§ 44-807. Project design standards.

(a)

Residential uses shall be permitted with a maximum density of one times the units per gross acre authorized in the residential underlying zoning district in which the property is situated, which may be increased pursuant to subsection (d) of this section. For purpose of this calculation, gross acreage shall include all areas to be used for residential purposes, including off-street parking, and all open space devoted exclusively for residential use or for natural resource preservation. The density for residential uses in a nonresidential district shall be determined in the discretion of the city council consistent with the master plan, the standards contained in this chapter, and the impact such density would have upon water and sewer services, stormwater drainage, road capacity, traffic, parks and recreation, fire and police services, schools, character of the area, and any planned public and private improvements in the area.

(b)

In residential underlying zoning districts, nonresidential uses shall be permitted as part of a common planned unit development with a residential component to the extent the applicant demonstrates by expert analysis and the city council finds, in its discretion, that the nonresidential uses shall principally serve the persons residing in the residential units in the project. This restriction shall not apply in nonresidential underlying zoning district. Nonresidential uses, including, without limitation, parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles, provided it is recognized that this provision may have limited application to multi-use buildings.

(c)

Applicable regulations:

(1)

Subject to subsection (c)(2) of this section, all regulations applicable to lot size, lot width, lot coverage, parking and loading, general provisions, and to other requirements and facilities shall be as follows:

a.

Single-family detached residential uses shall meet the regulations applicable in the R-1 district.

b.

Single-family attached residential uses shall meet the regulations applicable in the R-2 district.

c.

Multiple-family residential uses shall meet the regulations applicable in the R-3 district.

d.

Commercial uses shall meet the regulations applicable in the C-2 district.

e.

Office uses shall meet the regulations applicable in the C-1 district.

f.

Industrial uses shall meet the regulations applicable in the M-1 or M-2 district.

g.

Mixed uses shall meet the regulations applicable to the most dominant use in the mix, with the determination relative to which uses constitutes the "dominant use" being determined in the discretion of the city council.

(2)

Consistent with the planned unit development concept, and toward the end of encouraging flexibility and creativity in development, departures from compliance with the regulations provided for in subsection (1) of this section may be granted in the discretion of the city council as part of the approval of a planned unit development. Such departures may be authorized on the condition that there are features or planning mechanisms deemed adequate by the city council designed into the project for the purpose of achieving the objectives intended to be accomplished with respect to each of the regulations from which a departure is sought.

(d)

An additional density increase of ten percent of dwelling units for residential uses may be allowed in the discretion of the city council based upon a demonstration by the applicant of design excellence in the planned unit development resulting in a substantial benefit to all or a significant portion of ultimate residential users of the project, including, without limitation, development of innovative design producing significant energy efficiency, pedestrian or vehicular safety, or a long-term aesthetically pleasing appearance. Such additional density authorization shall only be permitted if and to the extent that compliance can be maintained with the PUD regulations of section 44-806.

(e)

The development shall be designed so as to promote preservation of natural resources and natural features. In the interpretation of this provision, natural resources and natural features may be impaired or destroyed if it is in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of natural resources and natural features, and taking into account the provisions and standards of Act 127 of the Public Acts of 1970, as amended, of the Michigan Environmental Protection Act.

(f)

The city council shall take into account the following considerations, as the same may be relevant to a particular project and ensure compliance with all related applicable regulations: Perimeter setback and berming; thoroughfare, drainage and utility design; underground installation of utilities; insulating the pedestrian circulation system from vehicular thoroughfares and ways; 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 nonresidential uses adjoin off-site residentially zoned property.

(Code 1977, § 28-421; Ord. No. 23-QQ, 3-14-1988)