New Buffalo, MI Zoning Ordinance

New Buffalo City Zoning Code

ARTICLE 3

District-Specific Standards

Section Z3-01 Bulk and dimensional standards.

Bulk and dimensional standards. Table 3-01(A) establishes the bulk and dimensional requirements for development or the use of a lot in each district.

Table 3-01(A): Bulk and Dimensional Standards
Standard	R-1	R-2	R-3	CBD	GCD	WM	BP
Lot Standards (Minimum)
Lot area (sq ft)	7,500(1)	8,000(1)	10,000(1)	8,000	—	15,000	43,560
Lot width (ft)	60	55	150	35	—	100	150
Yard Setbacks (Minimum Unless Otherwise Stated)
Front (ft)	20	15	30	—	30	15	35
Front, maximum (ft)	—	—	—	0	—	—	—
Exterior side (ft)	6	6	20	—	10	—	15
Exterior side, maximum (ft)	—	—	—	0	—	—	—
Interior side (ft)	6	3	15	10(2)	10	10(2)	15
Rear (ft)	30	30	30	25	30	10	20
Building Standards (Maximum)
Building height (ft)	35(3)	35(3)	35	35(4)	35	35	40
Lot coverage (%)	35	40	35	70	60	70	50

Notes:
(1)	A lot area of half the minimum standard shall be allowed for duplex structures with a party wall.
(2)	Where the adjoining lot has a building with a common party wall no side yard shall be required.
(3)	A height of 65 feet shall be allowed for nonresidential uses. One additional foot shall be added to each required yard setback above the minimum for each foot of height above 35 feet.
(4)	A height above 35 feet may be approved through a special use permit up to a maximum height of 45 feet allowed.

Section Z3-02 Calculating dimensional standards.

Lot width. The horizontal distance between the interior side lot line and the opposite interior side or exterior side lot line measured parallel to the front lot line at the front lot line and at the required front setback line. For lots fronting on a cul-de-sac, "lot width" shall mean the horizontal distance between the side lot lines measured parallel to the front lot line at the required front setback line.

Yard setback.

The depth of a yard setback shall be measured as the horizontal distance from the center point of the applicable lot line into the lot for the minimum distance established in Table 3-01(A).

The span of a yard setback shall be measured:

Front yard. From the interior side lot line to the other interior side lot line or exterior side lot line as applicable;

Exterior side yard. From the front yard setback line to the rear lot line;

Interior side yard. From the front yard setback line to the rear yard setback line;

Rear yard.

[1]

From the interior side lot line to the other interior side lot line; or

[2]

From the interior side lot line to the exterior side yard setback line.

Building height. The vertical distance measured from the mean elevation of the finished lot grade along the front yard of the structure to the mean elevation of the roof.

Lot coverage. That portion of the area of lot that contains buildings and structures measured as a percent of the entire lot area.

Section Z3-03 Exceptions to bulk and dimensional standards.

Architectural element encroachment. Architectural elements attached to and necessary to the integrity of or customary to the principal building shall be permitted to encroach upon the minimum rear or front setback requirements established in Table 3-01(A). No feature shall be closer than 10 feet from a street right-of-way or rear lot line and no encroachment shall be allowed in the required side setback. Such architectural features include the following.

Ramps for the disabled;

Cornices;

Eaves;

Gutters;

Chimneys;

Unenclosed steps;

Fire escapes;

Roof overhang;

Similar features.

Terrace, patio, porch, and deck encroachments. Terraces, patios, porches, and decks shall be permitted to encroach upon the minimum front and rear setback requirements established in Table 3-01(A) provided that they are:

Attached to the main building;

Not covered with a roof;

Elevated no more than 48 inches above the average surrounding final grade;

Not fully enclosed by a wall or fence over 5 1/2 feet in height;

Located no closer than 10 feet to a street right-of-way line or rear lot line.

Enclosed porches considered part of principal building. Terraces, patios, porches, and decks that are enclosed (covered with a roof), not including steps leading to such structures, shall be attached to and considered part of the main building and shall comply with the setbacks in Table 3-01(A).

Mechanical appurtenances. Except in the CBD - Central Business District, mechanical appurtenances, such as blowers, ventilating fans, and air-conditioning units, may encroach into front, side, or rear setbacks but shall be placed not closer than 12 feet to any lot line and shall be screened as required in Section Z5-04.

Height projection and area allowed. Any mechanical appurtenances, including elevator housings, stairways, tanks, heating, ventilation and air-conditioning equipment, and other similar apparatus, located on the roof of any building shall not extend 10 feet above the roof surface and shall not occupy greater than 15% of the total area of the roof of the building on which it is placed.

Section Z3-04 Permitted, special, accessory, and temporary uses.

The following key shall be used in the interpretation of Table 3-04(B).

Permitted uses. Uses which are marked as "P" in the table shall be allowed subject to all applicable regulations of this ordinance.

Special uses. Uses which are marked as "S" in the table shall be allowed subject to the issuance of a special use permit as detailed in Section Z8-06.

Temporary uses. Uses which are marked as "T" in the table shall be allowed subject to the issuance of a temporary use permit as detailed in Section Z8-03D.

Prohibited uses. A blank space in the tables indicates that a use type is not allowed in the respective zoning district unless it is otherwise expressly allowed by other regulations of this Ordinance.

Additional regulation. If a use has use specific standards, the location of the standards is shown in the Additional Regulation column. Use-specific standards shall apply to permitted, special, and temporary uses.

Permitted, special, and temporary uses by district.

Table 3-04(B): Permitted, Special, and Temporary Uses by District
Use	Additional Regulation	R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Residential		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Dwelling, single-family detached	Z4-01A	P	P
Dwelling, duplex	Z4-01A		P	P
Dwelling, multifamily 2-8 units	Z4-01B			P		S	S
Dwelling, multifamily 8+ units	Z4-01B			P		S	S
Dwelling, residential, above ground floor retail use	Z4-01C				S	P
Dwelling, townhome	Z4-01D		S	P
Residential Services		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Adult day-care home		P	P	P
Adult foster care family homes		P	P	P
Adult foster care small group homes		S	S	P
Adult foster care large group homes			S	S
Adult foster care congregate facility						S
Family child care home		P	P	P
Group child care home		P	P	P
Foster family homes		P	P	P
Foster family group homes		S	S	P
Nursing and convalescent home		S	S	P		P
Senior living facilities		S	S	P		P
Institutional and Place of Assembly		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Cemetery	Z4-03A								S
Educational facility	Z4-03B								S
Governmental uses									S
Health care facility						P		P	S
Non-commercial place of assembly	Z4-03C	S	S	S					S
Commercial place of assembly	Z4-03C				S	S	S		S
Recreation, Amusement, and Lodging		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Watercraft fueling station								S
Campground	Z4-04A									S	P
Bed-and-breakfast	Z4-04B		S	S	S	S
Hotel					P	P	P
Motel						P	P
Municipal or private port or marina							S
Recreation area							S			P	P
Forestry											P
Short-term rental					S	S	S
Retail		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Adult establishment	Z4-05A							S
General retail, 3,000 sq ft or less					P	P
General retail, more than 3,000 sq ft					S	P
Marine-oriented retail businesses					P	P	P
Multitenant shopping center						P
Indoor agriculture								P
Nursery retail	Z4-05B					P		P
Nursery wholesale								P
Wholesale establishment								S
Pawnbroker
Service		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Animal boarding facility/kennel and/or veterinary service	Z4-06A					S		S
General service, 3,000 sq ft or less					P	P		P
General service, more than 3,000 sq ft					S	P		P
Financial institution						P		P
Funeral home								S
Massage service						S		S
Office, above ground floor only					P	P
Office, ground floor 3,000 sq ft or less				S		P		P
Office, ground floor more than 3,000 sq ft						P		P
Office complex/business park								P
Eating and Drinking		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Bar/tavern					P	P	P
Brewery/winery/distillery tasting room					P	P	P
Brewpub					P	P	P
Food truck court	Z4-07A						S
Restaurant, delivery/carry out					P	P	P
Restaurant, sit down					P	P	P
Vehicle related		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Auto, recreational vehicle, or watercraft sales/rental	Z4-08A					S		P
Carwash	Z4-08B							S	S
Major automotive repair	Z4-08C						S	S
Minor automotive repair						S		P
Vehicle fuel sales	Z4-08D							S	P
Industrial		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Artisan manufacturing					P	P		P
Brewery/winery/distillery								P
Composting/recycling facility								S
Distribution facility								S
Equipment rental, sales, and service						P	P	P
Extractive industry							S	S
Light industry								P
Salvage yard
Self-service storage facility	Z4-09A					S		S
Solid waste facility/solid waste transfer station								S
Storage yard								S
Warehouse								S
Wireless communication towers	Z4-09B							S
Utility and Transportation		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Loading areas, parking areas, and landing strips as a principal use								P
Railroad use		P						P
Telecommunications tower		S	S	S	S	S	S	S	S	S	S
Waterborne transportation uses							P
Accessory		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Accessory retail	Z4-11A				P	P		P
Accessory dwelling unit	Z4-11B	S	S	S
Accessory structure, ground-mounted	Z4-11C	P	P	P	P	P	P	P	P	P
Accessory structure, rooftop	Z4-11D				S	S	S
Donation drop box	Z4-11G				P	P		P
Drive-through	Z4-11H					S		S
Electric vehicle charging station	Z4-11I				P	P	P	P
Home occupations	Z4-11J	P	P	P	P	P
Keeping of animals	Z4-11F	P	P	P
Outdoor activity/operation/storage	Z4-11K					S		S
Outdoor dining	Z4-11L				S	S	S
Outdoor display/sale of merchandise, permanent	Z4-11M				P	P	P
Solar energy collection system, canopy	Z4-11N	P	P	P	P	P	P	P	P	P
Solar energy collection system, ground-mounted	Z4-11O	P	P	P	P	P	P	P	P	P
Solar energy collection system, roof-mounted	Z4-11P	P	P	P	P	P	P	P	P	P
Watercraft and recreational vehicle parking	Z4-11D(3)	P	P	P
Temporary		R-1	R-2	R-3	CBD	GCD	WM	BP	PSP	NCD	FP-1
Construction related	Z4-12A	T	T	T	T	T	T	T	T	T
Farmers market					T	T	T
Food truck	Z4-12B						S
Outdoor display/sale of merchandise, temporary	Z4-12C				T	T	T
Portable temporary storage container	Z4-12D	T	T	T	T	T	T	T
Seasonal sales	Z4-12E				T	T	T

Section Z3-05 CBD - Central Business District specific standards.

Exterior building cladding materials. Exterior building cladding materials shall be provided in accordance with this subsection on all building facades facing a front or exterior side lot line. The materials provided on each facade shall be consistent with or complement surrounding development.

Ground floor materials. Exterior building materials utilized on the ground floor shall be limited to wood, stucco, fiber cement, stone veneer systems, or masonry such as brick, stacked stone, stone masonry units, and architectural concrete masonry units.

Upper floor materials. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as EIFS or precast panels with inlaid or stamped brick texture.

Facade articulation. Facade articulation involves the horizontal and vertical variation of the facade so that walls are subdivided into bays or sections that are vertically proportioned. The following provisions for facade articulation shall apply to any building elevations facing a front or exterior side lot line.

The frontage of the building shall be divided into architecturally distinct sections or bays with each section taller than it is wide.

The sections shall be visually established by architectural features such as columns, bulkhead, masonry piers, cornices, window hoods, or similar elements that visually subdivide the wall and integrates with the overall design of the facade.

The required dividing elements shall have a minimum width of one foot and minimum projection to width ratio of 1:4.

Glazing.

Ground-floor glazing. A minimum of 50% of the ground floor of buildings shall include glazing. Glazing shall extend from a base of contrasting material (not exceeding four feet in height above the adjacent grade) to at least the height of the door head on the primary facade. Glazing shall be transparent under all lighting conditions on the structure's first floor.

Upper-floor glazing. A minimum of 20% of the upper floor of buildings shall include glazing.

Entrance orientation. Main entrances to buildings shall be oriented toward the primary street adjoining the subject property. Secondary entrances are encouraged along secondary streets or along building frontages not adjoining a street.

Off-street parking location. Off-street parking provided in accordance with Section Z5-01C shall be located to the rear of the principal building.

First-story awnings. First-story awning projections are encouraged on the first-story of primary building facades. When provided, awnings shall extend between three feet and a maximum of five feet from the building facade.

Section Z3-06 FP-1 - Floodplain District Specific Standards.

Interpretation. All words and phrases used in this part shall be construed to have the same meaning as those words and phrases as defined in the full federal regulations (24 CFR 1910.3(D)).[1]

[1]

Editor's Note: See now the National Flood Insurance Program regulations found in 44 CFR 59.1 et seq.

General regulations. The FP-1 Floodplain District shall apply to all floodplain designated on the flood insurance rate map for the City of New Buffalo, Michigan, as published by the Federal Emergency Management Agency (FEMA) hereinafter referred to as FIRM. The regulations of this section shall apply.

Permits for all proposed development in any area of special flood hazard shall be required. The term "development" is defined as "any man-made change to improved or unimproved real estate, including but not limited to building or other similar type structures."

Review of permits for proposed development shall be required to assure that all other necessary permits have been received from those governmental agencies from which approval is required by federal or state law.

New construction (including prefabricated buildings and mobile homes) and substantial improvements shall be anchored to prevent flotation and lateral movement, and be constructed with flood-resistant materials and methods.

Subdivision proposals and proposals for other developments, including their utilities and drainage, shall be located and designed to be consistent with the need to minimize flood damage.

All subdivision proposals and other proposed development greater than 50 lots or five acres, whichever is less, include base flood elevation data.

Require new water and sewer systems (including on-site systems) be located and designed to avoid impairment.

Records of flood elevation and floodproofing levels for all new or substantially improved structures, and whether or not such structures contain a basement shall be obtained and maintained.

Adjacent communities and State Coordination Office shall be notified prior to any alteration or relocation of a watercourse and submit copies of such notification to the Flood Insurance Agency (FIA). Within the altered or relocated portion of any watercourse, assure that the flood-carrying capacity is maintained.

Specific FIRM zones. The following minimum requirements apply in specific zones designated on the FIRM.

In unnumbered A Zones, obtain, review and reasonably utilize base flood elevation data from alternative sources, prior to its being provided by FIA through its Flood Insurance Rate Study, as criteria for requiring that all new residential structures and substantial improvements to existing structures have their lowest floor (including basement) elevated or floodproofed to or above the base flood level.

In Zones A1-30, the following standards shall be required for new construction and substantial improvements.

Residential structures shall have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception for all the allowance of basements and/or storm cellars by the FIA.

Nonresidential structures shall have the lowest floor (including basement) elevated to or above the base flood level, or be floodproofed to or above that level.

In Zone AO, the following standards shall be required for new construction and substantial improvements.

Residential structures shall have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number specified on the communities FIRM.

Nonresidential structures shall have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM, or be floodproofed to or above that level.

In Zones A1-30 and AO where floodproofing is used in lieu of elevation, a registered engineer or architect shall certify that the floodproofing methods used are adequate to withstand the forces associated with the base flood and submit such certification to the community, or submit to the FIA for approval, local regulations containing detailed floodproofing specification which meet the watertight performance standards.

In Zones A1-30, for new, substantially improved or expanded mobile home parks or subdivisions, stands or lots shall be elevated to or above the base flood level, and adequate accesses and drainage shall be provided, and if pilings are used for elevation, the construction standards for elevation on pilings shall be met and anchored in accordance with federal regulations (Sec. 1919-B9).

A regulatory floodway shall be adopted to carry the waters of the flood without increasing the base flood level more than one foot at any point.

Development or encroachments (including fill) shall be prohibited in the floodway which would result in any increase in flood levels during the base flood discharge.

Mobile homes shall be prohibited in the regulatory floodway.