Zoning Ordinance of the City of New Buffalo

ARTICLE 2: DEFINITIONS AND INTERPRETATIONS

SECTION 2-1 INTENT AND PURPOSE

The purpose of this Article is to establish rules for the interpretation of the text of this Ordinance, to define certain words and terms, and to provide for the interpretation of this Ordinance by adoption of a technical dictionary. Certain words and terms which may not appear in this Article, but which have special application may be defined in other Articles to which they apply.

SECTION 2-2 USE OF WORDS AND TERMS

A. If the meaning of this Ordinance is unclear in a particular circumstance, then the Board of Zoning Appeals shall construe the provision to carry out the intent of the Ordinance, if such intent can be discerned from other provisions of the Ordinance or law.

B. All words and phrases shall be construed and understood according to the common preferred usage of the language; but technical words and phrases and such as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

C. Words used in the present tense shall include the future tense, words used in the singular shall include the plural, and words in the plural number shall include the singular, unless the context clearly indicates and stipulates the contrary.

D. The words "person", "proprietor", "property owner", and "operator" shall include any recognized form of legal entity.

E. The words " property", "lot", "parcel", "real-estate", "premises", "plot" and "land" shall be interpreted to mean real property as delineated and described by legal documents and instruments.

F. The word "road" shall also mean "highway", "street", "alley", "drive", "cul-de-sac", or other public thoroughfare.

G. The word "building" shall include the word "structure".

H. The words "used" or "occupied" when applied to any land or building shall be construed to include the words "intended", "arranged", or "designed".

I. The words "shall" and "required" are always interpreted as mandatory and never as permissive or discretionary.

J. The word "may" shall be interpreted as permissive or discretionary.

K. Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows.

1. "And" indicates that all connected items, conditions, provisions, or events shall apply.

2. "Or," indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

3. "Either..or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

L. In computing the number of days, the first day is excluded and the last day is included. If the last day of any period during which an application, filing, or request is required to be made to the City or other governmental agency is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.

M. The word "lot" includes the words "plot"; "parcel"; and "condominium unit/building site".

N. The word "erected" or "erection" as applied to any building or structure shall be construed to include the words "built", "constructed", "reconstructed", "moved upon", or any physical operation or work on the land on which the building or structure is to be built, constructed, reconstructed, or moved upon, such as excavation, filling, drainage or the like.

SECTION 2-3 DEFINITIONS "A"

Abutting (lot or parcel): is a lot or parcel which shares a common border with the subject lot or parcel.

Accessory Use, Building, or Structure: a use, building, or structure which is clearly incidental to, customarily found in connection with, devoted exclusively to, subordinate to, and located on the same lot or parcel as the principal use to which it is related.

Addition: A structure added to the existing structure after the completion of the existing structure which extends or increases the floor area, or height of a building or structure.

Adjoining (lot or parcel): is a lot or parcel which either abuts the subject property, or is located directly across a public or private street right-of-way from the subject parcel.

Adult Foster Care Facility: A facility defined as an "adult foster care facility" by the adult foster care facility licensing act, Act No. 218 of the Public Acts of Michigan of 1979 (MCL 400.701 et seq.), as amended , having as its principal function the receiving of adults for foster care, and licensed by the state under the act. An "adult foster care facility" includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis, but who do not require continuous nursing care.

Adult Foster Care Family Home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

Adult Use: is any use of land, whether vacant or combined with structures or vehicles thereon, by which said property is devoted to selling, displaying, providing services, or exhibiting material for entertainment, a significant portion of which include matter or actions depicting, describing or presenting "Specified Sexual Activities" or "Specified Anatomical Areas.". For purposes of this definition, the term significant shall be defined as greater than twenty percent (20%) of the total material displayed or exhibited for sale for entertainment purposes, or comprising more than twenty percent (20%) of the revenue produced by the business. Adult uses include, but are not limited to the following: adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, adult book store, adult cabaret, adult novelty store, adult motel, and adult massage parlor.

Adult Bookstore: An establishment used for the sale of books, magazines, posters, video cassettes, motion picture films, and other printed materials; or tapes or sex objects for other than contraceptive purposes; distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas," as defined herein.

Adult Live Entertainment Theater: An enclosed building for presenting live entertainment involving the use of strip dancers, naked individuals, individuals who wear see through clothing which permits the view of "specified anatomical areas," individuals who are partially clothed and partially unclothed so as to permit the view of "specified anatomical areas," or individuals conducting "specified sexual activities."

Adult Motion Picture Theater: An enclosed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this Ordinance, for observation by patrons therein.

Alley: Any dedicated public right-of-way affording a secondary means of access to abutting property, and not intended for general circulation.

Alteration: Any modification, remodeling, change or rearrangement in the structural or supporting members such as bearing walls, columns, or girders, as well as any change in the doors or windows which affect the means of egress which is undertaken without adding to the floor area height or physical size of the building or structure.

SECTION 2-4 DEFINITIONS "B"

Base Flood Level: The highest elevation of a flood having a one (1) percent chance of being equaled or exceeded in any given year.

Building Line: A line parallel to the right-of-way line at a distance therefrom equal to the depth of the minimum required front yard for the district in which the lot or parcel is located.

Building Official: The officer or other designated authority charged with the administration and enforcement of the City Building Code, or his or her duly authorized representative.

SECTION 2-5 DEFINITIONS "C"

Change of Use: A use of a building, structure or parcel of land, or portion thereof which is different from the previous use in the way it is classified in this Ordinance.

City: Means the City of New Buffalo, Michigan.

City Building Code: The duly adopted Building Code of the City of New Buffalo.

City Council: The legislative body of the City of New Buffalo, Michigan.

City and Village Zoning Act; Zoning Act: Act 207 of the Michigan Public Acts of 1921, as amended.

Commercial Wireless Telecommunication Services: Licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Condominium: A system of separate ownership of individual units and /or multi-unit projects according to Public Act 59 of 1978, as amended.

Construction: The erection, alteration, repair, renovation, demolition or removal of any building or structure; and the excavation, filling, and grading of a lot.

Convalescent or Nursing Home: A structure with sleeping rooms, where persons are housed or lodged on a full time basis and are furnished with meals, nursing and medical care.

Cul-de-sac: A dead end public or private street, generally short in distance, which terminates in a circular or semi-circular section of street allowing for vehicle turnaround.

Customary Household Pets: Includes dogs, cats, rabbits, and similar types of pets traditionally kept in a residential home. Wild or exotic animals shall not be considered customary household pets.

SECTION 2-6 DEFINITIONS "D"

Day Care, Commercial: A facility, other than a private residence, receiving minor children for care for periods of less than 24 hours in a day, for more than two (2) weeks in any calendar year. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as a nursery operated during church services or public meetings, or by a fitness center or similar operation, shall not be considered Commercial Day Care.

Day Care, Family: A single family residence, occupied as such, in which care is provided for more than one (1) but less than (7) minor children or adults for periods of less than twenty-four (24) hours per day, unattended by a parent or legal guardian. Care for persons related by blood, marriage or adoption to a member of the family occupying the dwelling is excluded from this definition.

Day Care, Group: A single family residence, occupied as such, in which care is provided for at least seven (7) but not more than twelve (12) minor children or adults for periods of less than twenty-four (24) hours per day, unattended by a parent or legal guardian. Care for persons related by blood, marriage, or adoption to a member of the family occupying the dwelling is excluded from this definition.

Density: The number of dwelling units per unit of lot area (see Lot Area).

Density, Gross: "Gross Density" means a figure which equals the total number of dwelling units on a lot divided by the total number of acres included in the lot.

Density, Net: "Net Density" means a figure which equals the total number of dwelling units on a lot divided by the total number of acres included in the lot, excluding any lot area owned by a governmental entity; used as a private street; occupied by a non-residential use; or containing wetlands, flood plain, or water.

Development: The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; and mining, excavation , landfilling or land disturbance, and any extension of an existing use of land.

Driveway: An improved public or private passageway providing vehicular ingress to, and vehicular egress from, a public or private road to or from a lot, parcel, or building on abutting grounds.

District, Zoning: An area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations, and other appropriate regulations.

Dwelling: A detached building or portion thereof designed or used exclusively as the home, residence or sleeping place of one (1) or more persons, not including accessory buildings or structures, either attached or detached. In the case of a mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for purposes of this Ordinance and shall comply with the provisions herein relative to dwellings.

Dwelling, Duplex: A detached building, designed for or occupied by two (2) families living independently of each other.

Dwelling, Multiple Family: A single building with abutting walls containing more than two (2) residential dwelling units.

Dwelling, Single-Family: A detached building, designed for or occupied exclusively by one (1) family.

Dwelling Unit: A building, or portion thereof, designed exclusively for human occupancy providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

SECTION 2-7 DEFINITIONS "E"

Educational Institution: A public or private accredited kindergarten through twelfth grade school, college, trade, or business school, nursery school, pre-school, or day care center, and/or related administrative offices, excluding maintenance garage.

Enlargement: An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.

Erected: Shall mean built, constructed, altered, reconstructed, moved upon, or any physical operation on the premises which are required for construction purposes. Excavation, fill, drainage and the like shall be considered a part of erection.

Essential Public Services: The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication supply or disposal systems. These may include, but are not necessarily limited to, mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, and other similar equipment, and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or general welfare. Essential services shall not include buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment. Cellular telephone or communications towers as defined by this Article shall not be considered essential services.

Excavation: Removal or recovery by any means whatsoever of soil, rock, sand, gravel, peat, muck, marrow, shale, limestone, clay or other mineral or organic substances, other than vegetation, from water or land, whether exposed or submerged.

Existing Use: The use of a parcel of land or a structure at the time of the enactment of this Ordinance.

SECTION 2-8 DEFINITIONS "F"

Family:

A. An individual or group of two (2) or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants who are domiciled together as a single housekeeping unit in a dwelling unit; or

B. A collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuing, non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, half-way house, lodge, coterie, organization, group of students, or other individual whose domestic relationship is of a transitory or seasonal nature, is for an anticipated limited duration of school term or during a period of rehabilitation or treatment, or is otherwise not intended to be of a permanent nature.

Fence: Any permanent partition, structure or gate erected as a dividing structure, barrier or enclosure, and not part of a structure requiring a building permit. An ornamental fence is less than three (3) feet in height and more than two (2) feet from any lot or property lines (normally used to set off planting areas).

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of waters; or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood Hazard Area: Land which on the basis of available flood-plain information is subject to a one (1) percent or greater chance of flooding in any given area.

Flood Insurance Rate Map (F.I.R.M.): An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special hazards and the risk premium zones applicable to the community.

Flood Insurance Study: Flood Insurance Study is the official report provided by the Federal Insurance Administration, containing flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood.

Floodway: The channel of a river or other watercourse and the adjacent land areas designated in the Flood Insurance Study which must be reserved in order to discharge the base flood.

Floor Area: The sum of all horizontal areas of the several floors of a building or dwelling unit, measured from the exterior faces of exterior walls, or from the centerline of walls separating dwelling units. Unenclosed porches, courtyards, patios and cellars shall not be considered as part of floor area, except when utilized for commercial or industrial purposes.

Floor Area, Gross (GFA): The area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets/ storage rooms, thickness of walls, columns, or other features.

Lot of Record: Any parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds records as of the date of adoption of this ordinance or any relevant amendment thereto which would affect such lot, which lot actually exists as shown or any part of a parcel held in record ownership separate from that of the remainder.

Lot Width: The horizontal distance between side lot lines measured parallel to the front lot line at the front lot line and at the required front setback line. For lots fronting on a cul-de-sac, lot width shall mean the horizontal distance between side lot lines measured parallel to the front lot line at the required front setback line.

SECTION 2-16 DEFINITIONS "M" [Ord. 175, 2/19/2008]

Manufactured Home: A transportable, factory-built home, designed to be used as a year-round residential dwelling.

Manufactured Home Development or Manufactured Home Park: A parcel or tract of land under the control of a person upon which three (3) or more manufactured homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured home and is not intended for use as a temporary trailer park.

Massage Parlor: Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a non-profit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area, nor practices of massage therapists who meet one or more of the following criteria:

A. Proof of graduation from a school of massage licensed by the State of Michigan;

B. Official transcripts verifying completion of at least three hundred (300) hours of massage training from an American community college or university; plus three references from massage therapists who are professional members of a massage association referred to in this section;

C. Certificate of professional membership in the American Massage Therapy Association, International Myomassethics Federation, or any other recognized massage association with equivalent professional membership standards; or,

D. A current occupational license from another state.

Master Plan: The Master Plan under current adoption by the City of New Buffalo and shall include any amendments or updates thereto.

Motel: A series of attached, semi-detached, or detached rental units each containing a bedroom, bathroom, and closet space in which transient, overnight, lodging or boarding are offered to the public for compensation. The design of a motel is oriented to the public traveling by motor vehicle with individual sleeping rooms exiting directly to the outside with patron parking located at or near each room exit.

Municipal Parks: City owned or operated parks, including: parks, playgrounds, recreational areas, athletic grounds, community buildings, beaches, boat-launches, marinas, nature areas, non-motorized trails, museums, outdoor performing arts areas, gardens, and green-spaces.

SECTION 2-17 DEFINITIONS "N"

Non-conforming Building: A building or portion thereof lawfully existing at the effective date of this Ordinance or amendments thereto, and which does not conform to the provisions of the Ordinance in the Zoning District in which it is located.

Non-conforming Lots of Record: A platted lot that conformed with all City zoning requirements at the time of recording of said plat, which no longer conforms to the zoning regulations and requirements for lot area, lot width, or both; or a lot outside a recorded plat that conformed with all City zoning requirements at one time, and which has not been subdivided or reduced in size subsequent to the time it did conform to the Zoning Ordinance, which no longer conforms with the zoning requirements for lot area, lot width, or both.

Non-conforming Use: A use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereof, and that does not conform to the use regulations of the Zoning District in which it is located.

Nursery: A parcel of land utilized for the purpose of growing ornamental trees, shrubbery, house plants, flowers, or perennial ground covers from seed or seedlings for the purpose of retail or wholesale trade.

SECTION 2-18 DEFINITIONS "O"

Occupancy Certificate: A written document received from the Building Inspector stating that the City Building Code, as amended, and this Ordinance have been complied with as they apply to the construction of a building or structure and the use of a lot and that the building may now be occupied for its previously declared purpose.

Occupy: The residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise or machinery in any institutional, commercial, agricultural, or industrial building.

On-Premise Parking (off-street): Includes the parking spaces, loading/unloading areas, and circulation aisles that are on the same lot(s) or parcel(s) as the development project being submitted for review.

Open Space, Common: Open space which is held for the collective use and enjoyment of the owners, tenants, or occupants of a single development.

Ordinance: Means the City of New Buffalo Zoning Ordinance when no other ordinance description is used.

Owner: The owner of the freehold of the premises or lesser estate in the premises, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessor, or any other person, sole proprietorship, partnership, association, or corporation directly or indirectly in control of a building, structure, or real property or his or her duly authorized agent.

SECTION 2-19 DEFINITIONS "P" [Ord. 171, 6/12/2007]

Parcel: A lot described by metes and bounds or described in a recorded plat.

Pawnbroker: Any person, corporation, or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price. An internet drop-off store meeting the requirements detailed in M.C.L.A. Chapter 446 (Act No. 469, of the Public Acts 2002, as amended), shall not count as a pawnbroker.

Permit: An official document or certificate issued by an authorized official, empowering the holder thereof to perform a specified activity which is not prohibited by law, but not allowed without such authorization.

Planned Unit Development (PUD): The use of a parcel of land which is planned and developed as a single entity containing the various uses, structures, open spaces, and other elements and which is designated and developed under one (1) owner or organized group.

Plat: A recorded subdivision of land as provided in Act 288 of 1967, as amended, the Land Division Act.

Primary Resident: A person whose principal place of residence is in the City of New Buffalo and where such person resides at least one hundred eighty-three (183) days each year.

Principal Use: The primary or predominant purpose to which a parcel of land is devoted as distinguished from an Accessory Use.

Property Line: See Lot Line.

Public Water Course: A stream or creek which may or may not be serving as a drain as defined by Act 40 of the Public Acts of 1956, as amended, being MCLA 280.1 et seq. or any body of water which has definite banks, a bed and visible evidence of a continued flow or occurrence of water.

SECTION 2-20 DEFINITIONS "Q"

Section reserved for future use.

SECTION 2-21 DEFINITIONS "R"

Recreational Vehicle or Equipment: A vehicle or equipment intended for temporary or periodic use for recreational or leisure pursuits. Such vehicles shall include boats, airplanes, special purpose automobiles, floats, rafts, trailers, snowmobiles, camping or travel trailers, motorized homes, detachable travel equipment of the type adaptable to light trucks, and other equipment or vehicles of a similar nature.

Rehabilitation: The upgrading of an existing building or part thereof which is in a dilapidated or substandard condition.

Repair: The reconstruction or renewal of any part of an existing building for the purpose of maintenance.

Residential Family Care Center: See State Licensed Residential Facility.

Restoration: The reconstruction or replication of an existing building's original architectural features.

Right-of-Way: A public or private strip of land acquired or utilized by reservation, dedication, easement, prescription, purchase or condemnation and permanently established for the passage of persons, vehicles, railroads, water, utility lines, and similar uses.

SECTION 2-22 DEFINITIONS "S"

Satellite Dish Antenna, or Dish Antenna: An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Screen: A structure such as a fence, wall, landscape buffer, or combination of same, providing enclosure and a visual barrier between the area enclosed and the adjacent property.

Setback: Is the horizontal distance between a front, rear, or side lot line and a building line.

Setback, Required: is the required minimum horizontal distance between a front, rear, or side lot line and a building line, provided, however, said horizontal distance shall be measured from the street right-of-way line whenever a yard abuts a public or private street. On lots with multiple street frontage, such as corner lots, all sides of said lots abutting a street shall be considered front yards for setback purposes.

Shopping Center: Is a group of commercial establishments (3 or more), planned and developed as a unit, with a minimum gross leaseable area of 20,000 square feet, and containing on-premise parking.

Sign: (See definition in Article 16, Signs)

Site Condominium Project: A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision, in accordance with Public Act 59 of 1978 as amended.

Site Plan: A scaled drawing(s) illustrating existing and proposed conditions and containing the elements required herein as applicable to the proposed development to ensure compliance with this Ordinance.

Specified Anatomical Areas: For the purposes of this ordinance shall be defined as:

A. Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola;

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities: For the purposes of this ordinance shall be defined as follows:

A. Human genitals in a state of sexual stimulation or arousal.

B. Acts of human masturbation, sexual intercourse, or sodomy.

C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

State Licensed Residential Facility: A residential care family or group facility licensed by the State of Michigan under Act 287 of 1972 of the Public Acts of Michigan, as amended, or Act 116 of 1973 of the Public Acts of Michigan, as amended, which provides resident care services under twenty four (24) hour supervision or care for persons in need of that supervision or care. This term does not include such facilities licensed by the State of Michigan for care and treatment of persons released from or assigned to adult correctional institutions.

A. A Family Facility includes a state licensed residential facility providing resident services to six (6) or fewer persons.

B. A Group Facility includes a state licensed residential facility providing resident services to more than six (6) persons.

Stop Work Order: An administrative order which is either posted on the property or mailed to the property owner which directs a person not to continue, or not to allow the continuation of an activity which is in violation of this Ordinance.

Story: That part of a building included between the surface of any floor, excluding basements, and the surface of the next floor, or if there is no floor above, then the ceiling next above.

Street Private: A privately owned and maintained thoroughfare including any rights-of-way and traveled surfaces which afford traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare. A private street shall include any drive or roadway which is not a dedicated public right-of-way, and which provides or has the potential for providing access to two (2) or more existing parcels and/or main buildings.

Street, Public: A public thoroughfare including any rights-of-way and traveled surfaces which afford traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare; except an alley.

Structural Alterations: Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or in the dimensions or configurations, or of the roof and exterior walls or means of egress.

Structure: A combination of materials whether fixed or portable, anything constructed, erected, or artificially built-up which requires a location on or below the surface of land or water, including a part or parts thereof and all equipment within the structure.

Subdivision: Subdivision means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one (1) year, or of building development that results in one (1) or more parcels of less than forty (40) acres or the equivalent, and that is not exempted from the platting requirements of the Land Division Act, Act 288 of 1967 of the Public Acts of Michigan, as amended. "Subdivide" or "subdivision" does not include a property transfer between two (2) or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of this act or the requirements of the City of New Buffalo Land Division Ordinance.

Subdivision Plat: A map or chart depicting the subdivision of land as regulated by the Land Division Act, as amended.

SECTION 2-23 DEFINITIONS "T"

Tower, Communication: Towers erected for the purpose of providing Commercial Wireless Telecommunication Services or other radio wave communications.

Travel Trailer: A vehicular portable structure built on a chassis which is less than thirty-two (32) feet in length and is of such a width and weight as not to require special highway movement permits when drawn by a vehicle.

SECTION 2-23 DEFINITIONS "U"

Use: The purpose or activity for which land or structures are designed, arranged, or intended, or for which land or structures are occupied or maintained.

Useable Floor Area: See Floor Area, Useable.

SECTION 2-24 DEFINITIONS "V"

Variance: Permission given by the Board of Zoning Appeals to a property owner to depart from the literal requirements of this Ordinance which may occur when compliance with this Ordinance would create a practical difficulty or unnecessary hardship on the property owner.

Variance, Use: Permission granted by the Board of Zoning Appeals to a property owner to place a use on the property or within a building on the property which is not otherwise permitted in the zoning district in which the property is located.

Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, or road, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

Vehicle Repair: Any major activity involving the general repair, rebuilding or reconditioning of motor vehicles, engines, or trailers; collision services, such as body, frame, or fender straightening and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning.

Vehicle Service Station: A building and lot or parcel designed or used for the retail sale of fuel, lubricants, air, water or other operating commodities for motor vehicles (including trucks, aircraft and boats) and including the customary space and facilities for the installation of such commodities on or in such vehicles and including space for storage, hand washing, minor repair, and servicing, but not including vehicle repair as defined in this Article.

Veterinary Hospital, Clinic, and Indoor Kennel: Any activity involving the permanent or temporary keeping or treatment of animals operated as a business.

SECTION 2-25 DEFINITIONS "W"

Wall: The vertical exterior surface of a building and the vertical interior surfaces which divide a building's space into rooms.

Watercourse: An open trench either naturally or artificially created which periodically or continuously contains moving water draining an area of at least two (2) acres which has definite banks, a bed and visible evidence of a continued flow or occurrence of water.

SECTION 2-25 DEFINITIONS "X"

Section reserved for future use.

ARTICLE 3: GENERAL PROVISIONS

SECTION 3-0 INTENT AND PURPOSE

It is the purpose of this Article to establish regulations and conditions which are generally applicable to all or most districts of this Ordinance unless otherwise indicated. The purpose of this Article is to provide uniform regulations applicable within the City of New Buffalo which supplement the specific requirements for each district, and each permitted use. The regulations of this Article shall apply to all Districts of this Ordinance, unless specifically excepted elsewhere in this Ordinance.

SECTION 3-1 ESSENTIAL PUBLIC SERVICES

The erection, construction, alteration or maintenance of essential public services shall be permitted in any zoning district. It is the intent to exempt such essential services from the application of this Ordinance.

SECTION 3-2 ACCESSORY BUILDINGS STRUCTURES AND USES

A. General Requirements.

1. Accessory buildings and structures shall be permitted subject to the regulations of this Section.

2. Attached accessory buildings and structures shall be made structurally a part of the principal building and shall conform to the site development standards of the district in which the building or structure is located.

3. Detached accessory buildings and structures in non-residential districts shall be setback six (6) feet from all side and rear lot lines.

B. Detached Accessory Buildings and Structures - Residential Districts or Uses.

1. Location: Detached accessory buildings and structures shall be permitted only in the side or rear yard.

2. Setback: Accessory buildings shall be setback a minimum of two (2) feet from a side or rear property line, and a minimum of ten (10) feet from the primary structure, but where it abuts an alley, it shall be setback six (6) feet.

3. Number of Buildings. Up to two (2) accessory buildings shall be permitted, however their combined area shall not exceed the maximum permitted area for detached accessory buildings.

4. Maximum Permitted Size:

a. For lots of ten-thousand (10,000) square feet in area or less: nine hundred and sixty (960) square feet shall be permitted.

b. For lots greater than ten-thousand (10,000) square feet in area, up to one (1) acre: one thousand five hundred (1,500) square feet shall be permitted.

c. For lots greater than one (1) acre: two thousand (2,000) square feet shall be permitted.

5. Maximum Rear Yard Coverage: Detached accessory structures shall not cover more than 40 percent of the rear yard area. In the case of corner lots, such structures shall not cover more than forty (40) percent of the yard opposite the principal front yard.

6. Permitted Height: No detached accessory building shall exceed a height of twenty (20) feet.

7. Swimming Pool: A swimming pool shall be permitted in addition to any detached accessory structure located on a lot or parcel. Swimming pools shall comply with the city's building code, and be located a minimum of ten (10) feet from the residential structure and any property line.

C. Detached Accessory Buildings - Nonresidential Districts or Uses.

Detached accessory buildings having one thousand (1,000) square feet of area or more shall be approved through the site plan review process. Detached accessory buildings of less than one thousand (1,000) square feet may be approved as a minor change to a site plan (see Article 18). All detached accessory buildings shall comply with the building setback requirements of the primary structure.

SECTION 3-3 CORNER LOTS

A. A corner lot shall have two front lot lines: a principal front lot line and a secondary front lot line. The principal front lot line shall be the shorter of the two lot lines. Where the lot lines are of equal length, and/or the principal front lot line is not evident, then the Zoning Administrator shall determine the principal front lot line.

B. General Provisions

1. The required front setback shall be met on both the principal and secondary streets; provided that where the lot contains an existing main building, the front setback from the secondary street may be reduced by ten (10) feet.

2. The remaining setbacks shall be a side setbacks .

3. The width of a corner lot shall be determined by the entire length of that front lot line which is opposite the rear lot line.

SECTION 3-4 MAIN BUILDING OR PRINCIPAL USE

Each parcel shall contain only one (1) main building or principal use, except for groups of related commercial, industrial, and office buildings, and multiple family dwellings, contained within a single, integrated complex, sharing parking, signs, access, and other similar features which together form a unified function and appearance.

SECTION 3-5 FENCES

A. Fences in Residential Districts shall not exceed six (6) feet in height, measured from the surface to the uppermost portion of the fence.

B. Fences erected within the front yard in any district shall not exceed three and one-half (3 ½) feet in height. Fences within the front yard shall be of a type which is not more than fifty (50) percent solid and shall not be located within any clear vision area, per section 3-13.

C. Fences in Residential Districts or enclosing residential uses shall not contain barbed wire or be electrified.

D. In Residential Districts, the finished side of the fence shall face the abutting property.

E. Fences shall not be erected within any public right-of-way in any district.

F. Fences shall not be erected within two (2) feet from a sidewalk, where the sidewalk is within the public right-of-way.

SECTION 3-6 REQUIRED AREA OR SPACE

No lot, yard, courtyard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further reduced.

SECTION 3-7 ILLEGAL DWELLINGS

A portion of a detached garage or accessory building may contain one (1) sleeping room; provided such sleeping room contains sanitary facilities and meets all applicable local and state codes; and further provided no kitchen facilities shall be contained within the detached garage or accessory building. Basements shall not be used for sleeping purposes, unless adequate ingress and egress is provided per the requirements of the City building code and other applicable regulations. In no case, shall any living space located in a basement be counted toward the required floor area requirement for the district in which it is located.

SECTION 3-8 KEEPING OF ANIMALS

A. The keeping of household pets, including dogs, cats, fish, birds, hamsters and other animals generally regarded as household pets is permitted as an accessory use in any Residential District.

B. The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, and poultry is prohibited in all zoning districts.

C. Any area where such permitted animals are kept shall be maintained in a safe and sanitary condition.

SECTION 3-9 MECHANICAL APPURTENANCES

A. Except in the CBD, Central Business, mechanical appurtenances, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than twelve (12) feet to any lot line.

B. Any mechanical appurtenances, including elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment, and other similar apparatus, located on the roof of any building shall comply with the following standards:

1. Such apparatus shall be enclosed in a screening structure having walls constructed of material compatible in appearance with the main building to which it is attached.

2. The apparatus and enclosure shall not exceed a height of ten (10) feet above the surrounding roof surface, and shall not occupy greater than fifteen (15) percent of the total area of the roof of the building on which it is placed.

SECTION 3-10 EARTH REMOVAL, GRADING AND FILLING

A. Purpose. In order to protect adjacent properties, public roads and public water courses, and to provide for adequate drainage of surface water, the following requirements shall apply to all construction activities.

1. General Standards. Earth changes shall be made in a manner so: there will not be increased flows to adjacent properties, erosion, filling of ditches or other drainage ways, or creation of standing water over drainage fields.

2. Filling Above Grade of Adjacent Property. Filling of property to an elevation above the established grade of adjacent property shall not be permitted without the expressed written approval of the City Engineer.

3. Surface Grade Near Buildings. The final grade surface of ground areas surrounding a building or structure shall be designed and landscaped such that surface water flows away from the building or structure

4. Soil Erosion and Sedimentation Control Permit. Any land development which disturbs the existing grade of more than one (1) acre of land or lies within five hundred (500) feet of a river, stream, lake or open drain, shall require a Soil Erosion and Sedimentation Control Permit pursuant to Public Act 347 of 1972, as amended, prior to issuance of a development permit.

5. Inland Lakes and Streams Act. Any land development, dredging, filling, or other activity requiring a permit pursuant to the Inland Lakes and Streams Act 1972 PA 346, shall be required to obtain said permit prior to the issuance of a development permit.

SECTION 3-11 ENCROACHMENTS INTO YARDS

A. Permitted Architectural Element Encroachment. Architectural elements attached to and necessary to the integrity of the building, or the health or safety of the occupants, such as ramps for the disabled, cornices, eaves, gutters, chimneys, pilasters, unenclosed steps, fire escapes, and similar features shall be permitted to encroach upon the minimum setback requirements of this Ordinance, provided such encroachment into a required front or rear yard area is no closer than ten (10) feet from a street right-of-way line or rear lot line. No encroachment shall be permitted into the required side yard of the lot.

B. Permitted Terrace, Patio, Porch, and Deck Encroachments. Terraces, patios, porches, and decks shall be permitted to encroach upon the minimum yard area and setback requirements of this Ordinance with the exception of the side yard, provided that they are:

1. Attached to the main building;

2. Not covered with a roof;

2. Elevated no more than forty-eight (48) inches above the average surrounding final grade;

3. Not fully enclosed by a wall or fence over five and one-half (5½) feet in height;

4. Located no closer than ten (10) feet from a street right-of-way line or rear lot line

C. Enclosed Encroachments Considered Part of Main Building. Terraces, patios, porches, and decks that are enclosed (covered with a roof), not including steps leading to such structures, shall be attached to and considered part of the main building and shall comply with all regulations applicable to such main buildings.

SECTION 3-12 CONSTRUCTION BUILDINGS

Mobile offices, tool sheds, storage trailers, shall be permitted during the time of actual construction provided they are located pursuant to Section 3-2 of this Ordinance and are in compliance with the County Health Department Sanitary Code. These structures shall be removed within twelve (12) working days after the completion or abandonment of construction work on the property.

ground or above ground) which contains twenty-four (24) inches or more of water in depth at any point, shall ensure that such device is made inaccessible to small children by means of a fence or enclosure surrounding the device or due to the height of the side walls, which means shall be approved by the Zoning Administrator. Such side walls, fence or enclosure, including the gates, shall not be less than four (4) feet or greater than (6) feet above grade. All gates shall be self-latching with latches placed no less than four (4) feet above grade or otherwise made inaccessible from the outside to small children.

B. Swimming pools shall not be located less than ten (10) feet from any lot line or any main building.

C. Swimming pools, spas, hot tubs and similar devices shall not be located in any front yard.

D. No pool, spa, hot tub, or similar device regulated by this section shall be constructed, installed, enlarged, or altered until a permit has been obtained from the zoning administrator.

SECTION 3-15 PERMITTED FRONT SETBACK REDUCTIONS

A. Where the established front yards for existing main buildings within two hundred (200) feet of the side lot line of, and in the same zoning district as, a subject lot are less than the required front yard for the zoning district of the subject lot, the required front yard for the subject lot shall be the average front yard of existing main buildings on the same side of the street and entirely or partially within two hundred (200) feet of the side lot lines of the subject lot, subject to subsections B and C, below.

B. The front yard reduction permitted in subsection A, above shall only be permitted if there are two (2) or more lots occupied by main buildings within the area described for computing the average front yard.

C. In no case shall the front yard setback resulting from the application of these provisions, be less than fifteen (15) feet.

SECTION 3-16 REGULATIONS APPLICABLE TO SINGLE-FAMILY DWELLINGS OUTSIDE MANUFACTURED HOME PARKS

Any single-family dwelling, whether constructed and erected on a lot, or a manufactured home, shall be permitted outside a manufactured home park only if it complies with all of the following requirements:

A. Minimum Square Footage. The dwelling shall meet the minimum square footage requirements for the district in which it is located.

B. Design Features.

1. The minimum width across any front, side, or rear architectural elevation shall be at least twenty four (24) continuous feet of exterior wall.

2. All dwellings shall have either a roof overhang of not less than six (6) inches on all sides, or alternatively with window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling;

3. The dwelling shall contain permanently attached steps connected to exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.

4. The dwelling shall not contain additions or rooms or other areas which are not constructed with similar quality work as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

5. The dwelling shall contain an interior storage area in a habitable basement or cellar located under the dwelling, or in a defined storage room space separate from closet areas, garage, utility or furnace rooms. The minimum storage area shall be equal to ten (10) percent of the square footage of the dwelling or one hundred (100) square feet, whichever shall be less.

6. Laundry facilities shall be required.

7. If the dwelling has wheels, towing mechanisms or undercarriages, they shall be removed.

8. The dwelling shall be connected to a public sanitary sewer and public water system, if available.

9. The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity.

a. The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans (which may include elevational sketches or photographs) submitted for a particular dwelling, subject to appeal by an aggrieved party to the Board of Zoning Appeals within a period of twenty-one (21) days from the receipt of notice of said Zoning Administrator's decision.

b. Any determination of compatibility shall be based upon the standards set forth in this subsection regarding dwellings as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks within nine hundred (900) feet of the subject dwelling where such area is developed with dwellings to the extent of not less than twenty (20) percent of the lots situated within said area; or where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of manufactured home parks throughout the City.

C. Compliance with City Building Code, State, and Federal Regulations. The dwelling shall conform to the City Building Code and all other pertinent construction and fire codes. Where a dwelling is required by law to comply with any Federal or State standards or regulations for construction and where such standards or regulations allow standards of construction which are less stringent than those imposed by the Building Code in effect in the City, then in that event, the less stringent Federal or State standard or regulation shall apply. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

D. Manufactured Home Standards. In the case of a manufactured home, all construction and all plumbing, electrical apparatus and insulation within and connected to said manufactured home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended.

E. Manufactured Homes, Applicable City Standards. The dwelling shall be placed upon and secured to a permanent foundation in accordance with the City Building Code. The area between the grade elevation of the lot and the structure shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable code for single-family dwellings. In the event that the dwelling shall be installed pursuant to the manufacturer's set-up instructions, the dwelling shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Manufactured Home Commission.

F. Non-applicability to Manufactured Homes in a State Licensed Mobile Home Park. The foregoing standards shall not apply to manufactured homes located in a state licensed manufactured home park except as required by state or federal law or otherwise specifically required in any City Ordinance pertaining to such parks.

SECTION 3-17 TEMPORARY OCCUPANCY IN VEHICULAR DWELLING

The owner or renter of any premises upon which a dwelling is situated may permit the parking of an occupied recreational vehicle (RV), motor home, mobile home, or travel trailer, of a guest or visitor on the premises for a period not exceeding a total of fifteen (15) days, but not more than eight (8) consecutive days, in any period of three hundred and sixty five (365) consecutive days, provided that a permit is applied for by the owner of said property and issued by the Zoning Administrator. Application for such permit shall include the serial number and license number of the unit, the name and permanent address of the owner thereof, and a statement warranting that the occupants of the unit shall have unrestricted use of the sewer and water supply facilities of the dwelling.

SECTION 3-18 SATELLITE DISH ANTENNAS

No satellite dish antenna shall be constructed, installed, maintained, or operated in the City of New Buffalo except in conformance with these regulations. It is the intent of these regulations to protect the community from a potentially unsightly proliferation of such antennas in open view; to protect public safety by regulating the placement of such dishes in front yards and thereby avoiding visual obstructions to traffic; and ensuring conformance to applicable building codes to avoid injury or destruction of property.

A. No satellite dish with a diameter of 24 inches or greater shall be placed in any front yard.

B. No satellite dish shall exceed the maximum height limitations for the district in which it is located.

C. All satellite dishes with a diameter of 24 inches or greater shall conform to the required setbacks for accessory buildings and structures for the applicable zoning district in which they are located.

D. No portion of the dish antenna shall contain any name, message, symbol, or other graphic representation visible from adjoining properties, except as required by the manufacturer of the dish antenna or federal regulations for safety purposes.

E. A satellite dish shall only be permitted in connection with, incidental to, and on the same lot as a principal use or main building.

F. A satellite dish antenna with a diameter of 24 inches or greater shall not be erected, constructed, or installed until a building permit therefore has been obtained from the Building Inspector to ensure that the dish is properly anchored and secured against high winds.

SECTION 3-19 SEASONAL USES

A. The Zoning Administrator, upon receiving an application, may issue a permit for the temporary sale of merchandise in any Nonresidential District, related to a seasonal or periodic event. Such seasonal uses shall include the sale of Christmas trees, fireworks, and similar activities, but shall not include roadside stands.

B. In considering a request for a temporary permit, the Zoning Administrator must determine that the operation of such a use is seasonal in nature and will not be established as a permanent use. The Zoning Administrator will also determine:

1. that the use does not have an unreasonable detrimental effect upon adjacent properties;

2. that the use does not impact the nature of the surrounding neighborhood;

3. that access to the area will not constitute a traffic hazard due to ingress or egress; and

4. that adequate off-street parking is available to accommodate the use.

C. Each permit shall be valid for a period of not more than ninety (90) days and may be renewed by the Zoning Administrator for up to one (1) additional thirty (30) day period, provided the season or event to which the use relates is continued.

SECTION 3-20 STORAGE OF RECREATION EQUIPMENT

Recreational equipment may be parked outside of an enclosed building on any lot within a Residential District provided that the following requirements are met:

A. On any lot in a Residential District, recreational equipment shall not be located within the front yard. If located on a through lot, recreational equipment shall not be located in the front yard, or required rear yard.

B. Notwithstanding the provisions of this Section, recreational equipment may be parked within any yard, but not within the required setback area, for cleaning, loading, or unloading purposes for not more than forty-eight (48) hours within any seven (7) day period.

SECTION 3-21 STORAGE AND REPAIR OF VEHICLES

A. The carrying out of repair, restoration and maintenance procedures or projects on vehicles in any residential zoning district shall be conducted entirely within the interior of a building.

B. Inoperable or unlicenced vehicles and vehicle parts shall be stored inside a building.

C. It shall be unlawful for the owner, tenant or lessee of any lot in any residential zoning district to permit the open storage or parking outside of a building of semi-tractor trucks and/or semi-trailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked thereon while in use for construction being conducted on such lot.

SECTION 3-22 SITE CONDOMINIUMS

A. Approvals Required. Site condominium subdivisions and development projects being undertaken pursuant to Section 141 of the Condominium Act, (MCLA 559.241), Public Act 59, of 1978, as amended, shall require the approval of the Planning Commission through the site plan review process (Article 19), and shall also require the approval of the City Council.

B. Site Development Requirements. Site condominium projects shall meet the site development requirements stated in the zoning district in which the project is located. Due to the different terminology and manner in which land is subdivided under the Condominium Act, the following definitions and application methods are offered to be able to apply the site development requirements to a condominium project.

C. Infrastructure Requirements. A site condominium subdivision shall meet all street and utility standards as contained in this ordinance or otherwise adopted as standard policy for the city. Street or utility easements required per this ordinance or city policy shall also be provided.

D. Definitions. The following definitions shall be used in review and approval of site condominium projects:

1. Building Envelope: The ground area occupied, or to be occupied, by the principal structure which is, or is intended to be, placed on a building site, together with any attached accessory structures.

2. Building Site (Condominium Unit): Regardless of use, that portion of the condominium project designed and intended for separate ownership and use, as described in the Master Deed. The building site or condominium unit may appear as a traditional lot, or may be a combination of the building envelope and limited common area.

3. Condominium Structure: Any building or structure constructed upon a building site (condominium unit).

4. Site Condominium: A division of land, on the basis of condominium ownership, subject to the Condominium Act, (MCLA 559.241), Public Act 59, of 1978, and not subject to the Land Division Act, Public Act 288 of 1967, as amended.

E. Correlation of Site Development Requirements to Site Condominium Projects.

1. All regulation pertaining to a lot shall apply to the building site in a condominium project.

2. All regulations pertaining to dwelling or building height, width, or size shall apply to the condominium structure.

3. Required setbacks shall apply to all site condominium subdivisions and shall be measured as follows:

a. The front yard setback shall be measured from the nearest street right of way or easement line to the building envelope.

b. The side yard setback shall be measured from the side of the building envelope to the side building site line.

c. The rear yard shall be measured from the rear line of the building envelope to the rear line of the building site.

4. Regulations for building to building spacing shall be measured from building envelope to building envelope.

5. The city shall have the authority to require any changes to the site condominium which are intended to have the condominium project meet the intent of the site development requirements.

F. Master Deed and Restrictive Covenants. All condominium subdivision projects shall be required to submit a copy of the proposed master deed for the projects and including any proposed restrictive covenants to apply to the project.

SECTION 3-23 PRIVATE ROADS

A. Purpose

The City determines that it is in the best interest of the public health, safety, and welfare to regulate the construction, improvement, extension, relocation, and use of private streets. These provisions have been enacted to assure that private streets:

1. Will not be detrimental to the public health, safety, or general welfare;

2. Will not adversely affect the long term development policies of the City;

3. Will be designed and constructed with width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.

4. Will be constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the City.

B. Definitions

As used in this Section, the following terms shall have these meanings:

1. "Parcel" means a tract of land which can be legally described with certainty and is capable of being located by survey.

2. "Safe and unimpeded route of travel" shall mean a roadway of adequate width to accommodate the safe, two-way passage of vehicles, and of sufficient construction to accommodate any fire, police, rescue, or other emergency vehicle which may be utilized by the City.

C. Frontage and Access

1. Any lot not having frontage on a public street shall have frontage upon a private street.

2. All parcels utilizing a private street shall have frontage on the private street for at least the minimum lot width required for the District in which the parcel is located.

3. All private streets shall have direct access to a public street.

D. Permits

1. No individual, association, corporation, or entity, either public or private, shall construct a private street without first having obtained a private street permit from the City Council.

2. The Building Inspector shall not issue building permits for construction of any building or structure on lots served solely by a private street until a permit for the private street has been approved by the Planning Commission and a safe and unimpeded route of travel is available for any such structure requiring a building permit.

3. A driveway permit shall be obtained from the Michigan Department of Transportation, where applicable, or from the City of New Buffalo.

4. A Soil Erosion and Sedimentation Control permit shall be obtained, as may be required by the Soil Erosion and Sedimentation Control Act of 1972, as amended.

5. All other required State of Michigan permits shall be obtained.

6. The Planning Commission may elect to have all design and construction plans reviewed by the City's attorney, engineer, or planner prior to consideration of the application for the private street permit.

E. Application

An application for a private street permit shall contain the following:

1. A completed private street permit application, provided by the City.

2. A detailed written description of the development to be served by the private street.

3. Seven (7) copies of a plan, drawn to scale, prepared by a registered engineer, showing the precise location, grade, route, elevation, dimensions, and design of the private street and any proposed extensions thereto, existing and proposed curb cuts, and the location and distance to any public streets which the private street is to intersect. However, the plan may be prepared by a registered surveyor, rather than a registered engineer, if the proposed private street is to serve five (5) or fewer parcels or main buildings, and if the Zoning Administrator waives in writing the requirement for the plan to be prepared by a registered engineer.

4. A survey of the right-of-way by a registered land surveyor, together with surveys for each parcel to be served by the private street.

5. The location of all public utilities, including, but not limited to, water, sewer telephone, gas, electricity, and television cable to be located within the private street right-of-way or within twenty (20) feet of either side thereof. Copies of the instruments describing and granting such easements shall be submitted with the application.

6. The location of any lakes, streams, wetlands, and drains within the proposed right-of-way or within one-hundred (100) feet thereof.

7. The location of any other buildings and structures located, or to be located, within one-hundred (100) feet of the private street right-of-way.

F. Design Requirements

1. Construction specifications for width, surface and base materials, curbing, drainage, utility locations, and method of construction shall conform to the City of New Buffalo standards for public streets except as otherwise provided, as follows:

a. All private streets shall have a recorded permanent right-of-way and easement with a minimum width of at least forty (40) feet. The easement shall also expressly permit public or private utilities to be installed within the easement.

b. The area in which the private street is to be located shall have a minimum cleared width of twenty-four (24) feet, which clearing shall always be maintained.

c. Road surface may be gravel, but shall meet the minimum construction standards of the Berrien County Road Commission for gravel roads. The road surface shall be a minimum of sixteen (16) feet in width.

d. Any private street which terminates at a dead-end shall have a means for vehicle turn-around either by use of a cul-de-sac, with a minimum radius of forty (40) feet, or by a continuous loop private street system, both of which must be constructed in accordance with the standards set forth in this Section.

e. The road surface shall have a minimum crown of .02 foot per foot from the centerline of the private street to the outside edge thereof.

f. A road shoulder at least two (2) feet wide, composed of six (6) inches of compacted gravel, shall be provided on each side on the private road surface and shall slope one-half (½) inch per foot from the outside edge of the road surface to the top of the slope.

g. The maximum longitudinal road grade shall not exceed six percent (6%), provided that the City Council may allow up to a ten percent (10%) grade if the applicant produces written justification, satisfactory to the Council, that an increase in the road grade will not adversely affect public safety and the design of the road system(s). The City Council may seek written recommendations from the City Engineer.

2. Length of private streets.

a. No private street shall extend for a distance of more than one thousand two hundred and forty (1,240) feet in length from the nearest public street right-of-way from which access is gained, as measured along the centerline of the private street to the furthest point of any private street, except as otherwise noted, without a private street access complying with this Section being provided to another public street.

b. The maximum length of a proposed private street may be exceeded if the City Council, after recommendation of the Planning Commission, finds that at least one (1) of the following conditions exists:

(1) That topography or other significant natural features preclude access to any other public street or adjoining property on which a public street may be constructed. Such significant natural features shall be clearly identified and marked on the proposed private street plans.

(2) That not allowing a longer private street would result in inefficient use of land. Alternate development plans demonstrating that no other development is feasible shall be submitted by the applicant and reviewed by the City Council prior to confirming this finding.

(3) That other methods of access are available such that emergency vehicles are assured a safe and unimpeded route of travel to the properties served by the private street. Such access shall be reviewed by the Fire Chief and the recommendation forwarded to the Planning Commission.

c. The City Council, upon a finding that at least one (1) of the above conditions exists, shall establish the maximum length of the proposed private street.

3. Right-of-way/easement width.

a. All private streets constructed after the effective date of this Ordinance shall have a recorded permanent right-of-way and easement with a minimum width of at least forty (40) feet. The right-of-way shall also expressly permit public or private utilities to be installed within the right-of-way.

b. Private streets in existence as of the effective date of this Ordinance whose right-of-way or easement width is less than forty (40) feet need not provide additional right-of-way or easement width, but such width shall not be subsequently reduced so as to increase its noncompliance with these requirements.

4. The layout of the private street and the intersections of the private street with either a public or private street shall be such that clear vision, safe turning and travel in all directions at the posted speed limit is assured, as determined by the City engineer. The minimum distance between intersections of public and/or private street rights-of-way shall not be less than one-hundred and fifty (150) feet, as measured along the right-of-way line thereof.

5. Existing private streets

a. A private street existing on the effective date of this Ordinance may continue in existence and be maintained and used, though it may not comply with the provisions of this Section. Such private streets shall be continuously maintained so as to provide a safe and unimpeded route of travel for motor vehicle traffic, pedestrians, and emergency vehicles in all weather conditions.

b. Any private street existing on the effective date of this Ordinance to which one (1) or more additional lots or parcels are created or otherwise permitted access, shall have the entire length of the existing private street upgraded to comply with the applicable requirements of this subsection F.

c. If a private street existing on the effective date of this Ordinance is extended by the construction and use of an additional length of private street the entire private street, including the existing portion and the additional portion, shall comply with the applicable requirements of this subsection F.

G. Review standards; modification of certain requirements.

1. Prior to approving a private street permit application, the Planning Commission shall determine the following:

a. The proposed private street will not be detrimental to the public health, safety, or general welfare.

b. The proposed private street will not adversely affect the use of land.

c. The private street is constructed to assure a safe and unimpeded route of travel for motor vehicle traffic, pedestrians, and emergency vehicles in all weather conditions.

d. The private street is constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the City.

e. The construction of the private street will conform to the requirements of this Section.

2. The Planning Commission may require that the applicant comply with reasonable conditions relative to the design and construction of the private street.

3. Upon application the Planning Commission may modify any of the private street requirements of this Section after finding that all of the following conditions exist:

a. Topography, soils, and/or other significant natural features physically preclude or prevent compliance with the requirements of this Section without substantial alteration of such natural features. Such natural features shall be clearly identified and described in the application for any such modification.

b. The justification of any modification is not due solely to financial considerations which, upon approval of the requested modification would provide a financial benefit.

c. That no other reasonable private street design alternatives are available that would comply with the requirements of this Section.

d. That the request for modification was reviewed by the Fire Chief or City Engineer, or any other appropriate person or official and a recommendation submitted to the Planning Commission.

H. Maintenance and Repairs

1. Private streets shall be maintained in a manner that complies with the provisions of this Section.

2. All private streets shall be continuously maintained in such a way that they will not constitute a danger to the health, safety, and welfare of the inhabitants of the City. All private streets shall be continuously maintained in such a way that they assure a safe and unimpeded route of travel for motor vehicle traffic, pedestrians, and emergency vehicles in all weather conditions.

3. All costs for maintenance and repair of the private street shall be the responsibility of the property owners or any property owners association served by the private street.

4. Private street maintenance or restrictive covenant agreements.

a. The applicant(s)/owner(s) of the proposed private street right-of-way or private street shall provide the Planning Commission with a recordable private street maintenance or restrictive covenant agreement between the owner(s) of the private street right-of-way and any other parties having any interest therein, or other documentation satisfactory to the Planning Commission which shall provide for and assure that the private street shall be regularly maintained, repaired, and snow plowed so as to assure that the private street is safe for travel at all times and the cost thereof paid.

b. The applicant(s) agree, by filing an application for and receiving a permit under this Ordinance, that they will assure that any building(s) or parcels thereafter created or constructed on the private street shall also be subject to the street maintenance or restrictive covenant agreement and that said agreement shall be recorded and shall run with the land. A copy of said agreement shall be furnished to the Planning Commission prior to the issuance of the permit.

I. Performance Guarantee

The Planning Commission may, as a condition of the private street construction permit, require that the applicant provide a performance guarantee, in accordance with the provisions of Section 22-3B.

J. Inspections/Certificate of Compliance

1. Upon completion of construction of the private street, the City Engineer shall inspect the completed construction to determine whether it complies with the approved plans, specifications, permit, and this Ordinance.

2. The applicant(s), at the applicant(s)'s expense, shall provide the City with a set of "as built" drawings bearing a certificate and statement from a registered engineer certifying that the private street has been completed in accordance with the requirements of the permit and the City of New Buffalo.

3. If the completed private street does not satisfy the requirements of the permit or this Ordinance, the applicant(s) shall be notified of the noncompliance in writing and shall be given a reasonable period of time within which to correct the deficiencies. Failure to correct the deficiencies within the time provided shall subject the applicant(s) to the penalties provided for in this Ordinance.

K. Fees: Fees for the permits required hereunder shall be set by the Planning Commission from time to time by resolution. Additionally, the Planning Commission may require that the applicant(s) put sufficient funds in escrow to cover the costs of having the City attorney, engineer, planner, or other professional review the private street plans, specifications, and maintenance agreements, and to do the necessary inspections.

L. Indemnify: The applicant(s)/owner(s) of the private street agree that by applying for or securing a permit to construct the private street that they shall indemnify and hold the City harmless from any and all claims for personal injury and/or property damage arising out of the use of the private street or of the failure to properly construct, maintain, use, repair, and replace the private street.

M. Permitted: Private roads may be permitted in residential districts and planned unit developments only. Private roads may not be approved if they are projected to reach an average daily traffic volume of 1,000 or more vehicles per day anytime in the future. If approved, a private road shall meet the design and construction standards as established by the city.

SECTION 3-24 LIGHTING REQUIREMENTS

ARTICLE 8: R-3 HIGH DENSITY RESIDENTIAL DISTRICT

SECTION 8-1 INTENT AND PURPOSE

This district is intended for buildings containing multiple-dwelling units, including both attached single-family dwelling units and apartment-style residential development. It is intended to provide additional variety in housing opportunity and choices, and to recognize the need to provide affordable housing.

SECTION 8-2 USES PERMITTED BY RIGHT [Ord. 175, 2/19/2008]

Land and/or buildings in the R-3 District may be used for the following purposes by right:

A. Multiple-family dwelling units, including single-family attached dwelling units, and apartment buildings.

B. Single-family detached dwelling units.

C. Accessory buildings and uses associated with the above permitted uses, including:

1. Automobile carports or garages.

2. Health club facilities intended primarily for residents of the residential complex.

3. Recreational facilities intended exclusively for residents of the residential complex such as pools and tennis courts and other similar uses.

4. Community center building.

Accessory buildings shall also comply with the regulations contained in Section 3-2 of the ordinance.

D. Home Occupations pursuant to Section 3-26.

E. State licensed residential care family facilities.

F. State licensed family day care centers.

G. Municipal parks.

H. Public utility or service buildings, not requiring the outdoor storage of materials.

SECTION 8-3 USES PERMITTED BY SPECIAL LAND USE

Land and/or buildings in the R-2 District may be used for the following purposes when approved by the Planning Commission in accordance with the special use requirements contained in Article 17:

A. State licensed group day care centers

B. State licensed residential care group facilities

C. Multiple-family dwelling units providing any type of nursing or medical assistance, assisted living facility, or residential complex providing a common eating area.

D. Home Occupations not meeting the standards in Section 3-26.

SECTION 8-4 SITE DEVELOPMENT REQUIREMENTS

All Permitted Uses and Special Land Uses are subject to the following Site Development Requirements:

A. Site Plan Review is required in accordance with Article 19.

B. Parking is required in accordance with Article 15.

C. Signs are permitted in accordance with the requirements of Article 16.

D. Minimum building setbacks, height, area, and lot dimensions are required as noted below.

MINIMUM BUILDING SETBACKS

Front Yard

30 feet

Side Yard

20 feet

Rear Yard

30 feet

MINIMUM BUILDING TO BUILDING SPACING

Side to side

25 feet

front to front

50 feet

rear to rear

80 feet

front to side

50 feet

corner to corner

25 feet

front to rear

60 feet

rear to side

50 feet

MINIMUM DWELLING UNIT SIZE (Multiple-Family Dwelling Units)

Efficiency units

500 square feet

One-bedroom units

600 square feet

Two-bedroom units

800 square feet

Three-bedroom units

1,000 square feet

Four-bedroom units

1,150 square feet

OTHER REQUIREMENTS

Minimum Lot Width

150 feet

Maximum Lot Coverage

35% of total lot area

Maximum Building Height

35 feet

Maximum Density

A maximum net density of twelve (12) units per acre shall be permitted.

Maximum Dwelling Units Per Building

(Attached single-family dwelling units)

6 units

Maximum Dwelling Units Per Building

(Apartment-style dwelling units)

12 units (unless approved by special use)

ARTICLE 10: CBD - CENTRAL BUSINESS DISTRICT

SECTION 10-1 INTENT AND PURPOSE

This district is intended to provide convenience retail and services, specialty retail, tourist-oriented retail and services, entertainment establishments, and professional offices in a concentrated, but well-designed manner. This district is intended to serve the local residents as well as the vacationing or visiting public.

SECTION 10-2 USES PERMITTED BY RIGHT AND SPECIAL USE PERMIT

Land or buildings in the CBD District may be used for the following uses "by right" or by "special use permit" as identified. Those uses permitted by special use permit shall be reviewed in accordance with provisions contained in Article 17.

GROCERY, FOOD STUFFS, PHARMACIES AND RELATED USES

Land Use

Permitted by Right

Special

Use

Grocery store

Convenience store selling foods, without gasoline sales.

Specialty food stores including: meat market, bakery, produce, candy/nuts, and health food store.

Bulk food sales (retail)

Pharmacy (without drive-thru service)

Pharmacy (with drive-thru service)

Medical supplies

Liquor sales

AUTOMOTIVE, GASOLINE, AND MARINE SALES AND SERVICE

Land Use

Permitted by Right

Special

Use

Automotive parts

10.

Marine supplies (not including water craft sales and service)

11.

Marine supplies (including water craft sales and service)

OFFICES

Land Use

Permitted by Right

Special

Use

12.

Executive, professional, and administrative offices.

13.

Medical offices, out-patient clinics, and emergency med center

14.

Real estate and insurance

15.

Veterinary office (but not including outdoor kennels, run, or exercise facilities).

16.

Municipal offices and facilities (but not including penal institutions, halfway houses, work release facilities, or facilities of a similar character).

17.

Financial institutions including: banks, credit unions, savings and loan, mortgage, stock brokerage, and investments, but without drive-thru facilities.

18.

Financial institutions including: banks, credit unions, savings and loan, mortgage, stock brokerage, and investments, with drive-thru facilities

RESTAURANTS, LOUNGES, BARS, AND PUBS

Land Use

Permitted by Right

Special

Use

19.

Restaurants, cafes, coffee shops and ice cream shops (without drive-thru service).

20.

Outdoor Seating/Service

21.

Bars, lounges, or pubs (not including adult entertainment).

GENERAL AND SPECIALTY RETAIL AND PERSONAL SERVICES

Land Use

Permitted by Right

Special

Use

22.

Sporting goods (not including recreational vehicle sales and service).

23.

Bait shops

24.

General merchandise stores limited to new merchandise and entirely within an enclosed building (includes department and variety stores).

25.

Used retail merchandise sales conducted entirely within an enclosed building and handling product lines classified as antiques, used, second-hand, surplus or factory seconds.

26.

Stores selling small appliances, computers/software, office equipment, camera/photo supplies, and electronics.

27.

Personal services including: hair salons, beauty/barber shops, florists, health and fitness clubs, photographic studios, travel agencies, locksmith, tax services, video rental (non-adult), dry cleaners (non-industrial), pet grooming and commercial day care.

28.

Massage services

29.

Specialty retail stores including: books/news/magazine (non-adult), stationery, jewelry, hobby/toys, gift/novelty, luggage/leather, sewing/needlework, tobacco, music/compact discs/tapes, and musical instruments.

30.

Apparel, including shoes and clothing accessories.

31.

Hardware stores

RECREATION, LEISURE, HOTELS, AND MOTELS

Land Use

Permitted by Right

Special

Use

32.

Bowling Alley, with or without the sale of food and alcoholic beverages.

33.

Miniature golf.

34.

Indoor movie theater or performing arts theater (not including adult entertainment)

35.

Lodge halls, social clubs, fraternal organizations, banquet halls, and other similar uses not involving residential occupancy or adult entertainment.

36.

Municipal parks*

37.

Hotels

38.

Motels

39.

Bed and Breakfast

* [Ord. 175, 2/19/2008]

ARTICLE 2: DEFINITIONS AND INTERPRETATIONS

SECTION 2-9 DEFINITIONS "G" [Ord. 149, 2/15/2005]

SECTION 2-10 DEFINITIONS "H" [Ord. 149, 2/15/2005]

SECTION 2-16 DEFINITIONS "M" [Ord. 175, 2/19/2008]

SECTION 2-19 DEFINITIONS "P" [Ord. 171, 6/12/2007]

SECTION 3-4 MAIN BUILDING OR PRINCIPAL USE

SECTION 3-27 WIRELESS COMMUNICATION TOWERS

SECTION 5-2 USE REGULATIONS [Ord. 175, 2/19/2008]

SECTION 6-2 USES PERMITTED BY RIGHT [Ord. 175, 2/19/2008]

SECTION 7-2 USES PERMITTED BY RIGHT [Ord. 175, 2/19/2008]

SECTION 8-2 USES PERMITTED BY RIGHT [Ord. 175, 2/19/2008]

SECTION 9-2 PERMITTED USES [Ord. 175, 2/19/2008]