This Planned Manufactured Seniors Housing Development District (PMSHDD) is intended to encourage innovative design of manufactured housing projects through use of performance standards. This district provides an option for planned manufactured housing projects designed to complement the character of surrounding development and the goals of the city described in the master plan. This district specifically encourages affordable housing opportunities for senior citizens in a more aesthetic environment and at somewhat lower densities than commonly associated with mobile home parks.

Where these techniques are deemed appropriate, a site shall be rezoned in conjunction with review and approval of a site development concept plan. A more detailed site plan shall be approved for the entire PMSHDD or phases prior to construction. The procedure is similar to the city's Planned Unit Development District.

Planned Manufactured Seniors Housing Development Districts shall achieve the following objectives:

1.

Provide a quality living environment of affordable homes for residents over the age of 55 years. At least one person residing in the dwelling must be aged 55 years or older.

2.

Encourage creative use of land which complements surrounding development.

3.

Achieve a development pattern in harmony with the goals and long range land use plan envisioned in the city's master plan.

4.

Preserve important natural features such as wetlands, woodland, topography, drainage patterns and geological features.

5.

Prevent environmental hazards and soil erosion.

6.

Attain more efficient use of land by minimizing utility and road construction costs.

7.

Promote efficient use of community facilities by locating affordable housing accessible to parks and the senior center.

8.

Create a more desirable environment than would be possible through the application of strict zoning requirements applied in other sections of the ordinance.

(Ord. No. 440, §§ 1, 10, 6-10-19)

Any proposed PMSHDD development shall meet the following requirements:

A.

Minimum area—20 acres.

B.

Permitted uses—The following uses are permitted in the PMSHDD Districts:

1.

Single-family dwellings including manufactured homes, and modular homes with a minimum floor area of 960 square feet.

2.

Single-family dwellings with a minimum floor area of 700 square feet may be located on interior residential lots (i.e., those not abutting the development's property lines) when comprising not more than 25 percent of the total number of units overall or within any single phase.

3.

Approved customary accessory buildings, structures and uses meeting the standards of this article, such as sales/maintenance office, private garages, carports, enclosed and screened storage areas, community center, parks and recreation facilities.

Each of the above uses is permitted, provided one of the residents of the dwelling is aged 55 years or older.

C.

Maximum density—The maximum density shall be six units per acre. Calculation of density shall be the number of living units divided by the overall acreage. The overall acreage for this calculation shall include any common area or private roads, and 25 percent of any wetland areas regulated by the federal or state government. Public rights-of-way and public lands shall be excluded from overall allowable density.

D.

Access—The project shall have direct access onto an arterial street as defined in the city's master plan. This access shall have a right-of-way or easement at least 86 feet wide; 100 feet if the entrance includes a boulevard. The city may require outbound lanes, deceleration lanes and bypass lanes to be provided and constructed to city standards upon analysis of the expected traffic impacts.

E.

Common open space—At least 400 square feet of common open space shall be provided for each residential lot or unit in the planned manufactured seniors housing development. This common open space may be reduced to 250 square feet per lot or unit if the project is within one-half mile of a city park and that city park provides the additional common area required. The open space must meet the standards listed in section 6.02 G.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

General. All uses, structures and properties shall comply with all regulations and requirements of this zoning ordinance, the city's subdivision standards, and other city specifications and standards, except as provided in this article.

B.

Overall project setbacks:

a)

A minimum 50-foot wide setback shall be provided along any public street frontage. This setback shall be entirely living plant material except for approved signs, utilities, lighting and necessary roads providing access to the project. This setback may be reduced by the council to 35 feet where significant landscaping (trees and/or berms) are provided.

b)

A minimum 35-foot wide setback shall be provided along any property line adjacent to a Single-Family Residential District and a 50-foot wide setback where adjacent to an Industrial District. This setback shall include a minimum 20-foot wide greenbelt which includes the equivalent of at least one tree and four shrubs for each 30 feet measured along the property line. Trees shall include both deciduous trees and evergreens. Plant materials shall meet the minimum standards listed in Article 20. Where the adjacent use is industrial, the city council may require more extensive landscaping, berms and/or walls.

c)

A minimum 20-foot wide setback along all other perimeter property lines with the equivalent of at least one tree for each 40 feet measured along the property line.

d)

The city council may reduce the greenbelt standards of items b) and c) above based on a determination that existing topographic conditions, existing plant materials or proposed land grading shall perform the same functions as the required greenbelts or setbacks. Such reductions shall be clearly illustrated on the approved area plan.

C.

Internal dimensional standards.

a)

Minimum lot width and area. Each lot shall have a minimum width of 60 feet and a minimum area of 6,000 square feet. The council may reduce the requirements for non-corner lots abutting open space to a 55-foot minimum width and minimum lot area of 5,500 square feet or where clustering of units at the same overall density which would otherwise be permitted results in more viable open space, recreation areas or preserves natural features.

b)

Spacing. Any residential dwelling structure shall be located at least 20 feet from any other residential dwelling structure, measured from the nearest edge of each unit.

1.

A manufactured/modular home shall be in compliance with all the following minimum distances:

(1)

Twenty feet from any part of an attached or detached structure of an adjacent manufactured home which is used for living purposes.

(2)

Ten feet from either of the following:

(a)

An on-site parking space of an adjacent manufactured home site.

(b)

An attached or detached structure or accessory of an adjacent manufactured home which is not used for living purposes.

(3)

Fifty feet from permanent park-owned structures, such as any of the following:

(a)

Community buildings.

(b)

Offices.

(c)

Maintenance and storage facilities.

(d)

Similar structures.

(4)

One hundred feet from a baseball or softball field.

(5)

Twenty-five feet from the fence of a swimming pool.

(6)

Three feet from on-site detached storage sheds, unless the wall adjacent to the manufactured home is lined with Class A fire resistant material.

(7)

Attached or detached structures or accessories of a manufactured home that are not used for living space shall be a minimum distance of ten feet from an adjacent manufactured home or its adjacent attached or detached structures.

2.

Any part or structure, such as steps, porches, supported or unsupported awning, decks, carport or garages, or similar structures, that is part of a manufactured home shall be set back the following minimum distances:

(1)

Twenty feet from the edge of an internal road.

(2)

Seven feet from an off-site parking bay.

(3)

Seven feet from a common sidewalk.

(4)

Twenty-five feet from a natural or manmade lake or waterway.

(5)

Steps shall not encroach into parking areas.

The length of a manufactured home site may vary depending on park design and layout and the manufactured home installed; however, a minimum rear yard setback of 15 feet shall be provided, except no additional setback is required where units back up to the required buffer along public streets.

3.

Height. The maximum height of a residential unit or community building shall be 25 feet. Height of accessory buildings shall not exceed 14 feet.

4.

Parking. Each residential unit shall have a minimum of three off-street parking spaces. Spaces which conflict with circulation along sidewalks shall not be included in this calculation. In addition, parking in an amount determined by the planning commission shall be provided adjacent to any accessory buildings for residents using recreation facilities, maintenance vehicles, employees and visitors.

5.

Carports, garages, accessory buildings. Any garages, accessory buildings or carports shall not be permitted in the front yard of any lot (i.e., they must be placed behind the front building line). All detached accessory buildings shall be setback at least ten feet from the lot line and residential unit. Carports shall be set back at least ten feet from adjacent lot lines.

D.

Special standards for residential units.

a)

Certification. All manufactured homes must either be:

1.

New and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated; or

2.

Used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in subsection 1. above. In addition, the building administrator or his designee shall inspect each residential unit and determine it to be in (excellent) condition, compatible with new residential units located in this zoning district and safe and fit for residential occupancy.

b)

Code compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

c)

A building permit issued by the city shall be required before construction is started.

d)

All dwelling units and additions thereto must be either:

(1)

Fastened to minimum six inches wide masonry/concrete foundation which continues around the perimeter of the unit to a depth of at least 42 inches, with anchors placed at a minimum of every six feet; or

(2)

Fastened to piers pursuant to manufacturer's specifications. Piers shall be installed to a minimum depth of 42 inches.

e)

If attached to foundations, all residential units are hereby required to be fastened directly to their foundations in a manner that eliminates the need for skirting. If attached to piers skirting shall be installed with ten days from the date that said manufactured home is placed upon a site.

f)

All residential units shall meet the following standards:

(1)

Minimum width of 24 feet.

(2)

A shingled pitched roof with a minimum slope of 3:1.

(3)

Exterior materials and overhangs to eaves relationship similar to other homes in the vicinity.

g)

In all instances, wheels, towing apparatus, and exposed chassis shall be removed before occupancy of any housing is permitted.

h)

Storage area. Each such dwelling unit shall contain a storage area equal to ten percent of the square footage of the dwelling or 100 square feet, whichever is less. This storage area may consist of a separate accessory building, garage, fenced; "community" outdoor storage areas with fencing and screening; or mini-storage buildings. Community storage areas shall not be located adjacent to a public roadway or residential district. Carports are not included in calculating this standard; only licensed vehicles may be stored in a carport.

E.

Circulation and access.

a)

Access. Individual dwelling units shall not have direct access to a collector or arterial street, as identified in the city's master plan. Such access shall directly align or be offset at least 250 feet from intersections or commercial driveways on the opposite side of the street. This requirement may be increased by the city to provide greater sight distance.

b)

Public streets. Public streets shall be designed and constructed according to city standards. If, in the future, private streets in a PMSHDD are to be dedicated to a public agency, the owners shall first fully agree to bear the full expense of construction or any other action required to make street suitable for public acceptance.

c)

Private roads. Any private roads shall have a minimum pavement width of 24 feet wide, measured from back of curb to back of curb, with no parking allowed on any street. All other geometric standards, construction standards and curbing shall conform to the city's public street standards.

d)

Road design. All streets shall be hard surface and curvilinear in layout. Intersections shall be aligned or offset at least 150 feet, measured centerline to centerline.

e)

Minimum size of culs-de-sac. The maximum length of any cul-de-sac shall be 1,000 feet. No more than 35 units shall be served by a single means of access. The cul-de-sac shall be required to end in a 50-foot turning radius. Parking is not allowed within the turning area and a "No Parking" sign shall be posted.

f)

Development entrances. Entrances along a public street shall be directly across from, or at least 250 feet from, another street, private road or non-commercial driveway (spacing measured from centerline to centerline). The council may require two entrances where warranted by volumes from the development or conditions along the public street. Sight distance shall meet the standards of the Association and State and Highway Transportation Officials (AASHTO).

g)

Sidewalks. Sidewalks shall be provided on at least one side of all public streets or private roads. The sidewalks shall be connected to existing or future sidewalks along public streets. The minimum sidewalk width shall be five feet. All sections and phases of the PMSHDD shall be interconnected by a sidewalk, bicycle or common area path system which promotes safe and convenient movement of pedestrians throughout the development. Council may also require sidewalk, bicycle or common area path system connections with parks or community facilities in the immediate area.

F.

Utilities and services.

a)

Each lot, site and principal building in a PMSHDD shall be connected to public water and sanitary sewer.

b)

The PMSHDD shall provide adequate storm drainage. The city council may require open drainage courses or storm water detention ponds.

c)

Electrical, telephone and cable television lines shall be underground. Any meters shall be at uniform locations.

d)

Mail delivery facilities shall be pursuant to local postmaster requirements. Mail box clusters shall be at convenient locations which do not interfere with through traffic.

G.

Open space regulations.

a)

Community buildings and outdoor recreation facilities may be allowed in the required open space.

b)

Private roads and parking areas shall not be included in calculations of required open space.

c)

Detention ponds shall not comprise more than 25 percent of the required open space.

d)

Open space areas shall be conveniently and equitably located through the PMSHDD in relation to the location of dwelling units and natural features. Common open space should include trails or recreational facilities to encourage their use.

e)

Open space areas shall be at least two acres in size and length of any such area shall be no longer than one and one-half times its width. The minimum dimensions shall be usable for the functions intended, as determined by the planning commission.

f)

The city council may require that natural amenities such as ravines, rock outcrops, wooded area, tree or shrub specimens, unique wildlife habitats, ponds, streams and marshes be preserved as part of the open space system of the PMSHDD. However, no more than 50 percent of the required common area shall be wetlands regulated by the state and federal government.

g)

The common areas shall be owned and maintained by either the developer or a homeowners association.

H.

Financial agreements. The applicant shall provide satisfactory financial agreements addressing maintenance of entrances, lighting, signs, private roads, public parking, setback areas, dumpster areas, mail box clusters, landscaping, sidewalks, recreational facilities, community centers, open space and other common elements.

(Ord. No. 440, §§ 1, 10, 6-10-19)

An area plan for the PMSHDD shall contain all of the information required for a site plan as set forth in section 29.07 herein, and the following information. If the PMSHDD is to be constructed in phases, the information for the area plan listed below shall be provided with site plans provided for each phase.

A.

Name and address of the property owner, developer and preparer of the plan.

B.

Location map illustrating surrounding features, zoning classifications and land use.

C.

Description of existing conditions:

1.

Site size and legal description;

2.

Topography at one-foot contour intervals;

3.

Existing buildings and structures on the site and within 100 feet of all property lines;

4.

Public streets, driveways and intersections within 250 feet of the site frontage along public streets;

5.

Location of any wetlands, woodlands, floodplains, drainage ways and other significant natural features.

D.

Written report describing the following characteristics of the proposed development:

1.

General character and substance;

2.

Objectives and purpose to be served;

3.

Compliance with regulations and standards;

4.

Scale and scope of development proposed;

5.

Need for, and economic feasibility of, the proposed development;

6.

Community impact statement discussing the relationship to surrounding uses and the potential impact on the: environment, traffic operations, school enrollment, recreation facilities, and utility systems;

7.

Proposed phasing; and

8.

Compliance with the adopted City of Swartz Creek Master Plan Future Land Use Map, Goals and Objectives.

E.

Area plan.

1.

Overall density proposed;

2.

Location and dimensions of lots;

3.

Typical building dimensions and setbacks;

4.

Location of any community buildings and other non-residential buildings;

5.

Layout of streets, private roads and sidewalks;

6.

Locations, size and uses of common open spaces;

7.

General description of the organization to be used to own and maintain common open space;

8.

General description of covenants, master deed, bylaws, easements or other restrictions to be imposed upon land or building, including cooperation for any homeowner's association, cooperative association, or minimum association;

9.

Detail of easements for access to streets, water lines, sanitary sewer, storm sewer, and franchised utilities (such as gas, electric, telephone and cable television) as well as provisions for police and fire vehicles;

10.

General landscape concept showing plant materials to be preserved or added, including a plant materials list with the number, type and size of materials shown. Techniques to preserve existing vegetation shall be described;

11.

Delineation of any areas to be subdivided under the Subdivision Control Act or included as part of a condominium.

F.

Additional information to be included with final site plan.

1.

Detailed landscape plan with a plant list and illustrating location of plantings.

2.

Roadway cross sections with dimensions.

3.

Illustration of all setback and spacing requirements.

4.

Details of entrances including any lighting, signs, sight distance, drive widths and landscaping.

5.

Street names.

6.

Details of lighting fixtures.

7.

Utility plans and calculations for sewage and storm water flows.

8.

Floor plans and elevations for any community buildings.

9.

Dimensional plans and elevations for typical residential units.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Procedure for petition and area plan approvals.

1.

Petition for a PMSHDD classification shall be for an amendment to the official zoning map and approval of an area (concept) plan. A petition for a PMSHDD classification for a parcel of land may be made by the owner(s) of record or by any person(s) acting on behalf of the owner(s) of record of the subject parcel.

2.

The petition shall be filed with the city clerk who shall transmit the petition and the area plan to the city council. The city council shall forward the petition to the planning commission.

3.

The planning commission shall, at the meeting at which it receives the petition and area plan from the clerk, establish a public hearing on the petition, impact report and area plan, said hearing to be held within 45 days of the receipt by the planning commission of the information required in section 6.03. The planning commission shall give notice of the public hearing as required the Michigan Zoning Enabling Act (Public Act 110 of 2006).

4.

Following the public hearing and recommendation of the planning commission, the planning commission shall transmit a copy of the petition and area plan to the city council.

5.

The city council shall review the petition and area plan application and the city planning commission report thereon, and after holding a public hearing in accordance with the provisions of the Michigan Zoning Enabling Act (Public Act 110 of 2006) shall approve, approve with conditions, deny or table for further consideration the ordinance of adoption of the petition and area plan. Any conditions of approval shall be addressed in a resubmittal of the area plan clearly illustrating the changes. The resubmittal shall be reviewed and approved by the code officer within 60 days of council action.

6.

Development agreement. If the petition and area plan are approved by the city council, the applicant and all owner(s) of record or the legal representative of the owner(s) of record of all property included within the PMSHDD shall draft and sign an agreement that the approved petition and area plan shall be binding upon the applicant and owner(s) of record and upon their heirs; successor and assigns. The petition and area plan shall not be officially approved until said agreement has been reviewed by the city attorney, signed by representatives of both parties and received by the city clerk.

7.

Following official adoption of the ordinance by the city council, the mayor shall accurately note; and the city clerk shall attest, the PMSHDD District designation for the property on the official zoning map.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Generally. The planning commission shall determine that the petition and area plan meet the following standards:

1.

The proposed development shall conform to the adopted master plan or any part thereof, or represents land use policy which, in the planning commission's opinion, is a logical and acceptable change from the adopted master plan.

2.

The proposed development shall conform to the intent and to all regulations and standards of the PMSHDD District and the zoning ordinance.

3.

The proposed PMSHDD shall be compatible with surrounding uses.

4.

The proposed development shall be adequately served by public facilities and services such as streets, police and fire protection, parks, community buildings, drainage courses, water and sanitary sewer facilities, and refuse disposal.

5.

The common open space, any other common properties, individual properties and all other elements of the PMSHDD are planned to achieve a unified open and recreation area system with open space and all other elements in appropriate locations, suitably related to each other, the site and the surrounding land.

6.

The applicant shall have made provisions, satisfactory to the planning commission to assure that those areas shown on the plan for use by residents of the development will be irrevocably committed for that purpose and shall be adequately maintained.

7.

The location of the proposed uses, layout of the project and its relation to streets shall promote safe and efficient traffic operations.

8.

Where applicable the commission shall determine that noise, odor, light or other external effects from any source whatsoever, which is connected with the proposed use, will not adversely affect adjacent and neighboring land uses and meet the requirements of section 20.04 (performance standards) of this ordinance.

9.

The proposed development shall create a minimum disturbance to natural features and land forms.

10.

Streets shall follow topography, be properly spaced and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets. The plans shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable. All public street construction shall conform to city specifications.

11.

Pedestrian circulation shall be provided for within the site, interconnecting all residential and community areas. The pedestrian system shall provide a logical extension of pedestrian ways from outside the site and shall provide pedestrian connections to the edges of the site, and to Swartz Creek municipal facilities and parks, where appropriate. Sidewalks shall be at least five feet wide and conform to city construction specifications.

12.

Phased developments shall be designed so that each phase will be complete without depending on completion of a future phase.

B.

Approval of petition and area plan. Approval of petition and area plan approval by the city council shall have the following effects:

1.

Approval shall confer a right to the applicant, for a period of three years from the date of approval, that existing zoning regulations as they apply to the land included in the petition and the area plan, shall remain unchanged, provided that required subsequent planning and/or construction are diligently pursued in accordance with the approved area plan within this time period.

2.

Approval by city council and planning commission of an area plan constitutes acceptance of uses, building location layout of streets, dwelling unit count and types, floor areas, densities, construction schedule and all other elements of the area plan.

3.

If construction of any portion of the area plan is not completed within three years from the date of the area plan's approval by the city council, such area plan shall be null and void as to such portion for which construction is not complete; provided, however, the city council, upon written request of the applicant and upon finding that the area plan has been substantially completed and the applicant is diligently proceeding toward final completion of the plan, may extend the terminations. Upon an area plan becoming void pursuant to the provisions hereof, no construction may commence or continue upon said site unless and until the area plan approval process has been reinstituted and completed. In such event, all applicable fees shall be paid.

C.

Amendment and revision.

1.

A developer may request an amendment to an approved area plan. Any proposed modification to an approved area plan which results in a major change in the plan, as defined in this section, shall require an amendment. All amendments shall follow the procedures and conditions herein required for original submittal and review in full.

2.

A request for amendment shall be in writing to the city council and shall clearly state, and illustrate the changes requested. The applicant should provide documentation to support the changes such as data on changing social or economic conditions, a market study, description of statutory revisions, new state or federal regulations and/or unanticipated site conditions. The applicant should also demonstrate the modifications will mutually benefit the interest of the city, residents and the developer.

3.

The city council shall review the request for amendment. If the changes are determined to be major, as outlined below, the council shall refer the amendment to the planning commission for a review and recommendation. If the changes are found to be minor, the city council shall act on the request. The city council shall notify the planning commission and any other applicable agency of its approval of such minor changes. The revised drawings as approved shall each be signed by the applicant and the owner(s) of record or the legal representative(s) of said owner(s).

4.

Modifications to be considered major changes, for which amendment is required, shall include one or more of the following:

a)

Change in concept of the development;

b)

Change in use or character of the development;

c)

Change in type of dwelling units identified on the approved area plan;

d)

Change on the number of dwelling units;

e)

Change in non-residential floor area of over five percent;

f)

Rearrangements of lots, blocks and building tracts;

g)

Change in the character or function of any street;

h)

Reduction in land area set aside for common open space, or the relocation of such area(s); or

i)

Increase in building height over the maximum stated in this article.

5.

Modification to be considered minor changes, for which approve plans may be revised rather than amended, shall include; among other similar modifications the following:

a)

A change in residential floor area still meeting the minimum of this article;

b)

A change in non-residential floor area of five percent or less;

c)

Minor variations in layout which do not constitute major changes, such as to roadway alignment;

d)

Any change in the architectural style or building design which still meets the standards of this article.

6.

The city council shall have the authority to determine whether a requested change is major or minor, in accordance with this section. The burden shall be on the applicant to show good cause for any request change.

D.

Performance guarantees.

1.

Performance bonds, irrevocable bank letters of credit, cash deposits, or other forms of security acceptable as to type and amount to the city council shall be provided by the applicant to the city clerk. Such security shall be for construction of site improvements shown on the approved area plan.

2.

The applicant shall submit a cost estimate of the improvements to be covered by the guarantee and verified as to amount by the city manager. The city council may release portions of a deposit in relation to work completed and approved upon inspection as complying with an approved plan provided, however, that the balance on deposit will be sufficient to complete remaining site improvements. In the event that the applicant shall fail to provide improvements according to an approved plan, the city council shall have the authority to have such work completed, and to reimburse itself for costs of such work by appropriating funds from the deposited security, or may require performance by the bonding company.

(Ord. No. 440, §§ 1, 10, 6-10-19)