The application for a special land use permit, also referred
to hereafter as "special use permit," shall be submitted and processed
under the following procedures:
A. Submission of application.
(1) An application shall be submitted through the Building Inspector
and/or Zoning Administrator on a special form for that purpose. Each
application shall be accompanied with the payment of a fee as established
by the Township Board of Trustees.
(2) In the event the allowance of a desired use requires both a rezoning
and special land use permit, both requests may be submitted jointly,
subject to the following:
(a)
The ordinance procedures for each shall be followed as specified.
(b)
All applicable standards and specifications required by this
chapter shall be observed.
B. Data required.
(1) The special form shall be completed in full by the applicant, including a statement by the applicant that §
300-63 can be complied with.
(2) The name, address and telephone number of the applicant.
(3) The legal description of the subject parcel of land.
(4) A site plan meeting the requirements of §
300-78.
(5) Any additional items or submissions as determined by the special
land use requirements of the specific, proposed use.
C. Charter Township of Midland Planning Commission. The Planning Commission
shall be the body responsible for reviewing and recommending special
land uses. The Planning Commission may, however, designate the Building
Inspector and/or Zoning Administrator some specific responsibilities
for assisting it in this function.
(1) Notification and publication. Once the Township has received a completed application package and the appropriate fee, the Planning Commission will process it in accordance with the public notice requirements described in §
300-79.
(2) Planning Commission review and hearing. The special use permit application
package shall be the subject of both a site plan review and a public
hearing conducted by the Planning Commission. If the applicant wishes
to have the site plan review and special use permit considered at
a single Planning Commission meeting, he or she must meet the following
requirements:
(a)
Public hearing on special use. The Planning Commission shall
hold a public hearing on the application as part of the meeting at
which the special use permit is considered.
[1]
Notice. A notice of public hearing processed in accordance with the public notice requirements described in §
300-79.
(b)
Consideration of a special use permit. Following the public
hearing, the Planning Commission Chairman shall accept a motion to
recommend approval, conditional approval, or denial of the special
use permit. Planning Commission members shall then discuss the motion
and vote upon it.
[1]
Open meeting. Note that the Open Meetings Act requires this vote to take place in an open public meeting.
[2]
Prompt decision. In the interest of fairness and a timely response
for all concerned parties, the Planning Commission shall render its
decision on the special use permit during the same meeting in which
the public hearing is held, unless further information must be obtained
before a decision can be made. In such cases, action upon the special
use permit may be tabled to a public meeting of the Planning Commission
to be held on a specific date which is identified in the motion to
table.
(c)
Site plan review. The Planning Commission shall conduct a site plan review for the proposed use, using the procedure and standards presented in Article
XIII and any specific standards identified for a special use by this chapter. The Planning Commission may approve the site plan as presented, approve it with conditions, deny it, or table approval of it to a specific meeting date.
[1]
Public input. The site plan review is intended to be an objective
review of factual information to determine whether precise standards
have been met. However, the Planning Commission may choose to accept
public comments or questions relating only to design considerations
of the site plan.
[2]
If the site plan is denied. In the event the site plan is denied,
consideration of the special use permit shall still occur. The special
use permit may still be approved with the condition that site approval
must be obtained before the special use permit is valid.
(3) Recommendation. The Planning Commission may make a recommendation
to the Township Board to deny, to approve or to approve with conditions,
the request for special land use approval. If the application for
a special land use permit is in compliance with all standards in this
chapter and other applicable ordinance and state and federal statutes,
it shall be approved. The decision on a special land use shall be
incorporated in a written statement of findings and conclusions relative
to the special land use which specifies the basis for the decision
and any conditions imposed. The Charter Township of Midland Planning
Commission must make the recommendation to deny, approve or approve
with conditions a request for special land use permit within 60 days
of its submission to the Planning Commission except in those cases
where the applicant has been requested to furnish additional information,
in which case a decision shall be made within 30 days from the receipt
of said information.
(4) Approval. After receiving the recommendation from the Planning Commission,
the Charter Township of Midland Board of Trustees shall make its decision.
(5) Reapplication. An application for a special use permit which has
been denied by the Planning Commission may not be resubmitted for
one year after the date of such denial.
(6) Terms of permit. If a use established under a special use permit
is discontinued for a period of one year, the special use permit shall
expire. If the use and/or structure for which a special land use permit
was approved does not commence construction within one year of its
approval, the special use permit shall expire. To reestablish the
use after such expiration will require granting of a new special use
permit, starting with a new application.
(7) Revocation. The privilege of a special use permit is subject to all conditions that have been attached to it during the process described above. Except as noted in Subsection
C(6), the permit remains valid as long as all of those conditions are met. However, the Township Board shall revoke any special use permit after it has been proved that the permit conditions have been violated. The special use permit is a condition of the approval of the zoning permit, and revocation of it shall void the zoning permit.
(a)
First notice. The Building Inspector and/or Zoning Administrator
shall send written notice of a violation to the holder of the special
use permit by certified mail. The notice shall state that correction
must be made within 30 days or the Township Board will revoke the
special use permit and order the use to cease.
(b)
Considered nonconforming. From the time the Building Inspector's
and/or Zoning Administrator's notice of violation is issued,
until compliance with all special use permit conditions is restored,
the use in question shall be treated as an illegal nonconforming use.
(c)
Planning Commission action. The Building Inspector and/or Zoning
Administrator shall notify the Planning Commission of the violation
of conditions of the special use permit at the next regular Township
Board meeting, and revocation of the special use permit shall be considered
then. The Township's Board meeting will usually occur before
the thirty-day period for the first notice has expired. In that case,
the resolution to revoke the special use permit should be worded so
that it takes effect only if compliance with all requirements is not
restored. It shall also include authorization for the Building Inspector
and/or Zoning Administrator to order the permit holder to cease the
permitted use if the violation is not corrected by the end of the
first notice period.
(d)
Second notice and order. After expiration of the thirty-day
period, the Building Inspector and/or Zoning Administrator shall notify
the permit holder by certified mail that the special use permit has
been revoked, and the use for which the permit was granted must cease
within 60 days from the date of this second notice.
(e)
Enforcement of order. Failure to comply with the order to cease an activity for which a special use permit has been revoked is a violation of this chapter, subject to all penalties thereof; see §
300-82.
Before approving or denying a special use permit application, the Planning Commission reviews the site plan for said use to establish that all applicable standards are satisfied. The site plan review shall determine compliance with the applicable district regulations, the site plan review standards from Article
XIII, and any applicable standards from this chapter. Additionally, the following general standards, as well as specific use standards, shall be satisfied.
A. General standards. The Planning Commission shall review each application
for the purpose of determining that each proposed use meets the following
standards and, in addition, shall find adequate evidence that each
use on the proposed site will:
(1) Be designed, constructed, operated and maintained so as to be harmonious,
and appropriate in appearance, with the existing or intended character
of the general vicinity and that such a use will not change the essential
character of the area in which it is proposed.
(2) Not be hazardous or disturbing to existing or intended uses in the
same general area and will be an improvement to property in the immediate
vicinity and to the community as a whole.
(3) Be served adequately by essential public facilities and services,
such as highways, streets, police, fire protection, drainage structures,
refuse disposal, water and sewage facilities or schools.
(4) Not create excessive additional requirements at public cost for public
facilities and services.
(5) Not involve uses, activities, processes, materials and equipment
or conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
(6) Be consistent with the intent and purpose of the zoning district
in which it is proposed to locate such use.
(7) Be compatible with the natural environment, including terrain, biota,
floodplains and distinctive features or characteristics.
B. Conditions. The Charter Township of Midland Planning Commission may
recommend that additional conditions be imposed as part of issuing
a special land use permit if it is necessary to ensure that public
services and facilities affected by the land use or activity will
be capable of accommodating increased service and facility loads caused
by the land use or activity, to ensure compatibility with adjacent
uses of land and to promote the use of land in a socially and economically
desirable manner. Conditions imposed shall meet all of the following
requirements:
(1) Be designed to protect natural resources, the health, safety and
welfare and the social and economic well-being of those who will use
the special land use or activity under consideration, residents and
landowners immediately adjacent to the proposed land use or activity
and the community as a whole.
(2) Be related to the valid exercise of police power and purposes which
are affected by the proposed use or activity.
(3) Be necessary to meet the intent and purpose of this chapter, be related
to the standards established in this chapter for the land use or activity
under consideration and be necessary to ensure compliance with those
standards.
(4) The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent and recommendation of the Board of Trustees and landowner. The Board of Trustees shall maintain a record of conditions which are changed. The breach of any condition shall be cause for the Township Board to revoke a special use permit as described in §
300-62C(7).
C. Specific requirements. The general standards and requirements of
this section are basic to all uses authorized by special land use
permit. The specific and detailed requirements set forth in the following
section relate to particular uses and are requirements which must
be met by those requirements, where applicable.
It is the purpose of this section to encourage more imaginative
and livable housing environments within the residential districts,
as noted, through a planned reduction, or averaging, of the individual
lot and/or area requirements for each zone district, providing the
overall density requirements for each district remains the same. Such
averaging or reduction of lot area requirements shall only be permitted
when a landowner, or group of owners acting jointly, can plan and
develop a tract of land as one complex land use unit, rather than
an aggregation of individual buildings located on separate, unrelated
lots. Under these conditions, a special use permit may be issued for
the construction and occupancy of a planned unit development, providing
the standards, procedures and requirements set forth in this section
can be complied with.
A. Objectives.
(1) To provide a more desirable living environment by preserving the
natural character of open fields, stands of trees, brooks, ponds,
floodplains, hills and similar natural assets.
(2) To encourage the preservation of open space and the development of
recreational facilities in a generally central location and within
reasonable distance of all living units.
(3) To encourage developers to use a more creative and imaginative approach
in the development of residential areas.
(4) To provide for more efficient and aesthetic use of open areas by
allowing the developer to reduce development costs through the bypassing
of natural obstacles in the residential site.
(5) To encourage variety in the physical development pattern of the community
by providing a variety and mixture of housing types.
B. Qualifying conditions. Any application for a special use permit shall
meet the following conditions to qualify for consideration as a planned
unit development.
(1) All planned unit developments shall be under the control of the one
owner or group of owners and shall be capable of being planned and
developed as one integral unit.
(2) Public water facilities shall be available or shall be provided as
part of the site development. The developer must demonstrate ability
to provide water and sanitary sewer services, including all required
county approvals and permits, or show connection to the public water
system.
(3) For each square foot of land gained by averaging the lot sizes, an
equivalent amount of land shall be set aside for common use. This
land shall be dedicated for the use of the home or lot owners within
the planned unit development under legal procedures. These legal procedures
shall also give the public a covenant or interest herein, so as to
provide a legal mechanism to ensure that the required open space as
documented remains open in perpetuity.
(4) The proposed planned unit development shall meet all of the general
standards outlined herein.
C. Uses that may be permitted. The following uses of land and structures
may be permitted within planned residential unit development, subject
to the district limitation as therein after listed:
(1) Single-family dwellings. In any R District.
(2) Two-family dwellings. In R-2 or B District.
(3) Townhouses, row houses, or other similar housing types which can
be defined as a "single-family attached dwelling" with no side yards
between adjacent dwelling units in R Districts, provided that there
shall be no more than a length of 150 feet in any contiguous group
allowed within the R-2 District, nor shall there be more than a length
of 200 feet in B Districts.
(4) Apartments. In R-2 or B Districts.
(5) Recreation and open space, as defined (in any R District), provided
that only the following land uses may be set aside as common land
for open space or recreational use under the provisions of this section.
(a)
Private recreation facilities, such as golf courses, swimming
pools or other recreation facilities which are limited to the use
of the owners or occupants of the lots located within the planned
unit development.
(b)
Historic building sites, or historical sites, parks and parkway
areas, ornamental parks, extensive areas with tree cover, lowlands
along streams or areas of rough terrain, when such areas have natural
features worthy of scenic preservation.
(6) Planned neighborhood shopping centers in an R-2 or B District.
D. Lot variation and development regulations. The lot area for planned
unit developments within Residential R Districts may be averaged or
reduced from those sizes required by the applicable zoning district
within which said development is located by compliance with the following
requirements:
(1) Site acreage computation.
(a)
The gross acreage proposed for a planned unit development shall
be computed to determine the total land area available for development
into lots under the minimum lot size requirements of the applicable
zoning district in which the proposed planned unit development is
located.
(b)
In arriving at a gross acreage figure, the following lands shall
not be considered as part of the gross acreage in computing the maximum
number of lots and/or dwelling units that may be created under this
procedure:
[1]
Land utilized by public utilities as easements, for major facilities
such as electric transmission lines, sewer lines, water mains or other
similar lands which are not available to the other because of such
easement. Lands within floodways.
(2) Maximum number of lots and dwelling units. After the total gross
area available for development has been determined by the above procedure,
the maximum number of lots and/or dwelling units that may be approved
within a planned unit development shall be computed by subtracting
from the total for street right-of-way purposes and dividing the remaining
net area available by the minimum lot area requirements of the zoning
district in which the planned unit development is located.
(3) Fixed percentages for street right-of-way purposes.
(a)
The fixed percentages for street right-of-way purposes to be
subtracted from the total gross area available for development shall
be determined according to the following schedule:
District Use
|
Percent of Project Area
|
---|
R-1 and R-2 (single-family detached)
|
25%
|
R-1, R-2, B (single-family attached, two-family and multiple-family)
|
20%
|
(b)
These percentages shall apply regardless of the amount of land
actually required for street right-of-way.
(c)
Under this procedure, individual lots may be reduced in area
below the minimum lot size required by the zone district in which
the planned unit development is located, provided that the total number
of dwelling units and/or lots created within the development is not
more than the maximum number that would be allowed if the tract were
developed under the minimum lot area requirements of the applicable
zone district in which it is located.
(d)
Recognizing that good project planning, provision of adequate
and developed open space and sound site design minimize the effects
of crowding associated with higher densities, the developer at the
time of a special use permit may also request a maximum of up to 20%
increase in permitted dwelling unit density, as above-computed.
(e)
Said request may be granted as a condition of special use permit,
provided increased density does not result in creation of any of these
conditions:
[1]
Inconvenience or unsafe access to the planned development.
[2]
Traffic congestion in streets which adjoin the planned development.
[3]
An excessive burden on public service or utilities including
schools which serve the planned development.
(4) Permissive minimum lot area. Notwithstanding other procedures set
forth in this section, lot sizes within planned unit developments
shall not be varied or reduced in area below the following standards:
(a)
One-family detached dwelling structure: 4,800 square feet of
lot area.
(b)
Two-family dwelling structure: 6,200 square feet of lot area.
(c)
Townhouses, row houses or other similar permitted single-family
attached dwelling types: 6,200 square feet of lot area for the first
dwelling unit in each structure, plus 2,000 square feet for each additional
dwelling unit within a structure.
(5) Permissive minimum yard requirements. Under the lot averaging or
reduction procedure, each shall have at least the following minimum
yards:
(a)
Front yard: 15 feet for all dwellings, provided that front yard
requirements may be varied by the Planning Commission after consideration
of common green space or other common open space if such provides
an average of 15 feet of front yard area per dwelling unit.
(b)
Side yard: eight feet on each side for all one-family and two-family
dwellings; none for townhouses or row houses, provided that there
shall be a minimum of 20 feet between end of contiguous groups of
dwelling units.
(c)
Rear yard: 20 feet for all dwellings, provided that rear yard
requirements may be varied by the Planning Commission after consideration
of common open space lands or parks which abut the rear yard area.
(d)
Perimeter setback. The yard requirements at the exterior boundaries
of the project will not be less than the minimum yards required in
the district where located.
(6) Maximum permissive building height: 2 1/2 stories, but not exceeding
35 feet. Accessory buildings shall not exceed a height of 15 feet.
E. Open space requirements. For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this section, equal amounts of land shall be provided in open space, as defined in Article
II. There is no maximum amount of open space that may be set aside as open space. All open space, tree cover, recreational area, scenic vista or other authorized open land areas shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot or home owners within the development, or shall be dedicated to the general public as parkland for the use of the general public. The Planning Commission shall determine which of these options is most appropriate and shall recommend to the legislative body one of the following procedures as part of its approval of a special use permit for a planned unit development:
(1) That open space land shall be owned by the landowner or owners or
a homeowners' association or other similar nonprofit organization
so that fee simple title shall be vested in tract lot owners as tenants
in common, provided that suitable arrangements have been made for
the maintenance of said land and any buildings thereon, and provided
further that a copy of the open space easement for said land be conveyed
to the legislative body to assure that open space land remain open.
(2) That open space land shall be dedicated to the general public for
parks or recreational purposes by the tract owner or owners, provided
that the location and extent of said land conforms to the development
plan and provided further that access to and the characteristics of
said land is such that it will be readily available to and desirable
for public use, development and maintenance.
(3) It is the intent of this section that the owners or developers of
the planned unit development shall not be compelled or required to
improve the natural condition of said open space lands.
F. Street development requirements. Street standards and specifications
adopted by the Midland County Road Commission and all applicable local
standards shall be complied with for all street improvements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter is intended to provide an optional method for residential
development, as required by Act 110 of the Public Acts of 2006 (MCLA
§ 125.3101 et seq.), allowing for a minimum of 50% open
space in the total proposed development. A residential development
compatible with the open space preservation ordinance shall achieve
economy and efficiency in the use of land and natural resources, to
provide for efficiencies and economics in providing public services
and utilities to encourage the development of more useful open space.
The residential development shall not detract from the surrounding
rural areas in which it is located and shall be consistent with the
intent of the Township to provide safe, quality housing for its residents.
A. Applicability. All lots created after the effective date of this
chapter where residences are permitted by rights at a density of two
dwelling units per acre or less. These provisions shall apply in the
following districts:
(2) All planned unit development (PUD) projects, as permitted in this chapter, subject to all the provisions of §
300-67, Planned residential unit development, and all other applicable provisions of Article
XII and this chapter.
B. Development standards.
(1) Density. The maximum density permitted in an open space development
is equal to the density in the existing zoning district.
(2) Site development requirements. Site development requirements for
open space developments will follow the regulations in the existing
zoning districts, with the following exceptions:
(a)
Minimum lot area: 9,500 square feet.
(b)
Minimum lot frontage: 80 feet.
(c)
Rear yard setback: 20 feet.
(d)
Maximum lot coverage: not applicable.
(3) Buffer requirements. When located adjacent to existing residential
development, the proposed open space development shall provide a minimum
of 100 feet between the property line of the adjacent residential
development and the nearest structure within the open space development.
This buffer does not count toward the open space requirement.
C. Application procedures. A developer who wishes to use the open space development option shall submit two concept plans for review by the Zoning Administrator and the Planning Commission. These concept plans shall be prepared in accordance with the site plan requirements in Article
XIII and the following additional requirements:
(1) Density concept. One concept plan shall portray the development of
the dwelling units on the site according to the requirements for the
zoning district in which the site is located with respect to lot area,
width, setbacks, and all other dimensional requirements. The proposed
density must be realistic in terms of the project area that would
actually be buildable. Wetlands, floodplains, areas that are reserved
for roads or utility easements, and other areas that are unbuildable
shall be excluded from the project density calculations.
(2) Open space concept. The other concept plan shall portray the development
of the dwelling units in a manner so that at least 50% of the land
area of the site will perpetually remain in an undeveloped state.
The open space concept plan shall contain the same number of dwelling
units as the density concept plan.
(3) Project narrative. The applicant shall provide a written narrative
that explains the project and its benefits. The narrative should specifically
address all elements of the project that would not comply with the
zoning district regulations that would apply to the density concept
plan.
(4) Long-term maintenance plan and maintenance schedule. The applicant
shall provide a written narrative that details the proposed maintenance
plan for the portion of the property to remain undeveloped. The plan
should detail the specific maintenance that will occur, how often
and how it will be perpetually funded.
D. Approval standards. The following requirements, in addition to the
general standards contained within this chapter, must be met:
(1) Water supply and wastewater disposal. The proposed development will
comply with all requirements of the Midland County Department of Public
Health for residential water supply and wastewater disposal.
(2) Land Division Act. The proposed development will comply with all
requirements of the Land Division Act.
(3) Creation of open space. At least 50% of the project land area will
remain perpetually in an undeveloped state, as previously defined
in this section, by means of conservation easement, plat dedication,
restrictive covenant, or other legal means that runs with the land
and that is acceptable to the Township. The conservation easement,
plat dedication, restrictive covenant or other legal means must include
the maintenance agreement as proposed by the developer and approved
by the Township. Failure to maintain the property as agreed is equal
to a failure to abide by this chapter and the approval of the Planning
Commission. Furthermore, the conveyance should provide for the assessment
of the private property owners by the Township for the cost of maintenance
of the open space in the event that it is inadequately maintained
and becomes a public nuisance.
E. Maintenance of open space. The open space as identified and approved
in the open space development must be maintained as agreed and identified
in the narrative submitted under this section. As part of the special
land use approval, the owner or owners of the open space development
agree to provide access to the Township Zoning Administrator to inspect
the maintenance of the open space. Approval of this open space development
special land use provides the Township the right to, after inspection
and request of the developer, provide maintenance of the open space
area as specified within the approval at a cost of the maintenance
to the Township, plus 25%. These costs will be distributed among the
property owners within the development by special assessment.