New Buffalo Township
City Zoning Code
City Zoning Code
ARTICLE 1
General Provisions
§ 455-1.1 Intent and purpose.
The purpose of this article is to provide regulations that apply in all zoning districts to all permitted uses and special uses.
§ 455-1.2 Applicability.
Unless otherwise specifically stated, the provisions of this article shall apply to all lands within the Township and within all zoning districts. As an aid to users, this chapter cross-references sections that are or might be applicable to other sections. An incorrect or lack of cross-reference does not relieve a person from complying with all applicable requirements of this chapter. The chapter must be read and applied "as a whole."
§ 455-1.3 Conflict with other provisions.
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other Township law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern. Where any provision of this chapter differs from any other provision of this chapter, the more restrictive requirement shall govern.
§ 455-1.4 Nonconforming structures, uses, and lots.
Intent and purpose. This chapter intends to permit legally nonconforming structures, uses, and lots to continue until they are removed but not to encourage their survival. This chapter recognizes that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
Nonconforming structures. Nonconforming structures may be continued, repaired, or replaced only in accordance with the following provisions:
Maintenance of nonconforming buildings and structures.
Nothing in this chapter shall prevent such necessary repairs and incidental alterations of a nonconforming building existing on the effective date of this chapter as may be necessary to secure a reasonable advantageous use thereof during its natural life.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Official or to comply with barrier-free requirements of the Americans with Disabilities Act.
Alteration of nonconforming buildings and structures. Alterations are permitted to a nonconforming structure in which only permitted uses are operated; however, no nonconforming structure may be enlarged or expanded in a way that increases its area of nonconformance.
Damaged or destroyed nonconforming structures. When a nonconforming structure is damaged to the extent of 50% or less of the replacement cost of the structure as determined by the Building Official, exclusive of the foundation, the structure may be rebuilt in the same location, using the same building footprint, provided that rebuilding begins within one year of the event which caused the damage. Restoration of a nonconforming structure pursuant to this clause shall not increase the degree of nonconformance or noncompliance existing prior to such damage.
Completion of nonconforming buildings and structures. Nothing in this chapter shall require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently pursued. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun in preparation for rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building.
Nonconforming uses.
Continuance. Any lawful nonconforming use existing on the effective date of this chapter or amendment thereto may be continued and shall not be considered to be in violation of this chapter, provided that (unless otherwise noted in this section) the use shall not be enlarged or extended to occupy a greater area of land, nor moved in whole or in part to another portion of the lot.
Change of nonconforming use.
No nonconforming use shall be changed to another use other than a use conforming to the regulations established for the district in which the nonconforming use is located, nor shall any use be reverted to a nonconforming use after said use has been changed to a conforming use.
Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure will eliminate the nonconforming status of the land.
Abandonment of nonconforming use. If a property owner abandons a nonconforming use of land for a period of two years or more, then any subsequent use of the property or structure shall conform to the requirements of this chapter.
Nonconforming lots. Nonconforming lots may only be continued in accordance with the following provisions:
Use of nonconforming lots. Any nonconforming lot of record shall only be used for any purpose authorized by the district in which it is located. This provision shall apply even though such lot fails to meet the requirements for area or width applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for district in which such lot is located. The main building on such lot shall be located so that it meets at least 80% of each of the yard requirements of the district in which it is located. Any required variances may be requested pursuant to the procedures and standards of this chapter.
Contiguous nonconforming lots. If two or more contiguous lots, parcels, or portions of lots or parcels are under the same ownership and do not individually meet the lot width, depth, and/or area requirements of this chapter, then those contiguous lots, parcels, or portions of lots or parcels shall be considered an undivided lot or parcel for the purposes of this chapter, and no portion of such undivided lot or parcel shall be sold, used or divided in a manner that diminishes compliance with the lot width, depth, and/or area requirements established by this chapter or which creates a nonconforming structure.
§ 455-1.5 Accessory uses, buildings, and structures.
[Amended 9-16-2024 by Ord. No. 20240916]
Accessory uses.
Relationship to primary use. Accessory uses are permitted only in connection with, incidental to, and on the same lot with a primary use which is permitted in the zoning district. No accessory use may be placed on a lot without a primary use.
Occupation. No accessory use shall be occupied or used unless the main structure to which it is accessory is occupied or used.
Placement in front yard. Accessory uses shall not be permitted in the front yard, except in AG-R District and only if lot has a minimum of 250 feet of depth, and further provided that such accessory building is equal to at least 1/2 the distance from the front lot line to the main building. Where the accessory buildings are permitted and placed in the front yard, such buildings shall maintain a minimum front and side yard setback of 50 feet.
Waterfront properties. Detached garages are permitted in the front yard of residential properties abutting Lake Michigan or the Galien River. The garage shall maintain a minimum front and side yard setback as required for the district.
Accessory buildings or structures.
Relationship to main building. Accessory buildings or structures shall not be permitted on a lot or parcel which does not have a main building.
Conformance with main building. Where an accessory building is attached to a main building, it shall conform to all regulations of this chapter applicable to the main building, unless otherwise specified.
Building and zoning permits. A zoning permit shall be required for all accessory buildings and structures. A detached accessory building exceeding 144 square feet shall require a building permit.
Size. On lots with an area of 15,000 square feet or less, accessory buildings with a total footprint of 1,500 square feet shall be permitted. On lots with an area larger than 15,000 square feet, accessory buildings with at total footprint equal to 10% of the lot area or 10,000 square feet, whichever is less, shall be permitted.
Lot coverage. The total area occupied by the main building and all accessory buildings and structures shall not exceed the maximum lot coverage permitted in each district.
Height. No accessory building or structure shall exceed 30 feet in height.
Farm buildings. These restrictions shall not apply to farm buildings used in conjunction with a bona fide farm operation.
Construction of accessory buildings or structures. Accessory buildings shall be stick-built or the equivalent to new building construction. No mobile home, junk object, salvage materials, trailer, vehicle, or similar item shall be utilized as an accessory building or storage structure, provided that such requirement shall not be applicable to bona fide agricultural storage or activities, or to tool sheds or similar temporary storage structures utilized pursuant to the construction of a building.
§ 455-1.6 Fences.
All fences shall:
Be no taller than six feet in the side or rear yards in residential districts.
Be no taller than four feet in the front yard in residential districts.
The height of fence posts shall be no more than six inches above fence.
Be no taller than six feet in the front yard of any other district, and 12 feet in the side or rear.
Be wholly located on the property they are intended to serve.
Have the unfinished side of the fence facing the interior of the permit holder's property.
Be set on or near the property line in such a way that the fence may be maintained without trespassing on the neighboring property. Invisible Fences® shall be exempted from the requirement.
Not be made of or include barbed wire, razor wire, electrified materials, or any other dangerous material in the residential, commercial, or mixed-use districts. Such material may be allowed in the industrial district in instances where the applicant demonstrates sufficient safety concern to warrant such materials to the Zoning Administrator or Planning Commission if the Zoning Administrator believes such review is needed.
Consist of approved materials such as wood, brick, or decorative steel, or a combination thereof that enhance the aesthetics of the property and surrounding properties, except where otherwise noted in this chapter.
§ 455-1.7 Main building or use.
No more than one main building or principal use may be located on a parcel, except for groups of related industrial or commercial buildings, multiple-family dwellings, or manufactured homes contained within a single, integrated complex with sharing parking and access, or in instances where the intent of the zoning district is to allow more than one building or use per parcel.
§ 455-1.8 Minimum dwelling size requirements.
Minimum floor area; area of building.
All dwellings shall contain a minimum floor area in accordance with the following:
Dwelling Type | Standard | |
|---|---|---|
Single-family (1 story) | 960 square feet, with at least 960 square feet on the ground floor | |
Single-family (1 1/2 story) | 1,150 square feet with at least 768 square feet on the ground floor | |
Single-family (2 story) | 1,440 square feet with at least 720 square feet on the ground floor | |
Two-family | 750 square feet per unit | |
Multifamily | ||
Efficiency | 400 square feet | |
1 bedroom | 500 square feet | |
2 bedroom | 600 square feet | |
3 bedroom | 750 square feet | |
4 bedroom | 900 square feet | |
The area of the building shall be determined by the exterior dimensions of the building.
Multiple-family dwellings shall have a minimum lot size of one acre and be served by public water and sanitary sewer facilities. A maximum of 12 dwelling units per net acre shall be permitted. Net acreage shall be the total site area, exclusive of any dedicated public right-of-way or private easement for either interior or abutting streets. No building shall exceed an overall length of 180 feet. There shall be a minimum distance between contiguous buildings equal to the height of the taller building or 25 feet, whichever is greater. In no case shall the minimum required setback be less than the height of the building.
The first 20 feet of the required front yard shall not be used for parking or aisles and shall be landscaped when developed.
Where a side and/or rear yard abuts a residential district, there shall be a minimum yard of not less than 20 feet, exclusive of parking and drives. Such yard shall be planted with site-obscuring plant cover as approved by the Planning Commission.
§ 455-1.9 Exterior lighting in residential areas.
All lighting of a high-intensity nature on residential properties, or residential districts, shall be directed away from, and if necessary, shall be shielded to prevent the shedding of light onto adjacent residential properties. All lights shall be directed to prevent the source of light from shining directly onto traffic in such a way that glare could create a safety hazard.
§ 455-1.10 Projections into yards.
Architectural features may project into yards in the following circumstances:
Architectural features including cornices, bay windows, eaves, gutters, chimneys without foundations, pilasters, and similar features may project no farther than one foot into a required front, rear, or side yard.
An open, unenclosed, and uncovered porch, paved terrace, deck, balcony, or window awning may project no farther than 10 feet into a required front yard, no farther than 15 feet into a required rear yard, and shall not project into a required side yard. In no case shall a porch, deck, balcony, or awning be placed closer than five feet to any front or rear lot line.
Any porch, terrace, deck, or balcony which is enclosed shall meet the minimum setback requirements of the main building or accessory building to which it is attached.
§ 455-1.11 Building height exceptions.
In all zoning districts, the following shall be exempted from the height restrictions set forth in this chapter:
§ 455-1.12 Minimum dwelling size requirements.
All dwellings shall contain a minimum floor area in accordance with the following:
Two-family: 750 square feet per unit.
The area of the building shall be determined by the exterior of the dimensions of the building.
Multiple-family dwellings shall have a minimum lot size of one acre and be served by public water and sanitary sewer facilities. A maximum of 12 dwelling units per net acre shall be permitted. Net acreage shall be the total site area, exclusive of any dedicated public right-of-way or private easement for either interior or abutting streets. No building shall exceed an overall length of 180 feet. There shall be a minimum distance between ends of contiguous buildings equal to the height of the taller building or 25 feet, whichever is greater. In no case shall the minimum required setback be less than the height of the building.
The first 20 feet of the required front yard shall not be used for parking or aisles and shall be landscaped when developed.
Where a side and/or rear yard abuts a residential district, there shall be a minimum yard of not less than 20 feet, exclusive of parking and drives. Such yard shall be planted with site-obscuring plant cover as approved by the Planning Commission.
§ 455-1.13 Exterior lighting in residential areas.
All lighting of a high-intensity nature on residential properties, or in residential districts, shall be directed away from, and if necessary, shall be shielded to prevent the shedding of light onto adjacent residential properties. All lights shall be directed to prevent the source of the light from shining directly onto traffic in such a way that the glare could create a safety hazard.
§ 455-1.14 Required area or open space.
No lot, adjacent lots in common ownership, required yard, parking area, or other required open space shall be created, divided, or reduced in dimensions or area below the minimum requirements of this chapter. If already less than the minimum requirements of this chapter, a lot, adjacent lots in common ownership, required yard, parking area, or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this chapter and the Land Division Act, P.A. 288 of 1967.[1] Lots or yards created after the effective date of this chapter shall comply with the requirements of this chapter.
[1]
Editor's Note: See MCLA § 560.101 et seq.
§ 455-1.15 Manufactured homes.
Any lot, when constructed with a manufactured home, shall be permitted only if it complies with all the following requirements:
Inspection and safety standards. Manufactured homes must either be new or certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, the Michigan Mobile Home Commission, or any similar successor or replacement standards which may be used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced above, and found, on inspection by the Building Inspector, to be fit for residential occupancy.
Conformance with Township codes. The dwelling unit and any accessory building shall comply with all applicable building, electrical, plumbing, fire, energy, and other similar codes adopted by the Township; provided, however, that where a dwelling unit is required by law to comply with any federal or state standards for construction, and where such standards or regulations for construction are different than those imposed by Township codes, then such federal or state standard or regulation shall apply.
Appropriate evidence of compliance with such standards or regulations shall be provided to the Building Inspector.
Foundation. Each part of a dwelling unit reaching the ground shall be firmly attached to its own permanent foundation constructed on the building site, such foundation to have a wall of the same perimeter dimensions as the dwelling unit and to be constructed of such materials as required by the Building Code for on-site constructed single-family dwellings. If the dwelling unit is a mobile home, its foundation shall fully enclose the chassis and undercarriage. The towing mechanism must be enclosed.
Installation. Manufactured homes must be installed pursuant to the manufacturer's setup instructions and shall be secured to the building site by an anchoring system or device complying with the rules and regulations, as amended, of the Michigan Mobile Home Commission, or any similar or successor agency having regulatory responsibility for manufactured home parks. Mobile homes must be installed with the wheels removed.
Horizontal dimension. The dwelling unit shall have a minimum horizontal dimension of 24 feet across any front, side, or rear elevation.
Attached steps. Permanently attached steps or porch areas at least three feet in width shall be provided where there is an elevation difference greater than eight inches between the first-floor entry of the dwelling unit and the adjacent grade.
§ 455-1.16 Construction buildings and structures.
Permitted temporary buildings and structures. Temporary buildings may be utilized during construction for the storage of construction materials and for construction offices during a construction period as permitted herein. Temporary buildings for use incidental to construction work shall be removed within 30 days after the completion or abandonment of the work. No structures shall be used for temporary dwelling purposes that do not comply with the requirements of this chapter or any applicable building codes, provided the Zoning Board of Appeals may allow variances on the size of temporary dwelling units. No garage or other accessory building or structure, travel trailer, basement, tent, barn, or partial or temporary structure, whether of a fixed or portable construction, shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a zoning permit by the Zoning Administrator pursuant to § 455-1.24.
Removal of temporary buildings and structures. All construction buildings, structures, and debris shall be removed from the lot within 15 days after an occupancy permit is issued by the Building Inspector for the permanent structure on such lot, or within 15 days after the expiration of a building permit issued for construction on such lot.
§ 455-1.17 Construction time limits.
Once construction or installation of a building or structure has begun, such building or structure shall be finished and an occupancy permit shall be issued in accordance with State Construction Code as adopted by the Township.
§ 455-1.18 Keeping of animals.
Household pets. The keeping of household pets, including dogs, cats, fish, birds, hamsters, and other animals generally regarded as household pets, is permitted as an accessory use in any residential district. No more than five dogs or cats, four months of age or older, in any combination, shall be kept or housed in or at one dwelling unit.
Livestock. The keeping of animals not normally considered household pets, including but not limited to horses, pigs, sheep, goats, cattle, pigeons, and poultry, is prohibited in all zoning districts, except Agricultural Residential (AG-R).
§ 455-1.19 Water and sanitary service.
No structure for human occupancy shall be constructed, altered, or moved and used in whole or part for dwelling, business, industrial, or recreation purposes unless provided with a safe, sanitary, and potable water supply and with a safe and effective means of collection, treatment, and disposal of human, domestic, commercial, and industrial waste, as applicable. Such installations and facilities, if not from an approved public system, shall conform with the minimum requirements for such facilities set forth by the State of Michigan Health Department, the Berrien County Health Department, and the Subdivision Regulations, Building Code,[1] and other applicable ordinances of New Buffalo Township.
§ 455-1.20 Corner lots.
Front lot lines. A corner lot shall have two front lot lines.
General provisions.
Industrial Zoning Districts. For a corner lot which is completely within the Industrial Zoning District, the setback along the secondary street(s) shall not be less than 30 feet. All other setbacks shall comply with the minimum setback requirements of the zoning district within which the lot is located.
§ 455-1.21 Private streets.
Intent and purpose. The Township determines that it is in the best interest of the community to regulate the construction, improvement, extension, relocation, and use of private streets. These provisions have been enacted to assure that:
Private streets will not be detrimental to the public health, safety, or general welfare.
Private streets will not adversely affect the long-term development policies of New Buffalo Township.
Private streets will be designed and constructed with adequate width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.
Private streets will be constructed in a manner that protects against or minimizes soil erosion and prevents damage to the lakes, streams, wetlands, and the natural environment of the Township.
Frontage and access.
Frontage. All parcels utilizing a private street shall have frontage on the approved private road for a distance equal to or greater than the minimum lot width required for the district in which the parcel is located.
Public road access. All private streets shall have access to a public road.
Required access. Any lot created shall have frontage upon a public or private street for a distance equal to the minimum lot width requirement in the zoning district where the property is located. Lots with frontage on a cul-de-sac shall be permitted to have less street frontage (but in no case less than 40 feet of such frontage), and further provided that the lot width at the front setback line (or rear setback line in case of waterfront lots) and beyond shall satisfy the minimum lot width requirements of the zoning district in which the lot is located.
Permits.
Township board permit. No entity shall construct, upgrade, or extend a private street after the effective date of this chapter without first having obtained a private road permit from the Township Board.
Issuance of building permits. The Building Inspector shall not issue building permits for construction of any building or structure on lots or condominium units served by a private street until the private street is constructed to the extent required by this chapter and the Township.
State permits. All other required State of Michigan permits shall be obtained.
Supplemental Township review. The Township Board may elect to have all design and construction plans reviewed by the Township's attorney, engineer, or planner prior to consideration of the application for the private street permit.
Submittal requirements. An application shall be submitted to the Township Clerk and shall contain the following:
An application form and fee as established by the Township Board.
A detailed written description of the development to be served by the private street.
Ten copies of a site plan, drawn to a scale of at least one inch equals 100 feet and prepared by a registered engineer, showing all of the following: a general location sketch; the precise location, grade, route, elevation, dimensions, and design of the private street and any proposed extensions thereto; existing and proposed curb cuts; and the location and distance to any public street with which the private street will intersect. The plan may be prepared by a registered surveyor, rather than a registered engineer, if the proposed private street is to serve five or fewer parcels, and the Planning Commission waives said requirement in writing.
A survey of the right-of-way by a registered land surveyor, together with surveys for each parcel to be served by the private street.
The location of all public utilities, including but not limited to water, sewer, telephone, gas, electricity, and television cable, to be located within the private street easement or within 20 feet of either side thereof. Copies of the instruments describing and granting such easements shall be submitted with the application.
The location of any lakes, streams, wetlands, drains, and slopes (over 20%) within the proposed easement or within 100 feet thereof.
The location of any other buildings and structures located, or to be located, within 100 feet of the private street right-of-way.
Name of private street.
Procedure.
After the application, along with all other required information, has been received by the Township Clerk, the Planning Commission shall set a date to hold a public hearing on the application. The Zoning Administrator shall send notice of the hearing in accordance with the notice requirements in § 455-10.7.
The Planning Commission shall consider the request based on the requirements of Subsection F, as well as the approval standards of Subsection G, and all other relevant provisions of this chapter. The Planning Commission shall make a recommendation to the Township Board to preliminarily approve, preliminarily approve with conditions, or deny the request.
The Township Board shall then review the application and such other information available to it through the public hearing or from any other sources, including recommendations or reports of the Planning Commission, and shall preliminary approve, preliminary approve with conditions, or deny the request, and state the basis for the decision and any conditions which should be imposed.
In order to request placement on the Township Board agenda for final approval, the applicant shall obtain and/or complete the following:
Eight copies of recorded land survey and legal descriptions showing easements for underground electrical and communication services lines, drainage, sanitary sewer, private road and dedication of any public right-of-way.
Two copies of recorded road maintenance agreement.
Two copies of recorded deed restrictions and easements.
No petition for private street approval which has been denied shall be resubmitted for a period of one year from the date of denial, except as may be permitted after learning of new and significant facts or conditions which might result in favorable action upon resubmittal.
Design requirements. The construction of private streets shall conform to the Berrien County Road Department construction standards for local roads, excepting pavement width and grade requirements and as otherwise provided in this chapter, as follows:
No private street shall extend for more than 2,640 feet from the nearest public street right-of-way, as measured along the center line of the private street, without a second direct access thereto being available from a public street.
All private streets shall have a recorded permanent right-of-way and easement with a minimum width of at least 40 feet. The right-of-way shall also expressly permit public or private utilities to be installed within the right-of-way.
The area in which the private street is to be located shall have a minimum cleared width of 28 feet, which clearing shall always be maintained.
Road surface may be gravel but shall meet the MDOT 22A gravel standard.
Pavement widths shall conform to the following table. Any private street serving five or fewer parcels which is subsequently extended to serve more than five parcels shall be upgraded in its entirety to meet the pavement width requirements of this section.
Standards | Serving 5 of Fewer Lots (feet) | Serving More Than 5 Lots (feet) |
|---|---|---|
Pavement width | 18 | 22 |
Any private street which terminates at a dead end shall provide adequate turnaround for fire trucks and other emergency vehicles as determined by the Zoning Administrator with the Township Engineer. A "hammerhead" turnaround or options other than a circular cul-de-sac may be considered. Private streets serving more than five private properties shall require a cul-de-sac with a minimum radius of 40 feet or such turnaround adequate to handle fire trucks and other emergency turnarounds as are permitted by the Zoning Administrator and the Township Engineer.
The road surface shall have a minimum crown of 0.02 foot per foot from the center line of the private street to the outside edge thereof.
A road shoulder at least two feet wide, composed of six inches of compacted gravel, shall be provided on each side of the private road surface and shall slope 1/2 inch per foot from the outside edge of the road surface to the toe of the slope.
The maximum longitudinal road grade shall not exceed 6%, provided that the Township Board may allow up to a 10% grade if the applicant produces written justification, satisfactory to the Township Engineer, that an increase in the road grade will not adversely affect public safety and the design of the road system.
The layout of the private street and the intersections of the private street with either a public or private street shall be such that clear vision, safe turning, and travel in all directions at the posted speed limit is assured, as determined by the Township Engineer. The minimum distance between intersections of public and/or private street rights-of-way shall not be less than 100 feet, as measured along the right-of-way line thereof.
The private street shall be constructed with such stormwater runoff, culverts, and drainage contours as are required by the Township Engineer and Berrien County Drain Commission to ensure adequate drainage and runoff.
The method and construction technique used in the crossing of any natural stream, wetland, or drainage course shall satisfy the requirements of the Township Engineer and any other agency having jurisdiction thereof.
The private street shall be given a name, and street signs shall be installed in accordance with the standards and approval of the Berrien County Road Department. The private street addresses shall be posted in a conspicuous place at the entrance to the private street (at the intersection with the public road) in letters at least three inches high. Private streets serving two or more dwellings shall have a standard stop sign where the private street abuts a public street or another private street.
The private street shall meet all requirements of the NFPA National Fire Prevention Code.
The maximum number of lots on a single access cul-de-sac or dead-end road shall not be more than 25.
A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction on any private street designed to limit access or control vehicular speed.
Approval standards.
Prior to final approval of a private street permit application, the Township Board shall determine the following:
The private street will not be detrimental to the public health, safety, or general welfare.
The private street will not adversely affect the use of land.
The private street is designed and constructed with width, surface, and grade measurements that assure safe passage and maneuverability of private and public safety vehicles.
The private street is constructed in a manner that minimizes soil erosion and prevents damage to the lakes, streams, wetlands, and the natural environment of the Township.
The private street can provide future connection to existing or proposed public rights-of-way or private streets.
Maintenance of the private street has been adequately provided for.
The Zoning Administrator may require that the applicant comply with reasonable conditions relative to the design and construction of the private street.
Maintenance and repairs.
All private streets shall be continuously maintained in such a way that they will not constitute a danger to the health, safety, and welfare of the inhabitants of the Township. They shall be readily accessible to, and usable by, emergency vehicles in all types of weather.
All costs for maintenance and repair of the private street shall be the responsibility of the property owners or property owners' association where one exists.
The applicant(s)/owner(s) of the proposed private street right-of-way or private street shall provide the Township Board with a recordable private street maintenance or restrictive covenant agreement between the owner(s) of the private street right-of-way and any other parties having any interest therein (if less than five lots) or a property owners' association (if five or more lots) which shall provide that the private street shall be regularly maintained, repaired, and snow plowed so as to assure that the private street is safe for travel at all times and the cost thereof paid. The maintenance agreement shall, at a minimum, contain the following:
A method of initiating and financing of such road and/or easements in order to keep the road in a reasonably good and usable condition.
A workable method of apportioning the costs of maintenance and improvements.
A notice that no public funds of the Township of New Buffalo are to be used to build, repair, or maintain the private road.
Easements to the public for purposes of emergency and other public vehicles for necessary public services.
The applicant(s) agree, by filing an application for and receiving a permit under this chapter, that they will assure that any building(s) or parcels thereafter created or constructed on the private street shall also be subject to the street maintenance or restrictive covenant agreement, and that said agreement shall be recorded and shall run with the land. Once approved by the Township, records shall be furnished to the Township prior to final approval of the private street.
Performance guarantee. The Township Board may, as a condition of the private street construction permit, require the applicant to provide a performance guarantee in accordance with the provisions of § 455-10.6, and waiver of liability.
Inspections/certificate of compliance.
Upon completion of construction of the private street, the Township Building Official or designee shall inspect the completed construction to determine whether it complies with approved plans, specifications, permits, and this chapter.
The applicant(s), at the applicant(s)'s expense, shall provide the Township with a set of "as built" drawings bearing a certificate and statement from a registered engineer certifying that the private street has been completed in accordance with the requirements of the permit.
If the completed private street does not satisfy the requirements of the permit or this chapter, the applicant(s) shall be notified of the noncompliance in writing and shall be given a reasonable time period within which to correct the deficiencies. Failure to correct the deficiencies within the time provided shall subject the applicant(s) to the penalties provided for in § 455-10.9 and the New Buffalo Township Civil Infraction Ordinance, including but not limited to injunctive relief.
Fees. Fees for the permits required hereunder shall be set by the Township Board from time to time by resolution. Additionally, the Township Board may require that the applicant(s) put sufficient funds in escrow to cover the costs of having the Township Attorney, engineer, planner, or other professional review the private street plans, specifications, and maintenance agreements, and to do the necessary inspections. All costs shall be paid prior to the granting of final approval, with the balance of escrow account returned upon final approval. The fees shall not exceed the reasonable costs of providing the services.
Indemnification. The applicant(s)/owner(s) of the private street agree that by applying for or securing a permit to construct the private street, they shall indemnify and will hold the Township harmless from any and all claims for personal injury and/or property damage arising out of the use of the private street or of the failure to properly construct, maintain, use, repair, or replace the private street.
§ 455-1.22 Clear vision areas.
All streets, shared-use pathways, right-of-way easements, alleys, or driveways that intersect a street shall establish a clear vision area in which no plantings, signs, fences, or structures shall be installed or maintained between a height of three feet and 10 feet above grade. Vegetation is permitted so long as its height at maturity shall not be more than 36 inches.
§ 455-1.23 Temporary dwellings.
The Zoning Administrator may issue a permit to an individual to park and occupy a temporary dwelling in any district, provided that:
A building permit has been issued to the property owner applying for the temporary dwelling permit for the construction of a permanent residence.
The temporary dwelling is connected to an approved water and sanitary system.
The temporary dwelling is sufficiently secured to the ground to prevent overturning through the actions of high winds or other natural conditions.
The Zoning Administrator shall determine the required size of the dwelling and placement on the lot. Such determination shall be consistent with the standards of Subsection D below.
Upon applying for a temporary dwelling approval, the applicant shall pay a fee as determined by the Township Board. All original temporary dwelling permits issued in conjunction with the construction of a permanent dwelling shall be limited to a period of one year. If the permanent residence is not complete within the one-year period, one additional six-month extension may be permitted by the Zoning Administrator only for the purpose of completing the residence.
Any authorization for temporary uses or structures shall meet the following standards:
That all applicable requirements of this section are met;
That there will be no unsanitary conditions or other detrimental effects upon the property, occupants, or adjacent properties;
That, in the case of occupancy during construction, the use or structure is reasonably necessary for the convenience and safety of the construction proposed;
That the use or structure does not adversely impact the nature of the surrounding neighborhood;
That access to the use, area, or structure is located at the least obtrusive point on the property.
The Zoning Administrator may attach reasonable conditions to temporary uses or structures to ensure that the standards of this section are met.
All temporary dwellings, buildings, and uses shall be removed from the premises following the expiration of the permit and any extensions, upon completion of the permanent building or structure, within 30 days after an occupancy permit has been issued, or within 30 days after the building permit for the permanent residence has expired.
§ 455-1.24 Land division.
Limitations.
No parcel of 10 acres or less may be divided into more than four parcels, including any previous divisions of the parent parcel or tract, except as permitted as a platted subdivision, planned unit development, or site condominium. After a division, any remaining right to further divisions may be transferred from the parent parcel to the new parcel by giving notice to the Assessor on the form published by the State Tax Commission (General Property Tax Act, Michigan Public Act 206 of 1893, MCLA § 211.27a). Parcels over 10 acres must meet the requirements of the Michigan Land Division Act (Michigan Public Act 288 of 1967, MCLA § 560.101 et seq.), as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each parcel created by a land division must have a depth of not more than four times its width. This requirement does not apply to resulting parcels larger than 10 acres or to the remainder of the parent parcel or tract retained by the proprietor. The Zoning Board of Appeals may grant a variance from this depth requirement based on a finding of unusual topographical conditions.
Approval.
All land divisions and boundary reconfigurations except subdivisions must be approved by the Assessor or other Township Board designee. A complete application for a land division shall be approved if it meets the following conditions as well as any other conditions as required under the Land Division Act:
Each resulting parcel has an adequate and accurate legal description and is included in a tentative parcel map showing area, parcel lines, public utility easements, accessibility, and compliance with the limitations in § 455-1.25A.
Each resulting parcel is accessible and has an area and width not less than those required by this chapter.
Each resulting parcel that is a development site has adequate easements for public utilities from the parcel to existing public utility facilities.
A fee has been paid as set by the Township Board. The fee shall not exceed the reasonable costs of providing the services.
Approval of a land division is not a determination that the resulting parcels comply with other provisions of this chapter. A parcel not in full compliance with this chapter may be unbuildable.
§ 455-1.25 High-risk erosion and critical dune areas.
All critical dune and high-risk erosion areas designated as such by the State of Michigan shall be regulated by the Michigan Department of the Environment, Great Lakes, and Energy (EGLE) and subject to any applicable state requirements and laws. No building permit or approval under this chapter shall be issued until evidence of EGLE approval has been provided to the Township.
Persons building on the property adjoining Lake Michigan are advised to contact the Michigan Department of the Environment, Great Lakes, and Energy to determine if the property meets the requirements of the Natural Resources and Environmental Protection Act.
In the areas designated "critical dunes" or "high erosion," New Buffalo Township retains the right to regulate lot size, frontage, structures, driveways, setbacks, and all other items specified in this chapter.
§ 455-1.26 Floodplain standards.
General standards for flood hazard reduction.
Development within a flood hazard area, including the erection of structures permitted in the Floodplain Overlay District, shall not occur except upon issuance of a zoning permit in accordance with the requirements of this chapter and the following standards:
Applicant must meet both the requirements of the Floodplain Overlay District and the requirements of the underlying zoning district.
All necessary development permits shall have been issued by appropriate local, state, and federal authorities, including a floodplain permit, approval, or Letter of No Authority from EGLE under authority of Act 245 of the Public Acts of 1929, as amended.[1] Where a development permit cannot be issued prior to the issuance of a zoning permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.
[1]
Editor's Note: Said Act was repealed by P.A. 19 of 1990, effective 5-31-1990.
The use pattern and structure proposed to accomplish said use shall be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water. Specific base flood elevation standards:
On the basis of the most recent available base flood elevation data, all new construction and substantial improvements shall have the lowest floor, including basements, elevated at least one foot above the flood level; or for nonresidential structures, be constructed such that at or below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that these standards are met and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the base flood in the location of the structure. Such certification shall be submitted as provided in this chapter and shall indicate the elevation to which the structure is floodproofed.
Available flood hazard data from federal, state, or other sources shall be reasonably utilized in meeting the standards of this section. The most recent flood elevation data received from the Federal Insurance Administration shall take precedence over data from other sources.
All new construction and substantial improvements within a flood hazard area shall:
All new and replacement water supply systems shall minimize or eliminate infiltration of floodwaters into the systems.
All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.
All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.
Adequate drainage shall be provided to reduce exposure to flood hazards.
The flood-carrying capacity of any altered or relocated watercourses not subject to state or federal regulations shall be designed to ensure flood-carrying capacity is maintained.
New Buffalo Township shall incur no liability whatsoever by permitting any use of a building within the floodplain within the Township.
Delineation of the Floodplain Overlay District.
The flood hazard area zone shall overlay existing zoning districts delineated on the official New Buffalo Township Zoning Map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled "The Flood Insurance Rate Map," dated December 4, 1979, as updated, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps. Within the flood hazard area zone, a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the Flood Boundary and Floodway Map. The Study and accompanying maps are adopted by reference, appended, and declared to be part of this chapter. The term "flood hazard area," as used in this chapter, shall mean the flood hazard area zone and the term "floodway" shall mean the designated regulatory floodway.
Where there are disputes as to the location of a flood hazard area zone boundary, the Zoning Board of Appeals shall resolve the dispute.
In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area zone.
§ 455-1.27 Address identification.
New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than four inches high with a minimum stroke width of 1/2 inch. Where required by the fire code official or Berrien County, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from public way, a monument, sign, or other means shall be used to identify the structure. Address identification shall be maintained. All building permit fees will include fee for Township green reflective address signs that must be installed before obtaining an occupancy permit.
§ 455-1.28 Restoration of unsafe buildings and barrier-free modification.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Official. Nothing in this chapter shall prevent the unlimited modification of a building only as may be necessary to comply with barrier-free requirements and the Americans with Disabilities Act.
§ 455-1.29 Relocation of buildings.
The relocation of a building to a different location in the Township shall be treated the same as erection of a new building, and all applicable provisions, regulations, and required permitting shall be observed.
§ 455-1.30 Junked cars, boats, and vehicles.
A motor vehicle which is unlicensed or can no longer propel itself; a boat which is no longer seaworthy; a motor vehicle, boat or any other vehicle which is partially dismantled, wrecked, junked, or discarded; or any parts thereof, shall not be parked, stored, or placed outside of a fully enclosed building for more than five days.
§ 455-1.31 Voting place.
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a public election.