ARTICLE 18A:† MIXED USE DEVELOPMENT† Amended June 1, 2006
NOTE:† Formally called Planned Unit Development
The purpose of a MIXED USE DEVELOPMENT (MUD) is to permit greater flexibility in land use regulations thereby allowing the developer to use a more creative approach in the development of land. Density requirements, setbacks and other land use regulations may be adjusted to allow for a more desirable living environment and to meet growing demands of population. Preservation of natural features, harmonious variety of uses, the economy of shared services and facilities, and a development more compatible with the surrounding area are a few of the common benefits attained from a MIXED USE DEVELOPMENT.
The MUD approach is expected to result in development that is superior to what could be obtained through ordinary lot-by-lot development. It is not intended to circumvent conventional land use regulations.
This zoning district is created to be over layed or appended to a Residential, Transitional Agriculture, Commercial and Industrial zoning district. It will permit a tract of land or lot to be developed as a single complete planned development.
In return for greater flexibility in site development, the MUD introduces some special requirements and standards for design approval with conservation of open space being an example. These conditions will be employed to maximize quality of site design and to encourage unified planning.
The MUD District is an overlay zone. Although the specific conditions within this district are predetermined, the location of a proposed district must be carefully reviewed to assure that these conditions can be met.
Section 1.††††††† Intent
The proposed development shall be designed:
1. To produce an environment of a stable and desirable character, not out of harmony with its surrounding neighborhood and in accordance with the Stanton County Comprehensive Plan.
2. To encourage the creative design of new living, retail, industrial and recreational areas, as distinguished from subdivisions of standard lot sizes, in order to permit such creative design in buildings, common open space, and their inter-relationship while protecting the health, safety, and general welfare of existing and future residents of surrounding neighborhoods.
3. To conserve the value of the land.
4. To encourage innovation in residential, transitional agriculture, commercial and industrial developments and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of common open space supplemental to said buildings.
Section 2.††††††† Requirements:
1. The minimum size allowed for a MUD District shall be as follows:
Residential, one acre
Transitional Agriculture, five acres
Commercial, three acres
Industrial, five acres
However, all minimum lot sizes shall be subject to the requirements found in Article 19, Section 14, Sanitary Requirements
2. The developer shall provide and record easements and covenants and shall furnish such performance bonds, escrow deposit or other financial guarantee for public improvements as may be determined by the County Board to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.
3. A MUD in the Transitional Agriculture District where cultivated land and pasture land is preserved shall accomplish the following design objectives:
a. Preserve the rural character of the open fields and pastures and natural wooded areas.
b. Preserve the natural habitats.
c. Preserve natural drainage courses.
d. Preserve the existing natural topography.
4. The actual density of the MUD shall be determined by conditions specifically applicable to the site such as topography, the character of the surrounding property, traffic movement, or adequacy of public services.
5. A zoning change is not required
Section 3.††††††† Use Regulations:
This district is intended to allow a limited number of uses not otherwise permitted in the underlying zoning districts. These regulations need not be uniform with regard to each land use.
Section 4.††††††† Standards and Conditions for Development †
A MIXED USE DEVELOPMENT shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, and location of buildings, the density or intensity of use, common open space, public facilities, and the development by geographic division of the state:
1. The development shall not impose an undue burden on public services and facilities, such as fire and police protection.
2. The location and arrangement of structures parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses and any part of a MUD not used for structures, parking and loading areas, or access ways shall be landscaped or otherwise improved.
3. Signs shall be permitted in accordance with the primary district, however the Planning Commission and County Board may allow exceptions.
4. The entire tract or parcel of land in the MUD shall be held in single ownership or control, or if there are 2 or more owners, the application for such MUD shall be filed jointly by all owners.
5. If the development abuts or faces a residential district, there shall be a buffer strip of at least 25 feet. The buffer strip shall be fenced or screened as agreed upon.
6. Residential MUDís must have a frontage road onto a maintained public road or street.
7. All commercial MUDís must have access to a collector or arterial street.
8. The MUD District may allow for Cluster Developments provided they meet the definition of this Regulation and/or the developer creates a common open space area which also contains a centralized sanitary sewer system which meets all requirements of the NEDQ for design and proper design capacity, including all other required permits.
9. The developer shall submit plans for the developments sanitary septic system to the Zoning Office and to the NDEQ for review. The MUD district shall not be approved until all criteria have been met for the District, including approval and sign off of the sanitary septic system by the NDEQ. The developer or a Homeowners Association or Sanitary Improvement District shall be responsible for properly maintaining the system.
10. The applicant shall satisfy the PC that he has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within a period of twelve months following approval of the final application by the County Board. A minimum of 50% of the total planned construction shown on the final plan shall be completed within a period of five years following such approval or the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the County Board upon the showing of good cause by the developer.
11. The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the intended users of the proposed development.
12. Common open space shall be an essential and major element of the plan. The design, however, shall protect the welfare of existing and future residents within and adjacent to the project.
13. Where Homeowners Associations are needed, homeowners association documents shall be recorded for purposes of improving, operating and maintaining private common facilities, including drives, service areas, parking areas and recreation areas.
14. The MUD District shall include such provisions for ownership and maintenance of the common open spaces as are reasonably necessary to insure its continuity, care, conservation and maintenance, and to insure that remedial measures will be available to the County Board if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the MUD or of the entire community.
15. Sidewalks may be required.
16. A drainage study with the following items must be included:
a. A map showing the drainage area and resulting runoff from any land lying outside the limits of the MUD which discharges storm water runoff into or through the MUD
b. A map showing all internal drainage areas and resulting runoff
c. Proposals as to how the computed quantities of runoff will be handled
d. †A copy of the drainage computations
Section 5.††††††† Pre-preliminary conference
1. Before preparing a preliminary plan map and preliminary plan program, the applicant of a proposed MUD shall meet with the Zoning Administrator and MIXED USE DEVELOPMENT review committee. The developer shall provide basic information, such as a schematic drawing, showing the general relationship contemplated among all public and private uses and existing physical features, and written statements regarding the source of water supply, method of sewage disposal, dwelling types, lot layout, public and private access, non-residential uses, and provisions for maintenance of landscaped areas, parks, and common open spaces. In return the committee shall provide the developer applicable standards and regulations.
a. The MUD review committee will consist of 3 Planning Commission members and two neighborhood representative.
2. When 2/3 of the PC representatives feel that the plan has progressed far enough, the applicant may proceed to preliminary approval.
3. The review committee may recommend waiver for any of the requirements needed in the Preliminary or Final Plan. These waivers must be approved by the Planning Commission and County Board.
Section 6.††††††† Preliminary Approval
The same requirements for notice, advertisement of public notice hearing, protests and adoption shall be required as zoning changes.
1. Cost for MUD: Preliminary Approval - $100.00††††††† Final Approval - $75.00
2. Upon receiving the preliminary plan map and program, the PC shall hold a public hearing on the proposed MUD and make a recommendation of approval or denial of the MUD application to the County Board or return the MUD to the applicant for revision, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions:
a. Is in general conformity with the provisions of the Stanton County Comprehensive Plan.
b. That the land surrounding the MUD will not be adversely affected or the MUD can be developed in harmony with the surrounding area.
i. Height, bulk and density not radically different from those anticipated on adjacent or facing properties. Exceptions could be made if the MUD were in a transitional area between a higher-intensity district and a lower-intensity district.
ii. Preservation of natural and cultural assets within the area
c. Proposed development conforms with the provisions of the primary zoning district to which the MUD is to be overlaid
d. Time table for the completion of the MUD is within reason.
3. The applicant shall prepare and submit to the Planning Commission 5 copies of the preliminary plan map for the proposed MUD. The plan map, drawn at a scale of one inch equals one hundred feet, shall show the following information:
a. Title of the proposed MUD and the name of the developer and engineer, surveyor or land planner preparing the plat.
b. North point, scale and date.
c. Location of boundary lines in relation to section or quarter section lines, including a legal description of the property.
d. Existing buildings, watercourses, tree masses, sanitary and storm sewers, water mains, culverts and other existing underground facilities.
e. All streets adjoining subject property and the width of the existing right-of-way.
f. Location and size of the nearest water main and sewer outlet.
g. Contours referred to an engineerís bench mark with intervals sufficient to determine the character and topography of the land to be developed.
h. Location and size of all proposed streets, buildings, sanitary sewer or other sewage disposal facilities, water mains, storm water facilities, access drives, parking areas, sidewalks, parks, common open spaces and signs.
i. Location of required screening.
j. Designation of individual lots if such lots are proposed to be sold to individual owners.
k. Location and direction of all water courses and areas subject to flooding.
l. Existing development on adjacent properties within 200 feet.
m. Certificates for the approval of the Planning Commission and County Board.
4. A preliminary plan program or outline of the following shall accompany the preliminary plan map:
a. Proposed ownership and maintenance of streets.
b. Drafts of appropriate restrictive covenants and drafts of documents providing for the maintenance of any common open space.
c. A list of the types of buildings proposed.
d. The amount of land area to be devoted to the various types of buildings.
e. The nature of all proposed signs.
f. All landscaping plans with some indications as to size and type of landscape plant materials.
g. Drainage plan.
h. †Plans or written statements regarding grades of proposed streets, width, and type of pavement and any grading plans.
i. A stage development schedule setting forth a schedule thereof if the final development plan is to be developed in stages.
5. The Zoning Administrator shall transmit copies of the of the MUD to County Surveyor, School District(s), Stanton County Health Department and each company or agency furnishing water, electric, telephone or gas service and such other official body or agency as may be directed by the County Board.
6. These plans and documents, the site development plans, drawings, calculations and other documents shall form the basis for issuance of a building permit in conformity therewith.
7. The County Board shall or shall not approve the preliminary development plan and authorize the submitting of the final plan.
8. If neither part nor all of the preliminary plan is submitted for final approval within one (1) year after preliminary plan approval, the preliminary plan shall be void unless an extension is granted by the County Board.
Section 7.††††††† Final approval
1. After approval of a preliminary plan and prior to the issuance of any building permit, the applicant shall submit an application for final approval. The application shall include 5 copies of such drawings, specifications, covenants, easements, conditions, and form of bond as set forth in the approval of the preliminary plan in accordance with the conditions established in this chapter for a MUD Overlay District.
2. The final plan map and program shall include all information included in the preliminary map and program except the following shall also be provided:
a. Certificate signed by a registered land surveyor, which contains the legal description of the land included in the MUD and all necessary explanations of dimensions and references to monuments to supplement the figures on the plan itself. Said certificates shall state that a ground survey has been made and that the monuments have been placed as shown on the plan.
b. Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public right-of-way and with all other information necessary to reproduce the plat on the ground, together with the names of the streets.
c. All easements and appropriate building setback lines.
d. All lot lines and lot dimensions including chord distances for curvilinear lot lines.
e. Lot and/or parcel numbers.
f. Location, size, height and use of all proposed or present buildings.
g. Dedication of all streets, public highways or other land intended for public use, signed by the owner and by all other parties who have a mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property.
h. A waiver of claim by the applicant for damages occasioned by the establishment of grades or the alteration of the surface of any portion of streets and alleys to conform to grades established.
i. Certificate signed by a registered engineer that they have prepared the MUD and had designed the improvements to be made in accordance with the regulations. The review committee will determine if an engineers certificate is required depending on site conditions.
j. Notarized Certificate signed and acknowledged by all parties having any titled interest in or lien upon the land platted, consenting to the plan including dedication to the public for public use of all streets, alleys and public ways and dedication of parks or other public grounds or as is thereon dedicated to charitable, religious or educational purposes, if any, and granting easements.
k. Certificate to be signed by the County Treasurer stating there are not regular or special taxes due or delinquent against the property described in the plan on the date which the plan is recorded by the register of deeds.
l. Certificate signed by the County Surveyor and County Highway Superintendent approving the plan.
m. A certificate for the approval of the Planning Commission signed by the Chairman.
n. Certificate for the approval of the County Board to be signed by the Chairman and attested by the County Clerk.
3. The PC shall review the final plan map and program at a public hearing and shall determine whether they conform to all applicable criteria with the approved preliminary plan map and program.
4. The PC may recommend approval or return the application for the MUD to the applicant for revision. The applicant shall resubmit the revised plan within 30 days for the PC final recommendation.
5. Upon approval, said final plan shall be presented to the County Board for final approval.
Section 8.††††††† Enforcement & Modification of Plan & Amendments
1. Application for amendment may be made by the homeowners association or 51% of the owners of the property within the MUD district.
2. Major changes in the final plan map and final plan program shall be considered the same as a new application and shall follow the procedures specified in Section Seven.
3. Minor changes in the final plan map and final plan program may be recommended by the Zoning Administrator.
a. Minor changes may include minor shifting of the location of proposed streets, public or private ways, utility easements, parks or other common open spaces. Such minor changes shall not increase the density, boundary lines, use, location or amount of land devoted to specific land uses.
4. The changes or reductions are granted by the County Commissioners after receiving the recommendations of the Planning Commission or Zoning Administrator.
Section 9.††††††† Modification & Adherence to the Approved MIXED USE DEVELOPMENT
1. All building permits in a MUD shall be issued only on the basis of the approved final plan map and program.
2. No building permit shall be issued for any construction or use of a development which does not conform to the approved plans, terms and conditions of the MUD.
3. All public site dedications for the entire site and regulations regarding a homeowners association, if proposed, shall be properly recorded prior to the issuance of building permit.
Section 10.††††† Revocation
1. In the event of a failure to comply with the approved final plan map and program, the County Board may, after notice and hearing, revoke a MUD application and the holder be required to forfeit the bond, escrow bonds or other financial guarantee.
Stanton County Zoning Regulations