(a) General Definitions.
(1) “Accessory Building.” A separate building located on the same lot as the main building, the use of which is naturally and normally incidental to that of the primary use of the main building or land.
(2) “Accessory Use.” A use which is naturally and normally incidental to the primary use of the premises.
(3) “Accessory Dwelling Unit (ADU).” A smaller, independent residential dwelling unit located on the same lot as a single-family dwelling unit detached home.
(4) “Adaptive Reuse.” The process of reusing an existing building for its original purpose or a purpose other than which it was originally built or designed for in a way that is in harmony with or beneficial to the surrounding uses.
(5) “Adult Business.” Any business in any use category, a substantial or significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials or devices of any kind which appeal to prurient interests and which, also may depict or describe sexual activities.
(6) “Adult-Use Marihuana Microbusiness.” A person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
(7) “Adult-Use Marihuana Retailers.”A person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
(8) “Aesthetic Compatibility.” The favorable size, scale, massing, design and attractiveness similarities between a proposed structure and its adjacent existing building stock.
(9) “Agri-Tourism.” Tourism in which tourists take part in farm or village activities, including but not limited to animal and crop care, cooking and cleaning, handicrafts, and entertainments including but not limited to weddings, hayrides, and pumpkin patches.
(10) “Airport.” Battle Creek Executive Airport at Kellogg Field.
(11) “Alley.” A public or private roadway which affords a secondary means of vehicular access to property abutting thereon and not intended for general traffic circulation.
(12) “Alternative Tower Structure.” Man-made trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
(13) “Antenna.” Any exterior transmitting or receiving device mounted on a tower, pole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals.
(14) “Antique.” An object, such as, but not limited to, a work of art, piece of furniture, decorative object, or household furnishings, but excluding clothing, whose value is derived by virtue of its age, rarity, artistic or historical significance, or which has an estimated age of at least fifty years.
(15) “Antique Shop.” A retail establishment whose primary business is the sale of antiques.
(16) “Apartment.” A room or suite of rooms in a two-family or multiple dwelling, or, where more than one living unit is established over nonresidential uses, that which is intended or designed for use as a residence by a single family, which includes its own separate entrance, a bath, and kitchen accommodations.
(17) “Art Gallery.” An establishment used for the display and sale of original works of art.
(18) “Art Studio.” A building used for the production, display or sale of works of art.
(19) “Artisan Maker Space.” A place in which people with shared interests can gather to work on projects while sharing ideas, equipment, and knowledge.
(20) “Assisted Senior Living.” A multiple-family housing type for senior citizens with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit may or may not contain cooking facilities but must contain sanitary facilities.
(21) “Attic.” The space between ceiling beams of a top story and the roof rafters.
2021 Replacement
1230.06 PLANNING AND ZONING CODE 10
(22) “Automobile.” A road vehicle, typically with four wheels, powered by an internal combustion engine or electric motor and able to carry a small number of people.
(23) “Automobile Car Wash Establishment.” An establishment for the washing or cleaning of vehicles. A car wash may be:
A. A single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high-pressure hose to wash the vehicle by hand;
B. An automated single unit type which has a single bay to accommodate one vehicle at a time; or
C. A tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure.
(24) “Automobile or Vehicle Dealership.” A business that sells three or more new or used automobiles at the retail level. It may also provide maintenance services for automobiles, and employ automotive technicians to stock and sell spare automobile parts and process warranty claims.
(25) “Automobile Repair.” All general repair and reconditioning of motor vehicles, including engine rebuilding, repair of collision damage, overall painting and vehicle rust proofing, and other similar services with the exception of an automobile junk yard. (See also definitions of “Vehicle Service, Major” and “Vehicle Service, Minor.”)
(26) “Automobile Service Station.” A complex used primarily for supplying automobile fuel and motor oil, at retail, directly to the customer, including the supplying of accessories, replacement parts and services that are essential to the normal operation of automobiles, but not including body or fender work, painting or major motor repairs.
(27) “Backhaul Network.” The lines connecting a telecommunication provider, or wireless communication service provider's tower site and antennas to one or more cellular telephone switching officers, and/or long-distance telephone providers, or the publicly switched telephone network.
(28) “Bakery.”A place for baking and/or selling baked goods.
(29) “Banquet and Meeting Hall.” An establishment available to the public for rental for the purpose of holding meetings, banquets and receptions.
(30) “Bar, Tavern, or Saloon.” An establishment primarily devoted to the sale and serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
(31) “Basement.” A portion of a building which is all or partly underground but having at least one-half (50% or more) of its height below the average level of the adjoining ground. A basement is not counted as a story for the purpose of height regulations. See Figure 1.
Figure 1. Basement, Cellar, Story Illustration
(32) “Bed and Breakfast.” A private residence occupied by the property owner that offers rental sleeping accommodations to registered guests. The property owner resides in the establishment while managing the renting of the rooms to registered guests.
(33) “Block.” An area of land within a subdivision that is entirely bounded by streets, highways or other public ways, except alleys, or a combination of streets, highways or other public ways and rivers, streams, railroad rights of way or the exterior boundary of the subdivision.
(34) “Bookstore.” An establishment having as a substantial or significant portion of its stock and trade in books, magazines, and/or other periodicals or publications or reproductions of any kind.
(35) “Box office.” An area, not necessarily attached to a theater, museum, exhibition hall or athletic facility, used for the sale of tickets for admission to entertainment, including, but not limited to, athletic events, theatrical performances, museum admissions or concerts.
(36) “Brewpub.” A licensed establishment that manufactures and sells 25% or more of its beer on-site.
(37) “Building.” A structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
(38) “Building Coverage.” The surface area of a lot or parcel enclosed by the exterior walls of any building located upon the lot. The area of land covered by a swimming pool or minor accessory structure of less than fifty square feet shall not be considered in determining building coverage.
(39) “Building Floor Area. The total floor area enclosed by exterior walls, excluding such area not accessible by a fixed stairway, ramp, escalator or elevator or an area not fit for occupancy. This term is synonymous with Usable Floor Area (UFA).
(40) “Building, Height of.” The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the mean height level between eaves and the ridge for gable, hip and gambrel roofs. See Figure 2.
Figure 2. Building Height Illustration
(41) “Building Line.” A line parallel to a street right-of-way line, shore of a lake or edge of a stream or river bank, which is established on a parcel of land or on a lot for the purpose of prohibiting construction of a building between such line and a right of way, other public area, the shore of a lake or the edge of a stream or river bank.
(42) “Bulk Storage.” Indoor or outdoor goods for sale, storage, or display that have a large size, mass, or volume and are not easily moved or carried, such as railroad ties, large bags of feed, fertilizer, wood, sand, gravel, stone, lumber, equipment, and other similar materials and supplies.
(43) “Campground.” An area for recreational camping in tents, travel trailers, pickup campers, motor homes, and folding tent trailers for periods not to exceed twenty (20) days.
(44) “Caption.” The name by which the plat is legally and commonly known.
(45) “Catering Business.” A business where food is prepared at the business address and transported for serving off-site locations.
(46) “Cellar.” A room below ground level in a house that is often used for storage. A cellar is not included in computing the number of stories for the purpose of height measurement. See Figure 3, where distance “A” equals zero, a basement meets the definition of a cellar.
Figure 3. Basement, Cellar, Story Illustration (same image as Figure 1)
(47) “Cemetery.” Land used or intended to be used for the burial of deceased animals or humans, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(48) “City.” The incorporated Municipality of Battle Creek, Michigan.
(49) “Collectibles shop.” A business limited to the sale or trade of first-edition hardcover books, board or electronic games, including card games, computer games, role-playing or miniature games, CD's, DVD's, sports trading cards, comic books, stamps, coins, antique jewelry or a combination thereof. The term “collectibles shop” does not include secondhand goods dealers or pawn shops.
(50) “Consignment Shop.” A store that sells secondhand items (typically clothing and accessories) on behalf of the original owner, who receives a percentage of the selling price.
(51) “Commercial Development.” A planned commercial center providing areas for building, parking, service, screen planting and widening, turning movement and safety lane roadway improvements.
(52) “Common Open Space.” A parcel or parcels of land or an area of water, or a combination of land and water within an area designated for any planned unit residential development and designed and intended for the use and enjoyment of all residents of the planned unit residential development.
(53) “Community Garden.” A vacant parcel of land or portions thereof that is divided into plots for cultivation of crops including fruits, vegetables, plants, flowers and/or herbs by one or more individuals and/or group. The land may be managed collectively by members of a group. The land may or may not be owned by a participating member of the community garden group.
(54) “Compost.” Relatively stable decomposed organic matter for use in agriculture and other growing practices usually consisting of materials such as grass, leaves, yard waste, and also including raw and uncooked food wastes.
(55) “Convalescent Home, Nursing Home, or Home for the Aged.” Residences for the elderly that provide 24-hour supervision and are designed and operated for seniors who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed.
(56) “County Drain Commissioner.” The Calhoun County Drain Commissioner.
(57) “County Health Department.” The Calhoun County Health Department.
(58) “County Plat Board.” The Calhoun County Plat Board.
(59) “County Road Commission.” The Calhoun County Road Department.
(60) “County Treasurer.” The Calhoun County Treasurer.
(61) “Craft Distillery.” A licensed establishment that manufactures and sells at that licensed establishment spirits pursuant and subject to the requirements for a Michigan Small Distiller License.
(62) “Crops.” Commodities produced from the earth which are planted, raised, and gathered within the course of a single season and/or over multiple seasons. Crops include those plants or trees that are intentionally planted and require human intervention and cultivation, including flowers, berries, fruit, vegetables, herbs, spices, beans and legumes, grains, and nuts. For the purposes of this chapter, marihuana is not considered a crop.
(63) “Dedication.” The intentional commitment of land by the owner to public use.
(64) “Driveway.” A means of ingress or egress consisting of concrete, asphalt or brick, or uniformly surfaced with macadam, gravel or cinder not less than six inches thick in compacted depth or other material approved by the Zoning Administrator.
(65) “Dwelling Unit.” A building, or part of a building which is designed and used exclusively for one family residential purposes and having principal kitchen facilities, bath, and separate entrance.
(66) “Dwelling, Multiple.” A building or group of buildings on one lot which has accommodations for and is occupied exclusively by three or more families.
(67) “Dwelling, Single-Family.” A building designed and used for the complete living accommodations of a single family.
(68) “Dwelling, Two-Family.” A building which has accommodations for and is occupied exclusively by two families living independently of each other.
(69) “Easement.” A right of way granted by a property owner for the limited use of private property for specific public or semipublic purposes and designated as “public” or “private” on the plat.
(70) “Essential Services.” The erection construction, alteration and maintenance by a public utilities company or City department, for the purpose of furnishing adequate service by such public utility or City department, for the public health, safety or general welfare, of gas, electrical, communication, water and wastewater distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes, public telephones, hydrants and other similar equipment and accessories in connection therewith, other than essential service structures.
(71) “Essential Service Structure.” A structure used or occupied, or intended for use or occupancy, as a transformer substation, communications relay station, pumping station, water tower, water collection and treatment facility, gas or steam regulating station, high voltage transmission tower or water or sewage lift station and other buildings or structures of a similar function.
(72) “Event Center.” A public or privately owned structure used for the purpose of holding public profit such as performances, sporting events, private receptions or parties for more than 100 people, or similar attractions that may generate heavy traffic.
(73) “Exhibition Hall.” An establishment open to the public for the viewing of temporary exhibits of collections or displays of items relating to, or artifacts of, natural, local, State or national history; the presentation of theatrical performances or musical concerts; or the holding of flea markets, swap meets or other shows involving the sale or trade of publicly displayed items and merchandise.
(74) “Existing Use.” Use of a particular parcel established lawfully prior to adoption of such provisions which subsequently prohibit said use. The term “Existing Use” is distinct from “Nonconforming Use” in that an existing use may continue in perpetuity until such time that a permitted use is established on the parcel in its place.
(75) “FAA.” The Federal Aviation Administration.
(76) “Façade.” The principal front of a building looking onto a street.
(77) “Family.” Means either of the following:
A. An individual or group of two or more persons living together and related by the bonds of blood, marriage or adoption, together with foster children and domestic staff of the principal occupants and not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
B. The functional equivalent of the single domestic unit, that is, a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuous, non-transient, domestic character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and living as a single, non-profit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited determinable period.
(78) “Farm Equipment and Tools.” Those pieces of machinery and tools used to prepare the soil, cultivate produce, fertilize, harvest, etc. including but not limited to tractors, rototillers, rakes, shovels, hoes, fertilizer, pesticide and herbicide spreaders, etc.
(79) “Farmer's Market.” A place where vendors and individuals can sell products from their crops.
(80) “Farm Stand.” A temporary structure, accessory to a private garden, community garden, or urban commercial farm, for the display and sale of produce and crops grown on the site.
(81) “Farming or Other Agricultural Purpose.” The use of land for farming and agricultural purposes of all types, including crops, vegetable farming, fruit orchards, livestock and poultry operations, feed lots and other similar agricultural operations.
(82) “FCC.” The Federal Communications Commission.
(83) “Fence.” A vertical structure forming a barrier.
(84) “Filing Date.” The date upon which a proprietor files an application, together with the submission of the required fee, to the City.
(85) “Financial Institutions.” Banks, savings and loans, credit unions, mortgage or loan companies and stock brokers; this may also include retirement, investment, or annuity companies. The term “financial institutions” does not include pawnbrokers, bail bondsmen or cash advance establishments.
(86) “Floodplain.” An area of land adjoining the channel of river, stream, watercourse, lake or other similar body of water liable to flooding, which may be reasonably expected for that region.
(87) “Florist shop.” A business whose principal purpose is the display and sale of natural and faux flowers, arrangements of flowers and decorative accessories used in the display of flowers.
(88) “Frontage.” The measurement of the length of a plot of land or a building facing the main road on to which the plot or building fronts.
(89) “Garage, Private.” Private garage means an accessory building that houses vehicles or property that is for the private use of the occupants of the lot on which the private garage is located.
(90) “Garage, Public.” Public garage means any building or premises, except those used as private or community garages, used for equipping, repairing, hiring, selling or storing motor-driven vehicles.
(91) “Governing Body.” The Battle Creek City Commission.
(92) “Government Survey.” The land surveyed, subdivided and monumented by the United States public land survey.
(93) “Grade.” Means any of the following that apply:
A. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
B. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets;
C. For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building; or
D. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be determined by the City Engineer.
(94) “Greenbelt.” A strip or parcel of land, privately restricted or publicly dedicated as open space, located between incompatible uses for the purpose of protecting and enhancing the environment.
(95) “Greenhouse.” An accessory building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.
(96) “Health Department.” The Calhoun County Health Department.
(97) “Home Occupation.” An activity carried on for consideration by a resident conducted as an accessory use in the resident's dwelling unit. Consideration shall be defined as some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility, given, suffered, or undertaken by the other.
(98) “Hoop house.” An unheated accessory structure whose roof and sides are made largely of transparent or translucent material for the purpose of the cultivation of plants inside.
(99) “Hotel.” A building in which lodging or boarding is provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. This definition does not include rooming houses or boarding houses.
(100) “Housing Tenure.” The nature of the occupancy of a residential unit. A housing unit is considered “owner occupied” if the owner or co-owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is “owner occupied” only if the owner or co-owner lives in it. All other occupied residential units are considered “renter occupied”.
(101) “HUD Code.” The construction standards promulgated by the U.S. Department of Housing and Urban Development (HUD), which govern the manufacture and construction of manufactured houses attached to mobile chassis pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974. After 1976, manufactured houses became HUD-certified which assured quality, durability, safety, and affordability.
(102) “Improvements.” Any structure incident to servicing or furnishing facilities for a subdivision such as grading, street surfacing, curb and gutter, driveway approaches, sidewalks, pedestrian ways, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons, slips, waterways, lakes, bays, canals and other appropriate items, with appurtenant construction.
(103) “Independent Senior Living with Services.” A multiple family housing type with full facilities for self-sufficiency in each individual dwelling unit also known as a retirement village or community.
(104) “Indoor Recreation.” Indoor commercial amusement services such as but not limited to: bowling alleys, skating rinks, billiard halls, stadium and sports arenas, movie theaters (excluding drive-in theaters), indoor health and fitness centers, climbing gyms, and other indoor recreational facilities.
(105) “Industrial Development.” A planned industrial area designed specifically for industrial use and providing screen buffers, wide streets, turning movement and safety lane roadway improvements, where necessary.
(106) “Interior Decorating and Design Studio.” A business which displays interior decorating and design merchandise, such as furniture, wallpaper, fabric, floor coverings and accessories as samples shown in the establishment which individuals may order from catalogues. The term “interior decorating and design studio” does not include the warehousing of interior decorating and design merchandise for on-site retail sale.
(107) “Junk or Salvage Yard.” A place, building, enclosure, land, or combination thereof, where waste is stored. “Junk yard” or “salvage yard” includes areas where waste, scrap metal, used building materials, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, but excludes such uses taking place within a completely enclosed building. “Junk yard” or “salvage yard” also includes storage of two or more motor vehicles, not in running condition which are temporarily stored for sale or relocation; disassembled for the selling of parts, pieces, material, or other automobile elements; or demolished and processed.
(108) “Kennel. Any lot or premises on which four or more dogs are kept for any commercial purposes, including but not limited to daycare, boarding, breeding, and training.
(109) “Land.” All land areas occupied by real property.
(110) “Land Area.” The land area is a gross area calculation, including all land, including land under water.
(111) “Landowner in PURD.” The unified ownership of a tract of land to include all of the following: the legal owner in fee simple of all or a portion of the land proposed to be included in a planned unit residential development; the absolute holder of an option or a contract to purchase; a lessee having an unexpired lease of not less than 40 years; and any other person having an enforceable proprietary interest in all or any portion of the land proposed to be included in a planned unit residential development.
(112) “Library." A library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of government and authorities; or any private library open to the public.
(113) “Lot.” A parcel of land consisting of a lot of record and any contiguous lots of record or contiguous portions of lots of record, held in single or common ownership, located within a block and having its principal frontage upon a street. See Figure 4.
A. “Corner Lot.” A lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the two streets is 135 degrees or less. See Figure 4.
B. “Developed Lot.” A lot occupied or intended for occupancy by a lawful use permitted by this Zoning Code, which contains a main building and any accessory buildings or uses.
C. “Flag or Panhandle Lot.” A lot which has all of the following characteristics
1. It has less than the required frontage or no frontage on a public street.
2. It is located behind one or more lots which have frontage on a public street.
3. Access to it is gained by an easement, license, corridor, alley, or a private road less than sixty-six feet in width off or from a public street. See Figure 4.
D. “Interior Lot.” A lot with only one (1) lot line fronting on a street. See Figure 4.
Figure 4. Lot Terms
E. “Lot Area.” The total area within the lot lines.
F. “Lot Coverage.” The ratio of enclosed ground floor area of all impervious surfaces (including buildings, parking areas, driveways, sidewalks, patios, and other impervious surfaces) on a lot to the horizontally projected area of the lot, expressed as a percentage. See Figure 4.
G. “Lot Depth.” The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
H. “Lot Line.” The lines demarking the boundary of a lot as described herein, see Figure 4:
(1) “Front Lot Line.” In the case of an interior lot, is the lot line separating such lot from the street and, in the case of a corner lot, the owner may elect by statement on his plans either street boundary line as the front.
(2) “Rear Lot Line.” The lot line opposite the front lot line regardless of its irregularity or direction, provided that it does not intersect therewith.
(3) “Side Lot Line.” A lot line which is not a front or rear lot line. A lot line separating a lot from a street is an exterior side lot line. A lot line separating adjacent lots is an interior side lot line.
I. “Lot Width.” The width of the lot measured at the required setback line.
J. “Through Lot/ Double Frontage Lot.” An interior lot having a street line for both the front lot line and the rear lot line.
K. “Vacant lot.” A lot that contains no buildings or structures.
(114) “Major Thoroughfare.” An existing paved street having a right-of-way of at least sixty-six (66) feet and a Functional Classification of Collector or Arterial, as defined by the City Engineer.
(115) “Manufactured House.” A residential structure assembled in a factory and moved to a site, in contrast to a structure that is constructed on the site. See “HUD Code,” published under 24 CFR Part 3280, for additional usage.
(116) “Manufacturing.” An establishment engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resin, etc.
(117) “Marina.” An establishment for the storage, maintenance and servicing of water craft, including docks and other structures and uses customarily incidental thereto.
(118) “Massage.” The manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the body of another.
(119) “Massage Business.” A State licensed establishment or part of wherein private massage is practiced, used or made available as a principle use of the establishment.
(120) “Master Plan.” The official Master Plan of the City of Battle Creek as adopted and amended over time.
(121) “Marihuana, Adult Use Establishment.” A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the marijuana regulatory agency as authorized by the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as amended, being MCL 333.27951 et seq.
A. “Marihuana Grower” means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
B. “Marihuana Microbusiness” means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
C. “Marihuana Processor” means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
D. “Marihuana Retailer” means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
E. “Marihuana Safety Compliance Facility means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
F. “Marihuana Secure Transporter” means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(122) “Medical Marihuana Facilities.” A state-licensed commercial entity operating pursuant to the Medical Marihuana Facilities Licensing Act (MMFLA), Public Act 281 of 2016, as amended, being MCL 333.2701 et seq.
A. “Medical Marihuana Grower or Grow Facility.” A licensee that is a commercial entity located in this State and licensed pursuant to the MMFLA that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.
B. “Medical Marihuana Provisioning Center.” A licensee and facility that is a commercial entity located in this State and licensed pursuant to the MMFLA that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through their registered primary caregivers. The term includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the marihuana registration process of the Department of Licensing and Regulation in accordance with the Michigan Medical Marihuana Act (MMMA), as amended, being MCL 333.26421 et seq., will not be a provisioning center for purposes of the Licensing Act.
C. “Medical Marihuana Safety Compliance Facility.” A licensee and facility that is a commercial entity and licensed pursuant to the MMFLA that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol (THC) and other cannabinoids, returns the test results, and may return the marihuana to the facility.
D. “Medical Marihuana Secure Transporter.” A licensee and facility that is a commercial entity located in this State and licensed pursuant to the MMFLA that stores marihuana and transports it between marihuana facilities for a fee.
E. “Processor and Medical Marihuana Processing Facilities.” A licensee that is a commercial entity and facility located in this State and licensed pursuant to the MMFLA that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
(123) “Michigan Coordinate System.” The system defined in the Michigan Coordinate Systems Act, Public Act 9 of 1964, as amended, being MCL 54.231 to 54.239.
(124) “Microbrewery.” Any establishment that produces fewer than 15,000 barrels of beer annually for on-site consumption, take-out and distribution to wholesalers and/or restaurants, taverns and retail stores, and is open to the general public for sales and tours. Microbreweries shall have 75% or more of its beer served off-site.
(125) “Mobile Home.” A factory assembled structure which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to required utilities. See “Manufactured Home” for additional usage.
(126) “Mobile Home Commission.” The rule-making body created by Public Act 96 of 1987, as amended, being MCL 125.2301 et seq.
(127) “Mobile Home Park.” Any site containing required improvements and utilities for the long-term parking of mobile homes, which may include services and facilities for residents.
(128) “Motel.” A building or group of buildings containing (a bed, closet and a bathroom) or rooms, which provides accommodations for transient persons. A unit may also contain a kitchenette or kitchen.
(129) “Multi-Family Dwelling Units.” A building containing three or more dwelling units arranged either side by side or one above the other.
(130) “Museum.” An establishment used for the storage and display of artifacts, memorabilia and works of art which are open to public viewing.
(131) “Natural State Buffer.” An area wherein naturally occurring vegetation is maintained. Areas within a natural state buffer that may be disturbed by grading or construction shall be replanted with similarly occurring natural vegetation. Natural state buffers shall be exempted from Chapter 1450 “Property Maintenance Code”; however, no prohibited or restricted weeds identified pursuant to the Michigan Seed Law, Public Act 329 of 1965, as amended, being MCL 286.701 et seq., shall be replanted within a natural state buffer area.
(132) “Nightclub.” An establishment for nighttime entertainment, typically serving drinks and offering music, and dancing.
(133) “Nonconforming Structure.” A structure or building, the construction of which was lawfully established prior to the adoption or amendment of this Zoning Code that for any reason does not meet all of the applicable regulations contained in this Zoning Code or its amendments.
(134) “Nonconforming Use.” A building or land lawfully occupied by a use at the time of passage of this Zoning Code (November 24, 2020), or an amendment thereto, which does not conform, after the passage of this Zoning Code, or an amendment thereto, with the use regulations of the district in which it is situated.
(135) Off-Road Vehicle. A motor vehicle capable of cross-country travel, without the benefit of a road or trail, on or immediately over land, water, snow, ice, marsh, swampland or other natural terrain. The term includes but is not limited to, multi-wheel drive or low-pressure tire vehicles, motorcycles and related two-wheel vehicles and amphibious machines which derive motive power from a source other than muscle or wind.
(136) “Orchard.” The establishment, care, and harvesting of a group of more than ten fruit or nut bearing trees.
(137) “Outdoor Recreation Uses.” Recreation engaged in out of doors, most commonly in natural settings. Including but not limited to; baseball, soccer, basketball, nature trails, educational laboratories, etc.
(138) “Outdoor Storage.” All or part of a lot that is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall include, but not be limited to, tractors, backhoes, heavy equipment, construction materials and other similar items. Parking of this equipment should be intermittent.
(139) “Outlot.” When included within the boundary of a recorded plat, means a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use. Any area for other uses shall be so stated on the plat.
(140) “Parcel.” A continuous area or acreage of land which can be legally described.
(141) “Parking Space.” An area enclosed in the main building or in an accessory building, or unenclosed, sufficient in size to store one standard automobile and, exclusive of a driveway or aisleway connecting the parking space with a street or alley, and permitting the satisfactory ingress and egress of an automobile.
(142) “Personal Service Establishment.” An establishment or place of business primarily engaged in the provision of services of a personal nature, which are usually but not always recurrent in nature. Typical uses include, but are not limited to, barber shops, beauty salons, beauty shops, tattoo parlors, photographic studios, dry cleaning and laundry pick-up stores, laundromats, catering, shoe repair, millinery shops, and tailor and dressmaker shops.
(143) “Pet Shop.” A pet shop or pet store is a retail business which sells different kinds of animals to the public. A variety of animal supplies and pet accessories are also sold in pet shops.
(144) “Pharmacy.” A store, office, etc. where drugs and medicines are dispensed.
(145) “Photocopy Service.” A business that reproduces drawings, plans, maps or other documents by means of blueprinting or photocopying.
(146) “Plan.” The proposal for the implementation of any development, including a plat of the subdivision, all covenants, grants of easement and other conditions relating to the use, location and mass of buildings, density of development, common open space and public facilities. The plan shall include such information as required by this chapter. The phrase “provisions of the plan,” where used in these regulations, shall refer to those documents, written and graphic, referred to in this definition.
(147) “Planned Unit Development.” A large-scale development to be constructed, usually in stages, involving a related group of residences and associated uses, planned as an entity, and which can be planned, developed and regulated as one land use unit, rather than as an aggregation of individual buildings on separate lots.
(148) “Planned Unit Residential Development or PURD.” An area of land, consisting of not less than three acres, controlled by a unified ownership, to be developed in the City of Battle Creek Master Plan as a single entity for a number of dwelling units and accessory uses incidental thereto as hereinafter provided, the plan for which may not correspond in lot size, type of dwelling unit, density, lot coverage or required open space to the regulations in any one residential district established by any other article of these regulations.
(149) “Planning Commission.” The Planning Commission of the City as established under Public Act 33 of the Public Acts of 2008, as amended, being MCL 125.3811.
(150) “Plat.” A map of a subdivision, an assessor's plat or a replat.
A. “Final Plat.” A map of all or a part of the subdivision, prepared and certified by a licensed professional engineer or land surveyor in accordance with the Land Division Act (formerly the Subdivision Control Act), being Public Act 288 of 1967, as amended, being MCL 560.01 et. seq.
B. “Pre-Preliminary Plat.” An informal plan or sketch drawn to scale and in sufficient detail to show existing features of a site and its surroundings and the general layout of a proposed subdivision.
C. “Preliminary Plat.” A plan showing the preliminary layout of a subdivision in sufficient detail to allow review by the Planning Commission and other interested agencies.
(151) “Print Shop.” A retail establishment which provides duplicating services using photocopy, blueprint or off-set printing equipment, which may also include the collating of booklets and reports.
(152) “Private Club.” An establishment not open to the public and used for the meeting of a nonprofit organization of persons operated for the promotion and promulgation of common interests. The term “private club” does not include churches and missions.
(153) “Private Garden.” An accessory use where the owner or tenant cultivates food crops and/or non-food crops primarily for personal use on the property they reside, or on vacant land not exceeding one acre of land.
(154) “Professional Office.” One of the following; but is not limited to, an attorney's office, an architect's office, an engineer's office, an insurance office, an accountant's office and a real estate office, but not medical, dental or veterinary office, clinic or laboratory.
(155) “Proprietor.” A person who may hold an ownership interest in land, whether such land is recorded or not.
(156) “Public Park.” Any park owned and maintained by the City or other local form of government.
(157) “Public Utility.” All persons providing gas, electricity, water, steam, communications, storm sewers, sanitary sewers, transportation or other services of a similar nature.
(158) “Public Sewer.” A sewerage system as defined in Public Act 451 of 1994, as amended, being MCL 324.4101(h).
(159) “Public Water.” A waterworks system, as defined in Public Act 451 of 1994, as amended, being MCL 324.5403(g).
(160) “Rainwater Catchment System.” A method of catching rainwater runoff, including from the roof of a structure into rain gutters that channel into a rain barrel, drum, or cistern.
(161) “Recreational Vehicle.” Include, but are not limited to boats and/or boat trailers, snowmobiles, all-terrain vehicles, travel trailers, campers, camping tents, motor homes, utility trailers and any other equipment designed to be used for a temporary dwelling for travel, recreation, and vacation or periodical use.
(162) “Religious Institution.” A building that people regularly attend to participate in or hold religious services, meetings or other religious activities of any denomination.
(163) “Replat.” The process of changing the boundaries of a recorded subdivision plat or part thereof or the map or plat that changes such boundaries. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.
(164) “Research and Development.” Research, development and testing related to such fields as chemical, pharmaceutical, medical, bio-medical, liquid, crystal, telecommunication, software, electrical, transportation and engineering.
(165) “Residential Cluster Subdivision.” A subdivision in which individual houses are grouped together and the remainder of the subdivision is undeveloped and reserved for the common enjoyment of residents of the subdivision as open space or recreation area.
(166) “Restaurant.”
A. “Carry-Out Restaurant.” A structure which is maintained, operated, and advertised or held out to the public as a place where the principal activity is food, confections, frozen dessert and beverage take-out service and which includes, as an accessory use, a dining or eating area which has seating for no more than twelve persons, where food and beverages may be selected and consumed within the structure.
B. “Drive-In Restaurant.” A restaurant where, either by design or physical facilities or by service and/or packaging procedures, patrons are encouraged to consume their purchases while seated in their motor vehicles in the off-street parking area accessory to the business.
C. “Drive-Thru Restaurant.” A structure or portion of a structure which is maintained, operated, and advertised or held out to the public as a place where food, confections, frozen dessert, and/or beverages are purchased by customers from a drive-up window while seated in their motor vehicle and where no consumption of such food or beverage shall take place anywhere on the site or within the structure.
D. “Full-Service Restaurant.” A structure or portion of a structure which is maintained, operated, and advertised or held out to the public as a place where food, confections, frozen dessert and beverages are served and consumed at chairs and tables primarily within the structure.
E. “Limited Service Restaurant.” Establishments whose patrons generally order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers’ locations.
(167) “Retail Sales.” A business that sells commodities or goods in small quantities to the public for personal, household, or business consumption. Includes but not limited to: auction rooms, consignment shop, secondhand goods, monument sales, office equipment sales, blueprint, photostat and photo-copying establishments, air conditioning sales, electrical and lighting fixture sales, furniture upholstery and refinishing establishments, lawnmower sales, locksmith shops, plumbing and heating sales, radio and television sales, sign painting shops (no outside storage), antiques and collectibles, bakeries and catering.
(168) “Right of Way.” Land reserved, used or to be used for a street, alley, walk easement or other public purpose.
(169) “Rooming and Boarding House.” Any dwelling occupied in such a manner that certain rooms, in excess of those used by the members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide therein or therewith, cooking or kitchen accommodations for individuals leasing or renting rooms. In the case of single and two family dwellings the number of such bedrooms leased or rented to roomers shall not exceed three, unless such dwellings be made to comply in all respects with the provisions of the Housing Law of Michigan, Public Act 167 of 1917, as amended, being MCL 125.401 et seq., relating to multiple dwellings.
(170) “Runway.” A defined area on an airport prepared for the landing and takeoff of aircraft along its length.
(171) “School.” A public or private school offering education to students enrolled in kindergarten or one or more grades of one through twelve.
(172) "School Property." A building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses.
(173) “Second Hand Good.” A piece of personal property that is being purchased by or otherwise transferred to a second or later end user.
(174) “Self-Storage Facility.” An establishment renting units for storage space, usually on a short-term basis. Self-storage tenants include businesses and individuals.
(175) “Setback.” Distance between lot line and structure.
(176) “Shelter.” A facility providing temporary lodging and ancillary services, such as the provision of food, clothing or other services, to alleviate the suffering of indigent, needy, homeless or transient persons.
(177) “Sidewalk.” A facility, placed within the right of way of existing streets, or a facility connecting with buildings, parking lots or other activities, having access to the street right of way for the purpose of providing safe and convenient movement of pedestrians.
(178) “Sight Distance.” The minimum extent to unobstructed vision, on a horizontal plane, along a street from a point three and one-half feet above the centerline of such street.
(179) “Single Family Dwelling Unit Attached.” A single dwelling that is attached to or shares a common vertical wall with one or more other dwellings.
(180) “Single Family Dwelling Unit Detached.” A single dwelling unit not attached to any other dwelling or structure (except its own garage or shed). A detached single dwelling house open space on all sides, and has no dwellings either above it or below it.
(181) “Sketch Plan.” A plan or sketch drawn to scale showing the existing features of a site and its surroundings and the suggested layout of the proposed subdivision.
(182) “Small Winery.” A licensed establishment that manufactures and sells at that establishment wine pursuant and subject to the requirements established by the State of Michigan for a small wine maker.
(183) “Solar Energy Facility.” Any type of facility that converts sunlight into electricity.
(184) “Spirit.” Any beverage which contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than 21% by volume, except for sacramental wine and mixed spirit drink.
(185) “State Licensed Residential Facilities.”
A. “Adult Foster Care Facilities.” A structure constructed for residential purposes that is licensed by the state pursuant to the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, as amended, being MCL 400.701, et seq.
1. “State Licensed Residential Facility, Adult Foster Care Family Home.” A private residence with the approved capacity to receive at least three but not more than six adults to be provided with foster care. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.
2. “State Licensed Residential Facility, Adult Foster Care Small Group Home.” An adult foster care facility with the approved capacity to receive at least three but not more than twelve to be provided with foster care.
3. “State Licensed Residential Facility, Adult Foster Care Large Group Home.” An adult foster care facility with the approved capacity to receive at least thirteen but not more than twenty adults to be provided with foster care.
B. “Child Care Facilities.” As used in this Zoning Code, the following definitions shall apply to child care facilities:
1. “State Licensed Child Care Family Home.” A private home in which one but fewer than eight minor children are received for care and supervision for compensation by the resident of the home for periods of less than twenty-four hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family child care home includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. A child care family home does not include an individual providing babysitting services for another individual. All family child care homes shall be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency. The licensee shall be a member of the household and occupant.
2. “State Licensed Child Care Group Home.” A private home in which more than seven but not more than fourteen minor children are given care and supervision by the resident of the home for periods of less than twenty-four hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year. All group child care homes shall be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.
3. “Child Care Center.” A facility, other than a private residence, receiving one or more children under thirteen years of age for care for periods of less than twenty-four hours a day, where the parents or guardians are not immediately available to the child. Child care center includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. All child care centers shall be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.
(186) “Story.” That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. See Figure 5.
Figure 5. Basement, Cellar, Story Illustration (same image as Figure 1 and Figure 3)
( 187) “Story, Half.” A space under a sloping roof which has the line of intersection of the roof decking and the wall face not more than five feet above the top floor level, in which space not more than 60% of the floor area is finished off for use and which may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
(188) “Street.” All property dedicated or intended for public or private street, highway, freeway or roadway purposes, or subject to a public easement therefor.
A. “Major Street.” A street designated as a major street pursuant to the State Trunk Line Highway System, Public Act 51 of 1951, as amended, MCL 247.651 et seq. Roadways that serve as the primary streets within the city and connect areas of activity to one another. Major streets connect to freeways/expressways that serve regional and interstate traffic.
B. “Minor Street.” A street designated as a minor street pursuant to the State Trunk Line Highway System, Public Act 51 of 1951, as amended, being MCL 247.651 et seq. A “Minor Street” includes a street supplementary to a secondary street intended to serve the local needs of the neighborhood and of limited continuity used primarily as access to abutting residential properties.
(189) “Structural Alteration.” A change in the supporting members of a building, or structure, such as bearing walls or partitions, columns, beams or girders, or a substantial change in the roof or in the exterior walls except such alterations as may be required for the safety of the building or structure, and changes and alterations of the facade of a building.
(190) “Structure.” Anything constructed or erected, the use of which requires a permanent location on the ground or which is attached to something having a permanent location on the ground, including, but not limited to, advertising signs, billboards, television receiving dishes, fences, tents, and pergolas.
(191) “Studio.” A workplace for radio, television, music, dancing, interior decorating and theatrical instruction.
(192) “Subdivide.” The partitioning or dividing of a parcel or tract of land by the proprietor thereof, or by his heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease for more than one year, or of a building development, where the act of division creates five or more parcels of land, each of which is ten acres or less in area, or five or more parcels of land, each of which is ten acres or less in area and created by successive divisions within a period of ten years.
(193) “Subdivider.” A person engaged in the subdividing of land under these Subdivision Regulations for theirself or for another.
(194) “Subdivision Control Act.” Public Act 288 of 1967, as amended, being MCL 560.101 et seq., of the State of Michigan, now known as the "Land Division Act".
(195) “Surveyor.” Either a land surveyor who is licensed in the State as a licensed land surveyor or a civil engineer who is licensed in the State as a licensed professional engineer.
(196) “Tattoo Parlor.” A business having as its principal activity the application or placing, by any method, of designs, letters, scrolls, figures, symbols or other marks upon or under the human skin with ink or any other substance or method resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.
(197) “Topographical Map.” A map showing existing physical characteristics, with contour lines at sufficient intervals to permit the determination of proposed grades and drainage.
(198) “Tower.” Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice or skeleton towers, guyed towers, or monopole towers. The term also includes radio and television transmission towers, microwave towers, common carrier towers, wireless communication service towers, alternative tower structures, and the like. The term includes the structure and any support thereof.
(199) “Transitional and Supportive Residential Housing Facilities.” A residential housing facility that is specifically established for persons seeking a place which provides onsite (and/ or offsite) transitional and/ or supportive services. The defining characteristics of this facility is that the residents be members of a target population that may be persons with low incomes who have one or more disabilities; that the facility provides a temporary, short- or long-term housing opportunity; and, that all residents within the facility share a bond and related purpose which may be associated with on-site or off-site services. Examples of target populations include: adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Examples of shared bond of related services may consist of recovering alcoholic, drug addiction, etc. This housing facility is different from those facilities that would be required to hold a State Licensed Residential Facility and a Group Home, or a Rooming or Boarding House.
(200) “Tree Farm.” Any parcel of land used to raise or harvest more than ten trees for wood products, Christmas Trees, transplanting, and/or where forest products are sold on-site or transported to market.
(201) “Turnabout.” An area abutting an improved driveway used solely for intermittent parking, loading and unloading, turning around, washing or waxing a motor vehicle.
(202) “Unified Ownership.” The proprietary interest of each and every person in a tract of land.
(203) “Urban Commercial Farm.” Land used for the cultivation of food crops and/or non-food crops primarily for sale or profit by the owner, tenant, and/or employees of the owner.
(204) “Vehicle.” A machine that transports people or cargo.
(205) “Vehicle Repair, Major.” Any establishment where major repairs are performed on motor vehicles, including aircraft, watercraft, and semi-trucks. Major repairs include engine rebuilding, rebuilding or reconditioning of vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of vehicles, overhauling of engine requiring removal of cylinder head or crank case pan, steam cleaning and similar activities.
(206) “Vehicle Repair, Minor.” Buildings or structures which are designed or used for furnishing fuel, lubricants, air, water and other operating commodities for motor vehicles, including aircraft and water craft, but excluding semi-trucks, and which has space and facilities for: 1) the storage of such fuel in underground tanks; or 2) the installation of such commodities on or in such vehicles, and the storage, minor repair or servicing of such vehicles, but which does not have a space and facilities for the major repair, bumping, painting, refinishing, overhauling, steam cleaning, rust proofing, or high speed washing of such vehicles.
(207) “Visitor Information Center.” An establishment used for the dissemination of cultural, historic or tourist information.
(208) “Walk Easement.” The right of way dedicated to public use, which crosses a block between streets to facilitate pedestrian access to adjacent streets and properties.
(209) “Warehouse.” A building or part of a building used or intended to be used primarily for the storage of goods or chattels that are to be sold retail or wholesale from other establishments or sold wholesale from the same premises, for the storage of goods or chattels to be shipped on mail order, for the storage of equipment or materials to be used or installed at other establishments by the owner or operator of the warehouse, or for similar storage purposes.
(210) “Water Resources Commission.” The Waterways Commission of the State of Michigan.
(211) “Wholesale.” Business establishments that generally sell commodities in large quantities or by the piece to retailers, other wholesale establishments, or manufacturing establishments. The commodities are generally for further resale, for use in the fabrication of a product, or for use by a business service.
(212) “Wind Energy System.” Any type of facility that converts wind into electricity.
(213) “Wireless Communication Service.” The transmission and receipt of radio signals by communications towers and antenna, which includes, without limitation, both cellular and personal communications services.
(214) “Yard. An open space that is on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used.
A. “Front Yard.” That area measured by the full width of lot line abutting a street right-of-way to a depth measured from such lot line to the first supporting member of the main structure. The first supporting member includes the main building or any projection thereof, other than the usual steps, entranceways, unenclosed balconies or open roofless porches. See Figure 6.
B. “Primary Front Yard.” That area measured by the full width of the front lot line to the first supporting member of the façade of the main structure.
C. “Secondary Front Yard.” That area measured from an exterior side lot line or a rear lot line bordering a street to the first supporting member of the main structure.
D. “Front Yards for Waterfront Lots.” For the purpose of this Zoning Code, properties having frontage on a lake, river, creek or other waterway shall be required to meet front yard requirements along that water frontage and along any street frontage. In Figure 6, where “utility easement” is a water body, the rear yard shall be required to meet front yard requirements. This requirement also applies to side yards when water courses follow the side yard lot line.
Figure 6. Yard Terms
E. “Rear Yard.” A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or a projection thereof, other than steps, unenclosed balconies or porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard. See Figure 6.
F. “Side Yard.” A yard between the main building and the side line of a lot that extends from the front yard line to the rear yard line. See Figure 6.
(215) “Zoning Administrator or Their Designee.” The Manager of Planning and Zoning, as well as any division or employee reporting to the Manager, which or who is charged with the responsibility for administering and enforcing this Zoning Code.
(216) “Zoning Code.” Ordinance 10-2020, passed November 24, 2020, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
(217) “Zoning District.” A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
(b) Sign Definitions.
(1) “Abandoned sign.” A sign structure which does not have a panel, or has a blank panel, for 90 days or more.
(2) “Animated Sign.” A sign that includes any action or motion of the sign or its message, copy or text. It includes signs or devices environmentally activated or motivated by wind, thermal changes or other natural environmental input, and includes spinners, pinwheels, pennant strings, and/or devices or displays that respond to naturally occurring external motivation.
(3) “Area of Sign.” The entire area within a circle, triangle, parallelogram or any other shape which encloses the extreme limits of writing, representation, emblem, logo or any other figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign.
(4) “Banner Sign.” A sign on paper, cloth, fabric or other flexible or combustible material of any kind that is attached flat either to a wall or temporarily to a permanent sign face. See Figure 7.
Figure 7. Banner Sign Illustration
(5)
“Blade Sign.” A projecting or suspended sign that is perpendicular to the building facade, that is mounted below the awning, canopy, or other first floor overhangs and/or over the building or store entryway and for which the primary audience is pedestrians.
(6) “Billboard.” A sign intended to allow for visibility from high traffic volume roadways that is designed and constructed for the purpose of leasing the sign face.
(7) “Building Frontage.” The linear length of any one side of a building.
(8) “Canopy.” A permanent, roof-like shelter that extends from part or all of a building face or which can be a separate structure, and is constructed of some durable material such as metal, wood, glass, plastic or other synthetic derivative. See Figure 8.
Figure 8. Canopy Sign Illustration
(9) “Canopy sign.” A sign attached to or constructed in or on a canopy. See Figure 8.
(10) “Changeable Copy Sign.” A sign that includes any of the following:
A. “Automatic.” An electronically or computer-controlled sign whose message, copy, or content consists of alphabetic or pictographic components or a combination thereof arranged on a display surface and changed by computer or other electronic means.
Such signs include displays using incandescent lamps, light emitting diodes, liquid crystal displays, or a flipper matrix; or
B. “Manual.” A sign on which copy is changed manually, such as reader boards with changeable letters or pictorials.
(11) “Directional Sign.” A sign that's intended to direct the flow of traffic, transmit parking information or convey similar such information.
(12) “Erected.” Attached, altered, built, constructed, reconstructed, enlarged, or moved, but does not include copy changes on changeable copy signs.
(13) “Flashing sign.” A sign which contains an intermittent, flashing, blinking, or traveling light source which includes signs that give the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. They are considered to be flashing if they change more frequently than every 8 seconds.
(14) “Freestanding Sign.” A sign erected on a freestanding foundation, frame, mast, or pole and not attached to a building or structure.
(15) “Height of Sign.” The vertical distance as measured from the lowest point of the natural grade at the base of the sign to the highest point of the sign.
(16) “Illuminated Sign.” A sign that provides artificial light directly on or through any transparent or translucent material, from a source of light connected with such sign, or a sign illuminated by an external lighting source.
(17) “Monument Sign.” A base-mounted, freestanding sign placed in the ground and not attached to any building or other structure. See Figure 9
Figure 9. Monument Sign Illustration
(18) “Multiprism Sign.” A sign made of a series of multisided vertical panels that turn and stop or index to show a series of pictures or messages. A multiprism sign where the message changes more frequently than 2.5 seconds is a flashing sign.
(19) “Nonconforming Sign.” A sign, which lawfully occupied a building or land at the effective date of this Zoning Code, or any amendment thereto, that does not conform to the regulations of the district in which it is located.
(20) “Permanent Sign.” Any part of a sign or sign structure that require the use of tools or machinery for installation or removal regardless of the length of time the sign or sign structure is to remain.
(21) “Portable Sign.” A temporary sign whose supporting structure is intended, by design or construction, to be moved easily and may be propelled by its own power or by another vehicle to which it may be attached. "Portable signs" are not permanently affixed to the ground or structure, and may or may not have wheels, changeable letters and/or hitches for towing.
(22) “Public Right-of-Way.” Area on, below, or above a public roadway, highway, street, alley or easement.
(23) “Roof Sign.” A sign erected upon the roof or mounted at the top of a building wall which doesn’t include wall signs near the roof.
(24) “Sandwich Board Sign.” A portable temporary sign or sign board that is freestanding and not permanently anchored or secured to either a building, structure, or the ground. Often used synonymously with “sidewalk signs,” sandwich board signs include, but are not limited to, so called “A” frame, “T” shaped, or inverted “T” shaped stands.
(25) “Sidewalk Sign.” A temporary sign designed to be placed on, but not affixed to, the public sidewalk.
(26) “Sign.” A structure, device, light, letter, word, model, banner, balloon, pennant, insignia, billboard, emblem, logo, placard, poster, trade flag or representation, which is visible from a public place, including but not limited to, highways, streets, alleys, rear walls or public property, or is located on private property and exposed to the public. For the purposes of this Zoning Code, “sign” includes all sign support structures.
(27) “Substantially Alter.” A change in a sign or sign structure, as differentiated from maintenance or repair, including a change in height, location, area, shape or material, except that which occurs in manual or automatic changeable copy signs, including the wording, style or size of the lettering.
(28) “Temporary Sign.” A sign that can be installed and removed without any mechanical means or equipment.
(29) “Wall Sign.” A sign directly attached to the exterior wall. See Figure 10.
Figure 10. Wall Sign Illustration
(30) “Window Display Sign.” A sign which is attached to the exterior or interior surface of a window. See Figure 11.
Figure 11. Window Sign Illustration
(Ord. 10-2020. Passed 11- 24-20; Ord. 04-2021. Passed 4-13-21; Ord. 03- 2023. Passed 5-2-23; Ord. 12-2023. Passed 10-17-23.)