Pursuant to the authority granted to the City of New Buffalo
by the Public Acts of the State of Michigan, this ordinance is established
for the following purposes:
A.
To promote and protect the public health, safety, and general welfare.
B.
To protect the character and the stability of the open space, residential,
and nonresidential areas within the City of New Buffalo and promote
the orderly and beneficial development of such areas.
C.
To provide adequate light, air, privacy and convenience of access
to property.
D.
To regulate the intensity of land use and lot areas and determine
the area of open spaces surrounding buildings and structures necessary
to provide adequate light and air and to protect the public health.
E.
To lessen and avoid congestion on the public highways and streets.
F.
To promote healthful surroundings for family life in residential
areas.
G.
To protect the public and adjacent uses from fire, explosion, noxious
fumes or odors, excessive heat, dust, smoke, glare, noise, vibration,
and other health and safety hazards.
H.
To prevent the overcrowding of land and undue concentration of buildings
and structures, so far as possible and appropriate, in each zoning
district by regulating the use and bulk of buildings in relation to
the land surrounding them.
I.
To enhance the social and economic stability of the City.
J.
To enhance the aesthetic desirability of the environment throughout
the City.
K.
To conserve the expenditure of funds for public improvements and
services.
Zoning districts in this ordinance each have a deemed purpose
and are based on the City of New Buffalo General Plan. The districts
are sized to be adequate to handle long-term needs, and yet must be
monitored relative to any necessary changes or updating as time passes.
While the regulations limit the use of properties, the Ordinance is
intended to provide landowners with a range of choices, flexibility,
and options for development.
This ordinance shall be known and may be cited as the "City
of New Buffalo Zoning Ordinance."
A.
Interpretation and application. In its interpretation and application,
the provisions of this ordinance shall be held to be minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience,
or general welfare. It is not intended by this ordinance to impair
or interfere with any other existing provision of law or ordinance.
However, where this ordinance imposes a greater restriction than is
required by existing ordinance or by rules, regulations, or permits,
the provisions of this ordinance shall control.
B.
Vested rights. Except as otherwise noted, nothing in this ordinance
shall be interpreted or construed to give rise to any permanent vested
rights in the continuation of any particular use, district, zoning
classification, or any permissible activities therein; and all rights
are hereby declared to be subject to such subsequent amendment, change
or modification hereof as may be necessary to the preservation or
protection of public health, safety, and welfare.
C.
Zoning rights vested with property, not owner. The right to continue
a land use or activity or construct a building or structure which
is either permitted by this ordinance or established as a legal nonconformity
shall be vested with the property rather than the owner. No rights
shall be terminated for reasons of transfer of ownership. The right
to continue a land use or activity shall transfer automatically upon
the conveyance of the property.
D.
Applicability of zoning ordinance regulations. Except as otherwise
provided for in this ordinance, every building and structure erected,
every use of any lot, building, or structure established, every structural
alteration or relocation of an existing building or structure, and
every enlargement of, or addition to, an existing use, building and
structure occurring after the effective date of this ordinance, shall
be subject to this ordinance.
E.
Uses permitted by right. All land development specifically listed
under the heading "Uses Permitted by Right" shall be allowed when
determined to be in accordance with all provisions of this ordinance
and all other applicable laws, regulations or ordinances having jurisdiction
over the proposed use of land. Where not specifically permitted, uses
are prohibited, unless construed to be similar to a use as expressly
determined in accordance with Section 1-4G.
F.
Uses permitted by special land use. All land development specifically
listed under the heading of "Uses Permitted by Special Land Use" in
the district description contained in this ordinance shall be allowed
upon recommendation to the City Council by the Planning Commission
after a public hearing and upon approval by the City Council in accordance
with Article 17 of this chapter.
G.
Uses not specifically mentioned.
1.
Any use of land or development activity not specifically mentioned
in this ordinance may be classified by the Zoning Administrator as
the use most similar in character to the proposed use.
2.
If the Zoning Administrator needs further interpretation of the proposed
use, the Official may refer the proposed use to the Board of Zoning
Appeals for classification.
3.
If the Board of Zoning Appeals finds that the use is not similar
in character to uses listed in the Ordinance they shall so find. The
applicant may then make application to the Planning Commission for
consideration of an amendment to the Zoning Ordinance to include the
proposed use in one or more of the zoning districts of this ordinance,
either as a Use Permitted by Right or a Use Permitted by Special Land
Use.
H.
Application submittals. Where any provision of this ordinance requires
the submittal of any application or other required information to
the City within a specified number of days prior to a meeting, those
days shall be constructed to be business days, exclusive of weekends
and holidays.
