ADHERENCE TO ORDINANCES. Developer shall comply with all applicable Township ordinances, including the Zoning Ordinance, Condominium Ordinance, and/or the Subdivision Control Ordinance, in effect at the time of development, except where modified by this PUD Agreement, Developer acknowledges that certain provisions of this PUD Agreement may exceed the requirements of the Zoning Ordinance, and the Township acknowledges that items shown in the Plan may be less than the requirements of the Zoning Ordinance. Developer shall fully comply with all engineering and other local, state and federal codes and regulations in effect at the time of development of the Project, unless superseded or otherwise covered in the PUD Agreement and the Final Site Plan.
ADHERENCE TO ORDINANCES. Except as otherwise provided herein, Developer and Owner shall adhere to the Ordinances of the Township. To the extent that developing the Subject Property in accordance with the PD Plan will deviate from the Township Zoning Ordinance or any other ordinance, resolution, rule or regulation of the Township, currently in effect or which may be adopted in the future, the Township shall be deemed to have granted, and hereby grants, variances for all such deviations. Variances from the Township Zoning Ordinance which the Township shall be deemed to have granted, and hereby grants, are as set forth on Exhibit E.
ADHERENCE TO ORDINANCES. The Site Plan has been developed according to the Central Business District – Urban Flex Subdistrict zoning standards. The following deviations to the requirements of the Zoning Ordinance are approved by the City without further review: Requirement Standard Deviation Required Parking Residential – 72 spaces Retail – 6 spaces Total Spaces – 78 Spaces Total Spaces Provided: 52 Spaces (Total Deviation: 26 Spaces) Drive Aisle Width 24’ Drive Aisle 20’ Drive Aisle (Total Deviation: 4’-0”) Landscaping Area 10% of Total Lot Area =2,830.7 Sq. Ft. Total Landscaping Meeting Requirements =2,260.3 Sq. Ft. = 7.98% (Total Deviation: 570.4 Sq. Ft. / 2.02%) Modifications to the Site Plan may be required in the course of preparation of the engineering and construction drawings, review of the same by City Staff, changes in applicable fire, building or other codes, and during the construction of the Development that does not change the character of the Development, which may include, for example, modification to building wall location and configuration, materials and landscaping. For purposes of expediency, minor changes to the Site Plan shall be reviewed and approved by City Staff, provided that such changes do not affect the architectural character of the Project. Minor changes may include, without limitation:
ADHERENCE TO ORDINANCES. Developer shall comply with the Zoning Ordinance of the City in effect at the time of development, except where modified by this Development Agreement. Developer acknowledges that certain provisions of this Development Agreement may exceed the requirements of the Zoning Ordinance, and the City acknowledges that items shown in the Plan may be less than the requirements of the Zoning Ordinance. Developer shall fully comply with all engineering and other local, state and federal codes and regulations in effect at the time of construction of the Development, unless superseded or otherwise covered in this Development Agreement and the Site Plan. Permitted uses shall be limited to single family and condominium residences and all accessory uses thereof as regulated by the City of Ferndale Zoning Ordinance. Development standards will conform to the Site Plan as shown on Exhibit B and established per the Schedule of Regulations and Modifications within the City of Ferndale PUD Ordinance. Specific waivers being sought from the PUD provisions are as follows: Requirement Standard Deviation Off-Street Parking Senior Housing – 53 spaces Bike Parking – 65 spaces EV Parking – 5 spaces Senior Housing – 26 spaces Bike Parking – 32 spaces EV Parking – 3 spaces Units per Acre 35 feet (R-3) 75 units per acre Minimum Setbacks at Parking Areas 30 feet 21 feet at Nine Mile 2 feet 4 inches at Xxxxxx Minimum Setbacks Setbacks – Maximum 10 ft (R-3) Front: 14 feet at Nine Mile Front: 2 feet 4 inches at Xxxxxx Maximum Building Height Maximum Height – 45 ft (R-3) and 50 ft (C-2) 47 feet (R-3; meets C-2 requirement) Building Base Materials Building base materials: primary materials >75%; secondary materials <25% West Elevation: Primary material 63% (fiber cement siding); secondary material 37% (brick)
ADHERENCE TO ORDINANCES. Except as otherwise provided herein, Developer and Owner shall adhere to the Ordinances of the Township. To the extent that developing the property in accordance with the PBD Plan will deviate from the Township Zoning Ordinance or any other ordinance, resolution, rule or regulation of the Township, currently in effect or which may be adopted in the future, the Township shall be deemed to have granted, and hereby grants, all such deviations.
