CITY OF NEW BUFFALO
BERRIEN COUNTY, MICHIGAN
ORDINANCE NO. 282
At a regular meeting of the City Council for the City of New Buffalo held at City Hall on July 20, 2026 and commencing at 6:32 p.m., the following Ordinance was offered for adoption by Council Member Robertson and was seconded by Council Member Knoll:
AN ORDINANCE TO AMEND ARTICLE 8, SECTIONS Z8-02, Z8-04 AND Z8-05 OF THE CITY OF NEW BUFFALO ZONING ORDINANCE.
THE CITY OF NEW BUFFALO (THE “City”) ORDAINS:
Section 1. Amendment to Article 8, Section Z8-02 of the City of New Buffalo Zoning Ordinance. That Article 8, Section Z8-02 is hereby amended to read in its entirety as follows:
Section Z8-02 Zoning procedures responsibilities.
A. Zoning Administrator. Except where herein otherwise stated, the provisions of this Ordinance shall be administered by the Zoning Administrator, or such other official or officials as may be designated by the City Council. The Zoning Administrator shall have the power to:
1. Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance.
2. Review applications for and issue zoning permits and certificates of occupancy.
3. Issue and serve appearance tickets on any person with respect to any violation of this Ordinance where there is reasonable cause to believe that the person has committed such an offense.
4. Maintain and safely keep copies of all plans other than for single-family dwellings and fees submitted with such application, and the same shall form a part of the records of the Zoning Administrator’s office and shall be available to the Council and all other officials of the City.
5. Perform such other functions necessary and proper to enforce and administer the provisions of this Ordinance.
B. Building Inspector. The Building Inspector shall have the following powers and duties with regard to this Ordinance:
1. To review requests for and to issue building permits and sign permits;
2. To conduct inspections of buildings and structures to determine compliance with the terms of this Ordinance and other applicable ordinances;
3. To provide technical assistance to the City Council and other bodies with authority under this Ordinance.
C. Board of Appeals.
1. Creation and membership. A Board of Appeals is hereby created in accordance with the laws of the State of Michigan, which shall consist of the City Council of the City of New Buffalo, except that in the event the City Council so desires, it may appoint a Board of Appeals consisting of not less than five members, each to be appointed for a term not to exceed three years.
2. Jurisdiction. The Board of Appeals shall not have the power to make any change in the terms of this Ordinance, but does have power to act on those matters where this Ordinance provides for an administrative review, interpretation, and to authorize a variance as defined in this section and the laws of the State of Michigan. The Board of Appeals shall not have the authority to hear appeals from a decision made in respect to any special land use, planned unit development, or rezoning. The powers of the Board of Appeals include:
a. Hearing of Appeals. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or any other administrative official in carrying out or enforcing any provisions of this Ordinance;
b. Granting of variances. A variance from the specific requirements of this Ordinance may be granted by the Board of Appeals in accordance with the requirements and procedures of Section Z8-07;
c. Zoning ordinance interpretation. The Board of Appeals may interpret the provisions of this Ordinance to carry out the intent and purposes of the Ordinance where the meaning of the provisions is uncertain as specified in Section Z8-12.
D. Planning Commission. With respect to this Ordinance, the Planning Commission shall:
1. Hear, consider, and make a written report with findings of fact and recommendations to the City Council on all applications for site plan review, map and text amendments, special uses, and planned unit developments; , and other matters as provided in this Ordinance;
2. Hear, consider and make final decisions on applications for site plan review for uses permitted by right;
2. 3. Make decisions on other matters referred to it upon which it is required to pass
under this Ordinance;
3. 4. Assist in the development, review, and amendment of the Master Plan, as
requested by City Council or as otherwise required by law.
E. City Council. The City Council shall, with respect to this Ordinance, make final decisions on applications for text and map amendments, planned unit development, and special uses, with or without conditions, and other matters as provided in this Ordinance. City Council shall also formally approve the Master Plan as recommended by the Planning Commission in accordance with state statute.
Section 2. Amendment to Article 8, Section Z8-04, Table 8-04(A) of the City of New Buffalo Zoning Ordinance. That Article 8, Section Z8-04, Table 8-04(A) is hereby amended to read in its entirety as follows:
Table 8-04(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure Planning Commission City Council Zoning Board of Appeals
Site plan review
for use permitted by rightRD*D
Site plan review for
uses other than uses
permitted by rightR*D
Special useR*D
Variance R* D*
Map amendmentD
Text amendmentR*D
Comprehensive sign planD*
Private roads permitD*
Interpretation D*
Appeal D*
Key:
R = Recommending body
D = Decision making body
* = Public notice required
Section 3. Amendment to Article 8, Section Z8-05 of the City of New Buffalo Zoning Ordinance. That Article 8, Section Z8-05 is hereby amended to read in its entirety as follows:
Section Z8-05 Site plan review.
A. Purpose. The purpose of this section is to require and review those documents or drawings as specified in the Ordinance, to ensure that a proposed land use or development is in compliance with this Ordinance, other local ordinances, state statutes, and federal statutes. And furthermore, its purpose is to ensure that development taking place within the City is properly designed, safe, efficient, environmentally sound, and developed in such a manner as to protect adjacent properties from adverse impacts.
B. Applicability.
1. Site plan review shall be required for all construction of new buildings and structures and alterations to the building footprint of existing buildings or structures.
2. Single-family detached or duplex development that is permitted by right in the governing zoning district in which they are located shall require site plan review.
3. The establishment of new uses or change of use allowed by-right in the governing district not involving construction of or alteration to the footprint of existing structures shall not require site plan review.
C. Process.
1. City staff review. The Zoning Administrator shall review the site plan for completeness, and shall obtain comments, as the Zoning Administrator considers necessary, from the following staff members:
a. Department of Public Works;
b. Water Department;
c. Police Department;
d. Fire Department;
e. Other City departments or consultants.
2. Transmittal to the Planning Commission. Once the Zoning Administrator determines that the site plan is complete, the Zoning Administrator shall transmit the site plan, along with comments from City departments and consultants to the Planning Commission at least two weeks prior to the next meeting. The Zoning Administrator shall not be required to submit any site plan for review which was submitted less than 40 days prior to the Planning Commission meeting when the review will occur.
3. Planning Commission action for uses permitted by right recommendation.
a. At its next meeting, Tthe Planning Commission shall consider the site plan and shall recommend the City Council :
[1] Approve the site plan, as submitted, if all applicable requirements of this Ordinance and the standards of Section Z8-05D have been met;
[2] Approve the site plan, if all applicable requirements of this Ordinance and the standards of Section Z8-05D have been met, with conditions; or
[3] Deny the site plan if applicable requirements and standards have not been met;. All recommendations of the Planning Commission with regard to site plans shall be accompanied by written findings of fact to support its position for each item under Section Z8-05D standards for site plan review.
[4] Adjourn or postpone its review for reasons set forth in the record.
b. The reasons for the Planning Commission’s action, along with any conditions that may be attached, shall be stated in the meeting minutes and a copy provided to the applicant.
4. Planning Commission recommendation for uses other than uses permitted by right.
a. At its next meeting, the Planning Commission shall consider the site plan for uses other than uses permitted by right and shall recommend the City Council:
[1] Approve the site plan, as submitted, if all applicable requirements of this Ordinance and the standards of Section Z8-05D have been met;
[2] Approve the site plan, if all applicable requirements of this Ordinance and the standards of Section Z8-05D have been met, with conditions; or
[3] Deny the site plan if applicable requirements and standards have not been met. All recommendations of the Planning Commission with regard to site plans shall be accompanied by written findings of fact to support its position for each item under Section Z8-05D standards for site plan review.
b. The reasons for the Planning Commission’s action, along with any conditions that may be attached, shall be stated in the meeting minutes and a copy provided to the applicant.
4. 5. City Council action for uses other than uses permitted by right. For each site
plan application, City Council shall consider the Planning Commission’s recommendation and shall:
c. Approve the site plan;
d. Approve the site plan with conditions; or
e. Deny the application.;
f. Adjourn or postpone its review for reasons set forth in the record.
5. 6. Record of action. If approved, two copies of the final site plan shall be signed and
dated by the Secretary of the Planning Commission and the applicant. One copy shall be kept on file with the City and one copy shall be returned to the applicant or its designated representative.
D. Standards of review. To promote orderly development which is safe, efficient, attractive, sensitive to environmental concerns, and generally promotes the welfare of the City’s citizens, all developments and uses, in addition to meeting applicable specific standards as identified in this Ordinance, shall also meet the following general standards.
1. Ordinance and master plan purposes and intent. The proposed use and development will be in harmony with the purposes for which this Ordinance was enacted and the regulations of the governing district and with the Master Plan.
2. Soil preservation. Site plans shall be developed to prevent or minimize problems with soil erosion or sedimentation. Submission of a Soil Erosion Permit approved by Berrien County shall be required as applicable.
3. Privacy provisions. The site plan shall provide reasonable visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of occupants.
4. Emergency vehicle accessibility. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle accessibility. Fire lanes shall be provided as deemed necessary by the Fire Chief to provide adequate fire protection.
5. Compatibility with existing or planned streets and pathways. The arrangement of streets, sidewalks, and other path systems shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern in the Master Plan, Berrien County Transportation Plan, or other City or county policy document shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in any formally-adopted street plan or planned right-of-way.
6. Efficient and safe traffic systems. Street systems shall be designed to be as efficient as possible, and in compliance with commonly accepted traffic engineering standards for safety.
E. Amendments to approved site plans. A site plan may be amended based upon whether the desired amendment is classified as a major or minor amendment to the site plan. Major amendments shall require review and approval by the body initially responsible for review and approval as set forth in this OrdinancePlanning Commission. Minor amendments shall only require the approval of the Zoning Administrator.
1. Major amendments. Major amendments shall include one or more of the following:
a. A change in the original concept of the development;
b. A change in the use or character of the development;
c. A change in the type of dwelling unit;
d. An increase in the number of dwelling units;
e. An increase in floor area of more than 10%;
f. A change in the basic layout or design of the project;
g. A change in the character, function, or location of any street or access driveway;
h. A reduction in the amount of open space, or relocation of open space areas;
i. The movement of a building footprint by more than 10 feet.
2. Minor amendments. Minor amendments shall include one or more of the following:
a. A change in floor area of 10% or less;
b. Additions to parking lots of up to 10 spaces;
c. The movement of a building footprint of 10 feet or less;
d. Substitutions in type of landscape plantings not to exceed 20% of the total amount of landscape materials; provided such materials are comparable to those they would replace;
e. Accessory buildings having less than 1,000 square feet of area for commercial, industrial, or institutional uses.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of any such conflict.
Section 5. Conflict.
A. Nothing in this Ordinance will be construed in such a manner so as to conflict with existing City ordinances except as otherwise explicitly stated herein.
B.Nothing in this Ordinance will be construed in such a manner so as to conflict with any State law.
Section 6. Savings Clause. The provisions of this Ordinance are severable. Should any word, phrase, sentence, or clause of this Ordinance be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provision or part.
Section 7. Effective Date. This Ordinance is effective 20 days after its enactment unless otherwise provided by law.
The vote to approve and enact this Ordinance was as follows:
YEAS: Lijewski, Robertson, Knoll, Price
NAYS: None
ABSENT/ABSTAIN: Gear
ORDINANCE DECLARED ADOPTED.
_________________________
Vance Price, Mayor
CERTIFICATION
I, Amy Fidler, the Clerk of the City of New Buffalo, hereby attest that the foregoing is a true and
accurate copy of an ordinance adopted by the City Council for the City of New Buffalo, Berrien
County, at a meeting of the City Council called and held on July 20, 2026, in accordance
with the required statutory procedures.
_____________________________
Amy Fidler, Clerk