New Buffalo Township
City Zoning Code
City Zoning Code
ARTICLE 2
Zoning Districts and Map
§ 455-2.1 Zoning districts established.
For the purpose of this chapter, the Township of New Buffalo is hereby divided into the following districts:
AG-R | Agricultural Residential District |
R-1 | Low-Density Residential District |
R-2 | Medium-Density Residential District |
MR | Manufactured Residential District |
C-1 | General Commercial District |
C-2 | Highway Commercial District |
UPV | Union Pier Village |
UPC | Union Pier Corridor |
I | Industrial District |
F-1 | Floodplain Overlay District |
M | Marihuana Overlay Business District |
§ 455-2.2 Intent of established zoning districts; Schedule of Dimensional Requirements.
[Amended 5-23-2025 by Ord. No. 20250523A]
The intent and purpose of each established zoning district is described in the subsections below. This section establishes regulations governing lot size, required yards, setbacks, building height, and development density for each zoning district. No building shall be erected, nor shall an existing building be altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations established for the district in which the building or use is located. A portion of a lot used to comply with the regulations in this section with respect to one building or use shall not be simultaneously used to comply with the regulations with respect to another building or use.
.tiff.png "455 Agricultural Residential District (AG-R).tiff") |
Agricultural Residential District (AG-R). The Agricultural Residential District is designed to be the lowest-density residential designation in New Buffalo Township. The zone is intended to promote built patterns consistent with the rural character of the Township's eastern extent, and to preserve these landscapes by limiting development pressure from uses that are not consistent with these attributes. Development is situated on large lots and is primarily limited to single-family, detached housing. Agricultural uses including livestock operations, dairy farming, horticulture, and crop cultivation are also permissible under the designation. Uses complementary to these residential and agricultural purposes, including greenhouses and nurseries, roadside stands for the sale of products grown on site, public parks, and day care or adult foster care are also permitted. Access to properties is through rural county roads designed primarily for automobile travel.
Agricultural Residential (AG-R) | |
|---|---|
Lot occupation | Standard |
Minimum lot width (feet) | 150 |
Minimum lot area | 2 acres |
Maximum lot coverage | 20% |
Main Building | Standard |
Front setback (feet) | 30 |
Side setback (feet) | 15 |
Rear setback (feet) | 50 |
Maximum height (feet) | 35 |
Accessory Building | Standard |
Permitted location | Side or rear yard; front yard only if lot has a minimum of 250 feet of depth and that an accessory building setback is equal to at least 1/2 the distance from the front lot line and the main building |
Front setback | At least 1/2 distance from front lot line to the main building |
Side setback (feet) | 15 |
Rear setback (feet) | 50 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Front, side, or rear yard |
.tiff.png "455 Low-Density Residential District (R-1).tiff") |
Low-Density Residential District (R-1). The Low-Density Residential category is intended to provide a low-density residential setting consistent with New Buffalo Township's small-town neighborhoods. Development in this zone is largely limited to single-family detached housing; permitted lot areas and widths are smaller than in the Agricultural-Residential district. Single-family residential housing constructed in the form of site condominium development is also permitted. Complementary nonresidential uses that further the creation of stable neighborhoods, including family day care, adult foster care, and parks, playgrounds, and open space, are also permitted in the zone. Access to residential properties is primarily though rural county roads or from streets in residential subdivisions.
Low Density Residential (R-1) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 100 |
Minimum lot area | 15,000 square feet |
Maximum lot coverage | 35% |
Main Building | Standard |
Front setback (feet) | 30 |
Side setback (feet) | 10 |
Rear setback (feet) | 25 |
Maximum height (feet) | 35 |
Accessory Building | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 25 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Front, side, or rear yard |
Medium-Density Residential District (R-2). The Medium-Density Residential District is intended to provide a high-density, single-, two-family, and multiple-family residential living environment and to foster stable, high-quality neighborhoods while providing for additional variety in housing opportunities and choices. The Medium-Density Residential District is also intended to encourage compact, pedestrian-friendly development along with affordable housing options. Nonresidential uses are only allowed to the extent that they serve to further the creation of stable residential neighborhoods.
Medium-Density Residential (R-2) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 66 |
Minimum lot area | 8,712 square feet |
Maximum lot coverage | 40% |
Main Building | Standard |
Front setback (feet) | 30 |
Side setback (feet) | 7 |
Rear setback (feet) | 25 |
Maximum height (feet) | 40 |
Accessory Building | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 7 |
Rear setback (feet) | 25 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Front, side, or rear yard |
.tiff.png "455 Manufactured Residential District (MR).tiff") |
Manufactured Residential District (MR). Manufactured Residential District (MR) The Manufactured Residential zoning designation is intended to provide and preserve residential land for occupation by manufactured housing. This is consistent with the community's goal to provide diverse housing types and styles available at variety of price points. Uses in the designation are, therefore, largely limited to manufactured homes located in state-licensed parks, and other supportive land uses, including day care and adult foster care. The Manufactured Residential zone is further intended to ensure that mobile home parks are developed with neighborhood elements, including sidewalks, vegetation, adequate parking, and porches.
Manufactured Residential (MR) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 100 |
Minimum lot area | 8,000 square feet |
Maximum lot coverage | 30% |
Main building | Standard |
Minimum front setback (feet) | 30 |
Minimum side setback (feet) | 10 |
Minimum rear setback (feet) | 20 |
Maximum height (feet) | 30 |
Accessory Building | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Side or rear yard |
General Commercial District (C-1). The intent of the General Commercial District is to encourage a mixed-use environment along the Township's major vehicular corridors. The wide variety of commercial uses historically permitted along Red Arrow Highway and US-12, including office, retail, and personal and professional service establishments, are allowed. These commercial uses are generally intended to meet the needs of residents, local neighborhoods, and other surrounding communities. A wide range of multifamily residential formats, including townhomes, duplexes/triplexes, and apartments, are also permitted as a special land use. Mixed commercial and multifamily residential buildings and lots are allowed and encouraged to promote a compact live-work setting. Multi-floor construction is also permitted and encouraged to promote mixed commercial and residential buildings and walkable built patterns.
General Commercial (C-1) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 100 |
Minimum lot area | 15,000 square feet |
Maximum lot coverage | Contingent on proposed use |
Main building | Standard |
Minimum front setback (feet) | 30 |
Minimum side setback (feet) | 10 |
Minimum rear setback (feet) | 10 |
Maximum height (feet) | 40 |
Accessory Building | Standard |
Permitted location | Front, side, or rear yard |
Front setback (feet) | 10 |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Front, side, or rear yard |
Front setback (feet) | 10 |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Highway Commercial District (C-2). The Highway Commercial District is designed to promote mixed commercial and residential development near the Township's freeway access points. The community's range of retail, entertainment, and commercial service uses should be concentrated along Harbor Country Drive and other major roads. With the district's location adjacent to I-94, commercial uses are intended to serve guests and visitors to the Township in addition to local needs. The same range of multifamily residential uses permitted under the C-1 designation are permitted although lots are slightly larger in size and densities are lower to promote convenient access to and from the I-94. Multi-floor construction is allowed and encouraged. Pedestrian access is promoted through design and landscaping standards.
Highway Commercial (C-2) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 100 |
Minimum lot area | 20,000 square feet |
Maximum lot coverage | 90% |
Main Building | Standard |
Minimum front setback (feet) | 30 |
Minimum side setback (feet) | 10 |
Minimum rear setback (feet) | 10 |
Maximum height (feet) | 40 |
Accessory Building | Standard |
Permitted location | Front, side, or rear yard |
Front setback (feet) | 10 |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Front, side, or rear yard |
Front setback (feet) | 10 |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Union Pier Districts.
Union Pier Village (UPV). The Union Pier Village District is intended to promote a pedestrian-friendly environment in the core of the Union Pier community. Small lot widths allow the highest built densities in the Township, while zero building setback requirements allow buildings to adjoin public sidewalks and promote a pedestrian character. The district also requires the provision of nonmotorized paths and streetscaping amenities to ensure that the paths are safe and convenient for all users. These nonmotorized requirements vary between the context of Red Arrow Highway, where vehicles move more rapidly, and areas with frontage on side streets, where traffic speeds are slower. The Union Pier community is split between New Buffalo and Chikaming Township and so many of these standards match the requirements for Union Pier in Chikaming Township, in order to promote cohesive built patterns. A wide variety of commercial service uses, especially food and beverage, and retail are promoted to serve residents and visitors. Second-floor residential is also allowed to enhance the viability of properties and to ensure the district's vibrancy.
Union Pier Village (UPV) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 25 |
Minimum lot area (feet) | 2,500 square feet |
Maximum lot coverage | Contingent on proposed use |
Main building | Standard |
Minimum front setback (feet) | 0 |
Minimum side setback (feet) | 0 5 when adjacent to residentially zoned property |
Minimum rear setback | Sufficient for parking requirements and any required landscaping |
Maximum height | 40 feet or 3 floors |
Accessory Building | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 or 2 floors |
Parking | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Union Pier Corridor (UPC). The Union Pier Corridor District is intended to promote a diverse and vibrant environment in the peripheral areas of the Union Pier Community's core along Red Arrow Highway. Lot widths are relatively narrow and sizes are relatively small to promote a diverse range of uses within a short walk, although they are larger than in the Union Pier Village district to accommodate larger-scale development and serve the corridor's mixed pedestrian and automobile traffic. Properties are subject to development standards that require the provision of nonmotorized transportation features and lighting standards to ensure that the amenities are safe and convenient for all users. The Union Pier community is split between New Buffalo and Chikaming Township and so many of these standards match the requirements for Union Pier in Chikaming Township, in order to promote cohesive built patterns across the Townships. A variety of commercial service uses are allowed in the district, while a greater range of multifamily residential and civic uses is allowed than in the Union Pier Village to take advantage of the larger lots.
Union Pier Corridor (UPC) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 70 |
Minimum lot area | 4,000 square feet |
Maximum lot coverage | Contingent on proposed use |
Main Building | Standard |
Minimum front setback | 0 |
Minimum side setback (feet) | 10 |
Minimum rear setback | Sufficient for parking requirements |
Maximum height | 40 feet or 3 floors |
Accessory building | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Setback from buildings on lot (feet) | 10 |
Maximum height | 30 feet or 2 floors |
Parking | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
Union Pier Districts site standards.
Development standards. The site development standards is to ensure that development in the Union Pier Community promotes a lively, compact, and diverse business setting and encourages travel for both motorists and pedestrians. First floors are encouraged to be used for commercial purposes, especially in the core area of the Union Pier Village District. Both districts also require that bicycling and pedestrian infrastructure, either in the form of a nonmotorized path or sidewalk, be provided for to promote diverse travel options. Buildings should be constructed with high-quality and materials[1] and should be constructed at or close to front property lines.
Union Pier Districts | |||||
|---|---|---|---|---|---|
Union Pier Village (UPV) | Union Pier Corridor (UPC) | ||||
Uses | Standard | ||||
First floor | • | Must be used for commercial purposes. Commercial first floors shall extend for the entire width of the building as viewed from the adjoining public street. | • | Residential may be allowed in the rear 50% of the floor; however, the front 50% must be for commercial use. | |
• | Commercial first floor shall extend for the entire width of the front of the building as viewed from the adjoining public street. | ||||
Site Design | Standard | ||||
Nonmotorized transportation | • | Sidewalks shall be constructed along roads other than Red Arrow Highway. Sidewalks must be a minimum of 5 feet wide; be constructed of concrete; and have a minimum thickness of 4 inches except in areas crossed by vehicular traffic, which shall have a minimum of 6 inches. Pervious pavement is allowed and encouraged. | |||
• | The owner of the property which fronts on the sidewalk shall be responsible for snow and debris removal. | ||||
Building placement | • | A minimum of 70% of the building's frontage must adjoin the front easement line. | |||
• | Planning Commission may allow a setback of up to 10 feet for the balance of the building to allow outdoor cafe seating, plazas, vegetative buffers, and/or landscaped areas that enhance the streetscape and facilitate pedestrian access. | ||||
Building Design | Standard | ||||
Materials | • | Building facades must contain at least 75% of materials which are primarily natural products and that convey permanence such as brick, decorative masonry block, stone, or beveled wood siding. | |||
• | Building design shall be unique and substantially original. The use of standardized building prototypes is discouraged and a structure's appearance may not be primarily an expression of economy, expediency, or efficiency. | ||||
Height | • | The ground floor height of a structure must be a minimum of 14 feet. | |||
Entrances | • | Secondary public entrances are permitted on the rear or side facade, including additional access for uses in a multitenant building. | |||
• | Principal entrances should have details that enhance the prominence of the entrance, such as peaked roof forms, porches, overhangs, archways, larger door openings, accent colors, tile, moldings, and pedestrian-scale lighting. | ||||
• | • Each commercial first floor unit shall have a principal pedestrian entrance located on a front lot line and directly accessible from a public sidewalk. | ||||
• | Front entrance must be inset a minimum of 3 feet from the front building wall to ensure that the door zone does not conflict with users of the right-of-way. | ||||
Transparency | • | Ground-floor windows facing a public right-of way must be a maximum of two feet above the adjacent exterior grade. | |||
• | Minimum of 60% of the street level facade facing a public right-of-way must be used as transparent window space. | ||||
• | Minimum of 40% of the upper-level facade should be used as transparent window space. | ||||
[1]
Editor's Note: So in original.
Landscaping standards. The purpose of the landscaping standards in this section are to ensure the orderly and attractive development of the Union Pier area and to promote uniform design between the portions of the Union Pier community located in New Buffalo and Chikaming Townships. The landscaping standards in this section shall be required in addition to the landscaping standards in § 455-4.3. Where the provisions of this section overlap with provisions in § 455-4.3, the more stringent provision shall apply.
Union Pier Districts | ||
|---|---|---|
Item | Standard | |
General site landscaping | • | 1 deciduous or evergreen tree per 3,000 square feet or portion thereof of unpaved open area. |
• | Shrubs may be substituted for up to 50% of the total number of required trees at a rate of 8 shrubs for each tree. | |
• | All unpaved portions of a property shall be planted with grass, ground cover, shrubs, or other suitable live plant material. Such plant material shall extend to the edge of any abutting paved area, roadway, or gravel shoulder, except that trees and shrubs shall be set back a minimum of 10 feet from the edge of any uncurbed paved area, roadway, gravel shoulder, or other unpaved public or private right-of-way. The front yard of all nonresidential uses shall be planted with sod or hydro seed. | |
Parking lot landscaping | All off-street parking areas with 10 or more parking spaces shall provide tree islands in the parking lot design. | |
• | Single-loaded aisles shall have 1 tree island containing 1 canopy tree at both ends of each row, with minimum dimensions of 9 feet by 18 feet. | |
• | Double-loaded aisles shall have 1 tree island containing 2 canopy trees at both ends of each row, with minimum dimensions of 12 feet by 36 feet. | |
• | Tree islands shall be surrounded by a concrete curb at a height of 6 inches. In addition to the required canopy tree(s), the interior of the islands shall be vegetated with turf and may be used for stormwater management, however, snow storage is prohibited. Any tree island used for stormwater must have appropriate curb cuts in order to allow the flow of stormwater into the island from parking areas. | |
Land use buffer screening | • | Screening in the form of a landscaped greenbelt, berm, or wall as specified in this section shall be required wherever a nonresidential use abuts directly upon land zoned for residential purposes and/or where loading areas would be visible from residential districts. |
Parking lot screening | • | Landscaping shall be required between parking lots and roads to soften the view of the parked cars from the roads. The minimum width of the planting strip shall be 15 feet. The planting strip shall be planted with at least 1 tree and 8 shrubs per 40 linear feet of frontage. |
• | Public rights-of-way located adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable live ground cover, and shall be maintained by the owner or occupant of the adjacent property as if the rights-of-way were part of the required landscaped areas or greenbelts. | |
Equipment screening | • | Mechanical equipment, such as air compressors, pool pumps, transformers, sprinkler pumps, and similar equipment shall be screened on at least 3 sides. Insofar as practical, said screening shall exceed the vertical height of the equipment being screened by at least 6 inches within 2 years of planting. |
Greenbelts | • | Shall consist of closely spaced evergreen plantings (i.e., no further than 15 feet apart) which can be reasonably expected to form a complete visual barrier that is at least 8 feet above ground level within 3 years of planting. Deciduous plant materials may be used provided that a complete visual barrier is maintained throughout the year. |
• | The minimum width of any required greenbelt shall be 20 feet, except where used to cover an obscuring wall, in which case the greenbelt shall be at least 9 feet in width. | |
• | Every effort shall be made to link greenbelts on adjacent parcels to provide a continuous landscaped or natural area. | |
Berms | • | Berms shall be constructed with slopes no steeper than 1 foot vertical for each 3 feet horizontal (33% slope), with at least a 2-foot flat area on top. Berms shall be landscaped with 1 deciduous or evergreen tree and 6 shrubs for every 40 lineal feet. Berms may undulate in height, subject to review and approval of berm design as shown on the site plan. Unless otherwise indicated, the maximum height of required berms shall be 3 feet. Any required berm shall be planted with sod, ground cover, or other suitable live plant material to protect it from erosion. |
Obscuring walls | • | The Planning Commission may permit an obscuring wall to be installed in lieu of a berm or greenbelt, in cases where the applicant can demonstrate that there is insufficient space for the required berm or greenbelt, and that the site cannot be redesigned to accommodate a conforming berm or greenbelt. Obscuring walls or fences shall be 36 inches tall, constructed of durable materials, and placed inside and along the property lines. The Planning Commission has the authority to require specific materials based on the site conditions and the nature of the use. The Planning Commission may also choose to reduce the width of the required berm or greenbelt, provided that all required landscape plantings are still provided, rather than allow the requested wall. |
Fences | • | Shall be constructed of durable materials and placed inside the property line. |
Species | • | The Planning Commission shall approve tree species. |
Tree preservation | • | Site plans shall show all existing trees that are in the portions of the site that will be built upon or otherwise altered, and are 5 inches or greater in diameter, measured 4.5 feet above grade. |
• | Healthy, younger trees on the site shall be preserved where possible to allow for succession as older trees are lost. In the event that healthy plant materials are cut down, damaged, or destroyed during construction, said plant material shall be replaced with the same species as the damaged or removed tree, in accordance with the landscaping credits in § 455-4.3D, unless otherwise approved by the Planning Official based on consideration of the site and building configuration, available planting space, and similar considerations | |
Parking lot and access standards. The purpose of the parking and access standards it to ensure safe access to and from properties for both motorists and pedestrians and to ensure that stormwater is adequately managed in the context of the Union Pier core, with its higher degrees of impervious surface. The standards also ensure contiguous design between the Union Pier community in Chikaming and New Buffalo Townships. The parking and access standards in this section shall be required in addition to the parking and circulation standards in § 455-4.2. In an instance where the provisions of this section conflict with provisions in § 455-4.2, the more stringent provision shall apply.
Union Pier Districts | |||
|---|---|---|---|
Union Pier Village (UPV) | Union Pier Corridor (UPC) | ||
Item | Standard | ||
Parking space striping | All paved parking lots must be striped with conforming parking spaces matching the approved plan for the parking lot and in compliance with ADA requirements for barrier-free parking spaces. The striping must be maintained to be visible to motorists. | ||
Parking rows | Continuous rows of parking shall be limited to not more than 20 contiguous spaces. Longer rows shall provide landscaped breaks (e.g., islands or bioswales) with shade trees. | ||
Materials | All parking lots designed to hold 10 cars or more, including access lanes, driveways, and other vehicle maneuvering areas shall be paved with pervious concrete or asphalt to achieve a smooth, dustless surface, unless the Planning Commission approves otherwise. | ||
Stormwater management | All off-street parking areas, access lanes, and driveways shall be graded and drained to dispose of surface waters. Surface water shall not be permitted to drain onto adjoining property. | ||
Driveway spacing | • | Driveway design and spacing is subject to the approval of the Berrien County Road Department, proof of which shall be required. | |
• | Where possible, curb cuts shall be consolidated and spaced so as to minimize conflict with nonmotorized travelers. | ||
Lighting standards. The purpose of this section is to ensure that adequate lighting is provided to facilitate all forms of travel in the mixed automobile and pedestrian context of the Union Pier community. The type of lighting fixtures required depend on the subject property's location and are designed to illuminate both roadways and sidewalks, and to enhance the quality of the streetscape by reducing glare. The lighting standards shall apply in addition to the requirements of § 455-4.6. In an instance where the provisions of this section overlap with provisions in § 455-4.6, the more stringent provision shall apply.
Union Pier Districts | |
|---|---|
Item | Standard |
Compliance with industry standards | Provide compliance with the most recent edition of the "Illuminating Engineering Society of North America (IESNA) Model Lighting Ordinance (MLO)," shall be required for parking areas, walkways, driveways (except private residential driveways), building entrances, loading areas, and public common areas in the Union Pier districts to ensure the security of property and safety of persons |
Shielding | All lighting fixtures in the Union Pier Districts shall face downward and shall have 100% cutoff shielding that prevents light from being emitted above a horizontal plane. |
Light trespass | Light trespass on a commercial property shall not exceed 0.5 footcandle at the property line, measured at grade. Light trespass on a residential property shall not exceed 0.25 footcandle at the property line, measured at grade. |
.tiff.png "455 Industrial District (I).tiff") |
Industrial District (I). The intent of the Industrial zoning category is to provide space for wholesale, warehousing, light manufacturing, and other production-oriented uses. The zone's purpose is to allow a limited range of such employment-generating uses in locations where they have access to transportation infrastructure and utilities but are not detrimental to surrounding commercial areas or residential neighborhoods. Other permitted uses include manufactured housing and mobile home parks.
Industrial (I) | |
|---|---|
Lot Occupation | Standard |
Minimum lot width (feet) | 100 |
Minimum lot area | 1 acre |
Maximum lot coverage | 100% |
Base density | N/A |
Main building | Standard |
Front setback (feet) | 40 |
Side setback (feet) | 15 |
Rear setback (feet) | 40 |
Maximum height (feet) | 50 |
Accessory Building | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 15 |
Rear setback (feet) | 40 |
Setback from buildings on lot (feet) | 10 |
Maximum height (feet) | 30 |
Parking | Standard |
Permitted location | Side or rear yard |
Front setback | N/A |
Side setback (feet) | 10 |
Rear setback (feet) | 10 |
.tiff.png "455 Floodplain Overlay District (F-1).tiff") |
Floodplain Overlay District (F-1). This District is intended primarily to protect those undeveloped areas of New Buffalo Township which are subject to predictable flooding in the floodplain area of the Galien River or its tributaries, and other water bodies, that the reservoir capacity will not be reduced or impede, retard, accelerate or change the direction of flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. The requirements of this district, while permitting reasonable use of properties within the floodplain, will help protect human life, prevent or minimize material and economic losses and reduce the cost to the public in time of emergency through public aid or relief efforts occasioned by the unwise occupancy of such flood areas. Development within a flood hazard area, including the erection of structures, shall not occur except upon issuance of a zoning permit in accordance with the requirements of this chapter and the standards in § 455-1.25.
Marihuana Business Overlay District (M). This Overlay District is intended provide suitable locations for medical marihuana facilities and adult-use marihuana establishments that are otherwise authorized under state law and the Township's Code of Ordinances and Zoning Ordinance, taking into account neighboring land uses, natural resources, and quiet, comfort, and repose of the community.
The Marihuana Business Overlay Zone overlays existing zoning districts delineated on the official New Buffalo Township Zoning Map. The boundaries of the Marihuana Business Overlay Zone are depicted on Map A, incorporated herein by reference,[2] and are generally described as follows:
Provisioning centers/retailers and microbusinesses are permitted as special land uses in the portions of the C-1 and Industrial Districts located on each side of U.S. 12 from the City of New Buffalo City limit to the state line and each side of Grand Avenue. Grow, processors, and secure transporters are permitted as special land uses in the Industrial Districts located on each side of U.S. 12 from the City of New Buffalo City limit to the state line. This is comprised of approximately 500 feet in depth measured from the lot line at the road.
Provisioning centers/retailers and microbusinesses are permitted as special land uses in the portions of the C-1 and C-2 Zoning Districts located on each side of U.S. 12 from the east side of I-94 at Exit 4 to Hoder Road. This is comprised of approximately 500 feet in depth measured from the lot line at the road.
Provisioning centers/retailers and microbusinesses are permitted as special land uses in the portions of the C-1 and C-2 Zoning Districts located on each side of Harbor Country Drive and M-239 from Holiday Drive to the state line, including the south side Holiday Drive to Kinst Road and O'Brien Court. This is comprised of approximately 500 feet in depth measured from the lot line at the road.
Map A is meant as a guideline for location of a marihuana business. The language of the ordinance sets the boundaries and is only intended on major roadways including parts of US 12, M-239, O'Brien Ct, Holiday Dr, and Grand Ave.[3] If there are disputes as to the location of a Marihuana Business Overlay Zone boundary, the Zoning Board of Appeals will resolve the dispute in accordance with the Zoning Ordinance.
In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this section is required for all development occurring within the Marihuana Business Overlay Zone.
Permitted uses. There are no uses permitted by right in the Marihuana Business Overlay Zone, other than uses permitted by right in the underlying zoning districts.
§ 455-2.3 Zoning Map.
The boundaries of the zoning districts established by the chapter are shown on a map or series of maps designated the "Official Zoning Map." The Official Zoning Map including all notations, references, data and other information shown therein, is adopted and made a part of this chapter as fully as if it were contained within the pages of this chapter.
Location. The Official Zoning Map is filed in the office of the Zoning Administrator.
Updates. The Township Board may adopt amendments to the district boundaries designated on the Official Zoning Map upon review and recommendation by the New Buffalo Township Planning Commission. Updates to the Official Zoning Map shall be initiated at the Planning Commission level for approval by the Township Board.
Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
Zoning district boundaries. Where uncertainty exists with respect to the boundaries of the various districts, the following rules shall apply:
The district boundaries are public rights-of-way, including streets, roads, places, and alleys unless otherwise shown; where the districts designated on the Official Zoning Map are approximately bounded by street, road, place, or alley lines, the center lines of the same will be construed as the boundary of the district.
Boundaries indicated as approximately following platted lot lines or Township limits shall be construed as following such lot lines or Township limits.
Boundaries indicated as following railroad lines shall be construed to be the midpoint between the main tracks.
Boundaries indicated as parallel to or extensions of features indicated in Subsection C(1) through (3) shall be so construed by legal descriptions confirmed if necessary, by certified survey by a licensed surveyor. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
Where physical or natural features existing on the ground differ from those shown on the Zoning Map, or in other circumstances not covered by this section, the Zoning Board of Appeals shall interpret the district boundaries using a certified survey by a licensed surveyor as support.
For the sake of map clarity, various districts may not cover public rights-of-way. It is intended that such district boundaries extend to the center of any public right-of-way.
Any dispute in the determination of the zoning district boundaries shall be heard by the Zoning Board of Appeals with supporting materials from a licensed surveyor where the Board deems appropriate.
Properties with multiple zoning designations. Except as otherwise delineated, where there is a lot with General Commercial C-1 split zoning along highway frontage, the C-1 zone shall extend back from the lot line at the road 500 feet if the parcel is, on average, 1,000 feet or more in depth, or if the average depth of the parcel is less than 1,000 feet, the C-1 zone shall include the full parcel.
Zoning of vacated areas. Whenever all of part of a street, alley, or other public way is vacated, it shall automatically become a part of the district to which it attaches. If a vacated area is bordered by two different districts, the area is divided along a line halfway between them, and each half is assigned to the adjacent zone, unless the Township Board designates otherwise.