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.
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.
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 nonresidential districts
shall be setback six 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 feet
from a side or rear property line, and a minimum of 10 feet from the
primary structure, but where it abuts an alley, it shall be setback
six feet.
3.
Number of buildings. Up to two accessory buildings shall be permitted,
however their combined area shall not exceed the maximum permitted
area for detached accessory buildings.
5.
Maximum rear yard coverage. Detached accessory structures shall not
cover more than 40% of the rear yard area. In the case of corner lots,
such structures shall not cover more than 40% of the yard opposite
the principal front yard.
6.
Permitted height. No detached accessory building shall exceed a height
of 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 10 feet from the residential structure and any property
line.
C.
Detached accessory buildings in nonresidential districts or uses. Detached accessory buildings having 1,000 square feet of area or more shall be approved through the site plan review process. Detached accessory buildings of less than 1,000 square feet may be approved as a minor change to a site plan (see Article 19). All detached accessory buildings shall comply with the building setback requirements of the primary structure.
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 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.
Each parcel shall contain only one 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.
A.
Fences in residential districts shall not exceed six 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
3 1/2 feet in height. Fences within the front yard shall be of
a type which is not more than 50% 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 feet from a sidewalk, where
the sidewalk is within the public right-of-way.
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.
A portion of a detached garage or accessory building may contain
one 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.
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.
A.
Except in the CBD Central Business District, mechanical appurtenances,
such as blowers, ventilating fans and air conditioning units, shall
be placed not closer than 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 10 feet
above the surrounding roof surface, and shall not occupy greater than
15% of the total area of the roof of the building on which it is placed.
A.
Purpose.
In order to protect adjacent properties, public roads and public watercourses,
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 acre of land or
lies within 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,[1] as amended, prior to issuance of a development permit.
[1]
Editor's Note: This Act was repealed by P.A. 1995, No. 60.
See now MCLA § 324.9101 et seq.
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,[2] shall be required to obtain said permit prior to the issuance
of a development permit.
[2]
Editor's Note: This Act was repealed by P.A. 1995, No. 59.
See now MCLA 324.30101 et seq.
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 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:
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.
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 12 working days after the completion or abandonment of construction work on the property.
No fence, wall, sign, hedge, screen or any planting shall be
erected or maintained to obstruct vision between a height of three
feet and eight feet within the triangular area formed by the intersection
of the street right-of-way lines and a line connecting two points
which are located on those intersecting right-of-way lines 20 feet
from the point of intersection of the right-of-way lines.
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A.
Every person owning land on which there is located a swimming pool,
spa, hot tub, or similar device (below ground or above ground) which
contains 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 feet or greater than six feet above grade. All gates
shall be self-latching with latches placed no less than four feet
above grade or otherwise made inaccessible from the outside to small
children.
B.
Swimming pools shall not be located less than 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.
A.
Where the established front yards for existing main buildings within 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 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 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 15 feet.
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 24 continuous feet of exterior wall.
2.
All dwellings shall have either a roof overhang of not less than
six 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 10% of the square
footage of the dwelling or 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 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 900 feet of the subject dwelling
where such area is developed with dwellings to the extent of not less
than 20% 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.
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 15 days, but
not more than eight consecutive days, in any period of 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.
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
therefor has been obtained from the Building Inspector to ensure that
the dish is properly anchored and secured against high winds.
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 90 days
and may be renewed by the Zoning Administrator for up to one additional
thirty-day period, provided the season or event to which the use relates
is continued.
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
48 hours within any seven-day period.
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 unlicensed 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.
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).
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.
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.
PARCEL
SAFE AND UNIMPEDED ROUTE OF TRAVEL
Definitions. As used in this section, the following terms shall have
these meanings:
A tract of land which can be legally described with certainty
and is capable of being located by survey.
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.
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 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 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 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 100 feet thereof.
7.
The location of any other buildings and structures located, or to
be located, within 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 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 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 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 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 0.02 foot per foot
from the center line of the private street to the outside edge thereof.
f.
A road shoulder at least two feet wide, composed of six inches of
compacted gravel, shall be provided on each side on the private road
surface and shall slope 1/2 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 6%, provided
that the City Council may allow up to a 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 1,240
feet in length from the nearest public street right-of-way from which
access is gained, as measured along the center line 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 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 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 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 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 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 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.
A.
Parking lot lighting shall be as required in Section 15-4C.
B.
Lighting provided for security or visibility on any site shall be
shielded to reduce glare and shall be so arranged and maintained as
to direct the light away from any residential district or use which
adjoins the site.
C.
Lighting shall not be attached to buildings or other structures that
permit light to be directed horizontally.
|
The City Council shall by resolution establish such fees and
charges as it may require for applications, permits, reviews, and
for other procedures and services related to the provisions of this
ordinance.
Home occupations shall be permitted by right in any residential
district subject to meeting the following conditions:
A.
They shall be conducted entirely within the primary residential structure
or within a detached accessory building on the same lot as the home;
provided that the maximum area devoted to the home occupation shall
not exceed an area equal to 20% of the finished floor area of the
home.
B.
They shall not require more than four client trips or deliveries
to the home in any eight-hour period.
C.
They shall not require any regular deliveries by semi-trucks.
D.
They shall not involve any equipment or operations which create noise,
vibration, odors, or other nuisance conditions beyond the lot lines
of the home.
E.
They shall not involve any outdoor storage of supplies or equipment.
F.
They shall not involve the storage or use of explosive materials.
G.
They shall not employ any individual who does not live at the home.
H.
They shall not involve any commercial vehicles other than vans or
pickups of less than 21 feet in length.
I.
Signage shall be limited to one sign not more than two square feet
in size, to be mounted flat to the residential dwelling, and nonilluminated.
A.
Commercial wireless communication towers may be considered either
a principal or accessory use, as a Special Land Use only on public
property. This includes mounting onto a publicly or privately owned
tower or publicly elevated storage tank or tower. Collocations are
encouraged with existing wireless communication towers.
B.
Commercial wireless communication towers require a municipal franchise
agreement. Tower lease areas shall be maintained in a neat an orderly
manner and shall be completely fenced. Effective landscaping and screening
shall be used around fenced areas. Wireless communication equipment
shall be stored inside secured shelters and shall use natural materials
and neutral colors for the exterior. Leased areas shall be appropriately
lit.
C.
A privately owned, noncommercial tower may be erected as an accessory
use in any district, provided such tower does not exceed 70 feet in
height in residential districts and 100 feet in nonresidential districts,
and is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive-only antennas.
[1]
Editor's Note: See also Section 17-8D, Commercial wireless
communication towers, of this chapter.
A.
In order to provide protective screening for residential areas adjacent
to or near nonresidential areas, a landscaped buffer shall be provided
by the nonresidential property owners. Such requirement shall be a
strip at least 10 feet in width which is planted and maintained with
evergreens, such as spruce, pines, or firs at least five feet in height,
or a hedge of evergreens at least five feet in height, situated so
as to provide an effective sound and visual permanent buffer. The
portion of the landscaped area not covered by plantings shall be kept
in a healthy growing condition, neat and orderly in appearance.
B.
Any shrubs, bushes or other growing plants which project into or
across adjacent land may be trimmed back to the property line by the
adjacent property owner.
