§ 155.440  PLANNED UNIT DEVELOPMENTS (PUD).
   The following site design standards are required for all Planned Unit Developments:
   (A)   Such development is found not detrimental to the public health, safety and general welfare of the occupants and the community.
   (B)   Requirements regarding tract.
      (1)   The minimum required land area for a planned unit development shall be 60 contiguous acres.
      (2)   The developer shall provide within the planned unit development, a sanitary sewage system which shall be of sufficient size and design to collect all sewage from all present and proposed structures in the planned unit, shall connect with the city's system, and shall be otherwise constructed and maintained in conformity with the statutes, ordinances, and regulations of the State of Michigan, the Clinton County Health Department and the city.
      (3)   The developer shall provide within the  planned unit development a storm drainage system which shall be of sufficient size and design as will in the opinion of the city's Engineer collect, carry off and dispose of all predictable surface water run-off within the development and any adjoining tributary area and shall be so constructed as to conform with the statues, ordinances and regulations of the State of Michigan, the Clinton County Health Department, the Clinton County Drain Commissioner's Office and the city.
      (4)   The development must be served by the city water system.
   (C)   Permitted uses.
      (1)   Single family attached or detached dwelling.
      (2)   Apartment building or townhouse.
      (3)   Accessory private garage.
      (4)   Public or private park or recreation area which may include a golf course, swimming pool, tennis court, ski slope, toboggan run, ice skating rink, and other similar recreational uses, but which may not include any use or activity which produces noise, glare, odor, air pollution, fire, or other safety hazards, smoke, fumes or other pollutants detrimental to existing or prospective adjacent structures or to existing or prospective occupants or the general public.
      (5)   Municipal building.
      (6)   School.
      (7)   Church, temple, synagogue, parsonage or parish house, convent.
      (8)   Art gallery or professional office.
      (9)   Theater for stage productions or films, but not a drive in theater.
      (10)   Studio of artist, sculptor, musician or photographer, but no goods or objects shall be sold or publicly displayed on the premises.
      (11)   Restaurant.
      (12)   Business activities of a local or neighborhood character, conducted within an enclosed building only, providing necessary services for the day-to-day operation of a household, and which can be supported economically by a small neighborhood area, including business of the type included in, although not limited to, the following:
         (a)   Barber and beauty shop.
         (b)   Cigar store.
         (c)   Cleaning and dyeing distribution shop (no processing).
         (d)   Dairy products, retail sales.
         (e)   Delicatessen.
         (f)   Drugstore.
         (g)   Laundry collecting shop, self-service laundry, self service dry cleaner, and hand laundry.
         (h)   Local store selling at retail, fish, fruit, food, hardware, meats (no slaughtering) and vegetables, and beer and wine under SDM license and gasoline from not more than three gasoline pumps; provided further, that such store may not exceed 12,000 square feet of sales floor area.
         (i)   Newsstand.
   (D)   (1)   Density and design standards.
      (2)   Area limitations for various uses. Within a planned unit development the following percentages of the total land area shall be devoted to the specified uses:
         (a)   A maximum of 80% for residential use; land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts which abut and service primarily residences or groups of residences, but it shall not include useable open space which is available for use by the general public or by persons who do not live in the residences or groups of residences immediately adjacent to it unless otherwise provide herein.
         (b)   A maximum of 20% for non-residential uses and required parking, provided however that open air recreational uses, other open space uses and land devoted to streets shall not be included in determining non-residential use.
         (c)   A minimum of 20% for open air recreational uses and other useable open space.
            1.   Useable open space shall be defined as an open area designed and developed for common use by the occupants of the development or by others for recreation (whether commercial, private or public) courts, gardens or household service activities such as clothes drying, which space is effectively separated from automobile traffic and parking and is readily accessible; the term shall not include space devoted to streets and parking.
            2.   Residential density. The density of residences shall not exceed six units per acre of the land within the development which is devoted to residential use and useable open space.
            3.   Lot size. There shall be no minimum lot size, no minimum setbacks, no minimum percentage of lot coverage and no minimum lot width for any unit; provided, however, that in areas of single family and/or townhouse structures which are to be sold and for which the care and maintenance of the grounds and exteriors associated with such structures will be the responsibility of the purchaser of such structure or parts of such structures, such areas shall be platted with applicable and recordable provisions of the Subdivision Regulations.  For purposes of determining overall densities within the planned unit development, the number of units located in such platted areas shall be included.
            4.   Height. The height of any structure within a planned unit development shall be related to the location of the structure such as to equal the distance to any adjacent property line; provided, however, the height limitation shall be related to the firefighting capability of the city and provided further, that this provision shall not affect any structure of less than 35 feet.
            5.   Location of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.  Every single family dwelling shall have access to a public street, court, walkway or other area dedicated to public use.  No apartments or townhouses structures consisting of five or more dwelling units shall be erected within 24 feet of any other structure.
            6.   Protection of open spaces. Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications, as the Planning Commission shall specify.
            7.   Roads and parking areas. The dimensions and construction of roads, alleys, and parking areas within the development, whether or not dedication of them to the city is contemplated, shall conform with all applicable state, county and city ordinances.
   (E)   Procedure.
      (1)   Before any conditional use permit or building permit is issued for land or a building in a PUD, the developer shall obtain approval by the City Planning Commission of an overall plan for development of the land.  For this purpose, he or she shall submit to the Planning Commission a plan which:
         (a)   Shall state the acreage to be devoted to specific uses;
         (b)   Shall set forth the proposed density of dwelling units;
         (c)   Shall include a major thoroughfare plan and a public utility plan;
         (d)   And shall include a separate plan showing the location of parks, open recreation areas and other open spaces, schools and other public or community uses.
      (2)   The criteria for approval of any planned unit development shall be those which are included within the special use permit review subchapter of this chapter in §§ 155.255 through 155.261.  These criteria shall include the desirability of the planned unit development's design in terms of traffic safety, health, drainage, densities, land use relationships of proposed uses to each other and uses adjacent to the site and its overall relation to a community development plan if such a plan exists.
      (3)   If the plan is approved by the Planning Commission, the developer shall thereafter submit a detailed plan, containing all the information required of this chapter.
         (a)   The Planning Commission shall review the detailed plan to determine that it complies with this chapter and with the overall plan originally submitted by the developer, and make a recommendation to the City Commission.
         (b)   Approval of any detailed plan shall lapse unless construction is started in that section within two years.
         (c)   No conveyance of land within the development may be made until the developer has complied with all city regulations.
(Ord. 616, passed 9-23-2013)