Vicksburg, MI Zoning Ordinance

§ 475-11.01 Intent.

Planned Unit Development provides a regulatory option that is intended to provide a degree of flexibility so as to achieve development that is in accord with the Village's Comprehensive Master Plan; economy and efficiency in the use of land, natural resources, energy, and in the provision of public services and utilities; useful open space particularly suited to the proposed development; conservation of natural features; and development that satisfies the needs of Village residents.

Furthermore, Planned Unit Development is intended to encourage innovation in land use, particularly on sites with significant natural, historical, and architectural value, or on sites that exhibit difficult development constraints. Planned Unit Development allows for a mix of land uses and clustering of residential structures, so as to reduce development costs, preserve natural features, and maintain open space.

§ 475-11.02 Eligibility criteria.

Recognizable benefits: The planned unit development must result in a recognizable and substantial benefit to the ultimate users of the project and to the community and shall result in a higher quality of development than could be achieved under conventical zoning.

Minimum size: The minimum size of a planned unit development shall be three acres of continuous land. However, in the interest of maximizing the use of a planned unit development as a tool to promote high-quality planning and development, the Planning Commission may permit a smaller planned unit development if: a) the proposed project has unique characteristics and benefits, and/or b) the parcel in question has unique characteristics that significantly impact development, such as unusual topography, tree stands, wetlands, poor soil conditions on portions of the parcel, water courses, unusual shapes or proportions, or utility easements which cross the parcel.

In such case, the applicant shall submit a letter to the Village requesting a waiver of the minimum planned development size requirements. The request shall be submitted prior to the submittal of a site plan and application for planned unit development approval. The Planning Commission shall review the request and make the final decision concerning a request to waive the planned development size requirements.

Use of public services: The proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities, and shall not place an unreasonable burden upon the subject site, surrounding land, property owners and occupants, or the natural environment. Planned unit developments shall be provided with public water, sanitary sewer, and storm drainage facilities.

Compatibility with master plan: The proposed development shall not be incompatible with the Master Plan for the Village. Notwithstanding this requirement, the Village may approve a planned unit development proposal that includes uses that are not called for on the Future Land Use Map, provided that the Planning Commission and the Village of Vicksburg Council determine that such a deviation from the Future Land Use Map is justified in light of the current planning and development objectives of the Village.

Economic impact: The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

Unified control: The proposed development shall be under single ownership or control in the form of agreements, contracts, covenants, and deed restrictions which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained by the developers or their successors. These legal documents shall bind all development successors in title to any commitments made as part of the documents. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is given to the Village Clerk.

Preservation of natural, cultural, or historic features: If existing, the PUD must preserve distinctive natural features on the site to the maximum extent feasible, such as, but not limited to: woodlands, wetlands (including hydric soils), cultural or historic buildings or features, etc.

§ 475-11.03 Project design standards.

Proposed Planned Unit Developments shall comply with the following project design standards:

Permitted uses. Any land use allowed as a principal permitted use in the R-1, R-2, R-3, C-1, C-2, I-1 or I-2 districts may be included in a planned unit development as a principal or accessory use, provided that:

(1)

When the underlying zoning is R-1, R-2, R-3, a maximum of 10% of the gross site area may be occupied by commercial or office uses.

(2)

When the underlying zoning is C-1 or C-2, a maximum of 35% of the gross site area may be occupied by residential uses.

(3)

If the underlying zoning is I-1 or I-2, the Planned Unit Development shall contain only I-1 or I-2 used.

(4)

Industrial uses listed in the I-1 and I-2 districts shall not be permitted in Planned Unit Developments where the underlying zoning is residential or commercial.

(5)

There shall be a reasonably harmonious relationship between the location of buildings on the site relative to buildings on lands in the surrounding area.

(6)

Nonresidential uses shall be separated and buffered from residential units in a manner that is consistent with good site design and planning principles.

(7)

The mix of uses and the arrangement of those uses within a planned unit development shall not impair the public health, safety, welfare, or quality of life of residents or the community as a whole.

Location. A planned unit development may be approved in locations where the underlying zone is R-1, R-2, R-3, C-1, C-2, I-1, or I-2, subject to review and approval as provided for herein.

Residential density. The overall density of residential uses within a planned unit development shall not exceed the density that could be achieved with the underlying zoning. In determining the density achievable with the underlying zoning, only the net buildable area of the site shall be considered. The "net buildable area" consists of the portion of a site which is not encumbered by regulated wetlands, steep slopes, existing and proposed road rights-of-way (including proposed road rights-of-way within the development), easements, existing structures or lots, or other existing or proposed features that would prevent construction of a building or use of the site for residential purposes. To assist in determining net buildable area, the applicant shall submit an alternate plan that shows how the site could be developed economically and legally under the underlying zoning.

An increase in density may be permitted by the Village Council, upon recommendation from the Planning Commission, upon finding that the increase is justified because certain characteristics of the proposed development would result in a substantial benefit to the users and the community as a whole. Among the characteristics which the Planning Commission and Village Council may consider in making this determination are the following:

(1)

The planned unit development exhibits extraordinary design excellence, examples of which include, but are not limited to: innovative energy efficient design; provision of additional open space above the required amount; added improvements to assure vehicular and pedestrian safety; or added landscaping or other site features to assure a long-term aesthetically pleasing appearance.

(2)

The proposed arrangement of uses and residential densities within the planned unit development enhances the compatibility of proposed development with existing or planned land use on adjacent land.

Dimensional standards.

(1)

Setbacks. Structures in planned unit developments shall comply with the following minimum yard setback requirements:

	Residential Use	Non-Residential Use
Along perimeter adjacent to public road	50 ft.	50 ft.
Along perimeter, but not adjacent to a road	35 ft.	40 ft.
Along an internal or local road	40 ft.	50 ft.
Between parking lot and property line
Adjacent to road	50 ft.	50 ft.
Not fronting on road	20 ft.	20 ft.

Modification to these yard setback requirements may be approved by the Village Council, upon recommendation from the Planning Commission, upon making the determination that other setbacks would be more appropriate because of the topography, existing trees and other vegetation, proposed grading and landscaping, or other existing or proposed site features.

Distance between buildings. Buildings within a planned unit development shall comply with the following spacing requirements:

(1)

Any detached single family structure (or accessory structure thereto) shall be located at least 15 feet from any other detached single family structure (or accessory structure thereto).

(2)

The minimum rear yard setback and minimum lot size for detached single family structures and accessory structures thereto in a planned unit development shall be based on good planning and design principles, taking into account the degree of compatibility between adjoining uses, sensitivity to the characteristics of the site, the need for free access for emergency vehicles, the need for adequate amounts of light and air between buildings, and the need for proper amounts of open space for the exclusive use of residents on the site.

(3)

Residential buildings containing more than one unit (i.e., apartments, townhouses, attached dwellings) shall conform to the spacing requirements set forth within this chapter.

(4)

The distance between adjacent, freestanding, nonresidential structures shall be based on good planning and design principles, taking into account the need for: free access for emergency vehicles, adequate amounts of light and air between buildings, and proper amounts of landscaping.

Modification to these building spacing requirements may be approved by the Village Council, upon recommendation from the Planning Commission, upon making the determination that other building spacing requirements would be more appropriate because of the particular design and orientation of buildings.

Building height. Buildings within a planned development shall not exceed 35 feet in height.

Parking and loading. Planned unit developments shall comply with the parking and loading requirements specified in Article VII of the Zoning Ordinance.

Landscaping. Planned unit developments shall comply with the parking and loading requirements specified in the Zoning Ordinance.

(1)

General site requirements. All unpaved portions of the site that are not left in a natural state shall be planted with grass, ground cover, shrubbery, or other suitable live plant material, which shall extend to any abutting road shoulder or curb edge. Seeded areas shall be watered and fertilized regularly so as to provide a healthy lawn within 90 days after planting.

(2)

Landscaping adjacent to roads. All commercial, office, and multiple family uses shall comply with the requirements for landscaping adjacent to roads as stipulated within this chapter.

(3)

Berm requirements. Wherever front, side, or rear yards adjacent to public rights-of-way are used for parking, a berm shall be required to screen the parking from view of the road. The berm shall be a minimum of two feet in height, and shall be planted in accordance with the previous requirements for landscaping adjacent to roads.

(4)

Screening. Screening in the form of a landscaped berm, greenbelt, wall or fence shall be required wherever a commercial or office use is located adjacent to a residential use, school, park, or similar public area. A landscaped berm or greenbelt is preferred rather than a wall or fence by itself. Depending on the design, a wall or fence with some landscaping could be found to be equally desirable.

Landscaped screening shall comply with the requirements in this chapter. If a wall or fence is used instead of landscaping, the following requirements shall be complied with:

(a)

Location. Required obscuring walls or fences shall be placed inside and adjacent to the lot line except where underground utilities interfere with placement of the wall or fence at the property line, in which case the wall or fence shall be placed on the utility easement line located nearest the property line.

(b)

Time of construction. Wherever construction of an obscuring wall or fence is required adjacent to residentially-zoned or used property, the wall or fence shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the wall or fence.

(c)

Corner clearance. No wall or fence shall be erected that will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway.

(d)

Wall specifications. Required walls shall be constructed of masonry material that is architecturally compatible with the materials used on the facade of the principal structure on the site, such as face brick, decorative block, or poured concrete with simulated brick or stone patterns.

(e)

Fence specifications. Fences used for screening shall be constructed of cedar, or No. 1 pressure-treated wood, or durable synthetic wood-like material. Chain link fences shall not be permitted for screening purposes.

(f)

Height requirements. Walls or fences used for screening shall be a minimum of six feet in height.

(5)

Parking lot landscaping. Off-street parking areas containing greater than 10 spaces shall be provided with interior landscaping in compliance with the provisions of this chapter.

(6)

Treatment of existing plant material. In instances where healthy plant material exists on the site prior to its development, the Village may permit substitution of such plant material in place of the requirements set forth previously, provided such substitution is in keeping with the spirit and intent of this article and the Ordinance in general.

(7)

Variation from specific requirements. The Village Council, upon receiving a recommendation from the Planning Commission, may allow variation from the specific requirements set forth herein, upon finding that the substitute landscaping is in keeping with the spirit and intent of this article, and has equal landscape value as the required landscaping. In evaluating landscape values, the Village Council and Planning Commission shall consider preservation of natural features, aesthetic qualities, numbers of plants, and similar considerations.

Open space requirements. Planned developments containing a residential component shall provide and maintain usable open space that is accessible to all residents, which shall comply with the following requirements:

(1)

A minimum of 20% of the gross area of the site or portion thereof that is designated for residential use shall be set aside for such common open space. The boundaries of the gross site area shall encompass buildings, roads, sidewalks, landscaping, natural areas, water bodies, and other features that are an integral part of the residential development plan.

(2)

Reduction in lot area below the minimum lot area specified by the underlying zoning shall be set aside and reserved as permanent open space to the maximum feasible extent, recognizing that a portion of the parcel must be set aside for roads, stormwater detention, and other facilities.

(3)

Open space shall be located on the parcel to meet the following objectives:

(a)

To enhance the overall aesthetic appeal of the development.

(b)

To preserve distinctive natural features.

(c)

To provide opportunities for leisure activities for residents of the development.

(d)

To minimize impact from development on wetlands, rivers, and other sensitive environmental areas.

(e)

To maintain open character along main roads.

(4)

Any pervious land area that is available for the common use of all residents may be included as required open space, except as follows:

(a)

No more than 25% of the required usable open space shall include the area of any water bodies or wetlands which are covered only periodically with standing water (such as hardwood swamps or "wet" meadows). Required usable open space shall not include the area of any designated wetland that is covered by water or muck such that it is not a suitable environment for walking or similar passive leisure pursuits.

(b)

Required usable open space shall not include the area of any public or private road, the area of any easement providing access to the site, the area of any commercial recreation use (such as a golf course), or the area of any required setbacks.

(5)

The Village Council, upon receiving a recommendation from the Planning Commission, may require open space to set aside by the developer through an irrevocable conveyance, such as deed restrictions or covenants that run with the land or through a conservation easement, whereby all rights to develop the land are conveyed to a land conservation organization or other public body, assuring that the open space will be developed according to the site plan. Such conveyance shall:

(a)

Indicate the proposed use(s) of the required open space.

(b)

Indicate how the leisure and recreation needs of all segments of the population residing in or using the planned development will be accommodated.

(c)

Provide for the privately-owned open space to be maintained by private property owners with an interest in the open space.

(d)

Provide maintenance standards and a maintenance schedule.

(e)

Provide notice of possible assessment to the private property owners by the Village of Vicksburg for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance or in the event that other public facilities are not maintained.

(f)

Be recorded with the Kalamazoo County Register of Deeds to provide record notice of the restrictions to all persons having an interest in the property contained in the planned unit development.

(6)

Notwithstanding the requirements cited above, open space may be redeveloped for another purpose subject to the following conditions:

(a)

The redevelopment of open space shall require an amendment to the planned unit development, and shall therefore constitute an amendment to the Zoning Ordinance which shall be subject to the right of petition and referendum by the electors of the Village, as provided for by current Michigan law.

(b)

Redevelopment of open space shall not be permitted for the first 25 years after the date of the initial approval of the planned unit development by the Village Council. Commencing on the 25th anniversary of the initial approval, and at every subsequent 25-year interval thereafter, there shall be a one-year period during which proposals to redevelop the open space may be submitted for review and action by the Village. Proposals to redevelop may not be submitted at any other time except during these one-year periods.

(c)

In the event that a proposal to redevelop open space is properly submitted during an appropriate one-year time frame, the Village shall proceed with review and shall take action on the proposal even if the review process extends beyond the one-year period.

(d)

Proposals to redevelop open space shall require the written consent of at least 90% of all persons having an interest in the property contained in the planned unit development at the time the proposal is submitted.

(e)

The overall density of residential development proposed for redeveloped open space shall not exceed the density that could be achieved with the underlying zoning that was in place at the time the original planned unit development plan was adopted.

(f)

These provisions for redevelopment of open space may be included in the conveyance described in the preceding subsection.

Frontage and access. Planned unit developments shall front onto a paved public road and the main means of access to the development shall be via the paved public road. The nearest edge of any entrance or exit drive shall be located no closer than 400 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

Each residential lot shall have frontage on, and each residential dwelling unit shall have direct access to, an approved public road. Individual residential dwelling units in a planned unit development shall not have direct access onto a county primary road or state trunkline. The planned unit development should be designed so that through-traffic, including traffic generated by commercial uses within the planned unit development, is discouraged from traveling on residential streets.

Pedestrian access. Sidewalks shall be provided along all roads within the planned unit development.

Additional considerations. The Planning Commission and Village Council shall take into account the following considerations, which may be relevant to a particular project: perimeter setbacks; road, drainage and utility design; underground installation of utilities; the extent to which sidewalks, trails, open space, playgrounds and other areas used by pedestrians are insulated from roads, drives, and parking areas used by vehicles; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and, noise reduction and visual screening mechanisms, particularly in cases where non-residential uses adjoin residentially used or zoned property.

§ 475-11.04 Approval procedures.

Zoning amendment. The approval of a Planned Unit Development application shall require an amendment to the Zoning Ordinance to revise the zoning map and designate the subject property as "PUD, Planned Unit Development." Approval granted under this article, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.

General application requirements. The application shall be submitted to the Village of Vicksburg Clerk and shall be accompanied by all required fees and documents as specified herein. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.

Pre-application conference. In order to facilitate review of a Planned Unit Development proposal in a timely manner, the applicant may request an informal pre-application conference with the Village Zoning Administrator. The purpose of such a conference is to provide information and guidance to the applicant that will assist in preparation of the application and supporting materials.

Approval process.

(1)

Professional review. The Planning Commission may request professional review of the preliminary plans by appropriate agencies or consultants. If such review is requested, the designated agencies or consultants shall prepare and transmit reports to the Planning Commission stating their findings and conclusions and any recommended changes or revisions. The Village shall require the applicant to pay the cost of any such review fees.

(2)

Public hearing. The Planning Commission shall hold a public hearing, following the requirements for notice in the Michigan Zoning Enabling Act on any Planned Unit Development proposal before it is approved.

(3)

Recommendation of Planning Commission. The Planning Commission shall review the application for Planned Unit Development, together with the public hearing findings and any requested reports and recommendations from the Zoning Administrator and Village Public Safety officials, Village Engineer, and other reviewing agencies, as needed. The Village Attorney shall review and comment on the proposed Planned Development Agreement and all related documents. Based on its review of the proposed plans and supporting documentation, the Planning Commission shall make findings of fact with respect to compliance with the standards and criteria in this chapter. The Planning Commission shall then set forth its findings and recommendation in a written report to the Village Council, based on the requirements and standards of this chapter. The Planning Commission may recommend approval, approval with conditions, or denial as follows:

(a)

Approval. Upon determination by the Planning Commission that the final plan for Planned Unit Development is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, the Planning Commission shall recommend approval.

(b)

Approval with conditions. The Planning Commission may recommend that the Village Council impose reasonable conditions upon the approval of a Planned Unit Development, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect the natural resources and the public health, safety and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this chapter. In the event that the Planned Unit Development is approved subject to specified conditions, such conditions shall become a part of the record of approval, and such conditions shall be modified only as provided in this chapter. Where construction is not proposed to begin immediately, or where a project is proposed for construction in phases, the Planning Commission may recommend that final approval be granted subject to subsequent review and approval of detailed site plans for each facility or phase, provided that:

[1]

The location and approximate size of such buildings shall be shown on the overall plan for the Planned Unit Development;

[2]

Detailed site plans for such buildings shall be submitted for review and approval in accordance with the site plan review requirements in this chapter; and

[3]

Phasing requirements shall be complied with.

(c)

Denial. Upon determination by the Planning Commission that a Planned Unit Development proposal does not comply with the standards and regulations set forth in this chapter or otherwise would be injurious to the public health, safety, welfare, and orderly development of the Village, the Planning Commission shall recommend denial.

(4)

Transmittal of findings to village council. The Planning Commission shall prepare and transmit a report to the Village Council stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.

Village council decision. Following receipt of the Planning Commission's report, the application shall be placed on the agenda of the next available Village Council meeting. The applicant shall provide additional copies of the plan as requested by the Village to be provided to the Council. The Village Council shall review the final plan and proposed Planned Unit Development Agreement, together with the findings of the Planning Commission, and, if requested, any reports and recommendations from consultants and other reviewing agencies. Following completion of its review, the Village Council shall approve, approve with conditions, or deny a planned development proposal in accordance with the guidelines in this chapter.

(1)

Planned unit development agreement. If the Village Council approves the Planned Development proposal, the Village and applicant shall execute a Planned Unit Development Agreement, subject to Village Legal Counsel approval which shall be recorded in the office of the Kalamazoo County Register of Deeds. Final approval of the Planned Unit Development plan shall become effective upon recording of the Agreement and evidence of the recording being presented to the Village.

(2)

Effect of approval. Approval of a Planned Unit Development proposal shall constitute an amendment to the Zoning Ordinance. All improvements and use of the site shall be in conformity with the Planned Unit Development and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in this chapter.

Completion of site design. Following final approval of the Planned Unit Development proposal, a building permit may be obtained for the entire project or specific phases provided that final site plan approval for the project or the phase, as applicable, has been obtained, and provided further that the engineering plans for the project or the phase, as applicable, have been approved by the Village Engineer and Zoning Administrator. It shall be the responsibility of the applicant to obtain all other applicable Village, county, or state permits prior to issuance of a building permit.

(1)

Construction shall commence on at least one phase of the project within 12 months of final approval. The Village Council may also approve Planned Unit Development Agreements that waive this requirement. The Village Council may also consider a 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the 12-month expiration date. In the event that construction has not commenced and a request for extension has not been received within 12 months, the Village may initiate proceedings to void the PUD approval.

(2)

It shall be the responsibility of the owner of a property for which approval has been granted to maintain the property in accordance with the approved Planned Unit Development amendment on a continuing basis until the property is razed, or until an amendment to the Planned Unit Development is approved. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the Zoning Ordinance and shall be subject to the penalties appropriate for such violation.

(3)

Prior to expansion or conversion of a Planned Unit Development project to include additional land, site plan review and approval shall be required pursuant to the requirements of this article and chapter.

Performance guarantee. A performance guarantee may be required the Village to ensure faithful completion of improvements.

Application data requirements. Applications for Planned Unit Development shall include all data requirements specified in this subsection. All information required to be furnished under this subsection shall be kept updated until a Certificate of Occupancy has been issued.

(1)

A Site Plan meeting the requirements of this chapter.

(2)

A draft Planned Unit Development Agreement, setting forth the terms and conditions negotiated and to be agreed to by the applicant and the Village, and upon which approval of the Planned Unit Development proposal will be based. The Planned Unit Development Agreement shall, at minimum, include the following:

(a)

A description of the land that is subject to the agreement.

(b)

A description of the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings.

(c)

History of the review procedures and action taken by the Planning Commission or Village Board.

(d)

List of all plans, documents, and other materials submitted by the applicant.

(e)

Review and explanation of all special provisions agreed to by the applicant and Village during the course of review of the Planned Development proposal.

(f)

An explanation of all public improvements to be undertaken by the applicant or the Village in conjunction with the proposed Planned Development project.

(g)

Description of any required dedications and permits.

(h)

Confirmation that the proposed development is consistent with applicable Village ordinances and planning objectives.

(i)

Duration of the Planned Unit Development Agreement, along with terms under which a termination date may be extended by mutual agreement.

(j)

Applicability of future amendments to the general zoning regulations to land that is subject to the proposed Planned Unit Development Agreement.

(k)

Extent to which the Planned Unit Development plan may be modified subject to administrative approval, Planning Commission approval, or Village Council approval.

Revision to approved plans. Approved final plans for a planned development may be revised through the same process as the first approval, described above.

§ 475-11.05 Review and approval standards.

In considering any application for approval of a Planned Unit Development plan, the Planning Commission and Village Council shall make their determinations based on the following:

Conformance with the Planned Unit Development concept. The overall design and all uses proposed in connection with a Planned Unit Development shall be consistent with and promote the intent of the Planned Unit Development concept, as well as with specific project design standards set forth herein.

Compatibility with adjacent uses. The proposed Planned Unit Development shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design and layout features which exhibit due regard for the relationship of the development to surrounding properties and the uses thereon. In determining whether this requirement has been met, consideration shall be given to:

(1)

The bulk, placement, and materials of construction of proposed structures.

(2)

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

(3)

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

(4)

The hours of operation of the proposed uses.

(5)

The provision of landscaping and other site amenities.

Public services. The proposed Planned Unit Development shall not exceed the capacity of existing and available public services, including but not necessarily limited to utilities, public roads, police and fire protection services, and educational services, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the Planned Unit Development is completed. All utility services shall be underground.

Compatibility with the Master Plan. The proposed Planned Unit Development shall be consistent with the Future Land Use map in the Village Master Plan.

Compliance with applicable regulations. The proposed Planned Unit Development shall be in compliance with all applicable federal, state, and local laws and regulations.

§ 475-11.06 Existing Planned Unit Developments (PUDs).

The existence of Planned Unit Developments approved prior to the adoption of this chapter shall be considered legal conforming and shall be beholden to the stipulations (if any) as established during time of approval. Should an existing Planned Unit Development seek to expand or make modifications not in accordance with previous approval, any new expansion of use, erection of building or structure, shall be subject to meeting the provisions outlined within this article.