§ 46-315. Design requirements.

Within the R-PUD, the requirements hereinafter set forth shall apply in lieu of any conflicting regulations set forth in the district in which the development is located:

(1)

Number of units permitted. The maximum number of units permitted within the project shall be determined by dividing the net planned unit development area, as defined in this subsection, by the minimum zoning lot area per unit required by the underlying district in which the project is located. In the event the project lies in more than one zoning district, the number of units shall be computed for each district separately. Net planned unit development area shall be defined as the gross area of the R-PUD site minus the sum of those areas occupied by the structures, uses, wetlands and water bodies stated in this subsection (1):

a.

All areas planned for the placement of nonresidential buildings and associated nonresidential buildings and structures, including parking areas, loading and unloading areas, accessory buildings, dumpster pads, and road and driveway rights-of-way whose only function is to serve traffic movements associated with nonresidential uses. Determination of the extent of these areas shall be based on the footprint of each nonresidential building, structure and use which shall be detailed on the R-PUD sketch site plan;

b.

Seventy-five percent of all areas classified as a regulated wetland under the provisions of part 303 of Public Act No. 451 of 1994 (MCL 324.3031 et seq.), and 75 percent of all area classified as a regulated inland lake or stream under the provisions of part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.). The location and size of these areas shall be indicated on the R-PUD sketch site plan.

(2)

Reduction of lot area requirements. The minimum lot area may be reduced for any permitted use provided; however, said reduction shall not be greater than 33 percent below that required in the district in which the project is located.

(3)

Setbacks, yards and open spaces. The minimum setbacks, yards and open space requirements for buildings and structures may be reduced or increased in the discretion of the planning commission to avoid unnecessary disruption of the environment where reasonably equivalent open space is provided elsewhere upon the site.

(4)

Reduction of minimum lot frontage and width. The minimum lot frontage and width for any lot designated for single-family dwellings may be reduced up to 33 percent below the requirements of the district in which the R-PUD is located.

(5)

Screening. A screening area comprised of landscaping, fencing, increased building setback, or any combination of the same, may be required by the planning commission along the perimeter of the R-PUD or any portion thereof, if deemed necessary to ensure a more compatible relationship between the R-PUD and adjoining property.

(6)

Open space required. Within every R-PUD there shall be planned and set aside permanently as part of the total development an amount of common open space equal to not less than the aggregate accumulation of lot size reduction below the minimum lot area for the development as a whole.

a.

Before accepting the open space as meeting the requirements of this provision, the planning commission must find the land thus designated:

1.

To be sufficient in size, suitably located, with adequate access; and

2.

With evidence given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the municipality of future maintenance thereof.

b.

For the purposes of meeting the open space requirement in this subsection, the planning commission may consider regulated wetlands and regulated water bodies, as defined under subsection (1)b of this section, provided said wetlands and water bodies are integrated into the R-PUD in such a way that R-PUD residents are afforded the opportunity to access and use these natural features for recreational purposes.

(7)

Arrangement of open space. All required open space within the R-PUD shall be arranged so as to provide benefit to the maximum number of dwelling units. Separate tracts of open space shall have adequate pedestrian access from at least one point along a public street or from a right-of-way in common ownership to all R-PUD residents and easily accessible by the same.

(8)

Sign standards. All signs located in the R-PUD shall be subject to the requirements of section 46-664. The underlying zoning district shall be used as a guide.

(9)

Variations. With the exception of increases in permitted housing density, the planning commission may authorize variations from the design provisions of this section, which will not be incompatible with the purposes of the R-PUD or the criteria required in this section, and will not be obstructive of view, light or air, or hazardous or otherwise a nuisance or annoyance to adjacent developments, highway motorists or the general public.

a.

The purpose of these variations is to provide for reasonable flexibility in the regulations as a means of:

1.

Permitting the development of a site upon which buildable areas exist, but upon which the majority of the site area is encompassed by regulated wetlands, regulated water bodies, other unique natural features, or combinations of each; or

2.

Providing opportunity for the development of innovative design concepts which will be of public benefit.

b.

In consideration of a variation, the applicant shall demonstrate:

1.

The property values of parcels contiguous to the R-PUD will not depreciate as a result of the variation;

2.

The existing public infrastructure, or infrastructure proposed for construction as a component of the R-PUD, is capable of supporting the variation; and

3.

The R-PUD could not reasonably be developed without a variation due to practicable difficulties associated with the physical characteristics of the site; or a variation offers an appropriate alternative to compliance with the design requirements of this section.

(Prior Code, § 5.37; Ord. No. 941, 6-16-1980; Ord. No. 95-17, 7-17-1995)