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.
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.
[Amended 2-15-2005 by Ord. No. 149; 6-12-2007 by Ord. No. 171; 2-19-2008 by Ord. No. 175]
As used in this chapter, the following terms shall have the
meanings indicated:
A lot or parcel which shares a common border with the subject
lot or parcel.
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.
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.
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.
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.[1]
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 (MCLA § 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.
A private residence with the approved capacity to receive
six or fewer adults to be provided with foster care for five or more
days a week and for two or more consecutive weeks. The adult foster
care family home licensee shall be a member of the household, and
an occupant of the residence.
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."[2]
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.[3]
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 20% of the total material displayed
or exhibited for sale for entertainment purposes, or comprising more
than 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
bookstore, adult cabaret, adult novelty store, adult motel, and adult
massage parlor.[4]
Any dedicated public right-of-way affording a secondary means
of access to abutting property, and not intended for general circulation.
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.
The highest elevation of a flood having a one-percent chance
of being equaled or exceeded in any given year.
That portion of a building which is partly below and partly
above grade, and having at least 1/2 its height below grade.
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A use within a detached single-family dwelling in which transient
guests are provided a sleeping room, breakfast and access to bathing
and lavatory facilities in return for payment.
A combination of material, whether portable or fixed forming
a structure having a roof supported by columns or by walls affording
a facility or shelter for use or occupancy by person, animals, or
property.
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.
The officer or other designated authority charged with the
administration and enforcement of the City Building Code, or his or
her duly authorized representative.
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.
The City of New Buffalo, Michigan.
Act 207 of the Michigan Public Acts of 1921, as amended.[5]
The duly adopted Building Code of the City of New Buffalo.[6]
The legislative body of the City of New Buffalo, Michigan.
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.
A system of separate ownership of individual units and/or
multi-unit projects according to Public Act 59 of 1978, as amended.[7]
The erection, alteration, repair, renovation, demolition
or removal of any building or structure; and the excavation, filling,
and grading of a lot.
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.
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.
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.
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 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.
A single-family residence, occupied as such, in which care
is provided for more than one but less than seven minor children or
adults for periods of less than 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.
A single-family residence, occupied as such, in which care
is provided for at least seven but not more than 12 minor children
or adults for periods of less than 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.
The number of dwelling units per unit of lot area (see "lot
area").
A figure which equals the total number of dwelling units
on a lot divided by the total number of acres included in the lot.
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 nonresidential use; or containing wetlands,
floodplain, or water.
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.
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.
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.
A detached building or portion thereof designed or used exclusively
as the home, residence or sleeping place of one 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.
A building, or portion thereof, designed exclusively for human occupancy providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit may be used as a short-term rental unit when licensed pursuant to Chapter 11 of the City Code and when either: 1) short-term rentals are not prohibited in the zoning district where the property is located; or 2) the short-term rental unit is established as nonconforming and operating in compliance with the regulations in Section 20-8.
[Amended 11-23-2021 by Ord. No. 253]
A detached building, designed for or occupied by two families
living independently of each other.
A single building with abutting walls containing more than
two residential dwelling units.
A detached building, designed for or occupied exclusively
by one family.
A public or private accredited kindergarten through 12th
grade school, college, trade, or business school, nursery school,
pre-school, or day-care center, and/or related administrative offices,
excluding maintenance garage.
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.
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.
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.
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.
The use of a parcel of land or a structure at the time of
the enactment of this ordinance.
An individual or group of two 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
A collective number of individuals domiciled together in one
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.
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 feet in
height and more than two feet from any lot or property lines (normally
used to set off planting areas).
Land which on the basis of available floodplain information
is subject to a 1% or greater chance of flooding in any given area.
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.
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.
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.
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.
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 center line 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.
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.
That area used for or intended to be used for the sale of
merchandise or services, or for use to serve patrons, clients or customers.
Such floor area which is used or intended to be used for hallways,
stairways, elevator shafts, utility or sanitary facilities or the
storage or processing of merchandise shall be excluded from this computation
of usable floor area.
Measurement of usable floor area shall be the sum of the horizontal
areas of each story of a structure measured from the internal faces
of the exterior walls.
 |
The total length of the front lot line (in feet) being the
horizontal distance between the side lot lines, as measured at the
street right-of-way line, or private street easement line.
See "master plan."
A facility under the operational control of a governmental
unit, specifically a township, City, village, county, state, the United
States Government, or some combination of governmental units, including,
but not limited to, offices, libraries, museums, town halls, post
offices, courts, and civic centers; excluding vehicle and equipment
maintenance, garages and correctional institutions.
The average elevation of the finished surface of ground after
the development, filling, or excavation of a parcel of land.
A strip of land of specified width and location reserved
for the planting of shrubs, grasses, and/or trees to serve as an obscuring
screen or buffer strip.
See "day care, group."
Commercial vehicles with a gross vehicle weight in excess
of 10,000 pounds, and excavating, grading, road building, earth moving,
demolition, loading and similar equipment.
The vertical distance measured from the established preconstruction
grade to the highest point of the roof surface if a flat roof; to
the deck of mansard roofs; and to the mean height level between eaves
and ridge of gable, hip and gambrel roofs. When the terrain is sloping,
the ground level is measured at the wall line.
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An occupation customarily conducted in a dwelling unit that
is clearly an incidental and secondary use of the dwelling.
A structure, building, or parcel of land, or portion thereof
utilized or inherently designed to be utilized for the purpose of
production, manufacturing, processing, cleaning, testing, rebuilding,
assembly, distribution, finishing, constructing, or printing of goods
or products, and related research and development facilities.
Any worn out or discarded materials including, but not necessarily
limited to: yard debris, scrap metal, scrap paper, scrap lumber, other
scrap an discarded materials, and any inoperable motor vehicles, machinery,
appliances, or products. Junk includes the above materials, whether
they are to landfilled, recycled, sold, or used in some other way.
Any land or building used for the storage, sorting, dismantling,
baling, salvaging, recycling, and/or sale of junk. Junkyards shall
not include residential or municipal garden or leaf composting, a
municipal dump or landfill, or drop-off stations for residential recyclables.
A description of how land is occupied or utilized.
An off-street space on the same lot with a building, or group
of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials.
A parcel of land, or contiguous parcels of land under one
ownership described within fixed boundaries, of sufficient size and
configuration to meet the site development requirements of this ordinance
and having access to a public road or approved private road. The word
"lot" shall include plot or parcel. A lot need not be a "lot of record."
A lot may also mean a portion of a condominium project, as regulated
by Public Act 59 of 1978, as amended,[8] designed and intended for separate or limited ownership
and/or use.
The total area within the described lot lines of a parcel
of land, excluding road right-of-way, or private road easement area.
A parcel of land abutting upon two or more streets at their
intersection, or upon parts of the same street forming an interior
angle of less than 135°. See Graphic.
That portion of the area of lot that contains buildings and
structures measured as a percent of the entire lot area.
The distance from the front lot line to the rear lot line
measured in the general direction of the side lines of the lot.
A lot with access provided to the bulk of the lot by means
of a narrow corridor fronting on a public street.
A lot other than a corner lot.
The boundaries of a lot which divide one lot from another
lot or from a public or existing private road or any other publicly
owned parcel of land.
In the case of an interior lot, abutting upon one public
or private street, the front lot line shall mean the line separating
such lot from the street right-of-way or private road easement line.
That lot line which is opposite and most distant from the
front lot line. In the case of an irregular- or triangular-shaped
lot, a line at least 10 feet in length, entirely within the lot, and
generally parallel to and most distant from the front lot line.
Any lot line other than a front or rear lot line.
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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.
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.
A transportable, factory-built home, designed to be used
as a year-round residential dwelling.
A parcel or tract of land under the control of a person upon
which three or more manufactured homes are located on a continual
nonrecreational basis and which is offered to the public for that
purpose regardless of whether a charge is made therefor, 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.
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 nonprofit 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:
Proof of graduation from a school of massage licensed by the
State of Michigan;
Official transcripts verifying completion of at least 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;
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
A current occupational license from another state.
The Master Plan under current adoption by the City of New
Buffalo and shall include any amendments or updates thereto.
A series of attached, semidetached, 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.
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.
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.
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.
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.
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.
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.
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.
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 which is held for the collective use and enjoyment
of the owners, tenants, or occupants of a single development.
The City of New Buffalo Zoning Ordinance when no other ordinance
description is used.
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.
A lot described by metes and bounds or described in a recorded
plat.
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 MCLA Chapter 446 (Act No. 469, of the Public Acts 2002,
as amended[9]), shall not count as a pawnbroker.
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.
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
owner or organized group.
A recorded subdivision of land as provided in Act 288 of
1967, as amended, the Land Division Act.[10]
A person whose principal place of residence is in the City
of New Buffalo and where such person resides at least 183 days each
year.
The primary or predominant purpose to which a parcel of land
is devoted as distinguished from an accessory use.
See "lot line."
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.
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.
The upgrading of an existing building or part thereof which
is in a dilapidated or substandard condition.
The reconstruction or renewal of any part of an existing
building for the purpose of maintenance.
See "state-licensed residential facility."
The reconstruction or replication of an existing building's
original architectural features.
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.
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit.
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.
The horizontal distance between a front, rear, or side lot
line and a building line.
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.
A group of commercial establishments (three or more), planned
and developed as a unit, with a minimum gross leasable area of 20,000
square feet, and containing on-premises parking.
The rental of a dwelling unit for compensation for a term
of less than one month. However, short-term rental activity does not
include the following: transitional housing operated by a nonprofit
entity, group homes such as nursing homes and adult foster care homes,
hospitals, or housing provided by a substance abuse rehabilitation
clinic, mental health facility, other health-care-related clinic,
or dwelling units owned by a business entity and made available on
a temporary basis to employees of that business entity or employees
of a contractor working for that business entity.
[Added 11-23-2021 by Ord.
No. 253]
A dwelling unit in which short-term rental activity is permitted to occur subject to the terms and conditions of this ordinance and Chapter 11 of the City Code.
[Added 11-23-2021 by Ord.
No. 253]
See definitions in Article 16, Signs.
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.[11]
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.
For the purposes of this ordinance shall be defined as:
[12]
For the purposes of this ordinance shall be defined as follows:
[13]
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,[14] or Act 116 of 1973 of the Public Acts of Michigan, as
amended,[15] which provides resident care services under twenty-four-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.
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.
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.
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 or more existing parcels and/or main buildings.
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.
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.
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.
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 year, or of building development that results
in one or more parcels of less than 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.[16] "Subdivide" or "subdivision" does not include a property transfer between two 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 Chapter 2, Administration, Article VI, Land Division, of the Code of the City of New Buffalo.
A map or chart depicting the subdivision of land as regulated
by the Land Division Act, as amended.[17]
Towers erected for the purpose of providing commercial wireless
telecommunication services or other radio wave communications.
A vehicular portable structure built on a chassis which is
less than 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.
The purpose or activity for which land or structures are
designed, arranged, or intended, or for which land or structures are
occupied or maintained.
See "floor area, usable."
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.
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.
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.
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.
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.
Any activity involving the permanent or temporary keeping
or treatment of animals operated as a business.
The vertical exterior surface of a building and the vertical
interior surfaces which divide a building's space into rooms.
An open trench either naturally or artificially created which
periodically or continuously contains moving water draining an area
of at least two acres which has definite banks, a bed and visible
evidence of a continued flow or occurrence of water.
An open space on the same land with a building or group of
buildings, which open space lies between the building or group of
buildings and the nearest lot line and is unoccupied and unobstructed
from the ground upward, except as otherwise provided herein.
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Any yard which abuts a public or private street shall be
considered a front yard for building setback purposes.
A yard extending across the full width of the lot, the depth
of which is the distance between the front lot line and the foundation
line of the main building. The required rear yard shall mean the yard
established as a result of compliance with the required rear yard
setback.
A yard extending across the full with of the lot, the depth
of which is the distance between the rear lot line and rear foundation
line of the main building. The required rear yard shall mean the yard
established as a result of compliance with the required rear yard
setback.
A yard between the foundation line of the main building and
the side lot line extending from the required front yard to the required
rear yard. The required side yard shall mean the yard to be established
as a result of compliance with the required side yard setback.
The dividing of the City into districts of a number and shape
considered best suited to carry out the purposes of the Zoning Act[18] and the creation of uniform regulations throughout each
individual district. Such districts are referred to as zoning districts
in this ordinance.
The City and Village Zoning Act, Public Act 207 of 1921,
as amended.[19]
The person designated by the City to administer and enforce
this Zoning Ordinance.
The City of New Buffalo Zoning Board of Appeals created under
Act 207 of the Public Acts of 1921, as amended.[20]
A permit to be issued by the Zoning Administrator the purpose
of which is to indicate that the activity or development being requested
of the City is in compliance with all the regulations contained in
this ordinance.
The City of New Buffalo Zoning Ordinance.
[5]
Editor's Note: See now the Michigan Zoning Enabling Act (ZEA),
MCLA § 125.3101 et seq.
[7]
Editor's Note: See MCLA § 559.101 et seq.
[8]
Editor's Note: See MCLA § 559.101 et seq.
[9]
Editor's Note: See MCLA § 446.201 et seq., as amended
by Act No. 92 of the Public Acts of 2006.
[10]
Editor's Note: See MCLA § 560.101 et seq.
[11]
Editor's Note: See MCLA § 559.101 et seq.
[14]
Editor's Note: This Act was repealed by P.A. 1979, No. 218.
See now MCLA § 400.701 et seq.
[15]
Editor's Note: See MCLA § 722.111 et seq.
[16]
Editor's Note: See MCLA § 560.101 et seq.
[17]
Editor's Note: See MCLA § 560.101 et seq.
[18]
Editor's Note: See now the Michigan Zoning Enabling Act, MCLA
§ 125.3101 et seq.
[19]
Editor's Note: See now the Michigan Zoning Enabling Act (ZEA),
MCLA § 125.3101 et seq.
[20]
Editor's Note: See now the Zoning Enabling Act, MCLA § 125.3101
et seq.
