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.
[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.
[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.
[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.
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.
[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. 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.
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.
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.
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.