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PUBLIC HEARING NOTICE KEWEENAW COUNTY ZONING/PLANNING COMMISSION HC-1, Box 607 EAGLE RIVER, MI 49950

The Keweenaw County Zoning/Planning Commission will hold a public hearing on Tuesday, November 26, 2002, at 8:00 P.M. at the Keweenaw County Courthouse, Eagle River, Michigan, to receive public comment on the following proposed amendment to the Keweenaw County Zoning Ordinance:

AN AMENDMENT TO
SECTION 2 - GENERAL PROVISIONS

2.3 SITE RESTRICTIONS

9.     Open Space Preservation (See also PA 178, 2001)
        1)    The purpose of this ordinance is to preserve no less than 50% open space when land is developed.  While this open space preservation is not mandatory, it is available to any developer. This ordinance encourages developers to group dwellings on smaller lots on a smaller portion of an undeveloped tract of land in order to preserve the remainder of the tract as open space.

        2)    A developer who invokes open space preservation must comply with all other zoning ordinance and health department regulations. A developer may invoke open space zoning if the land is zoned for residential development at a density of two dwelling units or less per acre unsewered or three or fewer dwelling units per acre sewered. Golf courses, lakes, streams, wetlands, and commercial areas do not qualify as open spaces; but trails, play areas, picnic areas, parks, and areas dedicated to public use may be counted as undeveloped land.

        3)    Land zoned for residential development may be developed, at the option of the land owner, with the same number of dwelling units per acre on a portion of the land specified in this Zoning Ordinance, but not more than 50%, as determined by this Zoning Ordinance, which could otherwise be developed under existing laws, ordinances, and rules on the entire land area, if all of the following apply:

            a)  The land is zoned at a density equivalent to two or fewer units per acre, or if the land is served by a public   sewer system, three or fewer dwelling units per acre;

            b)  A percentage of the land area specified in the Zoning Ordinance, but not less than 50%, will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land;

            c)  The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land, without the exercise of the option provided by subsection 3, would also depend upon such an extension; and

            d)  The open space preservation option has not been previously exercised with respect to this land.

      4)    After a  landowner exercises the Open Space Preservation option, the land may be rezoned accordingly.

      5)    The development of land under the Open Space Preservation option is subject to other applicable ordinances, rules, and laws, including rules relating to suitability of groundwater for on-site water supply for land not served by a public water system and rules relating to the suitability of soils for on-site sewage disposal for land not served by public sewers.

As used in this amendment:

    (a)    "Conservation easement" means that term as defined in section 2140 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.2140.

    (b)    "Plat dedication" means the dedication of private property for public use either on the face of an approved plat or by a separate legal instrument.

    (c)    "Restrictive covenant" means a legal written agreement which runs with the land establishing not less than 50% of the land to be developed will remain perpetually in an undeveloped state.

    (d)    "Undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or similar use or condition.

This Zoning Amendment will apply to property zoned for residential development within the following zoning districts, as specified within this zoning ordinance; and further, these districts will be amended to reference the Open Space Preservation option of the land owner:

    3.4    ZONING DISTRICTS
            1.    A - Agricultural District
                b. Permitted Uses
                        2) Dwellings, Single-family

            3.    CE - Country Estate District
                b. Permitted Uses
                        1) Dwelling, Single-family

            5.    RS - Resort Service District
                b. Permitted Uses
                        11) Single-Family Dwellings

            6.    Urban Residential Districts
                b. R-2  Two-Family and Multi-Family
                    Residential District
                        1) Permitted Uses
                            Two-family and multi-family
                            dwellings

The Zoning/Planning Commission will make its recommendations to the Keweenaw County Board of Commissioners following the public hearing. The Keweenaw County Board of Commissioners may review these recommendations and make a determination at their meeting held on December 11, 2002, at 7:00 P.M. at the Keweenaw County Courthouse, Eagle River, Michigan.

The proposed Ordinance #KC-001-A02 may be examined at the office of the Keweenaw County Clerk, County Courthouse, Eagle River, Michigan, between 9:00 A.M. and 4:00 P.M., Monday through Friday.

Editor's Note: Visit the Michigan Legislature Web site for details on PA 178, 2001 or section 2140 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.2140, mentioned above.

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