements of Zoning Act to formally review the rezoning request and conceptual PUD site plan.

(e)

Planning commission recommendation. The planning commission shall review the concept PUD site plan in consideration of public hearing comments; technical reviews from city staff, consultants, and applicable review agencies; and compliance with the standards and requirements of this article and ordinance. Following its review, the planning commission shall make a recommendation to the city council to approve, approve with conditions, or deny the request based on the standards of section 7-7.

(f)

City council decision. Following receipt of the planning commission's recommendation, the rezoning and conceptual PUD site plan shall be considered by the city council. Prior to making its decision, the council shall conduct a public hearing, notice of which shall be provided in accordance with the requirements of the Zoning Act.

(1)

Approval or approval with conditions:

a.

Upon determination that a PUD site plan is in compliance with the standards of section 7-7, other applicable requirements of this ordinance, and other applicable ordinances and laws, the city council shall approve the conceptual PUD site plan.

b.

Approval of the conceptual PUD plan shall constitute approval of the rezoning; and the zoning map shall be changed by ordinance to indicate the zoning of the property as PUD.

c.

The city council may impose reasonable conditions with the approval of a PUD. Conditions of any approval are attached to the land and will remain through subsequent owners. Upon receiving approval with conditions, the applicant shall submit a revised PUD conceptual site plan that demonstrates compliance with the conditions.

d.

If the PUD is approved or approved with conditions, the applicant shall submit a PUD Development Agreement in accordance with the requirements of section 7-6.

(2)

If council determines that a PUD rezoning request does not comply with the required provisions of this ordinance or necessitates extensive revision in order to comply, the request shall be denied. Resubmittal of a denied application shall be considered a new application.

(g)

Final PUD Plan. Final site plan shall be submitted for review and approval to the planning commission in accordance with the site plan review provisions of article 14 of this ordinance. If a proposed PUD is to be constructed in two or more phases, final site plan approval may be considered for individual phases; provided, a complete plan for the entire development was first given conceptual plan approval and that each subsequent phase shall be subject to final site plan approval and is consistent with the approved conceptual PUD plan. The planning commission may require additional information beyond what is otherwise required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.

(h)

Review Standards. In addition to the site plan review standards of section 14-6, the planning commission shall determine that the final PUD plan is consistent with the approved conceptual PUD plan and satisfies all standards specified in section 7-7.

The applicant shall submit an agreement stating the conditions upon which approval is based, for review and approval by the city council. The agreement, after review by the planning commission and approval by the city council, shall be entered into between the city and the applicant and be recorded with the Iona County Register of Deeds. At a minimum, the agreement shall include:

(1)

A certified boundary survey of the acreage comprising the proposed development;

(2)

The manner of ownership of the developed land and of dedicated open space and common areas, including the mechanism to protect and maintain all areas designated as common areas or open space;

(3)

Assurance that those open space and common areas shown on the plan for use by the public, users, or residents of the development will be or have been irrevocably committed for that purpose. The city may require conveyances or other instruments for this purpose;

(4)

Satisfactory provisions shall be specified for the future financing of any general improvements shown on the plan including, but not limited to, streets, utilities, stormwater management systems, landscaping, lighting, sidewalks, pathways, open space areas, and common areas which are to be included within the development. Mechanisms for on-going maintenance of such improvements shall be specified. The city council may require a performance guarantee, in accordance with the provisions of section 18-3, to assure the installation of such improvements;

(5)

Provisions to ensure adequate protection of natural features; and

(6)

A copy of the approved conceptual PUD site plan signed by the applicant and the mayor or appointed designee.

In considering a PUD request, the planning commission and/or city council, as applicable, shall find that the proposed development meets all applicable requirements of this ordinance and other city regulations, as well as the following general standards:

(1)

Purpose of PUD. The proposed development shall be consistent with the stated Purpose of this district, as found in section 7-1.

(2)

Eligibility Criteria. The proposed development shall satisfy each of the Eligibility Criteria, as stated in section 7-2.

(3)

Master Plan. The PUD shall be consistent with the recommended future land use patterns, goals, and relevant recommendations contained in the City of Portland Master Plan.

(4)

Surrounding Uses. The development shall be compatible with the existing and intended uses surrounding the subject property.

(5)

Natural Environment. The design and layout of the PUD shall be harmonious with the natural character of the site and surrounding area and shall employ best management practices to ensure their conservation.

(6)

Public Facilities and Services. The proposed development shall not place undue burden on the capacity of public facilities and services such as, but not limited to, streets, fire and police protection, water, sanitary sewer service, and drainage.

(7)

Health, Safety and Welfare. The PUD shall not contain uses or conditions of use that may be injurious to the public health, safety, or welfare.

(8)

Consistent with All Applicable Standards and Requirements. The proposed development shall conform to all applicable requirements of this ordinance, unless specifically modified and approved, as authorized by section 7-4 (b).

(9)

Final Site Plan. The final site plan is substantially consistent with the representations made and plans shown during the prior conceptual plan stage of approval.

(10)

Recognizable and Substantial Benefits. Approval of the PUD will result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts. The development shall provide two (2) or more of the benefits specified in section 7-2 (8).

(a)

Final site plan. A final site plan, including all required information and details, shall be submitted to the zoning administrator within two years of the date of city council's action approving the conceptual PUD plan and rezoning. One extension of up to 12 months may be granted by the planning commission; provided the request for extension is submitted in writing by the applicant prior to the expiration of the initial two-year period. If a final site plan for at least the first phase of the project is not submitted within the specified time period or approved extension, the approved conceptual PUD plan shall become null and void and a new PUD application shall be filed and processed accordingly. Upon expiration of the conceptual plan, the planning commission or city council, at its sole discretion, may initiate rezoning of the property from PUD to its former or other zoning classification.

(b)

Construction. Approval of the final site plan by the planning commission shall expire 24 months after the date of that approval unless substantial construction has been commenced and is continuing. One extension of up to 12 additional months may be granted by the planning commission, if requested in writing by the applicant prior to the expiration of the initial one-year period. If meaningful construction has not commenced and been diligently carried on within the specified time period or approved extension, the approved PUD final plan shall become null and void and a new PUD application shall be required in accordance with the requirements of section 7-5. In such case, the PUD zoning district would remain unless the city council initiates rezoning of the subject property to another zoning classification.

(a)

Approval. Approval of the final site plan confers upon the zoning administrator the authority to approve certain minor deviations when an applicant or landowner notifies the zoning administrator, in writing, of the proposed amendment to the approved plan, accompanied by a site plan illustrating the proposed change. The request shall be received prior to initiating any construction in conflict with the approved final plan.

(b)

Procedure. Within 14 days of receipt of a request to amend the site plan, the zoning administrator shall determine whether the change is major, warranting review by the planning commission, or minor, allowing administrative approval, as noted in subsection (c) of this section.

(c)

Minor changes. The zoning administrator may approve the proposed revision upon finding the change would not alter the approved design or provisions of the PUD agreement, would not reduce the area devoted to open space, and all applicable regulations of this ordinance will be met. The zoning administrator shall inform the planning commission and city council of the approval in writing.

(d)

Minor change determination. The zoning administrator shall consider the following when determining a change to be minor:

(1)

For residential buildings, the square footage of structures may be reduced or increased by 10 percent of the originally approved area; provided, the overall density of units does not increase, the minimum square footage and parking requirements are met, and the buildings do not extend into any required open space or required setback;

(2)

Gross floor area of nonresidential buildings may be reduced or increased by up to 10 percent or 2,000 square feet, whichever is less, of the originally approved area; provided, parking requirements are met and the building does not extend into any required open space or required setback;

(3)

Change in floor plans if consistent with the character of the approved use;

(4)

Relocation of a building by up to 20 feet, if consistent with required setbacks, open space, and other requirements;

(5)

Height of buildings may be lowered;

(6)

Designated woodlands or areas not to be disturbed may be increased;

(7)

Replacement or substitution of plantings on the approved landscape plan with comparable materials of equal or better quality;

(8)

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing or pedestrian/bicycle paths;

(9)

Change in location, but not number, of access points to perimeter streets by no more than 50 feet and any change to interior street pattern or intersections;

(10)

Changes of building materials to another of equal or higher quality, as determined by the building official;

(11)

Grade change of up to one foot, after review by the city engineer;

(12)

Modification of entry design, sign placement or reduction in size of signs, which is consistent with the intent of the approved PUD plan;

(13)

Internal rearrangement of parking lots which does not affect the number of parking spaces or significantly alter access locations or design;

(14)

Changes to the location of accessory buildings or structures, if compliant with the applicable ordinance requirements; and

(15)

Changes required or requested by the city, county or state for safety reasons.

(e)

Major changes. Where the zoning administrator determines that a requested amendment to the approved site plan is major, resubmittal to the planning commission shall be required. Should the planning commission determine that the modifications are inconsistent with the approved concept PUD plan, a revised concept site plan shall be submitted according to the procedures outlined in this article, including public hearings and city council approval. In all cases, a change in use to a more intensive use than approved in the concept PUD plan shall be considered major and require resubmission of a new concept PUD plan.

PUDs in existence prior to the date of adoption of this ordinance shall conform to the prior approved final PUD plans. However, any expansion, alteration, or amendment of the approved plans or the terms of the development agreement that constitute a major change, as defined in section 7-9, or any subsequent phase for which a final site plan was not approved shall be subject to the applicable requirements of section 7-5.

The zoning board of appeals shall have no jurisdiction or authority to consider an appeal from any PUD determination or decision or any part thereof; nor shall the board have authority to grant variances for or with respect to a PUD. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the PUD; provided, the variance does not involve alterations to open space areas as shown on the approved PUD final plan or land outside the boundary of the lot and otherwise meets the review standards applicable to consideration of variance requests.