The special districts in this article are designed to promote the public health, safety, welfare, convenience, and prosperity. These districts are intended to enhance the attractiveness, vitality, economic value, and utilization of the city's lakefront and riverfront areas, and to protect sensitive and unique environmental areas. In addition, at least one special district is intended to permit a complex mix of land uses that otherwise would be very difficult to achieve using the other districts in this ordinance.

9.2.1.

Intent. The purpose of this district is to retain or conserve insofar as is practicable, the open character of certain waterfront, ravines and scenic overlooks.

9.2.2.

Authorized Uses. In an OS Open Space District, no building or land shall be used and no building shall be erected or relocated, except for one or more of the uses allowed by right, by right with conditions or by special use permit as listed on Table 4-2, Section 4.6.4.

9.2.3.

Accessory Buildings, Structures and Uses, Parking and Signs.

A.

Accessory uses listed in Table 4-3, Section 4.6.5 are permitted with any additional requirements as listed on the table, or in Article III.

B.

Signs; see Chapter 25—Code of Ordinances of the City of St. Joseph, Michigan.

C.

Vehicle parking; see Article XVIII.

9.2.4.

Special Uses and Conditional Uses. The special uses specified in Table 4-2, Section 4.6.4, shall be allowed provided they meet the specified standards imposed for a particular use and subject further to the standards and procedures of Article XI, Special Use and Conditional Use Regulations.

9.2.5.

Planned Unit Developments. Any uses permitted in Open Space Districts may be allowed by planned unit development, provided they meet the standards and procedures of Article XIII, Planned Unit Development Regulations.

9.2.6.

Dimensional Requirements. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards, maximum lot coverage, minimum floor area and maximum height of buildings specified in the schedule of district regulations in Article V of this ordinance, except as otherwise stated in the above text of this district or as modified by Article III, General Provisions, Article XI, Special Use and Conditional Use Regulations or Article XIII, Planned Unit Development Regulations, or as varied by the zoning board of appeals pursuant to Article XV of this ordinance.

9.3.1.

Intent. To encourage and facilitate a limited number of recreationally oriented or related uses that are compatible with the city's lakefront and riverfront areas. This district is intended to support activities that are not necessarily directly dependent upon access to a water body, but are directly associated with water-dependent or waterway uses. Includes land-based intense commercial and recreational uses and boat-related services and sales where the potential for development attracts the public for its nautical ambience and amenity.

9.3.2.

Authorized Uses In a W Water Recreation District, no building or land shall be used and no building shall be erected or relocated, except for one or more of the uses allowed by right, by right with conditions or by special use permit as listed on Table 4-2, Section 4.6.4.

9.3.3.

Accessory Buildings, Structures and Uses, Parking and Signs.

A.

Accessory uses listed in Table 4-3, Section 4.6.5 are permitted with any additional requirements as listed on the table, or in Article III.

B.

Signs; see Chapter 25—Code of Ordinances of the City of St. Joseph, Michigan.

C.

Vehicle parking; see Article XVIII.

9.3.4.

Special Uses and Conditional Uses. The special uses specified in Table 4-2, Section 4.6.4, shall be allowed provided they meet the specified standards imposed for a particular use and subject further to the standards and procedures of Article XI, Special Use and Conditional Use Regulations.

9.3.5.

Planned Unit Developments. Any uses permitted in Water Recreation Districts may be allowed by planned unit development, provided they meet the standards and procedures of Article XIII, Planned Unit Development Regulations.

9.3.6.

Dimensional Requirements. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards, maximum lot coverage, minimum floor area and maximum height of buildings specified in the schedule of district regulations in Article V of this ordinance, except as otherwise stated in the above text of this district or as modified by Article III, General Provisions, Article XI, Special Use and Conditional Use Regulations or Article XIII, Planned Unit Development Regulations, or as varied by the zoning board of appeals pursuant to Article XV of this ordinance.

9.4.1.

Intent. The Downtown Height Overlay District (DH-OD) is an overlay district intended to preserve the character of the traditional downtown shopping district, which is found to be a valuable public resource of the community, while also acknowledging that in limited instances the benefits to the community of allowing varying building heights may justify varying from the normal standards. The DH-OD includes all lands in any zoning district in the area bounded by Main Street on the east, Port Street on the north, Lake Boulevard on the west, and Market Street on the south.

A.

The character of the downtown shopping district is recognized to be a valuable asset to the citizens of the city and the state. The DH-OD is created for reasons including, but not limited to, the following: to provide specific regulations which shall further the maintenance of safe and healthful conditions, prevent and control visual pollution, and reasonably limit the impact of inappropriate development on a valuable community cultural and economic resource while recognizing that in some circumstances it is possible to vary from the normal standards for the betterment of the community.

B.

It is recognized that the character of the downtown shopping district is a community resource composed of many privately and publicly owned elements, and which is greater than the sum of its individual components, and which affects the viability of the community as a whole as well as the well being of individual property owners, and thus must be regulated in a manner that reasonably balances the uses afforded to private property owners with the rights of the general public and the community.

9.4.2.

Structure Development. The installation, construction and operation of structures within the DH-OD shall be regulated so as to preserve the character of the traditional downtown shopping district, enhance the economic value of properties, and minimize the negative impact associated with degradation of public sight lines, as follows:

A.

A building in the DH-OD Overlay District and fronting on State Street, Broad Street, Pleasant Street, or Ship Street must be built to the front lot line for at least 75 percent of the lot width and must have at least two stories along that front lot line.

B.

A building in the DH-OD Overlay District may exceed a building height of 55 feet only in the following circumstances:

1.

The Building must be approved through the special use permit procedure, as described in Article XI, unless otherwise approved as a planned unit development as described in Article XIII, a Variance as described in Article XV, or a nonconformity as described in Article XXI.

2.

To be approved through the special use permit procedure, in addition to the standards described in Article XI, the applicant must demonstrate that the proposal, if approved, would result in benefits to the traditional downtown shopping district and to the community as a whole that outweigh any substantial negative impact upon the character of the downtown shopping district.

C.

To the extent of any conflict between the regulatory provisions contained in this section and other provisions of the zoning ordinance, the restrictions contained in this section shall control.

D.

In the event the city commission, planning commission, or zoning board of appeals should consider approving or recommending approval of a special use permit, planned unit development, variance, or any other request to construct a structure in this DH-OD with a building height in excess of 55 feet, in addition to the standards otherwise applicable to the particular request involved, that body must also affirmatively find that any substantial negative impact upon the character of the downtown shopping district potentially resulting from the approval of the request will be outweighed by other benefits to the community of the proposed structure.

E.

All projects or structures for which final zoning approvals were granted by the city prior to the effective date of this section shall be exempt from application of this section, conditioned upon the owner's or developer's full compliance with all of the original conditions of approval.

9.5.1.

Intent. The Lake Bluff Scenic View Protection Overlay District (LB-OD) is an overlay District intended to limit the environmental and aesthetic degradation associated with destroying public sight lines, which are found to be a valuable public resource of the community. The LB-OD includes all lands in any zoning district generally northwesterly of the Lake Bluff Park, between the St. Joseph River to the north and Elm Street to the south. See Map 9-1.

A.

The public sight lines from Lake Bluff Park toward the Lake Michigan Shoreline are recognized to be a valuable asset to the citizens of the city and the state. The LB-OD is created for reasons including, but not limited to, the following: to provide specific regulations which shall further the maintenance of safe and healthful conditions, prevent and control visual pollution, reasonably limit the impact of development on a valuable natural resource, provide for access of light and air for adjacent properties by controlling overall height of structures within the LB-OD, and controlling development so as to preserve the economic and environmental value of beach areas;

B.

It is recognized that the public sight lines of the city are a shared resource of relatively fixed supply, and thus must be regulated in a manner that reasonably balances the use afforded to private property owners with the rights of the general public;

C.

It is the intent of this section to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, and subsequent enactment in the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, as amended, and all relevant state regulatory provisions.

9.5.2.

Structure Development. The installation, construction and operation of structures within the LB-OD shall be regulated so as to protect natural beauty, enhance the economic value of properties, and minimize the negative impact associated with degradation of public sight lines, as follows:

A.

The highest point of any structure in the LB-OD shall not exceed the elevations identified on a map designated as "The Official Lake Bluff Scenic View Protection Overlay District Map of the City of St. Joseph." See Map 9-1. The Official Lake Bluff Scenic View Protection Overlay District Map shall be kept in the office of the zoning administrator, and shall be available to the public for review and inspection during all regular city hall hours of business.

B.

The Official Lake Bluff Scenic View Protection Overlay District Map shall include a rectangular grid overlay dividing the LB-OD into squares, with each square of that grid representing an area of land 50 feet on each side. The grid's north-south lines shall be parallel to the easterly line of the right-of-way for Lake Street, and the grid's east-west lines shall be parallel to the northerly line of the right-of-way for Elm Street. The grid squares shall be identified from south to north by the letters A through X, and from east to west by the numbers one through 37; thus, the square in the southeasterly corner of the grid shall be identified as A-1, and the square in the northwesterly corner of the grid shall be identified as X-37. The grid's fixed reference point is the northeasterly corner of the intersection of the rights-of-way for Elm Street and Lake Street, which point shall coincide with the southeast corner of grid square A-17. The highest point of any structure within a grid square shall not exceed the elevation reference set forth in that grid square on the map. All such elevations shall be based upon and tied to North American Vertical Datum 1988 (NAVD88).

C.

For purposes of this section, "highest point" shall mean relevant elevation at the highest point of a structure, inclusive of (but not limited to) all peaks, gables, hips, spires, chimneys and all other appurtenances of the structure, of any kind or nature.

D.

To the extent of any conflict between the regulatory provisions contained in this section and other provisions of the zoning ordinance, the restrictions contained in this section shall control, except that if the maximum building height otherwise specified in the property's zoning district would result in a lower highest point of a structure than would be permitted under this section, then the maximum height specified in the zoning district shall control.

E.

In the event the city commission, planning commission, or zoning board of appeals should consider approving or recommending approval of a special use permit, planned unit development, variance, or any other request to construct a structure in this LB-OD with a highest point exceeding the elevation designated in the map, in addition to the standards otherwise applicable to the particular request involved, that body must also affirmatively find that any substantial negative impact upon the public views resulting from approving the request will be outweighed by other benefits to the public of the proposed structure.

F.

All projects or structures for which final zoning approvals were granted by the city prior to the effective date of this ordinance shall be exempt from application of this section, conditioned upon the owner's or developer's full compliance with all of the original conditions of approval.

9.5.3.

The Official Lake Bluff Scenic View Protection Overlay District Map of the City of St. Joseph.

9.6.1.

Intent. Certain portions of the City of St. Joseph are subject to periodic or seasonal inundation which may result in flood damage to property; health and safety hazards of loss of life; disruption of commercial, industrial, and municipal and other economic activities; and adverse effects upon the general welfare of the community. It is the purpose of this section to significantly reduce hazards to Persons and damage to property as a result of flood conditions in St. Joseph, and to comply with the provisions and requirements of (1) the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128, and subsequent enactments and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the Federal Register, vol. 44 CFR, Part 59, October 1, 1995 and subsequent amendments, and (2) the relevant requirements of the Michigan Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended. Further, the objectives of this section include:

A.

The protection of human life, health and property from the dangerous and damaging effects of flood conditions.

B.

The minimization of public expenditures for flood control of projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes and neighborhoods, commercial and industrial areas.

C.

The prevention of private and public economic loss and social disruption as a result of flood conditions.

D.

The maintenance of stable development patterns not subject to the blighting influence of flood damage.

E.

To insure that the public has access to information indicating the location of land areas subject to periodic flooding.

F.

To preserve the ability of floodplains to carry and discharge a base flood.

9.6.2.

Definitions. Unless specifically defined below, words or phases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. The following definitions apply to terms used in Sections 9.6.1 through 9.6.10:

Areas of special flood hazard means the land in the floodplain within the City of St. Joseph, subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equaled, or exceeded, in any given year.

Development, as used in Sections 9.6.1 through 9.6.10, means any man-made change, including remodeling or other substantial improvement, to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, mobile home placement, excavation, or drilling operations located within the area of special flood hazard.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or Lake Michigan waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain means any land area susceptible to being inundated by water from any source (see definition of flood).

Floodway means the channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood.

Flood insurance rate map (FIRM) means the official map(s) on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards, and the risk premium zones applicable to the community. The FIRM panels listed on index panel 26021CIND0B, effective April 25, 2024 are the effective FIRM panels for the city.

Flood insurance study means the official report provided by the Federal Emergency Management Agency (FEMA) that includes flood profiles, and the water surface elevation of the base flood, entitled "Flood Insurance Study for Berrien County, All Jurisdictions," effective April 25, 2024.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure (excluding land) either:

A.

Before the repair or improvement is started, or

B.

If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure.

Variance means a grant of relief from the requirements of this ordinance which permits construction in a matter that would otherwise be prohibited by this ordinance.

9.6.3.

Areas of Special Flood Hazard. The areas of special flood hazard identified on the flood insurance rate map (FIRM) panels listed on index panel 26021CIND0B, effective April 25, 2024 shall be used as the official map depicting flood hazard areas under this ordinance.

9.6.3.1.

Floodplain Overlay District. The areas identified as a Special Flood Hazard on the flood insurance rate maps (FIRM) panels 26021C0084D, 26021C0101D, 26021C0102D, and 26021C0103D, effective April 25, 2024.

Map 9-1 - Areas of Special Flood Zone Hazard

Index Panel 26021 COND0B

Map 9-2 - Areas of Special Flood

Index Panel 260210084D

Map 9-3 - Areas of Special Flood Hazard Index Panel 26021C0101D

Map 9-4 - Areas of Special Flood Hazard Index Panel 26021C0102D

Map 9-5 - Areas of Special Flood Hazard Index Panel 26021C0103D

9.6.4.

Designation and Duties of the Zoning Administrator. The zoning administrator is hereby appointed administrator and shall review all development and subdivision proposals to ensure compliance with this section. A log shall be maintained by year of all building permits issued for areas within the areas of special flood hazard. In addition, the duties of the zoning administrator shall include, but are not limited to:

A.

Notification of adjacent communities and the Department of Environmental Quality of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration.

B.

Recording of written notification to all applicants to whom variances are granted in an area of special flood hazard indicating the terms of the variance, the increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

C.

All records and maps pertaining to the National Flood Insurance Programs shall be maintained in the office of the zoning administrator and shall be open for public inspection.

D.

It shall be the responsibility of the zoning administrator to obtain and utilize the best available flood hazard data for purposes of administering this ordinance in the absence of data from the Federal Insurance Administration.

9.6.5.

Development Prohibition and Allowable Uses. All development shall be prohibited within the areas of special flood hazard, except as provided below. It shall be further a requirement that any structure built in the areas of special flood hazard have its lowest floor, including basement, one foot above the base flood elevation for any area.

A.

Within the areas of special flood hazard, no land shall be used except for one or more of the following uses:

1.

Harvesting of a native or wild crop permitted by law such as wild rice, marsh hay, berries and seeds.

2.

Harvesting of trees.

3.

Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, bridle paths, nature paths and trails.

4.

Wildlife preserves.

5.

Historic sites and structures.

6.

Swimming beaches, fishing and boating docks in accord with Part 301 of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, as amended.

7.

Required open space or yard for structural uses that are landward of the areas of special flood hazard.

B.

Accessory structures and uses are permitted in the areas of special flood hazard, provided they are constructed/used in a manner consistent with the requirements of authorized uses (above) and accessory uses (below):

1.

Off-street parking, streets, roads, bridges, outdoor play equipment, sheds and garages, boathouses, boat hoists, utility lines, pumphouses, bleachers, bank protection structures, signs, fences, gazebos and similar outdoor equipment and appurtenances, provided each of the following requirements are met:

a.

The structure would not cause an increase in water surface elevation, obstruct flow or reduce the impoundment capacity of the floodplain.

b.

All equipment and structures shall be anchored to prevent flotation and lateral movement.

c.

Compliance with these standards is certified by an engineering finding by a registered engineer.

C.

Dredging and filling and/or dumping or backfilling with any material in any manner is prohibited unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved, and unless all applicable state regulations are met, including, but not limited to, approvals pursuant to the Natural Resources and Environmental Protection Act, P.A. 451 of 1994 as amended and all applicable administrative rules adopted thereunder.

9.6.6.

Variances. Any variance requests shall be heard and decided by the zoning board of appeals subject to the following requirements:

A.

Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

B.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of paragraphs C.1, 2, 3 and 4 of this section.

C.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and

4.

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D.

Variances may only be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of paragraphs A, B, and C. of this section are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

E.

The zoning administrator shall notify the applicant in writing over their signature that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

2.

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions as required in section F. below.

F.

The zoning administrator shall:

1.

Maintain a record of all variance actions, including justification for their issuance; and

2.

Report such variances issued in its annual or biennial report submitted to the Administrator of the Federal Insurance Emergency Management Agency (FEMA).

9.6.7.

Mapping Disputes.

A.

Where disputes arise as to the location of the areas of special flood hazard, or the limits of the floodway, the zoning board of appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the zoning board of appeals shall be based upon the most current floodplain studies issued by the Federal Emergency Management Agency (FEMA). Where FEMA information is not available, elevation information from the Michigan Department of Environment, Great Lakes and Energy (EGLE) shall take precedence.

B.

Where a dispute involves an allegation that the boundary is incorrect as mapped and FEMA floodplain studies are being questioned, the property owner may apply for a letter of map amendment to remove an area from the mapped floodplain. FEMA is the only agency that can alter the Flood Insurance Rate Maps (FIRMs).

C.

All parties to a map dispute may submit technical evidence to the zoning board of appeals.

9.6.8.

General Standards for Flood Hazard Reduction.

A.

No building or structure shall be erected, converted or substantially improved or placed, and no land filled or structure used in an area of special flood hazard unless a zoning permit, or variance from the zoning board of appeals, is obtained, which approval shall not be granted until a permit from the Department of Environment, Great Lakes and Energy (EGLE) has been obtained. 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.

B.

All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.

C.

The zoning administrator shall review development proposals to determine compliance with the standards in this section.

D.

Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section.

E.

The flood carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to ensure flood carrying capacity shall be maintained.

F.

Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by FEMA shall take precedence over data from other sources.

9.6.9.

Areas of Special Flood Hazard Application Information. In addition to the information required with an application for a zoning permit, special use permit, variance, or any other type of development permission required under this ordinance the following information shall be submitted as part of an application for permission to commence any type of development within an area of special flood hazard:

A.

The elevation in relation to mean sea level of the lowest floor, including basement, of all structures;

B.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

C.

Proof of development permission from appropriate local, state, and federal agencies as required by section 9.6.8.A above, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environment, Great Lakes and Energy (EGLE);

D.

Base flood elevation data where the proposed development is subject to Public Act 288 of 1967, the Land Division Act, or the land is greater than five acres in size; and

E.

Additional information which may be reasonably necessary to determine compliance with the provisions of this ordinance.

9.6.10.

Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Approval of the use of land under this article shall not be considered a guarantee or warranty of safety from flood damage. This ordinance also does not imply that areas outside of the areas of special flood hazard will be free from flood damage. This ordinance does not create liability on the part of the City of St. Joseph or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. of 3-4-24(2))

9.7.1.

Intent. The Edgewater Beach Overlay District (EB-OD) is an overlay district intended to preserve the character of the public trust land along the shore of Lake Michigan, which is found to be a valuable public resource of the community, to prevent damage to the public trust land and to prevent damage to private property.

Based on the record presented the city finds that during periods of low Lake Michigan water levels, sand accretion in this district tends to significantly enlarge the beach and to enlarge affected parcels in this district. This additional land area can be seen by property owners as permanent and attractive for development. The character of the public trust land along the Lake Michigan shoreline, as well as viewsheds along the shoreline from public parks included in and adjacent to this district, is compromised by development in immediate proximity to the public trust land.

Based on the record presented the city further finds that the beach and property area near the shoreline is subject to submergence and erosion during periods of higher Lake Michigan water levels and resulting from weather conditions. It has been demonstrated that current state and federal development standards for the Lake Michigan shoreline, such as the Ordinary High Water Mark (OHWM) and the base flood elevation, do not ensure that property shoreward of those locations is protected from erosion, inundation, or damage during such periods of time and/or weather events. The OHWM is not intended to reflect these periods of peril, and the base flood elevation is a still water elevation that does not take into account the effect of wave action. The city further understands that revised federal floodplain regulations are being developed to take into account additional environmental factors such as waves and to provide an improved standard of floodplain development protection, but implementation of these regulations will not likely occur for several years.

When erosion threatens a structure legally built near the shoreline, a natural reaction for the owner is to attempt to construct a seawall or implement similar shore protection measures. Shore protection measures in this district would diminish significantly the character of the public trust land and pose an increased threat of erosion and damage to the public trust land as well as to adjacent private property.

The city has long experience with the detrimental effects of seawalls and shore protection structures constructed over a period of many years in response to erosion south of the St. Joseph River. These shore protection structures were and are necessary to protect previously developed areas of the city which are otherwise subject to regular and ongoing erosion. However, given the physical, environmental, and developmental characteristics of the EB-OD, including generally large lots which need not be developed near to the water's edge to be economically viable and that the area is generally benefitting from accretion rather than persistent erosion, the city believes that shore protection measures should not be necessary in this area and would be detrimental to the public health, safety and welfare for reasons further identified and set forth in the City of St. Joseph, Michigan Coastal Engineering Study, dated August 17, 2012, a copy of which is on file with the city.

The city believes the most appropriate, effective and reasonable method to further the public interests of protecting natural resources; preserving the economic and environmental well-being of the community; to protect the health, safety and general welfare of the community; and the general preservation or enhancement of property values is to restrict the construction of structures so near to the water's edge as to be detrimental to the character of the public trust property and/or the vistas from neighboring public parks; and/or to be susceptible to damage resulting from inundation or erosion or to create an apparent future need for seawalls or other shore protection measures in order to protect these structures from damage resulting from inundation or erosion; and/or to be potentially built in a location that will render the structure nonconforming under the future federal floodplain protection regulations currently under development.

These regulations are intended to preserve the character of the public trust property along the shoreline, protect the vistas from neighboring public parks, and prevent the construction of structures and shore protection measures which would have deleterious effects on the public trust property as well as neighboring private property.

These regulations are also supported by the comprehensive plan, as the future land use map indicates lakefront property in this area should be used as open space and the supporting text indicates that open space areas should be maintained and encouraged along the shoreline.

9.7.2.

Description of District. The EB-OD includes all lands in any zoning district located north of the St. Joseph River and situated lakeward of a line sequentially connecting the following points described by Michigan State Plane Grid Coordinates, South Zone, Grid, NAD 83, U.S. Survey Feet and as illustrated in Map 9-3, Area of Edgewater Beach Overlay District:

9.7.2.1.

Area of Edgewater Beach Overlay District.

Map 9-3 Area of Edgewater Beach Overlay District

9.7.3.

Structure Development. For the reasons set forth in Subsection 9.7.1 and elsewhere in this ordinance, the installation, construction and operation of structures, which for the purpose of this section includes seawalls and shore protection measures, within the EB-OD shall be subject to the following:

A.

No structure shall be installed or constructed in the EB-OD. The following are not considered a structure for purposes of this section only:

1.

Public recreational equipment in public parks;

2.

Open, unroofed walkways, including those constructed of pavers or similar objects;

3.

Stairs and similar open, unroofed structures that are set on the surface of the ground and which are not attached to a structure; and

4.

Freestanding signs.

B.

For the purposes of this section, shore protection measures does not include temporary fencing not more than four feet in height and with openly spaced slats or weaves, placed seasonally between October 1 and May 1 to influence the accumulation of sand and/or snow and which does not prevent public passage across the public trust property.

C.

In the event the provisions of the EB-OD prevents the development or use of a lot existing on the effective date of this amendment for the purposes permitted in the zoning district, or creates practical difficulties or unnecessary hardship for the use of such a lot, the property owner may seek a hardship planned unit development under the terms of this ordinance for lands within the EB-OD or a hardship planned unit development or variance for lands adjacent to the EB-OD.

D.

If any lot within or partially within the EB-OD is divided or the subject of a boundary adjustment after the effective date of this amendment such that any resulting parcel is nonbuildable due to the regulations of this section, except for a boundary adjustment that has the effect of lessening a nonconformity with respect to this section, it will be deemed a voluntary action of the property owner and will disqualify the resulting nonbuildable parcel from receiving a variance or hardship planned unit development.

E.

In the event the provisions of the EB-OD render nonconforming any structure which is existing or which is the subject of a valid building permit and under construction on the effective date of this amendment, this shall not be deemed a voluntary action of the property owner and will not disqualify the parcel from receiving a hardship planned unit development under the procedures described in this ordinance for lands within the EB-OD or a hardship planned unit development or variance if on lands adjacent to the EB-OD.

F.

Variances shall not be permitted within the EB-OD.

G.

To the extent of any conflict between the regulatory provisions contained in this section and other provisions of the zoning ordinance, the restrictions contained in this section shall control.

9.8.1.

Intent. The Main Street Corridor Overlay District (MS-OD) is an overlay district intended to allow more residential housing options, specifically including residential housing on the ground floor, within the busy mixed use Main Street corridor. The MS-OD recognizes there is a declining demand for office space and an increasing demand for additional residential dwelling options, and the need to maintain and preserve an attractive gateway that transitions from a mix of low intensity commercial, office, and residential uses to the downtown shopping district. Other objectives of this section include the following:

A.

The MS-OD Overlay District is created to address local housing and commercial office trends in recognition of the increased demand for diversity in housing options within walking distance to the downtown and the decreased demand for commercial office space, and to provide flexibility to meet changing needs of housing and commercial office space while preserving and maintaining attractive, nicely landscaped, neighborhood compatible, low intensity commercial, office, and residential uses.

B.

It is recognized that this district, although composed of many commercial, office and residential uses, has a largely residential character, especially along the west side of the street, with many older residential structures being preserved and maintained while converted to ground floor office use and second floor residential use. In addition, there are buildings constructed for low intensity commercial or office use that may be appropriate for residential purposes.

C.

It is also recognized that this district provides an important transition not only to the downtown, but to many single and two-family residences and neighborhoods. Regulations are needed to balance the uses afforded to those within this district, those adjacent to this district, and to protect the well-being of the community as a whole.

D.

The Main Street Corridor Overlay District is intended to provide a method to achieve the goals and objectives of the City's 2016 Maser Plan and 2020 Downtown Vision Master Plan to provide additional housing opportunities within walking distance to the downtown

9.8.2.

District Boundaries and Description. The MS-OD includes all properties in the CO-A Commercial Office zoning district and the C Commercial zoning district that abut Main Street located between Broad Street on the north Jones Street on the south, excluding properties located in the R-1 Single Family Residence and D Downtown zoning districts and planned unit developments.

9.8.3.

Authorized Uses. The following uses are authorized in the MS-OD:

A.

All uses allowed in the property's underlying zoning district are permissible provided they meet the underlying zoning district's required standards and conditions imposed for such use.

B.

Single family, two family and multi-family residential uses are permissible on any floor in the principal building.

9.8.4.

Structure Development. The construction, reconstruction, alteration, maintenance and operation of the principal buildings within the MS-OD shall be subject to the following restrictions:

A.

One principal building shall be permitted on each parcel;

B.

Each dwelling unit shall be located in the principal building;

C.

Each dwelling unit shall have a minimum floor living area of 600 square feet.

D.

The number of dwelling units located within the principal building on a parcel shall not exceed four units unless approved as a planned unit development in accordance with Article XIII, Planned Unit Development Regulations.

9.8.5.

Dimensional Regulations. The district regulations set forth in Article V, Table 5-1 for the MS-OD are modified as follows for the residential use on the ground floor of any building constructed, building footprint expanded, or land developed, including land divisions, boundary adjustments and land combinations, after the effective date of this ordinance:

A.

The minimum lot size is 4,000 square feet.

B.

The minimum lot width is 33 feet.

C.

The maximum lot width is 66 feet.

D.

The maximum building or structure height is 35 feet.

E.

The minimum front setback is 15 feet.

F.

The minimum side setback is seven feet.

G.

The minimum rear setback is 30 feet.

H.

The maximum lot coverage for a property with all residential use is 45 percent; the maximum lot coverage for all other uses, including mixed use, is based on the underlying zoning district regulations.

9.8.6.

Parking and Access Requirements. Article XVIII Off-Street Parking Requirements and Article III, Section 3.26.1 Access Management Standards apply to the MS-OD with the following modifications:

A.

Driveway access to the lot shall be from the alley abutting the lot or other local street; there shall be no driveway access from Main Street unless existing on the effective date of this ordinance.

B.

Parking shall be located behind the front building line of the principal building unless existing on the effective date of this ordinance.

9.8.7.

Accessory Uses and Structures.Section 3.9, Accessory Uses and Structures, and Table 4-3 Common Accessory Uses, Building and Structures Allowed shall be applied to the property based on the principal use of the property rather than the underlying zoning district.

9.8.8.

Special and Conditional Uses. The special and conditional uses specified in Article XI, Special Use and Conditional Use Regulations, shall be allowed based on the underlying zoning district subject to the required procedures and provided they meet the specified standards imposed for a particular use.

9.8.9.

Planned Unit Development. Any uses permitted in the underlying zoning district may be allowed by planned unit development, provided they meet the standards and procedures of Article XIII, Planned Unit Development Regulations.

9.8.10.

Variance Procedure. The zoning board of appeals shall hear and decide appeals and requests for dimensional variances from the requirements of this section consistent with the procedures set forth in Article XV, Review and Decision-Making Bodies, upon a finding of compliance with the standards of Section 15.4.10.

9.8.11.

Zoning Ordinance. All provisions of the Zoning Ordinance of the City of St. Joseph not hereby amended remain in full force and effect; however, to the extent of any conflict between the regulatory provisions contained in this section and other provisions of the zoning ordinance, the restrictions contained in this section shall control.

(Ord. of 7-26-21(2))

9.9.1.

Intent. The Niles Avenue Overlay District (NA-OD) is an overlay district intended to allow more residential housing options, specifically including residential housing on the ground floor, within a two-block section of Niles Avenue that is otherwise zoned commercial. The NA-OD recognizes there is a declining demand for office space and an increasing demand for additional residential dwelling options. Other objectives of this section include the following:

A.

The NA-OD Overlay District is created to address local housing and commercial office trends in recognition of the increased demand for diversity in housing options within walking distance to the downtown and the decreased demand for commercial office space, and to provide flexibility to meet changing needs of housing and commercial office space while preserving and maintaining attractive, nicely landscaped, neighborhood compatible, low intensity commercial, office, and residential uses.

B.

It is recognized that this district, although composed of commercial and office uses, lies in an area with a largely residential character, especially along its western side, and many of the district's structures are former residential structures which, while presently used for low intensity commercial or office use, may be appropriate for residential purposes.

C.

It is also recognized that this district provides an important transition to many single and two-family residences and neighborhoods. Regulations are needed to balance the uses afforded to those within this district, those adjacent to this district, and to protect the well-being of the community as a whole.

D.

The Niles Avenue Overlay District is intended to provide a method to achieve the goals and objectives of the city's master plan to provide additional housing opportunities within walking distance to convenience retail, food and drink, general retail, office, medical service, and personal service establishments.

9.9.2.

District Boundaries and Description. The NA-OD includes all properties in the C Commercial zoning district that abut the west side of Niles Avenue, located between Comings Avenue on the north and Botham Avenue on the south.

9.9.3.

Authorized Uses. The following uses are authorized in the NA-OD:

A.

All uses allowed in the property's underlying zoning district are permissible provided they meet the underlying zoning district's required standards and conditions imposed for such use.

B.

Single family, two family and multi-family residential uses are permissible on any floor in the principal building.

9.9.4.

Structure Development. The construction, reconstruction, alteration, maintenance and operation of the principal buildings within the NA-OD shall be subject to the following restrictions:

A.

One principal building shall be permitted on each parcel;

B.

Each dwelling unit shall be located in the principal building;

C.

Each dwelling unit shall have a minimum floor living area of 600 square feet.

D.

The number of dwelling units located within the principal building on a parcel shall not exceed four units unless approved as a planned unit development in accordance with article XIII, Planned Unit Development Regulations.

9.9.5.

Dimensional Regulations. The district regulations set forth in article V, Table 5-1 for the NA-OD are modified as follows for the residential use on the ground floor of any building constructed, building footprint expanded, or land developed, including land divisions, boundary adjustments and land combinations, after the effective date of this ordinance:

A.

The minimum lot size is 4,000 square feet.

B.

The minimum lot width is 33 feet.

C.

The maximum lot width is 66 feet.

D.

The maximum building or structure height is 35 feet.

E.

The minimum front setback is 15 feet.

F.

The minimum side setback is seven feet.

G.

The minimum rear setback is 30 feet.

H.

The maximum lot coverage for a property with all residential use is 45 percent; the maximum lot coverage for all other uses, including mixed use, is based on the underlying zoning district regulations.

9.9.6.

Parking and Access Requirements. Article XVIII, Off-Street Parking Requirements, and article III, section 3.26.1, Access Management Standards, apply to the NA-OD with the following modifications:

A.

Driveway access to the lot shall be from the alley abutting the lot or other local street; there shall be no driveway access from Niles Avenue unless existing on the effective date of this ordinance.

B.

Parking shall be located behind the front building line of the principal building unless existing on the effective date of this ordinance.

9.9.7.

Accessory Uses and Structures.Section 3.9, Accessory Uses and Structures, and Table 4-3, Common Accessory Uses, Building and Structures Allowed, shall be applied to the property based on the principal use of the property rather than the underlying zoning district.

9.9.8.

Special and Conditional Uses. The special and conditional uses specified in article XI, Special Use and Conditional Use Regulations, shall be allowed based on the underlying zoning district subject to the required procedures and provided they meet the specified standards imposed for a particular use.

9.9.9.

Planned Unit Development. Any uses permitted in the underlying zoning district may be allowed by planned unit development, provided they meet the standards and procedures of article XIII, Planned Unit Development Regulations.

9.9.10.

Variance Procedure. The zoning board of appeals shall hear and decide appeals and requests for dimensional variances from the requirements of this section consistent with the procedures set forth in article XV, Review and Decision-Making Bodies, upon a finding of compliance with the standards of section 15.4.10.

9.9.11.

Zoning Ordinance. All provisions of the Zoning Ordinance of the City of St. Joseph not hereby amended remain in full force and effect; however, to the extent of any conflict between the regulatory provisions contained in this section and other provisions of the zoning ordinance, the restrictions contained in this section shall control.

(Ord. No. 2024-15, 5-29-24)