City of New Buffalo, MI Article 17 Special Land Uses

Section 17-1 Purpose.

The intent of this article is to provide regulations and a more detailed review of uses that in many cases would be compatible with the uses permitted by right in a given district, but which, by reason of the special nature of such uses or their location in relation to neighboring properties, would not always be so. Because of their unique characteristics, it is often necessary to place restrictions or conditions associated with the approval of special land uses to ensure their compatibility with surrounding development.

Section 17-2 Standards for approval.

A. Basic approval standards. Prior to approving a special land use application, the following general standards, in addition to any specific standards required for an individual special use shall be satisfied. The proposed use or activity shall:

1. Be compatible and in accordance with the City of New Buffalo Master Plan.

2. Be designed, constructed, operated, and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

3. Be adequately served by public facilities and services such as streets, police, fire protection, drainage structures, water and sewage facilities recreation facilities, and primary and secondary schools.

4. Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisance.

5. Promote the public interest through provision of a service, facility, or use determined to be non-detrimental to the residents of the City.

6. Be in compliance with all City ordinances, and state and federal statutes, and licensing provisions as applicable.

7. Not create safety concerns for pedestrian or vehicular circulation.

B. Special use subject to site plan review. Properties for which application for a special land use is made shall also be subject to site plan review and approval in accordance with the requirements of Article 19, Site Plan Review.

Section 17-3 Application procedure.

[Amended 9-20-2016 by Ord. No. 217]

A. Applicant. Any person owning or having an interest in the subject property may file a written application for one or more special land use permits as provided for in this ordinance.

B. Application and fee. The following materials shall be submitted to the Zoning Administrator at least 21 days prior to the meeting at which the Planning Commission first considers the special land use application. Sufficient copies of the application, site plan, and other written and graphic instruments shall be provided in accordance with the requirements set forth by the Planning Commission:

1. Payment of the required fee.

2. Copies of a site plan meeting the requirements of Article 19.

3. Completed and signed application form. A notarized, written statement from the property owner indicating his/her permission to submit such application, if the applicant is not the owner.

Section 17-4 Designated review authority and approval procedure.

[Amended 9-20-2016 by Ord. No. 217]

A. Recommendation by Planning Commission. The Planning Commission shall review and make recommendations to the City Council for approval, approval with conditions or denial for all special land uses.

1. Following the submission of the required application materials, the Planning Commission shall hold a public hearing in accordance with the City of New Buffalo Zoning Ordinance and applicable State of Michigan Statutes and provide a written recommendation for final review and approval by City Council.

2. The Planning Commission recommendation to City Council shall include written analysis for findings of fact of each standard for approval under Section 17-2 as well as specific design standards as applicable under Section 17-8.

3. The Planning Commission shall review the application in terms of the standards of Section 17-2, as well as any specific standards required for the special land use as noted under Section 17-8, and shall recommend in writing to the City Council for Council final approval, approval with conditions, or denial of the application.

4. Upon approval of a special land use application and accompanying site plan by City Council, the Zoning Administrator shall issue a special land use permit consistent with the City of New Buffalo Zoning Ordinance, Master Plan, state law and the terms and conditions approved by City Council.

5. In the event the City Council does not agree with the Planning Commission’s recommendation for action by the City Council, the City Council shall include each of the following parts in its action:

a. A finding of fact, listing what the City Council determines to be relevant facts in the case in order to eliminate misleading statements, hearsay, irrelevant and untrue statements.

b. Conclusions to list reasons based on the facts for the City Council’s action, often directly related, or not, to a finding of compliance, or noncompliance, with standards.

c. The City Council’s action, recommendation or position, approval, approval with conditions, or disapproval.

Section 17-5 Conditions of approval and performance guarantee.

A. Conditions. In granting a special land use, the Planning Commission may impose any reasonable additional conditions, limitations, and performance guarantees as in its judgment may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations of Section 17-2 are met.

B. Conditions attached to property. Approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

C. Record of conditions. A record of conditions imposed shall be maintained by the City. The conditions shall remain unchanged unless an amendment to the special land use is approved.

D. Record shall be contained in planning commission minutes. A record of the decision of the Planning Commission, the reasons for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the Planning Commission.

Section 17-6 Validity of special use permit approval.

[Amended 9-20-2016 by Ord. No. 217]

A. Termination of special land use for failure to commence construction or secure extension. In cases where actual physical construction of a substantial nature of the structures authorized by a special land use permit has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided in Section 17-6B below, the permit shall automatically become null and void and all rights thereunder shall terminate.

B. In the event that construction is not necessary to establish an approved special use, said use must be an established active use within one year from the date of approval or such approval shall become null and void.

C. Extension. Upon written application filed with the City Clerk of the City of New Buffalo prior to the termination of the one-year period, the Planning Commission may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the extension period.

Section 17-7 Amendments to approved special land use permits.

Amendments to approved special land use permits or modification of any condition attached to such approval shall require submittal of a new application which shall be subject to all the requirements of Article 17.

Section 17-8 Specific design standards for individual uses.

[Amended 6-17-2019 by Ord. No. 238]

The following special land uses shall be subject to the requirements of the district in which located, in addition to all the applicable conditions, standards, and regulations as are cited in this section. The following uses have such conditions, standards, or regulations:

A. Adult uses.[1]

1. The lot or parcel on which the use is located shall not be closer than 1,000 feet to any residential use or zoning district, school, church, or park, measured from lot line to lot line.

2. The use is not located within a one-thousand-foot radius of two other such uses, measured from lot line to lot line.

3. Parking shall be provided at a ratio of one space per person allowed by the maximum occupancy load established by local, county, state, fire, health, or building codes, whichever is greater.

4. No adult use shall remain open at any time between the hours of 11:00 p.m. and 10:00 a.m. and no such use shall be open on Sundays.

5. No alcohol shall be served at any adult use.

6. No adult use shall permit any person under the age of 18 years to enter the premises. Signs shall be conspicuously posted that such minors are not allowed.

7. All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one hour after closing each night.

[1] Editor's Note: See also Ch. 9, Licenses Generally, Art. V, Sexually Oriented Businesses.

B. Bed-and-breakfast establishments.

1. The establishment shall be located on property with direct access to a public street.

2. A residence must contain a minimum of 2,400 square feet of living space to qualify for conversion to a bed-and-breakfast.

3. Such uses shall only be established in a single-family detached dwelling.

4. Parking shall be located to minimize negative impacts on adjacent properties.

5. The number of guest rooms in the establishment shall not exceed three, plus one additional guest room for each 3,000 square feet or fraction thereof by which the lot area of the use exceeds 12,600 square feet, not to exceed six guest rooms in any case.

6. Exterior refuse storage facilities beyond what might normally be expected for a single-family detached dwelling shall be prohibited.

7. The establishment shall contain the principal residence of the operator.

8. Accessory retail or service uses to a bed-and-breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and so forth.

9. Meals shall be served only to the operator's family, employees, and overnight guests.

10. The maximum stay for any occupant, excluding the owner, shall not exceed 30 days in any twelve-month period. A guest register shall be maintained by the proprietors and shall be made available to the City for inspection upon request.

11. No exterior evidence that the facility is a bed-and-breakfast shall be permitted, other than one nonilluminated sign attached flat against the building or placed in the front yard, not to exceed six square feet and no higher than six feet above the ground, if freestanding.

12. Off-street parking shall be provided at a minimum ratio of two spaces, plus one for each permitted guest room. No parking shall be permitted in the front yard and no parking area shall be lighted, except for a residential porch light.

C. Carports.

1. For purposes of this ordinance, a "carport" is a permanent roofed accessory structure open on at least two sides, designed for vehicle parking.

2. A carport shall shelter not more than three vehicles and shall not exceed 24 feet on its longest dimension.

3. A carport shall not exceed one story in height.

4. Carports shall be used for motor vehicle parking only. It is unlawful to store a boat or other watercraft under a carport.

5. Carports must be constructed out of durable materials, match the architecture of the primary structure, and be built on a permanent foundation.

6. Carports must meet all setback and other applicable requirements of the relevant zoning districts.

7. Carports are permitted in the rear and side yards only and shall not be constructed or installed in a front yard.

D. Churches.

1. The purpose of these requirements is to integrate churches into the fabric of the City's neighborhoods, but not at the expense of the residential character of those areas. Therefore, the scale of the church, parking lots, and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood.

2. The minimum lot area shall be one acre.

3. The minimum lot width shall be 150 feet.

4. At least one property line shall abut and have access to a major street.

5. To the extent possible, shared parking arrangements should be employed with other uses in the vicinity to minimize the number of spaces provided on the church property.

E. Commercial wireless communication towers.[2]

1. The lot size shall be a minimum of 20,000 square feet.

2. The tower shall be of a monopole design.

3. The tower shall be set back from all lot lines a minimum distance equal to 1/2 the height of the tower. All other buildings and structures shall meet the minimum setback requirements of the zoning district.

4. A security fence at least six feet in height shall be constructed around the tower and supports.

5. Where possible, joint use of tower facilities, including City elevated storage tanks, shall be required in order to minimize the number of separate towers and individual locations throughout the City. As a condition of approval, the applicant shall agree to permit future users to share the tower facility and shall demonstrate that it is not feasible to locate the proposed tower on public lands or co-locate on an existing tower.

6. Unless located on the same site or tower with another user, no new tower shall be erected within a one-half-mile radius of an existing radio, television, cellular, or wireless communications tower.

7. No signs, except warning or other cautionary signs, shall be permitted on the site.

[2] Editor's Note: See also Sec. 30-327, Wireless Communication towers, of this chapter.

F. Construction-related contractor's offices with outdoor storage.

1. All outdoor storage shall be located in the rear yard only and shall be fenced with a six-foot-high chain link fence or screen wall.

2. All outdoor storage yards shall be paved or provided with a durable, dustless surface approved by the Planning Commission.

3. Screening of outdoor storage yards shall be provided along all property lines in accordance with the requirements of Section 3-28.

4. Outdoor storage yards shall only be permitted in conjunction with a principal use on the property.

5. No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground.

G. Establishments which contain drive-through facilities associated with the permitted principal use (including, but not limited to, banks, pharmacies, and restaurants).

1. Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 10 stacking spaces for the service ordering station at restaurants shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property or parking spaces by vehicles not using the drive-through portion of the facility.

2. Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of 10 feet.

3. Access driveways shall be located no less than 100 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.

4. Speakers shall be oriented away from adjoining residential areas to minimize the potential nuisance effects of sound transmission.

H. Educational institutions.

1. Minimum lot width of 200 feet abutting upon a paved public street.

2. Athletic fields shall not be located closer than 100 feet to any property line abutting a residential district.

3. Outdoor lighting shall be oriented away and shielded from surrounding residential zoning districts.

4. Suitable screening shall be provided if, in the opinion of the Planning Commission, such screening is needed to minimize noise, visual, or other impacts upon surrounding residential districts.

I. Gasoline sales.

1. Minimum lot area shall be 1/2 acre and minimum lot width shall be 150 feet.

2. Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.

3. All equipment and activities associated with vehicle service operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.

4. Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

5. If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use adjacent to the building.

6. Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five feet is maintained, and further provided that the fascia of such canopy is a minimum of 10 feet above the average grade.

7. Access driveways shall be located no less than 100 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.

8. Where adjoining residentially zoned, a solid wall or fence, six feet in height, shall be erected along any common lot line. Such fence or wall shall be constructed of materials approved by the Planning Commission and continuously maintained in good condition.

J. Junk and salvage yards.

1. Requests for a special land use approval for establishment of a salvage or junkyard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws.

2. The site shall abut and have suitable access to a major street to ensure safe, direct transport of salvage to and from the site.

3. No portion of the storage area shall be located within 1,000 feet of any residential district.

4. Any outdoor storage area shall be completely enclosed by a fence or wall at least six feet in height constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two non-transparent gates not exceeding 48 feet in width providing access to the storage area for vehicles but shall not allow direct view of the storage area from adjacent properties or streets. Said fence or wall shall be continuously maintained in good condition and shall contain only approved signs.

5. Stored materials shall not be stacked higher than 10 feet and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall.

6. The fence or wall enclosing the storage area shall meet the applicable building setback requirements.

7. A management office shall be provided on site. A residence may be permitted for security personnel or on-site operator.

8. Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety.

9. All portions of the storage area shall be accessible to emergency vehicles.

10. Vehicles or vehicle bodies shall be stored in rows with a minimum of twenty-foot-wide continuous loop drives separating each row of vehicles.

11. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

12. Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

13. The property shall be a minimum size of at least six acres.

14. All fences shall be set back a minimum of 300 feet from any residential district.

15. In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours.

16. The Planning Commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the City of New Buffalo. These conditions can include a provision for an annual inspection by the Zoning Administrator to ensure continuing compliance with the above standards.

K. Open-air business.

1. The lot area used for parking, display, or storage shall be paved or surfaced with a durable, dustless surface approved by the Planning Commission and shall be graded and drained so as to dispose of all surface water.

2. Access driveways shall be located no less than 100 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.

3. Lighting for parking and outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use property line.

4. Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.

L. Residential dwellings on upper floors in CBD District.

1. No commercial uses, including storage, shall be located on the same floor of the building as the dwelling unit.

2. Two on-site parking spaces shall be required for each dwelling unit.

3. Access to dwelling units shall be from outside of the building.

4. No dwelling unit shall be located on the ground floor of the building.