The purpose of this article is to permit innovation and variety in land use, design, and layout of property in order to achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; encourage useful open space, and provide opportunities particularly suited to the needs of the residents of the City of St. Joseph, provided such opportunities do not unreasonably create adverse economic, social or environmental impacts on surrounding land uses.

The use, area, height, bulk and placement regulations of this ordinance are primarily applicable to the usual situation of one principal building on a lot. In certain developments, including, but not limited to, condominium, townhouse, and apartment developments, these regulations might require design and land use arrangements with multiple buildings on a lot and a design less in the interest of public health, safety and welfare than if a controlled degree of flexibility in the regulation of land development were allowed. The planned unit development (PUD) is intended to permit and control the development of preplanned areas for various compatible uses. It is a discretionary review and approval procedure that results in an approved development if all standards of this article are met and denial if they are not. The zoning district does not change if a PUD is approved, but like a special use, an approved PUD has all the rights and privileges of an approved use by right as long as all conditions attached to the approval are satisfied and the approved use continues.

A PUD shall afford each type of land use within the PUD reasonable protection from encroachment or interference by other incompatible land uses, and provide reasonable protection to uses adjacent to a PUD.

As a PUD permit is required for most uses in the W Water Recreation District in order to ensure compatibility among a wide range of possible uses, as befits the special nature of that district, and as the general standards of Section 13.6.1 suffice to ensure the necessary compatibility, the applicant need not demonstrate that approval of a proposed PUD in the W Waterfront District would advance one or more of the objectives listed in Section 13.2.

A PUD permit is required for medical service establishments, large, and social institution uses in R1, R2, R3. This allows changes to existing sites on which these uses are operating and similar new uses, ensuring compatibility of these uses within the district while enabling the community to benefit from the services provided under such use classes so long as one or more of the objectives of Section 13.2 are advanced and the general requirements of Section 13.3 are met.

(Ord. of 9-12-16(1), § 7)

For a proposed PUD located in a district other than the W Water Recreation District, the applicant shall demonstrate that approval of the PUD would result in a recognizable and substantial benefit to the community that could not be achieved under the normal regulations of the district, in one or more of the following areas:

A.

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

B.

To encourage the provision of open space and the development of recreational and other common facilities in a generally central location within reasonable distance of all living units. Developments having water frontage should be so designed to preserve public vistas where possible.

C.

The long-term protection and/or preservation of natural resources and natural features and/or historical and/or architectural features of a significant quantity and/or quality in need of protection or preservation on a local, state and/or national basis.

D.

Reducing to a significant extent the nonconformity of a nonconforming use, building or structure, i.e., modification of a nonconforming use or structure so that, to a significant extent, it is rendered more conforming, or less offensive, to the zoning district in which it is situated.

E.

The provision of additional amenities which would not otherwise be provided in a conventional development, including, but not limited to, more usable open space.

F.

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

G.

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

13.3.1.

Minimum Requirements.

A.

PUDs are permitted in all districts.

B.

A PUD must be primarily composed of authorized uses and uses designated in Section 4.6.3, Section 4.6.6, or Section 4.6.5 as "PUD" for the District in which the proposed PUD would be located. Any other uses included in a PUD must be clearly incidental to and in support of these authorized uses and "PUD" uses.

C.

The dimensions of lots, structures, height, yard, setback and lot coverage requirements, as established in the district, may be modified by an approved PUD permit.

D.

A PUD including a residential use and located in a residential district may not exceed the number of dwelling units otherwise allowed for that parcel in that district, considering all district regulations such as setbacks, minimum dwelling unit sizes, and required access to streets, by more than 20 percent. A PUD including a residential use and located in a district other than a residential district may not exceed the number of dwelling units permitted for that parcel, if that parcel were located in an R3 District, considering all R3 District regulations such as setbacks, minimum dwelling unit sizes, and required access to streets, by more than 20 percent.

E.

In the case of a mixed-use PUD which includes a permitted use in the zoning district, a building devoted primarily to such a use must be built before or concurrently with any building devoted primarily to any other use. If there is no building devoted primarily to a permitted use, a building including a permitted use must be built before or concurrently with any building that does not include such a use.

F.

For a PUD located in a district other than the W Water Recreation District, not less than 20 percent of the area of a PUD must be undeveloped open space. Required yards, landscaping, rights-of-way and other similar features otherwise required in the zoning district do not count toward this open space requirement. This open space must consist of areas that are:

1.

Contiguous and uninterrupted by structures, driveways and other features.

2.

Significant in size when considered in relation to the PUD area.

3.

Used only for landscaping, lawn, playfield, natural area or other similar uses.

G.

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

13.3.2.

Eligibility Requirements

A.

W Water Recreation District. No PUD located in the W Water Recreation District shall be approved unless the applicant demonstrates, through written submittal, that the land use and development meets the eligibility requirements and the standards set forth in this ordinance, and in addition that the PUD shall remain under the control or authority of a single individual, corporate or organizational owner who is authorized to administer the PUD. Noncontiguous parcels may be considered where other benefits to the public are sufficiently great to warrant such consideration in the opinion of the city commission as provided in MCL 15.584b.

B.

Other Districts. No PUD located in a district other than the W Water Recreation District shall be approved unless the applicant demonstrates, through written submittal that the land use and development substantially advances objectives described in Section 13.2, and meets the eligibility requirements and the standards set forth in this ordinance, and in addition that:

1.

The PUD shall result in a recognizable and substantial benefit to the ultimate users of the project and to the City of St. Joseph. Such benefit must otherwise be unfeasible or unlikely to be achieved by development under a single zoning district taking into consideration the reasonably foreseeable detriments of the proposed development and use(s).

2.

The PUD shall remain under the control or authority of a single individual, corporate or organizational owner who is authorized to administer the PUD. Noncontiguous parcels may be considered where other benefits to the public are sufficiently great to warrant such consideration in the opinion of the city commission as provided in MCL 15.584b.

13.3.3

Special Standards for Specific Uses

A.

Additional Requirements for Medical Service Establishments, Large and Social Institutions. The following items are also required as part of a PUD request for medical service establishments, large and social institutions:

1.

In the case of an existing establishment, the principal use shall be established and lawfully operating on the property.

2.

In the case of a lawfully existing special use permit or conditional use permit, the applicant shall provide documentation of any approved uses, variances granted by the zoning board of appeals, and any required conditions associated with the approved use or variance. All previously approved uses, conditions and variances shall be addressed in the PUD review process.

Those that will continue shall be incorporated in the PUD permit and all other previously approved special use permits, variances, and associated conditions shall become void.

3.

Any new establishment shall be located on a major thoroughfare, as defined in Article II, Definitions.

4.

All parcels shall be under the control or authority of a single corporation or organizational owner which is authorized to administer the PUD.

Noncontiguous parcels may be considered where other benefits to the public are sufficiently great to warrant such consideration in the opinion of the city commission as provided in MCL 15.584b.

5.

The zoning administrator may require an applicant to submit a future overall master development plan which depicts future phased development although such plan may also be, required as part of a future amendment to the PUD. This plan will help to understand how the organization is planning for future development and should depict current and future uses, structures, and similar improvements.

6.

Description of existing operation and proposed operation including the purpose of the organization, typical hours of operation, and number of members or users of the facility.

7.

Description of all existing and proposed interior and exterior accessory uses along with building square footage associated with such use (i.e., office space, school, daycare, camps, retail, meeting space, playground, parking, rental of space to other users for special events).

8.

Description of any temporary uses or special events that may take place on the property from time to time.

9.

Minimum principal use regulations as follows:

a.

b.

All structures including accessory structures shall comply with minimum yard setbacks.

c.

Detailed building elevations shall be submitted at time of review and shall provide sufficient information such as building height, dimensions and construction materials.

d.

The requirements of Article XII, Site Plan Requirements shall be met.

e.

Compliance with requirements of Article XIX, Screening, Landscaping and Lighting chapter or the following, whichever is greater.

i.

The perimeter of the site, excluding buildings and drive-aisles shall have a landscape area no less than five feet in width adjacent to the lot line.

ii.

All surface parking areas shall be a minimum of ten feet from the lot line.

iii.

All parking shall be screened from surrounding residential areas by a wall, fence or suitable plant materials.

iv.

All refuse containers shall be screened on all four sides and located on a hard surface. Minimum height offence is six feet and shall be located

v.

adjacent to the building when possible or in a non-conspicuous location.

f.

Compliance with requirements of Article XVIII, Off-Street Parking and Loading.

i.

All passenger drop-off and vehicular turn-around facilities shall be provided on the site and shall be designed to minimize interference with pedestrians, bicyclists and motor vehicles.

ii.

The main vehicular entrance shall be located on the designated major thoroughfare and the site shall be designed so all delivery vehicles utilize this entrance, where applicable.

iii.

All principal and accessory uses shall be reviewed to determine the total required number of parking spaces to be provided (i.e., church with private school and day care facility). As part of the PUD the overall total number of required spaces may be decreased based on shared parking usages.

iv.

Passenger drop-off and pick-up may be located in required yards.

B.

Additional Requirements for Bed and Breakfast Establishments. As part of a PUD request for bed and breakfast establishments, the conditions set forth under Article XI, Section 11.12.11 for a special use are required.

(Ord. of 9-12-16(1), § 8; Ord. of 11-14-16(1), §§ 4, 5; Ord. No. 2022-5, § 9, 3-28-22)

A PUD approved by the city commission prior to the adoption or amendment of this ordinance may be amended only through the filing and approval of a new application under this article, except that a time extension may be requested from and granted by the city commission as described under Section 25.1.3.B. The site plan, as approved, shall be part of the PUD and may be altered only through the amendment procedure described above or through the adjustment procedure described in Section 12.8. The application shall be considered under the current standards of this ordinance, rather than the standards in effect at the time of the original approval. The components of the PUD proposed to be created or altered under the amendment must meet the current standards of this ordinance, except that the reviewing body may accept a component that fails to meet these standards if it determines that on the whole, and through its interaction with existing elements of the PUD, the proposed nonconforming component would lessen the overall nonconformity of the development to a greater extent than would be achieved through strict application of current standards to the new component. If the application is denied, the previously approved PUD shall remain valid.

13.5.1.

Application. The zoning administrator shall, within a reasonable time, review each application for completeness. If incomplete, the application shall be returned to the applicant, along with an explanation of the deficiencies. If complete, the application shall be scheduled for consideration in a public hearing at a planning commission meeting, which occurs no less than 24 days after the date of that determination.

13.5.2.

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

A.

A PUD application form supplied by the zoning administrator which has been completed in full by the applicant.

B.

A site plan as specified in Article XII.

C.

One of the following statements:

1.

For a PUD located in the W Water Recreation District, a statement with regard to the eligibility requirements of Section 13.3.2.A, the criteria for approval in Section 13.6, and other criteria imposed by this ordinance affection the PUD under consideration.

2.

For a PUD located in a district other than the W Water Recreation District, a statement with regard to compliance with the objectives of a PUD stated in Section 13.2, the eligibility requirements of Section 13.3.2, the eligibility requirements of Section 13.3.3.A for medical service establishments, large and social institutions, the criteria for approval in Section 13.6, and other criteria imposed by this ordinance affecting the PUD under consideration.

13.5.3.

Public Notice, Public Hearing and Approval Procedure. Notice of the public hearing shall be given according to the requirements in Section 14.14, and the first public hearing shall be conducted by the planning commission, and the planning commission's recommendation shall be considered by the city commission, as described in Article XV. After receiving the recommendation of the planning commission the city commission shall also hold a public hearing with notice according to the requirements in Section 14.14. The planning commission and city commission, in their respective meetings, shall review the application, comments received, the site plan, and other pertinent information received and shall make a determination in accordance with the criteria described in Section 13.6, and such other standards contained in the ordinance which relate to the PUD under consideration.

13.5.4.

Post-Hearing Actions. Within 45 days following the public hearing, provided all materials are complete, the planning commission shall review the application for a PUD, comments received at the public hearing, the site plan, and other materials submitted in relation to the application, and by the concurring vote of its total membership make a recommendation on the PUD application in accordance with the criteria for the approval stated in Section 13.6, and such standards contained in this ordinance which relate to the PUD under consideration. The recommendation of the planning commission shall be transmitted to the city commission which, following a public hearing, may by majority vote of its members present and qualified to vote deny, approve, or approve with conditions the application for PUD approval. The planning commission's recommendation shall be available to the city commission for review no less than ten days before the city commission acts upon the recommendation. Its decision shall be incorporated in a statement of conclusions relative to the PUD under consideration, and shall specify the basis for the decision and any conditions imposed. A request for approval of a land use or activity which is in compliance with ordinance standards, other applicable ordinances, and state and federal statutes shall be approved. Upon the approval, or approval with conditions, by the city commission, the applicant may apply for a building permit.

The zoning map shall note as a planned unit development any parcel for which PUD approval has been granted and remains in effect.

(Ord. of 9-12-16(1), § 9; Ord. of 11-14-16(1), § 6)

Prior to approval of a PUD application, the planning commission and the city commission, in their respective hearings, shall ensure that the standards specified in this section, as well as the applicable standards established elsewhere in this ordinance, shall be satisfied by the completion of the PUD under consideration.

13.6.1.

General Standards. The planning commission and the city commission, in their respective hearings, shall review the particular circumstances of the PUD application under consideration in terms of the following standards and shall recommend approval, or approve, respectively, a PUD only upon a specific finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this ordinance:

A.

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

B.

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

C.

The PUD shall be consistent with the intent of the comprehensive plan.

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

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

K.

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

L.

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

M.

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

N.

The applicant shall be in substantial compliance with any previously issued zoning permits and shall not otherwise be disqualified from receiving a permit under Section 23.3.3 of this ordinance.

13.6.2.

Conditions. The planning commission may recommend, and the city commission may impose, conditions with the approval of a PUD which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this ordinance. Such conditions shall be considered an integral part of the PUD approval.

13.6.3.

Waiver of Planned Unit Development Standards. The city commission, following the recommendation of the planning commission, may waive any of the standards for a PUD contained in this article or other relevant standard in this ordinance where all of the following findings are documented along with the rationale for the decision:

A.

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

B.

The spirit and intent of the PUD provisions will still be achieved and no significant increase in density or intensity of use, or of mass of buildings or structures, or of traffic will be generated beyond the amount that would be permitted without this waiver.

C.

No nuisance will be created.

13.6.4.

Appeal of PUD Decision. An appeal of a decision by the city commission to approve, deny or approve with conditions a PUD application may be taken to circuit court, and may not be first appealed to the zoning board of appeals.

13.7.1.

Validity of Permit. A zoning permit authorizing a PUD (hereafter referred to as a PUD permit) shall be valid for a period of one year from the date of issuance, unless another, longer, time period is set by the city commission as a condition of approval. If the use has not commenced by the end of this time period, the permit shall expire automatically without any further action or notice by the city unless a time extension is requested from and granted by the city commission as described under Section 14.13.2.

13.7.2.

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

13.7.3.

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

13.7.4.

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

13.7.5.

Recording with Register of Deeds. A PUD permit, or expiration, revocation or termination thereof, shall be recorded by the city with the Berrien County Register of Deeds.

13.7.6.

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

13.7.7.

Amendment and Extension. A PUD approved by the city commission under this ordinance may be amended only through the filing and approval of a new application under this article, except that a time extension may be requested from and granted by the city commission as described under Section 14.13.2. The site plan, as approved, shall be part of the PUD and may be altered only through the amendment procedure described above or through the adjustment procedure described in Section 12.8.

13.7.8.

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

13.7.9.

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

A.

No application for a PUD which has been denied, wholly or in part, shall be resubmitted for a period of one year from the date of the denial, except on satisfactory proof of substantially changed conditions, newly discovered evidence, or a falsehood previously relied upon by the city which, through the exercise of normal diligence, could not have been discovered before the hearing, as determined by the zoning administrator.

B.

The following circumstances are exceptions to the one year time limit in A, above:

1.

In the event that an application for a PUD receives a tied vote from the planning commission and is therefore recommended for neither approval nor disapproval, or if the application is recommended for disapproval but it would be mathematically possible by addition of votes from members who were absent from that meeting to have resulted in a recommendation of approval, the application may be withdrawn before the city commission acts upon it and a reapplication may be submitted.

2.

In the event that an application for a PUD receives a tied vote from the city commission, and therefore is not approved, or if the application is denied but it would be mathematically possible by addition of votes from commissioners who were absent from that meeting to have resulted in approval, a reapplication may be submitted at any time.

C.

A reapplication shall be processed as a new application.

13.9.1.

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

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

In order to satisfy the finality requirement dictated by the Michigan Supreme Court in Paragon Properties Company v. City of Novi, 452 Mich 568 (1996), a property Owner shall not be required to seek Variance relief at the zoning board of appeals if relief is sought and denied under this section.

13.9.2.

Application Requirements.

A.

In addition to the information required for other variance requests, an application for a hardship planned unit development shall include a site plan and a summary of the facts which support each of the following conclusions:

1.

Applicant's property cannot be used for the purposes permitted in the zoning district.

2.

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

3.

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

4.

Applicant's problem has not been self-created.

B.

At the end of each statement (1 through 4 in subsection A above) identify all persons who will appear at the hearing with respect to each of the facts, and, separately, identify all persons who will appear at the hearing relative to the respective conclusion (and if any person is to be offered as an expert witness, include with the application a resume which shows the education and experience of such person within the particular area of expertise).

13.9.3.

Pre-Hearing Conference.

A.

Prior to the scheduling of a hearing, the applicant shall contact the zoning administrator for the purpose of scheduling a pre-hearing conference.

B.

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

1.

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

2.

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

3.

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

4.

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

C.

The zoning administrator shall determine who should be present at the pre-hearing conference based upon the application submitted, and taking into consideration the discussion with the applicant or the applicant's representative.

D.

The pre-hearing conference shall be scheduled and conducted on an expeditious basis so as to avoid unreasonable delay to the applicant. Sufficient time shall be taken, however, to achieve the purposes of the pre-conference hearing, stated above.

13.9.4.

Hearing Procedure.

A.

The applicant shall have the burden of proof. In order to be entitled to relief, the applicant must demonstrate each of the four factors set forth in Section 13.9.2.A, subsections 1 through 4.

B.

Manner of presentation.

1.

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

2.

The Applicant may present witnesses, including the applicant, or may submit affidavits, for the purpose of attempting to prove facts or conclusions. The applicant shall be provided with the opportunity to present all testimony and evidence proposed to be presented at the pre-hearing conference, either through witnesses or affidavits, however, the chairperson of the city commission may restrict testimony and evidence which would result in unreasonable duplication. In addition, by motion made on its own or at the request of a person at the hearing, the city commission may require the presence of any witness who has offered either testimony by affidavit on a material question of fact or testimony of any expert nature, with the view of permitting members of the city commission to ask questions of such witnesses.

3.

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

4.

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

5.

If testimony or evidence has been offered by or on behalf of interested persons and/or the community, the applicant shall have the opportunity to make a responsive presentation, restricted to answering the points raised by interested persons and community representatives. The manner of presenting witnesses, and requirement of their presence and questioning, shall be the same as provided above for the applicant's principal presentation.

6.

At the hearing, the city commission may determine to establish other rules of procedure, such as meeting hours on any given day, procedure for presentations by interested persons and/or on behalf of the community, or other rules found to be necessary or appropriate by the city commission. When questions of procedure arise during the hearing, the chairperson of the city commission may solicit the recommendation of the representatives of both the applicant and the community.

7.

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

13.9.5.

Decision of the City Commission.

A.

The city commission may deem it appropriate in any given case to provide an opportunity for anyone presenting testimony or evidence to submit proposed findings of fact and conclusions.

B.

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

C.

If the city commission determines to grant a hardship planned unit development, it shall be the minimum relief required to allow reasonable use of property, while maintaining the essential character of the area. The motion may include conditions that are authorized by law.

D.

If the city commission adopts a motion to grant a hardship planned unit development, such motion may be made as a tentative grant of relief, subject to review by the planning commission, zoning administrator, city engineer or other person or official with expertise, with a view of obtaining recommendations on any conditions that may be relevant and authorized by law, and for the further purpose of ensuring that the grant of relief would not violate applicable law. If a motion authorizing such a tentative grant of relief is made, the city commission, in the same motion, should request the completion of all reviews by other boards or persons by a specific date, so that relief may be expeditiously finalized.