beat

18 THURSDAY, DECEMBER 2, 2021

DEATH NOTICES

THREE OAKS – Judith L. Ross, age 74, of Three Oaks, died Sunday, November 28, 2021. Arrangements are pending at Wagner Family Funerals Pobocik Chapel, Three Oaks.

CLASSIFIED ADS

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FOR RENT

NEW BUFFALO RETAIL US 12 high-visibility rental & pop-up spaces next to popular yoga studio. Great parking. 7002,000 SF. Call to view/rates @ 312-259-4011.

NEW BUFFALO

Year Around Rental. Large 2 and 3 bedroom apartments.Will be available in September/October. Quiet Living, no pets. $750-$925 per month. For more information call 269-469-1364.

CONSTRUCTION WORKERS EXPERIENCE PREFERRED

Carpentry drywall flooring tile setting windows doors and decking. Must be 18 years or older with valid drivers license. Heavy lifting involved. 219-8081329. johnrtaylor1953@gmail. com

NEW BUFFALO TOWNSHIP LIBRARY A part-time position is available at the New Buffalo Township Library and will be posted until the application deadline of June 25, 2021. The position is scheduled for approximately 12 to 20 hours per week, including evenings and some Saturdays. We are seeking an individual who is flexible, friendly, and comfortable working with patrons of all ages. Applications can be received at the New Buffalo Township Library, located at: 33 N. Thompson Street, New Buffalo, MI.

HELP WANTED

LOVE WORKING OUTDOORS AND IN THE TREES?

Awesome, outdoor, low covid exposure, summer work. C&A Arborists, your local tree care professionals, are looking for help!! Drivers license required, CDL preferred. Please call 269-756-2571, email jamietreephilosophy@ gmail.com. SERVICES

FISH FOR STOCKING Most Varieties Pond Lakes. Laggis Fish Farm 269-628-2056 Days, 269-624-6215 Eve

ELDERLY CARE NEEDED? Compassionate help available to care for your loved ones. Experienced and Dependable. Call Diane 219-344-2265

FULL TIME COOK POSITION IN LAPORTE 1 Year Experience. Call Oak Woods Manor for more details. 219-362-6600.

New Buffalo Times

Back to normal Santa Parade doesn’t miss a beat

BY STAN MADDUX

Areturn to a normal Santa Parade in downtown LaPorte seemed more popular than ever with kids darting out for candy and sitting on the lap of Santa Claus.

Despite the cold, the goodsized bundled up crowd along Lincolnway Saturday, Nov. 27, appeared delighted not to be confined to vehicles while driving by stationary units under last year’s COVID-19 restrictions.

Melissa Brock, who was holding her daughter, Layla, smiled when her nieces Kinsley, 5, and Kendall, 6, were first to hug Santa Claus after the parade when he came down from the top of a fire truck.

“We were excited. We didn’t think they were allowed to so that was really nice,” Brock said.

Santa marched over to his chalet at Plaza 618 and had a seat next to Mrs. Claus.

He visited with each of the children waiting in a line of close to 100 people.

Last year, Santa and the children were separated from each other by plexiglass as a precaution against the virus.

Brittney Satoski, who grew up in the area, traveled from her home near Indianapolis with her children Paayson , Johnny and Sophia.

They were the first in line to visit with Santa like they are every year by showing up about an hour before the start of the parade.

“The kids love it,” she said.

The parade consisted of nearly 30 units including a team of horses owned by Mike Roebuck, who has a farm near Rolling Prairie. Roebuck held his great grandson on a horse while riding with his children and grandchildren. Diana Adams gave out candy from the passenger seat of a Polaris Slingshot, a convertible resembling a space age race car. The purple car pulled over and stopped beside the curb each time she was ready to hand out zip lock bags full of candy to kids rushing toward her. “We love the kids and we love the whole parade. We just like giving back to the town. It’s just what we do,”

Walking the route were animal characters, like a reindeer and snowman, along with Parker, a cartoon characterlike mascot for the park department.

Tabitha Aguilar, an administrative assistant at the park department, said Parker goes to a lot of fun events throughout the year.

“He loves coming and seeing all of the kids,” she said.

Brett Binversie, the organizer of the parade on behalf of the city, said he could not be happier with the public’s response to the parade.

“We all realize we’re still in touchy times, but we’re glad to return some normalcy to people’s live and have a great time here,” he said.

Hikers to offer tips for winter hiking

Winter hiking can be a wonderful experience, but it also presents some special challenges, according to Harbor Country Hikers President Pat Fisher.

“Before you head out on the trail, be sure to think ahead and prepare for unexpected conditions,” he said.

Fisher will share some of his winter hiking tips before leading a coldweather trek on the Hoadley Nature Trail at Watkins Park in Three Oaks at 2 p.m. Saturday, Dec. 4.

The trail is home to a wide variety of wetland flora and fauna. The Hikers advises dressing in layers, wearing a warm hat and sturdy shoes or boots, and bringing plenty of water. Depending on the weather, portions of the trail could be muddy or icy.

Total hiking distance for the Dec. 4 outing is 1.15 miles, and the trail’s physical difficulty is rated easy to moderate. An all-terrain Rollator is available on a firstcome, first-served basis by emailing harborcountryhikers@gmail.com. Face masks are optional for this outdoor event.

For more details, including directions to the park, visit harborcountryhikers.com. — STAFF

REPORTS

SERVICE LEAGUE MONTHLY MEETING NEXT WEEK

The next dinner meeting for the New Buffalo Service League is Wednesday, Dec. 8, at Union Pier Social, located at 16036 Red Arrow Highway in Union Pier.

Gathering will take place at 6 p.m., with dinner at 6:30 p.m.

If anyone would like to join, feel free to call Nancy at 269-469-1364.

— STAFF REPORTS

CITY OF NEW BUFFALO BERRIEN COUNTY, MICHIGAN ORDINANCE NO. 253

AN ORDINANCE TO AMEND SECTIONS 2-3, 6-2, 7-2, AND 8-2, AND ADD A NEW SECTION 20-8 TO THE NEW BUFFALO ZONING ORDINANCE TO PROHIBIT NEW SHORT-TERM RENTALS IN THE R-1, R-2, AND R-3 ZONING DISTRICTS

WHEREAS, in April 2019, the City Council adopted an ordinance requiring the registration and inspection short-term rental units within the City; and

WHEREAS, since enacting the ordinance, City staff has studied the registration statistics and the density of short-term rentals; and

WHEREAS, after extensive study of the proliferation and effects of shortterm rental uses, the City Council has determined that if current trends were allowed to continue, short-term rental uses could undermine the character and stability of neighborhoods in certain districts by, among other things: 1. Decreasing the number of long-term residents; 2. Decreasing enrollment in local schools; 3. Decreasing the availability of longterm housing stock, thereby driving up prices and making long- term residency less affordable; 4. Creating significant numbers of vacant homes in the winter months; and 5. Increasing levels of noise, traffic, and on-street parking during the summer tourist season.

WHEREAS, in a series of recent cases, Michigan courts have recognized that transitory and commercial uses are in tension with the traditional use of singlefamily dwellings; and

WHEREAS, the City Council has determined that it is in the best interest of the City to amend the zoning ordinance to curb the proliferation of short-term rental uses in certain zoning districts characterized by single-family residential neighborhoods, and to otherwise mitigate potential adverse effects of new short- term rentals.

The City of New Buffalo ordains:

Section 1. Amendment. Section 2-3 of the New Buffalo Zoning Ordinance is amended to add the following definitions of “Short-Term Rental Activity” and “Short-Term Rental Unit,” which shall appear between the definitions of “Shopping Center” and “Sign,” and to amend the definition of “Dwelling Unit” so that it reads in its entirety as indicated below. Except as expressly modified herein, the remainder of Section 2-3 is reenacted in full:

Short-Term Rental Activity. The rental of a dwelling unit for compensation for a term of less than one month.

However, short-term rental activity does not include the following: transitional housing operated by a nonprofit entity, group homes such as nursing homes and adult foster care homes, hospitals, or housing provided by a substance abuse rehabilitation clinic, mental health facility, other health care related clinic, or dwelling units owned by a business entity and made available on a temporary basis to employees of that business entity or employees of a contractor working for that business entity.

Short-Term Rental Unit. A dwelling unit in which short-term rental activity is permitted to occur subject to the terms and conditions of this ordinance and Chapter 11 of the City Code.

Dwelling Unit. A building, or portion thereof, designed exclusively for human occupancy providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit may be used as a short-term rental unit when licensed pursuant to Chapter 11 of the City Code and when either: (1) short-term rentals are not prohibited in the zoning district where the property is located; or (2) the shortterm rental unit is established as nonconforming and operating in compliance with the regulations in Section 20-8.

Section 2. Amendment. Sections 6-2, 7-2, and 8-2 of the New Buffalo Zoning Ordinance are amended to read as follows:

Sec. 6-2. Uses permitted by right.

A. Land and/or buildings in the

R-1 District may be used for the following purposes by right: 1. Single-family detached dwelling units. 2. Accessory uses pursuant to Section 3-2. 3. Home occupations pursuant to Section 3-26. 4. State-licensed residential care family facilities. 5. State-licensed family daycare centers. 6. Municipal parks. B. Short-term rental units are prohibited in the R-1 District except when established as a nonconforming use and operating in compliance with the regulations in Section 20-8.

Sec. 7-2. Uses permitted by right.

A. Land and/or buildings in the

R-2 District may be used for the following purposes by right: 1. Single-family detached dwelling units. 2. Two-family dwelling units. 3. Accessory uses pursuant to Section 3-2. 4. Home occupations pursuant to Section 3-26. 5. State-licensed residential care family facilities. 6. State-licensed family daycare centers. 7. Municipal parks. B. Short-term rental units are prohibited in the R-2 District except when established as a nonconforming use and operating in compliance with the regulations in Section 20-8.

Sec. 8-2. Uses permitted by right.

A. Land and/or buildings in the

R-3 District may be used for the following purposes by right: 1. Multiple-family dwelling units, including single-family attached dwelling units, and apartment buildings. 2. Single-family detached dwelling units. 3. Accessory buildings and uses associated with the above permitted uses, including: a. Automobile garages. b. Health club facilities intended primarily for residents of the residential complex. c. Recreational facilities intended exclusively for residents of the residential complex such as pools and tennis courts and other similar uses. d. Community center building. Accessory buildings shall also comply with regulations contained in Section 3-2 of this ordinance. As provided in Section 8-3, carports are permitted in the R-3 District by special use permit only. 4. Home occupations pursuant to Section 3-26. 5. State-licensed residential care family facilities. 6. State-licensed family day-care centers. 7. Municipal parks. 8. Public utility or service buildings, not requiring the outdoor storage of materials. B. Short-term rental units are prohibited in the R-3 District except when established as a nonconforming use and operating in compliance with the regulations in

Section 20-8.

Section 3. Addition. Section 20-8 of the New Buffalo Zoning Ordinance is added to read as follows:

Sec. 20-8. Nonconforming short-term rental units.

A. Nonconforming short-term rental units permitted. Short-term rental units that existed and were registered under

Chapter 11 of the Code of Ordinances as of November 23, 2021, the effective date of the amendment creating this section, may be continued as nonconforming uses so long as they conforms to the regulations provided herein. B. Regulations. Notwithstanding any other provision of this ordinance: 1. The ability to operate a nonconforming short-term rental unit is not impaired by the

PUBLIC NOTICES

PUBLIC NOTICES

making of modifications, improvements, or repairs to the structure or land where the use is located.

However, if the underlying residential use is nonconforming, the underlying use may be impaired by such activities as provided in section 20-5.

The ability to operate a nonconforming shortterm rental unit is not impaired by any transfer of ownership or control of the property, unless the right to continue operating a short-term rental unit is later deemed abandoned by the new owner subsection B.3 below. New owners are responsible for obtaining renewal permits in accordance with the processes provided in

Chapter 11 of the Code of

Ordinances. 3. A short-term rental unit shall be deemed abandoned if either of the following transpire: (a) The short-term rental unit is not rented for one or more short-term rental terms within a period of 12 months.

The failure to submit a short-term rental reservation summary for the unit, as required by Section 11-4 of the City Code, for a period of one year or more shall constitute conclusive evidence of abandonment pursuant to this subsection. (b) The short-term rental permit for the property expires, terminates, or becomes invalid and a new permit or renewal permit is not obtained within the later of: (i) 12 months from the

expiration, termination, or invalidation; or (ii) in cases where the permit has been revoked pursuant to Chapter 11 of the Code, 6 months from the date when the period of ineligibility expires. 4. Notwithstanding subsection

B.3, the ability to operate a nonconforming short-term rental unit is not impaired by the demolition of the structure in which the use is located, so long as: a. There is a valid short-term rental permit in effect at the time of the demolition, and b. A short-term rental permit is obtained for the newly constructed dwelling on the property within 18 months of the date of the demolition permit.

Section 4. Review after Implementation. Not later than November 1, 2022, City staff shall provide a report to the Planning Commission regarding the number of registered short-term rentals in each zoning district in the City. After receiving such report, the Planning Commission may evaluate whether the implementation of this ordinance has achieved its intent and what, if any, amendments should be made.

Section 5. Publication and Effective Date. The City Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation in the City, and the ordinance shall be effective 20 days after enactment or upon publication, whichever is later. YEAS: Lijewski, Flanagan, Mayor Humphrey NAYS: ABSTAIN: ABSENT: Robertson, O’Donnell

CERTIFICATION This is a true and complete copy of Ordinance No. 253 adopted at a regular meeting of the New Buffalo City Council held on November 23, 2021.

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