Sparta Township City Zoning Code
PLANNED UNIT
DEVELOPMENTS PUDS
§ 154.095 PURPOSE AND OBJECTIVES.
(A) The purpose of the Planned Unit Development Zoning District (“PUD”) is to encourage and allow a variety of uses to be located within one zoning district on the same site as such developments would not be allowed under traditional zoning regulations whose purpose is to separate differing uses by zones. The Planned Unit Development Zoning District is not intended for single use residential developments but for projects with a mix of dwelling unit types, residential and non-residential uses or larger non-residential uses that are otherwise not specifically authorized by this chapter.
(1) A PUD is intended to allow substantial flexibility in planning and designing a project. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls.
(2) Through proper planning and design, each planned unit development should include features that further, and are in compliance with, the following goals and objectives.
(B) (1) It will allow a mix of uses, structures, facilities, housing types and open space in a manner compatible with existing and planned uses on nearby properties.
(2) It will allow for the design of developments that achieves better utilization of land than is possible through strict application of standard zoning and subdivision controls.
(3) It encourages land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic conditions, and does not adversely affect wetlands, floodplains, the natural drainage pattern drainage and other natural site features.
(4) It promotes the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources.
(5) It promotes further creativity in design and construction techniques.
(6) It will provide for the regulation of legal land uses not otherwise authorized within this chapter.
(7) It will provide for single non-residential or mixed use developments that respect the goals and objectives of the township’s Master Plan.
(Ord. passed 7-12-2012, § 11.1)
§ 154.096 AUTHORIZATION AND PROCEDURES.
Except for those lands recommended for Prime Agriculture use in the township’s Master Plan, a Planned Unit Development Zoning District may be approved by the Township Board in any location within the township in accordance with the procedures, regulations and standards of this subchapter.
(Ord. passed 7-12-2012, § 11.2)
§ 154.097 PERMITTED USES.
Land and buildings in a PUD may only be used for the following uses or combination of such uses:
(A) Single- and two-family dwellings, multi-family dwellings, and townhouses are permitted, but only if combined with a different dwelling unit type or a non-residential use as part of a unified PUD development. A PUD that proposes only a single type of dwelling (such as all single-family dwelling) shall not be permitted;
(B) Multi-family dwellings as a single use project;
(C) Any use permitted by right in the C-1, General Commercial, C-2, Highway Commercial, I-1, Light Industrial, or I-2, Heavy Industrial Zoning Districts;
(D) Any special use permitted in the C-1, C-2, I-1 or I-2 Zoning Districts when specifically authorized by the Township Board following a recommendation from the Planning Commission; and
(E) Any legal land use not specifically authorized by this chapter that the Township Board determines would satisfy the purpose and objectives of this subchapter.
(Ord. passed 7-12-2012, § 11.3)
§ 154.098 QUALIFYING CONDITIONS.
(A) Minimum parcel size. In order to be eligible for PUD rezoning, the area proposed for rezoning to PUD shall consist of a minimum of two acres except, in the case of a multiple-family dwelling project whereby the minimum area requirement shall be one acre. In areas recommended in the township’s Master Plan for Rural Agricultural and Low Density Residential, the minimum parcel size shall be five acres.
(B) Unified control. The proposed development shall be under unified ownership or control such that there is one person, group of persons or legal entity shall have responsibility for the completion and ongoing maintenance of the development in compliance with this chapter. This requirement for unified ownership or control shall not prohibit a transfer of ownership or control, so long as there is still unified ownership or control of and for the development as required by this chapter.
(Ord. passed 7-12-2012, § 11.4)
§ 154.099 DEVELOPMENT REGULATIONS.
(A) Modifications of existing regulations. The lot area, lot width, building height, dimensional, setback, and yard requirements, general provisions, and parking regulations contained in this chapter that would apply for the zoning district in which the uses or uses proposed are normally allowed shall be met except that the Township Board following a recommendation from the Planning Commission may increase, decrease or otherwise modify these regulations, as may be requested by the applicant, in order to achieve the goals and objectives of this subchapter; however, all development shall comply with the density requirements and setback requirements detailed in § 154.080. Other criteria that shall be used in making these determinations shall include the following:
(1) Whether the modifications requested will result in a project that better satisfies the intent and objectives of this subchapter;
(2) The modification shall be compatible with adjacent existing and future land uses and shall not significantly adversely affect the use and enjoyment of nearby property;
(3) The modification will result in the preservation of existing vegetation or other natural features on site;
(4) The modification is necessary due to topography, natural features or other unusual aspects of the site;
(5) The modification will improve or not impede emergency vehicle and personnel access;
(6) The modification will improve or not impede adequate pedestrian circulation; and
(7) The modification shall not result in traffic or other safety hazards; shall not result in visual blight, distraction or clutter; and shall not otherwise result in a detriment to the public health, safety or general welfare.
(B) The proposed development shall also comply with the requirements of § 154.072.
(Ord. passed 7-12-2012, § 11.5; Ord. 2022-1, passed 1-13-2022)
§ 154.100 DEVELOPMENT REQUIREMENTS FOR RESIDENTIAL USES.
For planned unit developments that will devote all or a portion of the site to residential use, the following requirements shall apply in addition to the other applicable requirements of this subchapter.
(A) (1) The permitted number of dwellings for the proposed PUD area shall be as regulated by § 154.079 of this chapter. If the area proposed for PUD zoning is not master planned for any specific residential density, the density and number of dwellings permitted shall be determined by the Township Board following a recommendation by the Planning Commission.
(2) In making this determination, the Planning Commission and Township Board shall take into consideration the density recommended for the surrounding lands, the nature of the existing land uses nearby, the type and number of dwellings proposed by the applicant and the intent and objectives of this subchapter.
(B) Dwelling units should be arranged so that they are compatible with non-residential uses on the site.
(Ord. passed 7-12-2012, § 11.6)
§ 154.101 MINIMUM DEDICATED OPEN SPACE REQUIREMENTS.
A PUD shall provide and maintain the minimum amount of dedicated open space in accordance with the requirements of § 154.075 of this chapter; except that, the open space requirements along the existing road abutting the site may be modified by the Planning Commission if non-residential uses abut the roadway. If the project does not contain any residential uses, then a minimum of 5% of the site shall be dedicated open space. This space may preserve or enhance a specific natural feature of the site or may consist of a central community square or squares that could be utilized for gatherings, civic functions, passive recreation such as picnicking or strolling or similar uses. This space shall be separate from and in addition to any landscaping requirements of this chapter.
(Ord. passed 7-12-2012, § 11.7)
§ 154.102 STANDARDS FOR APPROVAL.
(A) General standards.
(1) Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community and the benefit would otherwise be unfeasible or unlikely to be achieved.
(2) The PUD will not result in a significant increase in the need for public services and facilities and will not result in significant adverse effects upon nearby or adjacent lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.
(3) The PUD will be generally compatible with the Master Plan of the township and consistent with the intent and objectives of this section.
(4) The project can be adequately served by public utilities such as police and fire protection or public or on site community water or sanitary sewer.
(5) The project complies with the requirements of this subchapter.
(B) Residential standards for a PUD with all residential or a mix of residential and non-residential uses.
(1) Protects the rural roadside character by preserving or enhancing the view along the roadway and improves public safety and vehicular carrying capacity by avoiding development that fronts directly on to existing roadways.
(2) The project provides walkways so that pedestrians can walk safely and easily throughout the site.
(3) The individual lots, buildings, roadways and open space areas are designed to minimize the alteration of environmental site features.
(4) The project provides for a mix of residential housing types, non-residential uses, and useable open space or would allow for a use not specifically authorized in this chapter.
(5) The design is such that the impact of the differing uses upon each other is minimized.
(C) Standards for a PUD with no residential uses. The PUD will not result in hazardous traffic flow and will be designed to manage traffic in a safe and efficient manner.
(Ord. passed 7-12-2012, § 11.8)
§ 154.103 PUD PROCEDURES.
(A) Purpose. This section sets forth the procedures, regulations and approval standards to rezone land to the Planned Unit Development Zoning District and the Open Space Planned Unit Development Zoning District in the township. For purposes of this section, the terms PUD and PLANNED UNIT DEVELOPMENT shall mean both the Open Space Planned Unit Development Zoning District and the Planned Unit Development Zoning District.
(B) Procedures.
(1) Preapplication conference. Before submitting an application for a PUD, an applicant may meet with the Planning Commission or Township Zoning Administrator, Planner or Engineer to submit information regarding a proposed PUD and to confer with the Planning Commission, or staff, about the proposed application and the PUD.
(2) Application for PUD approval. An application for a PUD rezoning shall be in accordance with the application procedures for site plan review as required by §§ 154.160 through 154.171 of this chapter. In addition, the applicant shall submit any fee or escrow requirement as may be adopted by resolution of the Township Board.
(C) Preliminary development plan. An applicant for PUD rezoning shall submit a site plan in accordance with the requirements for preliminary site plan review as set forth in §§ 154.160 through 154.171 of this chapter and all of the requirements of this chapter if the applicant is requesting a rezoning to OS-PUD. The applicant shall also submit ten copies of a narrative describing:
(1) The proposed density, number and types of dwelling units;
(2) If the proposed project will be served by water or sanitary sewer systems, a statement from a registered professional engineer describing methods and capacities; and
(3) Calculations demonstrating compliance with the chapter requirements for open space and number of permitted dwellings.
(D) Environmental impact assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final site plan. This assessment shall describe the effect and impact that the proposed PUD will or may have upon or with respect to the following matters:
(1) The lands involved and the adjacent and nearby lands; streams, rivers, wetlands and the quality and volume of surface and ground water; wildlife and trees and other significant vegetation;
(2) Population in the immediate area and the township; local school systems; traffic congestion;
(3) Additional costs to governmental units and school districts; police and fire protection; storm water drainage; water supply and sewage disposal;
(4) Noise, vibration, dust and dirt, litter, smoke, odor, light and glare;
(5) Traffic impact study;
(6) An economic feasibility study for the principal uses of the proposed PUD; and
(7) An analysis of the nature and effect of any private utility systems, including septic tanks and drain fields, storm water control and retention facilities and water supply and distribution systems.
(E) Review of preliminary development plan. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD, together with any recommended changes or modifications thereof. Such review and other consideration of the preliminary plan shall take place at a public meeting or meetings of the Planning Commission, and at meetings of committees of the Planning Commission, where appropriate.
(F) Final development plan.
(1) After receiving the recommendations of the Planning Commission on the preliminary development plan, the applicant for PUD rezoning shall submit three copies of the final development plans to the township office in accordance with the requirements for final site plan review as contained in §§ 154.160 through 154.171 of this chapter. Copies of the plan shall be forwarded to the Planning Commission.
(2) The final development plan shall contain all of the information required for final site plan review unless the same is waived by the Planning Commission as not being reasonably necessary for the consideration of the PUD, plus the following:
(a) All of the drawings, narrative, studies, assessments and other information, and materials comprising the preliminary development plan, including all of the recommendations of the Planning Commission thereon;
(b) Projected time for completion of the entire PUD; proposed phasing, if any, of the PUD and the projected time for completion of each phase; and
(c) Any other information reasonably required by the Planning Commission in connection with its review of the PUD and consideration of the rezoning of the lands in accordance with the PUD plan.
(G) Planning Commission public hearing on final development plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning in accordance with the plan. See § 154.424 of this chapter.
(1) A notice concerning the public hearing on the PUD final development plan and application for rezoning shall be published in a newspaper that circulates in the township and sent by mail or personal delivery to the owners of property for which PUD approval and the rezoning is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet.
(2) Such notice must be given not less than 15 days before the date of the public hearing. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one occupant of a structure; except that, if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations one occupant of each unit or spatial area shall receive notice.
(3) In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:
(a) Describe the nature of the PUD and rezoning request;
(b) Identify the property that is the subject of the PUD and rezoning request;
(c) State when and where the PUD and rezoning request will be considered;
(d) Indicate when and where written comments will be received in advance of the public hearing on the request; and
(e) An affidavit of mailing shall be filed with the Planning Commission before the public hearing.
(H) Consideration of final development plan by Planning Commission. After the public hearing, the Planning Commission shall make recommendations concerning the final development plan and the modifications in the final development plan and the rezoning to the Township Board.
(I) Standards for approval. In making a recommendation to approve a PUD, the Planning Commission must find that the proposed PUD meets all of the standards for approval as contained in this subchapter.
(J) Final consideration of the PUD by Township Board. The Township Board shall review the final development plan and the recommendations submitted by the Planning Commission.
(1) The Township Board shall also hold a hearing pursuant to § 154.424 of this chapter.
(2) The Township Board shall determine whether the final development plan complies with the standards, conditions and requirements of this chapter and, in addition, shall determine whether the proposed project promotes the intent and purpose of this chapter; ensures that the proposed project will be compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities affected by the proposed project; and ensures that the proposed project will be consistent with the public health, safety and welfare needs of the township.
(3) Upon a determination that a proposed project meets all such standards, conditions and requirements, the Township Board may approve the final development plan and grant the rezoning request.
(K) Conditions of approval. The Township Board may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to ensure that public services and facilities affected by a proposed project will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements.
(1) They shall be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the proposed project under consideration, residents and landowners immediately adjacent to the proposed project and the community as a whole.
(2) They shall be related to the valid exercise of the police power, and the purposes that are affected by the proposed project.
(3) They shall be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the proposed PUD under consideration, and be necessary to ensure compliance with those standards.
(4) The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Township Board and the property owner. The Township Board shall maintain a record of conditions that are changed.
(L) Rezoning. If the Township Board approves the final development plan and the proposed application for rezoning, it may rezone the property in accordance with the Zoning Act, as amended. Publication of the rezoning ordinance or publication of a summary of the provisions thereof shall be accomplished in the manner provided by law. Following approval of the PUD rezoning, the official zoning map of the township shall be changed to reflect the PUD zoning for the parcel.
(M) Conformance to final development plan. A PUD shall be constructed, conducted, and used in strict conformance with the approved final development plan and any conditions of approval. Any changes shall only be allowed in accordance with the requirements of § 154.105 of this chapter.
(Ord. passed 7-12-2012, § 11.9)
§ 154.104 ADDITIONAL REQUIREMENTS.
A PUD approval under this subchapter shall comply with all of the following requirements.
(B) Grading. To preserve the natural appearance and beauty of the property, all graded areas, cuts and fills will be kept to a minimum. In appropriate cases, retaining walls may be required. Grading within the PUD shall be planned and carried out so as to avoid erosion, pollution, flooding or other adverse effects upon the land, and to have a minimal effect upon the environmental characteristics of the land as reasonably feasible.
(C) Private roads. Private roads within a PUD shall conform to the private road requirements of this chapter.
(D) Utilities. The OS-PUD shall be served by either private or community owned well and septic system approved by the county’s Health Department or by a public water and sanitary sewer system.
(E) Storm water management.
(1) A storm water management plan shall be submitted with both the preliminary development plan and the final development plan. This plan shall provide information on how storm water will be controlled during and after construction. This plan shall be subject to the review and approval of the Township Engineer.
(2) Storm water shall be substantially managed with green infrastructure such as vegetated swales, rain gardens, stone weirs or dikes, sediment basins and shallow storm water areas. Storm water shall be minimally managed with conventional storm water management structures such as gutters, catch basins, underground pipes, detention ponds and retention ponds. Underground detention facilities may be permitted.
(3) Storm water detention ponds may be allowed for the containment of storm water runoff if it is demonstrated that other storm water management measures as noted above are not feasible due to soil types, topography or other similar site features.
(F) Outdoor lighting. Outdoor lighting shall be designed and located to avoid casting any direct or reflected glare upon neighboring property or upon adjacent structures within the proposed project.
(H) Minimum dwelling unit size. The minimum size of a dwelling unit shall be as set forth in § 154.273 of this chapter.
(Ord. passed 7-12-2012, § 11.10)
§ 154.105 AMENDMENTS TO APPROVED PUD.
(A) An approved final PUD development plan and any conditions imposed upon final PUD approval shall not be changed, except upon the mutual consent of the Township Board and the applicant, except as otherwise noted below.
(B) (1) A minor change may be approved by the Zoning Administrator who shall notify the Planning Commission and the applicant in writing of the minor change and that such change does not substantially change the basic design or alter the conditions required for the plan by the Commission. The following items shall be considered as minor changes:
(a) Reduction of the size of any building and/or sign;
(b) Movement of buildings and/or signs by no more than ten feet;
(c) Plantings approved in the site plan landscape plan may be replaced by similar types of landscaping;
(d) Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design;
(e) Changes required or requested by the township for safety reasons;
(f) Changes that will preserve the natural features of the site without changes the basic site layout; and
(g) Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan that are deemed by the Zoning Administrator to be not material or significant in relation to the entire site and which the Zoning Administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.
(2) The Zoning Administrator may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator may consult with the Chair of the Planning Commission.
(C) A proposed change, other than a minor change as determined by the Zoning Administrator, shall be submitted as a formal amendment to the PUD and shall be processed in the same manner as an original PUD application; except that, the PUD zoning shall remain in place.
(Ord. passed 7-12-2012, § 11.11)
§ 154.106 PERFORMANCE GUARANTEE.
(A) The Township Board, after recommendation by the Planning Commission, or in its own discretion, may require reasonable performance guarantees or assurances deemed satisfactory in the circumstances and as authorized by law. The amount of the performance guarantee shall be determined by the Township Board based on a recommendation from the Planning Commission.
(B) Such arrangements shall be conditioned upon faithful compliance with all of the provisions and requirements of the PUD and construction and placement of all of the improvements therein.
(C) In its discretion, the Township Board, upon recommendation by the Planning Commission, may rebate or refund a proportionate share of the amount specified in a performance bond, letter of credit or other written assurance, based upon the percent or other portion of improvements completed, as verified by the Planning Commission or appropriate township official.
(Ord. passed 7-12-2012, § 11.12)
§ 154.107 TIME LIMITATIONS ON DEVELOPMENT.
(A) Each PUD shall be under substantial construction within one year after the date of approval of the final development plan and adoption of a zoning ordinance amendment by the Township Board. If this requirement is not met, the Planning Commission may, in its discretion, grant an extension not exceeding one year; provided that, the PUD applicant submits reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the PUD.
(B) If the PUD has not been commenced within the above-stated period of time, or within any authorized extension thereof, the final development plan shall be of no further effect, and the Planning Commission and Township Board may then, in their discretion, initiate proceedings for the rezoning of the lands to some other zoning district.
(C) If the property is not rezoned, then the subject property remains zoned as a PUD, but the preliminary or final PUD plans previously approved become null and void. In order to utilize the property as a PUD, an applicant shall submit plans for preliminary and final PUD site plan approval as required by this section, but a further PUD rezoning by the Township Board shall not be required.
(Ord. passed 7-12-2012, § 11.13)
§ 154.108 EXISTING PUDS.
(A) Planned unit development projects that were approved as a special use prior to the adoption of the ordinance requiring that all PUDs be established as a separate zoning district and that lawfully existed as of the effective date of this chapter shall be considered to be conforming uses and shall continue to be regulated by the conditions and the site plan that were approved for each of these existing PUDs.
(B) A major or minor change to these existing PUDs shall be subject to the procedures and requirements for such changes as set forth in § 154.105 of this chapter; except that, for a major change the number of dwelling units and amount of open space shall remain as were approved for the final development plan.
(C) If a modification of an existing PUD would enlarge the boundaries of the existing PUD, then such enlargement shall be subject to the procedures of this subchapter applicable to a new PUD.
(Ord. passed 7-12-2012, § 11.14)