As used in this chapter, the following terms shall have the
meanings indicated:
Having a common border with. In the diagram below, each parcel
abuts the parcels on either side of it, but not the parcels immediately
across a public right-of-way.
A building or structure, that is clearly incidental to, customarily
found in connection with, subordinate to, and is located on the same
zoning lot as the principal building and/or structure to which it
is exclusively related.
A use that is clearly incidental to, customarily found in
connection with, subordinate to, and is located on the same zoning
lot as the principal use to which it is exclusively related.
A facility defined as an "adult foster care facility" by
the Adult Foster Care Facility Licensing Act, Michigan Public Act
218 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 licensed 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 under the
Adult Foster Care Licensing Act of the State of Michigan 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.
A private residence with the approved capacity under the
Adult Foster Care Licensing Act of the State of Michigan to receive
more than six 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 group home licensee shall be a member of the household, and an
occupant of the residence.
An agricultural tourism use designed to provide an assembly
space for small-scale entertainment, weddings, birthday parties, corporate
picnics, and other similar events on property that is actively engaged
in agricultural processes.
This term encompasses the AGR District.
A use that involves the visiting of an agribusiness, horticultural,
or agricultural operation, including but not limited to, a farm, orchard,
winery, greenhouse, hunting preserve, a companion animal or livestock
show, for the purpose of recreation, education, or active involvement
in the operation, other than as a contractor or employee of the operation.
Also referred to as "ag-tourism" or "agritourism."
The employment of land for the primary purpose of obtaining
a profit in money by raising, harvesting, and selling crops, or feeding
(including grazing), breeding, managing, selling, or producing livestock.
An animal slaughterhouse or slaughter operation, meat processing
plant, farm implement sales, farm implement reconditioning, fertilizer
sales, seed cleaning and distribution, custom crop application, and
wood chip processing and distribution operations.
Any dedicated public way affording a secondary means of access
to an abutting property, and not intended for general traffic circulation.
Any change, addition, or modification in construction to
a structure or type of occupancy, or in the structural members of
a building, such as walls or partitions, columns, beams or girders,
the completed act of which may be referred to herein as "altered"
or "reconstructed."
Any change to the districts of the Zoning Map (rezoning)
or text of this chapter, Master Plan, subarea plan, or similar adopted
plans or development approval.
A dwelling unit that only occupies a portion of the building
within which it is located and is occupied by a renter or tenant.
An appeal to the Zoning Board of Appeals or designated body
where it is alleged that there is an error in any order, requirement,
decision, or determination made by an administrative official or body
in the enforcement of this chapter.
Any board, commission, or administrative official tasked
with rendering a final decision on an application.
The components of construction, either permanent or temporary,
that are an integrated part of a structure or attached to a structure
and constitute a portion of the exterior design, including, but not
limited to: arches, transoms, windows, moldings, columns, capitals,
dentils, lintels, parapets, pilasters, sills, cornices, cupolas, awnings,
and canopies.
A structure providing housing and limited services such as
nursing, recreation, and meals to individuals who are partially able
to provide services to themselves.
A building which has at least part of a wall in common with
another building, or which is connected to another building by a roof
or breezeway.
The area located between the ceiling of the highest habitable
floor and the roof of the structure.
Every vehicle that is self-propelled.
General repair, rebuilding, or reconditioning of engines,
motor vehicles, or trailers; collision service, including body frame
or fender straightening or repair; overall painting or paint shop;
vehicle steam cleaning and oil change. "Automotive repair" also includes
an establishment that provides for the removal and temporary storage
(less than seven days) of vehicles, but does not include the disposal,
permanent disassembly, or salvage, or the accessory storage of motor
and/or recreational vehicles.
Any place where motor vehicle fuel is sold and dispensed
as either a principal or incidental activity or where car-washing
services are sold. Where the sale and dispensing of vehicle fuel is
the principal activity, accessory activities may include the retail
sale of lubricants, tires, batteries, motor vehicle accessories and
supplies, including minor installation services or repairs customarily
incidental thereto, and sale of convenience goods, food and beverages.
A place of business selling alcoholic beverages for consumption
on the premises, and where the sale of food may be incidental to the
sale of such beverages. This includes any establishment in receipt
of a valid alcoholic license from the state.
That portion of a building below the first- or ground-floor
level and having less than four feet of clearance from its ceiling
to the average finished grade of the building perimeter. A basement
shall not be considered a story for the purposes of determining building
height. A basement shall not be counted as a story. This definition
shall include a cellar that may be below grade with an entrance separate
from the principal building.
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 room designed or used in whole or part for sleeping purposes
and has a closet and window.
An earthen mound designed to provide visual interest on a
site, screen undesirable views, and/or reduce noise.
A person as defined and licensed by the Michigan Liquor Control
Code.[1]
A facility or facilities owned or controlled by a licensed
brewer.
A structure enclosed within exterior walls, built, erected
and framed of a combination of materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals,
or property.
The code or codes governing the erection and maintenance
of buildings or structures as currently adopted by New Buffalo Township.
The vertical distance measured from the average grade to
the highest point of the building. Height shall be measured from the
average grade to the highest point of the roof surface or parapet
wall that extends above the roof, whichever is higher.
The vertical distance measured as the number of individual
floors in a building that can be occupied. Stories does not include
basements or attics as defined in this chapter, permitted rooftop
patios, or architectural features such as cupolas, steeples, etc.
A line parallel to the street line formed by the face of
the building or touching that part of a building closest to the street.
For the purposes of this chapter, a minimum building line is the same
as the front setback.
This term shall be used in connection with manufactured homes
the area within the site unit by itself (i.e., exclusive of any appurtenant
limited common element) dedicated exclusively for the use of the unit,
including the area under the building envelope, the area around and
contiguous to the building envelope, and any limited common element
dedicated solely to the one unit.
Retail sales or rental of building supplies or equipment.
This classification includes lumberyards, tool and equipment sales
or rental establishments, and includes establishments devoted principally
to taxable retail sales to individuals for their own use.
Any premises for the transient housing or parking of motor-driven
busies or trains and the loading and unloading of passengers.
A commercial establishment, office, institutional, or industrial
use which produces and/or distributes goods and/or services.
A use that performs services on the premises, such as office
machine repair, printing, and copy.
As defined by Michigan's Public Health Code, 1978, P.A. 368.[2] "Campground" means a parcel or tract of land under the
control of a person in which sites are offered for the use of the
public or members of an organization, either free of charge or for
a fee, for the establishment of temporary living quarters for 5 or
more recreational units. Campground does not include a seasonal mobile
home park licensed under the Mobile Home Commission Act, Michigan
Public Act 96 of 1987, MCLA §§ 125.2301 to 125.2349.
Property, including crematories, mausoleums, and/or columbariums,
used or intended to be used solely for the perpetual internment of
deceased human beings or household pets.
A facility, other than a private residence, licensed by the
State of Michigan, in which one or more preschool or school-age children
are given care and supervision for periods of less than 24 hours per
day, and where a parent or legal guardian is not immediately available
to the child. Child-care center is limited to a facility which provides
care for two or more consecutive weeks, regardless of the number of
hours of care per day.
A private home in which at least which one but less than
seven minor children are given care and supervision for periods of
less than 24 hours per day, unattended by a parent or legal guardian,
except children related to an adult member of the family by blood,
marriage, or adoption. Family day-care home includes a home that gives
care to an unrelated minor child for more than any four weeks during
any calendar year. Family day-care homes must meet the standards set
forth by the State of Michigan.
A private home in which more than six but not more than 12
minor children are given care and supervision for periods of less
than 24 hours per day, unattended by a parent or legal guardian, except
children related to an adult member of the family by blood, marriage,
or adoption. Group day-care home includes a home that gives care to
unrelated minor children for more than any four weeks during any calendar
year.
See "religious institution."
To place or install wireless communications equipment on
an existing wireless communications support structure or in an existing
equipment compound.
A commercial business engaged in the process of altering
the natural elevation or bathymetry of a landscape, removing earth
from a bed of a stream, lake, or vegetated shallows, or any activity
in which soil or rock is cut, dug, quarried, uncovered, removed, displaced,
or relocated.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests and
is not a rooming or boarding house.
Schools operated privately and for-profit including, but
not limited to, dance, music, trade, martial arts schools.
A tower, pole, or similar structure that supports a telecommunications
antenna operated for commercial purpose above ground in a fixed location,
freestanding, guyed, or on a building or other structures.
A condominium is a system of separate ownership of individual
units in multi-unit projects according to Michigan Public Act 59 of
1978, as amended.[3] In addition to the interest acquired in a particular unit,
each unit owner is also a tenant in common in the underlying fee interest
and in the spaces and building parts used in common by all the unit
owners. For the purposes of this chapter, condominium terms shall
be defined as follows:
CONDOMINIUM ACTMichigan Public Act 59 of 1978, as amended.
CONDOMINIUM LOTThat portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in the Schedule of Dimensional Requirements of this chapter.
CONDOMINIUM SUBDIVISION PLANDrawings and information that show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Condominium Act, as amended.
CONDOMINIUM MASTER DEEDThe condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan.
A site on which is stored equipment, tools, vehicles, building
materials, and other appurtenances used in or associated with building
or construction trades. A contractor's yard may include outdoor or
indoor storage, or a combination of both.
A non-right-of-way connection for automobiles between two
or more separately owned or leased commercial nonresidential uses,
usually controlled by an easement among the benefitted and burdened
properties or some other similar license or agreement.
A platform that is typically attached to a house and used
for outdoor leisure activities.
The number of dwelling units allowed per acre of land.
The number of units per acre of total land being developed.
The number of units per acre of land devoted to residential
use.
A building which does not have at least part of a wall in
common with another building, or which is not connected to another
building by a roof or breezeway.
The construction of a new building reconstruction of an existing
building, or improvement of a structure on a parcel or lot, the relocation
of an existing building to another lot, or the improvement of open
land for a new use.
A person as defined and licensed by the Michigan Liquor Control
Code.[4]
A facility or facilities owned or controlled by a licensed
distiller.
A structure used for the collection of unwanted goods and
items deposited without reimbursement and without an attendant present.
Donation bins do not include recycling dropoff bins.
A business in which all or part of the business consists
of providing goods and services from a drive-through window to patrons
in motor vehicles.
A passageway of definite width designed primarily for use
by motor vehicles over private property, leading from a street or
other public way to a garage or parking area. A horseshoe-shaped drive
or a T-shaped drive located within a front yard is included within
this definition.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on
the premises.
A room or rooms connected together, constituting a separated,
independent housekeeping establishment for an individual or one-household
occupancy, physically detached from any other rooms or dwelling units
and containing independent cooking, bathroom, and sleeping facilities.
In no case shall a motor home, trailer, automobile chassis, tent,
or portable building be used as a dwelling. In the case of mixed occupancy,
the part of a building occupied as a dwelling shall be deemed the
dwelling unit and shall comply with all applicable provisions of this
chapter for dwellings.
A residential unit above the first floor of a business, office,
or institutional building.
Any dwelling without a full floor above grade level shall
be considered a basement dwelling.
A building, or a portion thereof, designed exclusively for
occupancy by three or more families living independently of each.
A building designed for and occupied exclusively by one family.
A building containing three or more dwelling units where
each dwelling unit is divided by a party wall extending the full height
of the building with no visible separation between walls or roof,
and where dwelling units have a horizontal separation but not a vertical
separation. Each townhouse dwelling is capable of individual use and
maintenance without trespassing on adjoining in dwellings and access,
and utilities and service facilities are independent for each dwelling.
Each dwelling unit has a first-floor entrance into the unit directly
from the exterior of the building.
A building designed exclusively for occupancy by two families
living independently of each other.
An area surrounding or adjacent to the base of a wireless
communications support structure and within which wireless communications
equipment is located.
Built, constructed, altered, reconstructed, moved upon, or
any physical operations on the premises that are required for construction,
excavation, drainage, and the like, shall be considered a part of
erection.
An artificially constructed barrier of wood, wire, metal,
or any other material or combination of materials, used to prevent
or control entrance, confine within, mark a boundary, or constitute
an obstruction to human passage regardless of the component material.
Any trust company, savings bank, industrial bank, savings
and loan association, building and loan association, commercial bank,
credit union, federal association, investment company, or other business
association, which is chartered under federal or state law, solicits,
receives, or accepts money or its equivalent on deposit and loans
money as a regular business.
That area of land adjoining a natural watercourse within
the Township that is subject to either periodic flooding as established
by the profiles in the most current report of a flood insurance study
by the Federal Emergency Management Agency (FEMA) as flood hazard
areas (i.e., lands within the 100-year flood boundary). A floodplain
shall not necessarily include a drainage district established by the
county or Township.
FLOOD HAZARD AREAThe area of very slow-moving water or slack water outside of the floodway during times of flood.
FLOODWAYThe channel of a river or stream and area adjacent to the channel that will carry moving water during times of flood. This is a high-hazard portion of the floodplain with rapidly moving water during times of flood.
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage and summing the total square footage.
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. Floor area which is used or intended to be used principally
for the storage or processing of merchandise, for hallways, or for
utilities or sanitary facilities shall be excluded from the computation
of "usable floor area." Measurement of usable floor area shall be
the sum of the horizontal areas of the several floors of the building
measured from the interior faces of the exterior walls.
A kitchen within a licensed and operable motor vehicle or
trailer whose method of operation is temporary and may be transient
or in a static location and involves the preparation and sale of food
and/or nonalcoholic beverages in a ready-to-consume state for consumption
either on or off the premises, but not within the motor vehicle and/or
trailer.
The continuous linear distance of that portion of a parcel
abutting upon a public street right-of-way or private street easement.
A building or part thereof used for human funeral services.
A tract of land improved with a principal building, tees,
greens, fairways, and hazards designed for the game of golf. Also
includes related accessory buildings.
The elevation at any point on the ground surface of a lot.
The average finished ground elevation at all walls of a building
established for the purpose of regulating the number of stories and
the height of buildings. The building grade shall be the average of
the level of the ground at the wall. If the ground is not entirely
level, the grade shall be determined by averaging the elevation of
the ground for each face of the building.
The completed surfaces of lawns, walks, and roads, brought
to grades as shown on plans or designs related hereto.
A space, building or structure, or combination thereof, for
the storage of live trees, shrubs or plants offered for retail sale
on the premises including products used for gardening or landscaping.
The definition of nursery within the meaning of this chapter does
not include any space, building or structure used for the sale of
fruits, vegetables or Christmas trees.
One or more rooms intended for overnight occupancy (or longer)
by individuals other than a member of the family that occupies the
primary residence.
All highly flammable materials or products that may react
to, cause, or are explosion hazard; or that because of their toxicity,
flammability, or liability for explosion render firefighting abnormally
dangerous or difficult. This also includes flammable liquids or gases
that are chemically unstable and that may spontaneously form explosive
compounds or undergo spontaneous reactions of explosive violence or
with sufficient evolution of heat to be a re hazard. Hazardous materials
and chemicals shall include flammable solids, corrosive liquids, radioactive
materials, oxidizing materials, potentially explosive chemicals, highly
toxic materials, and poisonous gases that have a degree of hazard
rating in the health, flammability or reactivity of 3 or 4 as ranked
by NFPA 704 and as adopted by the Township and/or all items that are
regulated as hazardous materials under Michigan Public Act 451 of
1994, as amended (MCLA § 324.1101 et seq).
The vertical distance measured from the average grade to
the highest point of a structure. In the case of a building, height
shall be measured from the average grade to the highest point of the
roof surface or parapet wall that extends above the roof, whichever
is higher.
An occupation or profession carried on by the occupant of
a dwelling unit which is conducted within a dwelling or accessory
building and which is clearly incidental and secondary to the use
of the lot and dwelling for residential purposes.
A residential facility that provides room, board and supervised
care to unrelated, non-transient individuals 60 years of age or older
or couples where either the husband or wife is 60 years of age or
older. Such facility shall be licensed as a "home for the aged" by
the State of Michigan under Article 17 of the Public Health Code,
Michigan Public Act 368 of 1978 (MCLA § 333.20101 et seq.),
as amended. This does not include a development that contains convalescent
or nursing home as licensed under Michigan Public Act 139 of 1956,
as amended, being Sections 331.651 to 331.660 of the Compiled Laws
of 1948;[5] or a mental hospital for mental patients licensed under
Sections 51 and 52 of Michigan Public Act 151 of 1923, as amended,
being Sections 330.61 and 330.62 of the Compiled Laws of 1948.[6]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any material which prevents or impedes infiltration or absorption
of stormwater directly into the ground at the rate of absorption of
vegetation-bearing soils, including building, asphalt, concrete, gravel,
and other surfaces.
An establishment which provides indoor exercise facilities
and/or indoor court and field sports facilities, and which may include
spectator seating in conjunction with the sports facilities such as
skating rinks, swimming pools, indoor golf facilities, pool or billiard
halls and bowling alleys. Auditoriums and stadiums are not included.
This term encompasses the I District.
A driveway that allows vehicles to enter or leave a parcel
of property, or to a sidewalk that allows pedestrians to enter or
leave a parcel of property, a building, or another location.
Any premises, except where accessory to an agricultural use,
where three or more domestic animals, such as dogs and cats, are boarded,
trained, bred or sold.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture of sale of products, except
as incidental to the main purpose of the laboratory.
A permanent body of open water over two acres in size, regardless
of "public" or "private" status under State of Michigan law.
Michigan Public Act 288 of the Public Acts of 1967, as amended.[7]
The same as a zoning permit, per the Michigan Zoning Enabling
Act.[8]
Any area of land or water designated, set aside, used, or
intended for use, for the landing and takeoff of aircraft, and any
appurtenant areas designated, set aside, used, or intended for use
for approach zones, together with all airport buildings and facilities
located thereon, provided such facilities are privately owned and
not operated for profit.
An enterprise dedicated to the creation of structures, vegetation,
trees, and paths on properties outside the main building of the client
property. Its own business property[9] on-site activity includes the storage of equipment and
materials used in the business as well as the growing of plants and
trees used in the business. It may or may not have a building on the
business property.
The act of processing, assembling, fabricating, treating
and packaging of raw or unfinished materials into a more complete
or finished product, and incidental storage sales and distribution
of such products, which may be perceived to have a relatively limited
to moderate potential for adverse effect on surrounding properties
and the environment, including noise, vibration, pollution, odor,
and aesthetics.
The bulb or other element in an outdoor light fixture which
emits light.
An off-street space on the same lot with a building, or group
of buildings, for the temporary parking of a vehicle while loading
and unloading merchandise or materials.
A piece of land under single ownership or control that is
sufficient in size to meet the minimum requirements for use, coverage,
area, setbacks, access, and open space as required herein. Single
ownership may include ownership by an individual, a corporation, a
partnership, an incorporated association, joint tenancy, or any similar
entity. A lot shall have frontage on a dedicated road or, if permitted
by the regulations set forth herein, on an approved private road.
A lot may consist of any of the following:
The percent of the lot covered by buildings and accessory
structures.
The horizontal distance between the front street line and
rear lot line, measured along the median between the side lot lines.
The lines bounding a lot as defined herein:
FRONT LOT LINEIn the case of an interior lot, is that line separating said lot from the public or private right-of-way. In the case of a corner lot or double-frontage lot, is that line separating said lot from the road that is designated as the front on the plat, or that is designated as the front of the site plan review application or request for a building permit, subject to approval by the Planning Commission or Zoning Administrator. On a flag lot, the front lot line shall be the interior lot line parallel to and nearest the street from which access is obtained.
REAR LOT LINEThat lot line opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped or a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line and wholly within the lot. In cases in which the rear lot line definition cannot be easily applied, the Zoning Administrator shall designate the rear lot line.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots in an interior side lot line. In cases in which the side lot line definition cannot be easily applied, the Zoning Administrator shall designate the side lot line(s).
A parcel of land, the dimensions of which are shown on a
plat, document or other formal map on file with the County Register
of Deeds or in common use by the Township or county officials, and
which actually exists as so shown, or a lot or parcel described by
metes and bounds, and accuracy of which is attested to by a land surveyor
(registered and licensed in the State of Michigan) and likewise so
recorded with the County Register of Deeds. A lot of record may also
be identified to or tax parcel identification number.
The horizontal straight line distance between the side lot
lines, measured between the two points where the required front setback
line intersects the side lot lines.
A lot abutting on and at the intersection of two or more
streets, with two front yards and two side yards. For the purposes
of this definition, the "street" lot line shall be the line separating
the lot from the street or road right-of-way.
Any lot other than a corner lot with only one lot line fronting
a street.
Any lot that, when created, did not meet the zoning standards
in force at the time of its creation. If there was no Zoning Ordinance
when the lot was created, then it is a buildable, nonconforming lot
of record. Two lots with common ownership and continuous frontage
that, when combined, did not meet the zoning standards, also constitute
an unbuildable lot.
A lot having a property line abutting a water body.
Lots adjoining or abutting each other. Lots separated by
a right-of-way, road easement or natural or man-made barrier shall
not be considered contiguous.
LID includes a variety of practices that mimic or preserve
natural drainage processes to manage stormwater. LID practices typically
retain rainwater and encourage it to soak into the ground rather than
allowing it to run off into ditches and storm drains where it would
otherwise contribute to flooding and pollution problems. Examples
include but are not limited to rain gardens, rooftop gardens, vegetated
swales, cisterns, permeable pavers, porous pavement, and altered stormwater
structures.
A building in which is conducted the principal use of the
lot upon which it is situated.
A building in which the manufacture of corrosive acid or
alkali, cement, asphalt, lime, gypsum, or plaster of Paris is a primary
activity.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling or component
parts, the creation of products, and the blending of materials, such
as lubricating oils, plastics, resins, or liquors.
A transportable, factory-built home with an attached undercarriage
frame, designed to be used as a year-round residential dwelling.
A parcel or tract of land under the control of a person up
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 which is not intended for use as a campground or temporary
trailer park.
Marihuana establishments authorized under the Michigan Regulation
and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCLA § 333.27951
et seq., subject to requirements in this Zoning Ordinance.
A commercial facility that extends into or over a lake or
stream for the mooring, berthing, storing, sales, repair, or securing
of watercraft. A marina may include fuel sales for watercraft.
The Master Plan currently adopted by New Buffalo Township,
including graphic and written proposals, indicating the general location
for streets, parks, schools, public facilities, and all physical development
of the Township, and any unit or part of such plan and any amendment
to such plan.
Medical marihuana facilities authorized under the Michigan
Medical Marihuana Facilities Licensing Act, 2016 P.A. 281, MCLA § 333.27101
et seq., subject to requirements in this Zoning Ordinance.
Michigan Public Act 110 of 2006 (MCLA § 125.3101
et seq.), as amended.
A real estate project with planned integration of some combination
of retail, office, residential, hotel, recreation, or other functions.
It shall be pedestrian-oriented and contain elements of a work-live-play
environment that maximizes space usage, has amenities and architectural
expression, and mitigates traffic and sprawl.
This term encompasses the C-1 and C-2 Districts.
Buildings owned and operated by the Township of New Buffalo
or another municipality.
Natural features shall include soils, wetlands, floodplain,
water bodies and channels, topography, trees and other types of vegetative
cover, and geologic formations.
A lot that fails to meet the requirements for area, height,
yards, buffer, or other bulk standards and regulations, generally
applicable in the district because of a change in the applicable zoning
district regulations, annexation, condemnation of a portion of the
lot, or other governmental action.
A structure that was lawfully erected but that no longer
complies with all the regulations applicable to the zoning district
in which the structure is located.
A use that was lawfully established but that no longer complies
with the use regulations applicable to the zoning district in which
the property is located.
A daytime facility which has as its main objective a development
program for pre-kindergarten children and whose whole staff meets
the educational requirements established by the state.
A nursing care facility licensed as a "nursing home" by the
State Department of Public Health under Article 17 of the Public Health
Code, Michigan Public Act 368 of 1978 (MCLA § 333.2010 et
seq.), as amended. A "nursing home" as defined by this section shall
include extended care facility and convalescent home.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A structure of definite height and location to serve as an
opaque screen in carrying out the requirements of this chapter.
Used in any manner. Includes the meaning of intent, design,
or arranged for occupancy.
A facility providing parking spaces, along with adequate
drives, maneuvering areas, and aisles, for the parking of more than
three vehicles on any lot other than a single-family lot.
That part of a parcel, including courts and/or yards, that
is open and unobstructed from its lowest level to the sky, and is
accessible to all residents upon the zoning lot.
A permanent, seasonal, or temporary retail sales establishment
operated substantially in the open air, including but not limited
to:
Retail sales of trees, fruits, vegetables, shrubbery, plants,
seeds, topsoil, humus, fertilizer, trellises, lawn furniture, artisan
products, playground equipment, and other home garden supplies and
equipment but not including lumber yards.
Bicycle utility truck or trailer, motor vehicle, boats, or home
equipment sales, repair, or rental services.
Outdoor display area and sale of garages, motor homes, recreation
vehicles, manufactured homes, snowmobiles, swimming pools and similar
activities, but not including farm implements or commercial construction
equipment.
New Buffalo Township Zoning Ordinance, as amended.
A line between upland and bottomland, which persists through
successive changes in water levels, below which the present action
of the water is so common or recurrent that the character of the land
is marked distinctly from the upland and is apparent in the soil itself,
the configuration of the surface of the soil and the vegetation. The
ordinary high-water mark is established by the Michigan Department
of Environment and Great Lakes (EGLE).
Predominantly uses conducted in open or partially enclosed
or screened facilities. Typically uses include driving ranges, miniature
golf, swimming pools, tennis courts, outdoor racquetball courts, motorized
cart and motorcycle tracks and motorized model airplane flying facilities.
A tract of land which has been legally described and is capable
of being located by survey.
An area of definite length and width. Said area shall be
exclusive of drives, aisles or entrances giving access thereto, and
shall be fully accessible for the storage or parking of permitted
vehicles.
A financial guarantee to ensure that specific improvements,
facilities, construction or activities required or authorized by this
chapter will be completed in compliance with the chapter, regulations,
and/or approved plans and specifications of the development.
A permitted use is a use that may be lawfully established
in a particular district or districts provided it conforms with all
requirements, regulations, and standards of such district and this
chapter.
An individual, trustee, executor, fiduciary, corporation,
firm, partnership, association, organization, or other legal entity
acting as a unit.
A use that performs services on the premises, such as barber
and beauty shops, watch, radio, television, clothing, and shoe repair
shops; tailor; photographic studios; locksmiths; and similar establishments
requiring some minor retail activity.
A development of land that is under unified control and is
planned and developed as a whole in a single development operation
or programmed series of development stages permitted as a separate,
newly created zoning district by the Planning Commission. The development
may include streets, circulation ways, utilities, buildings, open
spaces, and other site features and improvements.
The Planning Commission of the Township of New Buffalo, Berrien
County, Michigan, as designated in the Michigan Planning Enabling
Act, Michigan Public Act 33 of 2008.[10]
A plan that is prepared according to requirements stated
in this chapter, containing required information required for a plot
plan. A plot plan is less detailed than a formal site plan. A plot
plan is generally used for discussion or conceptual purposes in advance
of a formal site plan submission. A plot plan does not substitute
for a formal site plan.
The main use to which the premises are devoted.
An organization of persons for charitable, fraternal or social
purposes or for the promulgation of agriculture, sports, arts, science,
literature, politics, or the like, but not operated to espouse beliefs
or further activity that is not in conformance with the Constitution
of the United States or any law or ordinances.
Any roadway or drive which is not a dedicated public road
right-of-way, and which provides the primary means of ingress/egress
to two or more lots or dwelling units, whether created by private
road right-of-way, agreement, license, lease, joint ownership, easement
or prescription. Any and all extensions to a private street shall
be considered part of the primary private street to which the extension
is attached. The term "private street" shall also include a path,
drive, trail or road which is privately built and maintained. The
term "street" shall be synonymous with the terms road, avenue, place,
way, drive, lane, boulevard, highway or other thoroughfare.
A use that performs services on the premises such as doctors,
dentists, brokers, accountants, and real estate offices.
The line separating a piece of property from the street right-of-way
and the lines separating a parcel of property from the parcels next
to it. See also "lot line."
An individual, firm, association, organization, partnership,
trust, company, corporation, or any other legal entity who owns or
holds title to real property.
The area surrounding the trunk of a tree established with
a radius of 1.5 feet for every one-inch caliper of trunk where grading,
cutting, storing or materials, or moving of machinery may occur.
A public dedicated right-of-way other than an alley, which
affords the principal means of access to property abutting the street.
The term "street" shall be synonymous with the terms "road," "avenue,"
"place," "way," "drive," "lane," "boulevard," "highway" or other thoroughfare.
A person, firm, or corporation, municipal department, board
or commission duly authorized to furnish and furnishing under federal,
state or municipal regulations to the public: gas, steam, electricity,
sewage service or treatment, communication services, cable television
services, telegraph, transportation or water.
Properties and facilities owned or operated by any private
or nonprofit agency, for recreational purposes.
Properties and facilities owned or operated by any governmental
agency for recreational purposes.
The use of any building or portion thereof, for the display,
sale, rental, or lease of new recreational vehicles, or used motor
vehicles as an ancillary use of a zoning lot.
A building in which recyclable material only is collected,
processed, and/or baled in preparation for shipment to others who
will use those materials to manufacture new products.
A building wherein persons assemble regularly for religious
worship, maintained and operated by an organized religious body. Accessory
uses, buildings and structures customarily associated with the religious
institution are classified as part of the principal use as a church,
temple, synagogue, or similar religious structure and/or institution.
This term encompasses the AG-R, R-1, R-2, and MR Districts
and any residential uses within an approved land development.
An establishment in which the principal use is the preparation
and sale of food and beverage. The food and beverage may be consumed
on-site, carried out, or offered for delivery. Restaurants may include
the sale of prepared food and beverages to other establishments for
resale or consumption.
Retail businesses whose principal activity is the sale of
new merchandise within a completely enclosed building.
A strip of land owned by the public or dedicated to the public
by easement and intended to be occupied by a street, trail, or utility.
An institution for the teaching of children or adults including
primary and secondary schools, colleges, professional schools, operated
by a public entity.
The distance required to obtain minimum front, side, or rear
yard open space provisions of this chapter.
The setback exclusively applicable to the accessory building(s)
on a property.
The setback exclusively applicable to the principal building(s)
on a property.
A business or commercial enterprise engaging in any of the
following, or other similar uses:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STOREAn establishment having 25% or more of its stock-in-trade, materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined.
ADULT MINI MOTION PICTURE THEATREAn enclosure with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined for observation by patrons therein.
ADULT MOTION PICTURE THEATERAn enclosure with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined for observation by patrons therein.
ADULT SEXUAL PARAPHERNALIA STOREAn establishment having, as a substantial or significant portion of its stock-in-trade, paraphernalia designed or usable for sexual stimulation or arousal.
MASSAGE PARLORAn establishment where persons conduct or permit to be conducted or engaged in, massages of the human body or parts thereof by means of pressure, imposed friction, stroking, kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating the same with hands, other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any other means or preparations to provide relaxation or enjoyment to the recipient.
OPEN DANCE HALLAn establishment where open public dancing by patrons is available during at least four days per week with or without partners furnished by the establishment.
HOST OR HOSTESS ESTABLISHMENTEstablishments or clubs offering socialization with a host or hostess for a consideration to the host or hostess for an admission or membership fee.
SPECIFIED ANATOMICAL AREASIncludes any of the following:
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
Human genitals in a state of sexual arousal;
Acts of or simulated acts of human masturbation, sexual intercourse,
sodomy, bestiality, fellatio or cunnilingus; or
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast.
Excretory functions as part of or in connection with any of
the activities set forth above.
The ordinary high water line of a lake, stream, or other
natural or man-made body of water, as defined by the State of Michigan
and/or the federal government.
Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the sign faces as well as any sign supporting structure. See Article 4 for definitions of individual sign types.
The supports, uprights, bracing, or framework of any structure
exhibiting a sign, be it single-faced, double-faced, or V-type or
otherwise.
A sign which has not identified or advertised a current business,
service, owner, product, or activity for a period of at least 180
days, in the case of billboard signs, or at least 360 days in the
case of all other signs.
A sign made of fabric, cloth, paper, or other nonrigid material.
A sign containing a message regarding services or products,
activities, persons or events that are not made, produced, assembled,
stored, distributed, leased, sold or conducted on the premises upon
which the sign is located.
A sign containing a message regarding services, products,
activities, persons or events made, produced, assembled, stored, distributed,
leased, sold, or conducted upon the premises upon which the sign is
located.
An "A-frame" shaped sign that consists of two sign boards
that are hinged together at the top and on which the message has been
factory-imprinted, handwritten, or displayed using manual changeable
copy display.
A condominium project consisting of the site plan and master
deed for detached single-family or two-family dwellings.
A person licensed by the Michigan Liquor Control Code.
A facility or facilities owned or controlled by a licensed
distiller.
A person as defined and licensed by the Michigan Liquor Control
Code.
A facility or facilities owned or controlled by a licensed
small winemaker.
A ground- or roof-mounted solar installation used to distribute
generated energy primarily through the utility grid but may also be
utilized to meet on-site energy demand.
A ground- or roof-mounted solar installation used to distribute
generated energy primarily on-site for consumption; however, excess
energy output may be delivered to the power grid with or without compensation.
Uses, either public or private, that possess unique characteristics
and therefore cannot be properly classified as a use permitted by
right in a particular zoning district or districts.
An approval for a special land use, pursuant to Section 502
of the Michigan Zoning Enabling Act.[11]
A building or property on which the deposition of materials
or property for preservation or disposal is carried out as the principal
use of the property.
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.
Shall be as defined by Part 303 of Michigan's Natural Resources
and Environmental Protection Act,[12] namely, a river, stream, or creek which may or may not
be serving as a drain; or any other body of water that has definite
banks, a bed, and visible evidence of a continued flow.
Any public or private thoroughfare or right-of-way, other
than a public or private alley, dedicated to or designed for travel
and access to any land, lot or parcel, whether designated as a road,
avenue, highway, boulevard, drive lane, place, court, or any similar
designation.
Any constructed or placed item or material or combination
of materials or items in, on or upon the ground having a fixed location,
including but not limited to buildings, sheds, towers, signs, swimming
pools, animal enclosures, garages, accessory buildings, decks, patios,
docks, platforms, satellite dishes, gazebos, tennis courts, fences
over six feet high and storage bins, but excluding sidewalks and paving
on streets, driveways or parking areas. The definition of structure
also excludes retention walls, seawalls, decks or patios, no portion
of which is located more than 12 inches above the natural grade.
The partitioning or dividing of a parcel or tract of land
as defined in the Michigan Land Division Act, Michigan Public Act
288 of 1967.[13]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, and similar communications purposes. The term includes radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers antenna tower alternative structures
and the like.
An outdoor area, building or part of a building devoted to
showing motion pictures, or for dramatic, dance, musical, or other
live performances.
A building that accommodates the industrial art of manufacturing
of dies, plastics molds, and jigs and fixtures to be used in the mass
production of solid objects.
The legislative body of the Township of New Buffalo, Berrien
County, Michigan.
A structure to which goods, except raw or unprocessed agricultural
products, natural minerals, equipment or other resources, are delivered
for immediate distribution or to be amalgamated or divided for delivery
in larger or smaller units to other points, or for distribution, amalgamation,
or division involving transfer to other modes of transportation.
A natural state preserving natural resources, natural features,
scenic or wooded conditions, agricultural use, open space, or a similar
use or condition. Land in an undeveloped state does not include a
golf course but may include a recreational trail, picnic area, children's
play area, greenway, or linear park, as defined by the Michigan Zoning
Enabling Act.[14]
The principal purpose for which land or a building is arranged,
designed or intended, or for which land or a building is or may be
occupied.
Buildings serving any person, firm or corporation, municipal
department or board duly authorized to furnish, and furnishing under
state or municipal regulations to the public, electricity, gas, steam,
communication, telegraph, transportation, or water.
A modification of the literal provisions of the Zoning Ordinance granted by the Zoning Board of Appeals when strict enforcement of the Zoning Ordinance would cause practical difficulties (as defined in § 455-9.10) or unnecessary hardship owing to circumstances unique to the individual property on which the variance is granted.
See "automobile."
An upright structure, typically constructed of wood, masonry,
or stone materials, that encloses, divides, or protects an area.
Land characterized as a regulated wetland by the State of
Michigan NREPA Part 303.[15]
An establishment or place of business primarily engaged in
selling or distributing merchandise to retailers; to industrial, commercial,
institutional, or professional business users, or to other wholesalers;
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
Any facility which requires a license or permit from the
State of Michigan, such as but not limited to a Permit to Hold Wildlife
in Captivity or a Game Breeder's License. The species allowed will
only be those listed as permitted species listed with the Michigan
Department of Environmental Quality.
Any device or assemblage which converts wind energy into
electricity through the use of a wind turbine generator which may
include turbines, blades, towers and supporting structures and such
directly connected facilities as generators, alternators, inverters,
batteries and associated electrical equipment. This does not include
wiring to connect the wind energy system to the grid.
A wind energy conversion system established as an accessory
or principal use to distribute generated energy primarily through
the utility grid but may also be utilized to meet on-site energy demand.
A wind energy conversion system established as an accessory
use to distribute generated energy primarily on-site for consumption;
however, excess energy output may be delivered to the power grid with
or without compensation.
A person as defined and licensed by the Michigan Liquor Control
Code.[16]
A state-licensed facility or facilities that manufactures
wine and is owned or controlled by a state-licensed winemaker, as
defined and regulated by the Michigan Liquor Control Commission.
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cables, and coaxial and
fiber optic cables, but excluding wireless communications support
structures.
A structure that is designed to support, or is capable of
supporting, wireless communications equipment, including a monopole,
self-supporting lattice tower, guyed tower, water tower, utility pole,
or building.
As defined in the Telecommunication Act of 1996 at 47 U.S.C.
§ 332(c)(7)(C)(ii).
The offering of telecommunications services using duly authorized
devices which do not require individual licenses, but does not mean
the provision of direct-to-home satellite services {as defined in
Section 303(v) [47 U.S.C. § 303(v)]}.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services.
The open space on the same lot with a main building, unoccupied
and unobstructed from the ground (grade) upward except as otherwise
provided in this chapter, and as defined herein. The minimum required
setback is the minimum depth of a front, rear or side yard necessary
to conform to the required yard setback provisions of this chapter.
The required yard shall be that set forth as the minimum
yard setback requirement for each district.
An open space extending the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and the nearest point of the main building. Unless otherwise
specified, each yard with street frontage shall be considered a front
yard.
An open space extending the full width of the lot the depth
of which is the minimum horizontal distance between the rear lot line
and the nearest point of the main building. In the case of a comer
lot, the rear yard may be opposite either street frontage, but each
lot shall only have one rear yard.
An open space between a principal building and the side lot
line, extending from the front yard to the rear yard, the width of
which is the horizontal distance from the nearest point on the side
lot line to the nearest point of the principal building.
The Township official(s) authorized to administer the Zoning
Ordinance on a day-to-day basis, including but not limited to processing
applications, granting ministerial approvals, maintaining the records
of Planning Commission actions, sending notices of public hearings,
and similar work.
The Body appointed pursuant to the provisions of Michigan
Zoning Enabling Act, Michigan Public Act 110 of 2006, as amended,[17] to serve as the Zoning Board of Appeals for New Buffalo
Township.
A portion of the incorporated area of the Township within
which on a uniform basis, certain uses of land and buildings are permitted
and within which certain yards, open spaces, lot areas, and other
requirements are established under the provisions of this chapter.
[1]
Editor's Note: See MCLA § 436.1101 et seq.
[2]
Editor's Note: See MCLA § 333.1101 et seq.
[3]
Editor's Note: See MCLA § 559.101 et seq.
[4]
Editor's Note: See MCLA § 436.1101 et seq.
[5]
Editor's Note: Said Act was repealed by P.A. 368 of 1978,
effective 9-30-1978.
[6]
Editor's Note: Said Act was repealed by P.A. 175 of 1966,
effective 7-1-1966.
[7]
Editor's Note: See MCLA § 560.101 et seq.
[8]
Editor's Note: See MCLA § 125.3101 et seq.
[9]
Editor's Note: So in original.
[10]
Editor's Note: See MCLA § 125.3801 et seq.
[11]
Editor's Note: See MCLA § 125.3502.
[12]
Editor's Note: See MCLA § 324.30303.
[13]
Editor's Note: See MCLA § 560.101 et seq.
[14]
Editor's Note: See MCLA § 125.3101 et seq.
[15]
Editor's Note: See MCLA § 324.30303.
[16]
Editor's Note: See MCLA § 436.1101 et seq.
[17]
Editor's Note: See MCLA § 125.3101 et seq.
