For the purposes of this ordinance, the City of New Buffalo
is divided into the following zoning districts:
Floodplain District "FP-1"
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Nature Conservation District "NCD"
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Single Family Residential District "R-1"
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Medium Density Residential District "R-2"
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High Density Residential District "R-3"
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Mobile Home Park District "R-4"
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Central Business District "CBD"
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General Commercial District "GCD"
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Waterfront Marina District "WM"
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General Industrial District "I-1"
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The boundaries of the zoning districts enumerated in Section
4-1 are hereby established as shown on the "Official Zoning Map, City of New Buffalo," which accompanies this text; this map with all notations, references and other information shown thereon is hereby adopted by reference as a part of this ordinance. One copy of the Official Zoning Map shall be maintained and kept up to date by the City Clerk, accessible to the public, and the final authority as to the current zoning status of all property in the City.
If because of the scale, lack of details, or illegibility of
the Official Zoning Map, there is any uncertainty, contradiction,
or conflict regarding the intended location of any district boundaries
shown on the map, interpretation concerning the exact location of
district boundary lines shall be determined, upon written application
by the Board of Zoning Appeals. In arriving at a decision, the Board
shall apply the following standards:
A. The boundaries of zoning districts are intended to follow center
lines of alleys streets other rights-of-way, or lot lines, or to be
parallel or perpendicular thereto, unless the district boundary lines
are otherwise clearly indicated on the Official Zoning Map.
B. Where district boundaries are indicated to approximately follow lot
of record lines, those lines shall be construed to be boundaries.
C. Unless shown by dimension on the Official Zoning Map, where a district
boundary divides a lot of record the location of the boundary shall
be determined by use of the scale shown on the map.
D. Where district boundaries are indicated as approximately following
City limits, they shall be construed as following the City limits.
E. A boundary indicated as following a shoreline shall be construed
as following such shoreline, and in the event of a naturally occurring
change in a shoreline, the boundary shall be construed as following
the actual shoreline. A boundary indicated as following the center
line of a stream, river, canal, lake or other body of water shall
be construed as following such center line.
F. If a district boundary is indicated as being parallel to, or an extension
of a feature described in this section it shall be so construed.
G. Where physical or natural features existing on the ground are at
variance with those shown on the Official Zoning Map or in other circumstances
not covered in this section the Board of Zoning Appeals shall determine
the district boundaries.
If a street, alley or other public right-of-way within the City
is vacated by official governmental action and if the lands within
the boundaries thereof attach to and become part of lands adjoining
the street, alley or public right-of-way, such lands shall automatically
acquire and be subject to the same zoning regulations applicable to
adjoining lands, and shall be governed by this ordinance.
If earthen fill is placed in any lake or stream, the created
land shall automatically and without further governmental action acquire
and be subject to the same zoning regulations applicable for lands
to which the land attaches or is adjacent; and the created land shall
be used for those purposes as are permitted under this ordinance for
the adjoining lands.
When property is annexed into the City, the Planning Commission
shall consider the appropriate district classification and shall propose
an amendment to this ordinance concerning the annexed land to the
City Council within three months of the effective date of the annexation.
In the interim period no new development projects shall be approved,
however expansions to existing facilities may be acted upon.