Summary of Amendments to the Leland Township Zoning Ordinance

Amendment #2007-03: To amend the Leland Township Zoning Ordinance Section 11.04 (R-2: Medium Density Village Residential District) to allow Planned Unit Developments as a use subject to special approval; to amend various sections of Article 17 (Standards for Planned Unit Developments) to establish standards for Planned Unit Developments in the R-2 district; and to add impervious surface to the definitions in Article 2.

1. Section 2.02—Amended to add the following definition: Impervious Surface—Any surface or structure incapable or highly resistant to penetration by water including, but not limited to, roofs of any type, concrete, asphalt or bituminous paving, compacted gravel, flagstone or brick patios, and driveways.

2. Section 11.04C—amended to add item 8 to the list of Special Land Uses Permitted by Special Approval, to read as follows: 8. Planned Unit Development.

3. Section 17.01, the initial phase of subsection B—amended to read as follows: B. Permitted Uses: Uses permitted in the applicable district and/or any of the following uses may be allowed in combination:

4. Section 17.01B.5—amended to read in its entirety as follows:
Nonresidential subordinate uses (an integral part of the planned unit development) in the AC, AR, R-1B or R-2 districts, shall be permitted provided:
the applicant can demonstrate subordinate usage by a site plan and explanation.
the Planning Commission finds, that the nonresidential uses as part of the residential component of the planned unit development in the AC, AR or R-1B district, shall principally serve the residential component of the planned unit development project as demonstrated by applicant with the site plan and expert analysis.
the Planning Commission finds, that the nonresidential uses are subordinate to the residential component of the planned unit development project when located in the R-2 district, and are compatible with the character of the surrounding area, regardless of whom the non-residential uses principally serve.
Unless the township establishes otherwise by its findings, historically nonresidential uses (in place for more than 40 years) shall be presumed to be compatible with the surrounding area, subject to the other requirements for accessory uses defined in this section.

5. Section 17.01C.3—amended to read as follows: 3. In the R-2 district and/or any PUD which incorporates in part a portion of land zoned R-2, shall be a minimum of two acres and shall not exceed four acres in size.

6. Section 17.01E.2—amended to read as follows: 2.a The total area of dedicated open space (as defined by this ordinance) shall equal at least 50 percent of a parcel located in the AC District, at least 40 percent of a parcel located in the A-R District, at least 20 percent of a parcel located in the R-1B District. In the C-1, C-2 and R-2 districts, the total amount of dedicated open space shall be site-determined, based on environmental features, lot size and neighborhood character. Dedicated open space may include flood plain areas and/or may include perimeter buffer areas, but required dedicated open space shall not include required yard setback areas, roads, parking spaces, public rights-of-way, and year-round submerged lands.

7. Section 17.01H.3.a—amended to read as follows: The total number of dwelling units permitted in a planned unit development in the C-1, C-2 or R-2 Districts shall be based on the compliance with applicable building code requirements, the provisions of adequate septic or sewer disposal and the provision of adequate on site parking standards, as determined by the Planning Commission based on the applicable (or similar use) standard(s) of Section 21.03. Additionally in the R-2 District, a maximum of 70 percent of the total PUD project area may be covered with buildings and impervious surfaces, and at least 51% of the usable enclosed square footage shall be devoted to housing or lodging uses.

8. Section 17.01—amended with subsections H.4, H.5, H.6 and H.7, to read as follows:
4. Yard and Setback Requirements – in AC or AR Districts
a. Lot Front Yard: 25 feet.
b. Lot Side Yard: None if shared wall construction is used, 10 feet otherwise.
c. Lot Rear Yard: 20 feet.
d. A minimum 50 feet buffer area along the perimeter of the PUD project shall be required.
5. Yard and Setback Requirements – in C-1, C-2, R1B or R-2 Districts
a. PUD project perimeter setback shall be equal to applicable setback of the underlying zoning district, unless reduced by the Planning Commission based on the following criteria:
(1) Use of the adjacent property
(2) Architectural design and character of the adjacent property
(3) Location of structure and/or applicable setbacks on the adjacent property.
(4) Location along a public street or road.
b. Building spacing: Emergency vehicle access shall be approved by the Leland Township Fire and Rescue Department.
Maximum Building Height – Two and one half (2?) stories but not to exceed thirty-five (35) feet.
Building design – in R-2 District – The architectural design of the buildings, including style, size, mass, scale and character shall be reviewed by the Planning Commission for compatibility with the surrounding area.

9. Article 17—amended to add Section 17.03, to read in its entirety as follows: 17.03 Parking requirements for PUDs in C-1, C-2, R-1B, and R-2—All on-site parking areas shall be located in the side or rear yards. The base number of parking spaces shall be calculated based on the standards in Article 21; however, the Planning Commission may grant a reduction in the required number and/or location of parking spaces based on the mix of uses and whether the peak times for different uses will significantly overlap, and whether additional parking is available off-site. The number of parking spaces shall not be reduced to less than one space per dwelling unit. Off-street parking that can be easily viewed from roads shall be screened with landscaping, unless specifically waived by the Planning Commission. Shared parking agreements are encouraged.

10. Severability: If any section, clause, or provision of this ordinance be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the ordinance. The Township Board hereby declares that it would have passed each part, section, subsection, phrase, sentence, and clause irrespective of the fact that any one or more parts, sections, subsections, phrases, sentences, or clauses be declared invalid.

11. Conflicts: If any provision of the Leland Township Zoning Ordinance conflicts with this amendment, the provisions of this amendment shall control.

12. Effective Date: This ordinance shall become effective eight days after being published in a newspaper of general circulation within the township, unless later date is specified.
A copy of the complete ordinance can be inspected or obtained at the Leland Township

Clerk’s Office, 112 W. Philip St., Lake Leelanau, MI 49653.
Jane M. Keen, Leland Township Clerk