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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. Any subordinate building, such as a private garage, located on the same lot with the main building, or any portion of the main building if the portion is occupied or devoted exclusively to an accessory use. When an ACCESSORY BUILDING is attached to a main building by a wall or roof, the building shall be considered part of a main building for the purpose of determining the required dimensions of yards.
ACCESSORY USE. Any use customarily incidental to the main use of the premises. ACCESSORY USE shall include satellite antennae receivers.
ADULT FOSTER CARE FACILITY. A governmental or non-governmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuos nursing care. An ADULT FOSTER CARE FACILITY does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility.
ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee must be a member of the household and an occupant of the residence.
ADULT FOSTER CARE LARGE GROUP HOME. A facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
ADULT FOSTER CARE SMALL GROUP HOME. A facility with approved capacity to receive 12 or fewer adults who are provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
ALLEY. A public way which affords only secondary access to abutting property, not a street as herein defined.
ALTERATION OF BUILDING. A change in the supporting members of a building, and addition to, or a diminution, change in use or conversion of a building or a part thereof.
ANIMAL HOSPITAL. See KENNEL.
AUTOMOBILE STORAGE, DAMAGED. Any storage of vehicles that are not road worthy (defined as unable to pass a state police safety check) not incidental to a vehicle repair shop or service garage.
BASEMENT. A room or portion thereof or any portion of a building which has a floor level more than three feet below ground, containing any of the following features:
(1) Mechanical equipment such as heating, metering or laundry facilities;
(2) No doorway opening directly to ground level or upon a hallway with such a doorway; and/or
(3) No sash windows.
BED AND BREAKFAST. The actual or intended rental of a lodging room or lodging rooms in an owner-occupied dwelling for periods of not more than 14 continuous days, without the provision of separate cooking facilities or meals except breakfast.
BOARD OF APPEALS. The Zoning Board of Appeals of the City of Bronson.
BOARDING HOUSE or ROOMING HOUSE. A dwelling having one kitchen and used for the purpose of providing meals or lodging for pay or compensation of any kind to more than two persons other than members of the family occupying the dwelling.
BREEZE WAY. Any covered passageway between two buildings, the sides of which may be enclosed by lattice, screens or other material allowing passage of air.
BUILDING. A structure erected or placed on-site, a moveable pre-manufactured or precut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.
CHILD CARING INSTITUTION. A child care facility which is organized for the purpose of receiving minor children for care, maintenance and supervision, usually on a 24-hour basis, in a building maintained for that purpose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools or an adult foster care facility in which a child has been placed.
CHURCH. An organization that provides for religious worship.
COMPARISON RETAIL. A facility which offers for sale to the general public, products and commodities of a durable nature such as hardware, apparel and appliances.
CONVENIENCE RETAIL. A facility which offers for sale to the general public, products, commodities or services for daily living, primarily foodstuffs, health and beauty aids and products of a consumable or perishable nature.
DENSITY. A calculation of the maximum number of dwelling units per acre.
DWELLING. Any building or portion thereof usable exclusively for residential purposes.
(1) DWELLING, TWO-FAMILY. A building containing not more than two separate dwelling units designed for residential use and conforming in all other respect to the standards set forth in § 154.58.
(2) DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in § 154.58.
DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one family.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings other than the buildings as are primarily enclosures or shelters of the mentioned equipment.
FAMILY. Two or more persons related by blood, marriage or adoption, and residing together.
FAMILY DAY CARE HOME. A private home in which one but less than seven minor children are received for care and supervision for periods less than 24 hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage or adoption. FAMILY DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
FARM. Any area of two acres or more, used for agricultural purposes and uses incidental thereto, but not to include the raising or keeping of livestock or fowl, provided that the incidental uses shall be subordinate to normal agricultural uses.
FARM BUILDINGS. Any detached accessory building or portion of a main building used for the storage or housing of farm implements or produce.
FLOOR AREA. The area of all floors computed by measuring the dimensions of the outside walls, excluding attic and basement floors, porches, patios, breeze ways, carports and garages, or portions of rooms with less than seven feet of space between the floor and ceiling.
FOSTER FAMILY GROUP HOME. A private home in which more that four but less than seven minor children, who are not related to an adult member of the household by blood, marriage or adoption are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
FUEL DISPENSING SITE. A location for retail self-service refueling of diesel, gasoline, kerosene, propane, fuel cells or any vehicle propulsion product.
GARAGE, PRIVATE. A detached accessory building or portion of a main building used for the storage of passenger vehicles and/or trucks of a rated capacity of one ton or less.
GARAGE, SERVICE. Any building or structure designed or used for the hire, sale, storage, service, repair or refurbishing of motor vehicles or trailers, but not for the storage of dismantled vehicles or parts thereof for purposes of reuse or resale.
GASOLINE SERVICE STATION. Any building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water or other operating commodities for motor vehicles, and including the customary space and facilities for the installation or furnishing of the commodities on or in or to the vehicles and for the washing or polishing of the vehicles, but not including the use of space or facilities for the refinishing of motor vehicles or for the dismantling, for purposes of reuse or resale, of motor vehicles or parts thereof, or for the outdoor storage or repair of motor vehicles or parts thereof.
GRAMMAR CLARIFICATION. The present tense shall include the future; the singular number shall include the plural; and the plural shall include the singular. The word “shall” is always mandatory. The words ZONE and DISTRICT are the same.
GROUP DAY CARE HOME. A private home in which six but not more than 12 minor children are received for care and supervision for periods less than 24 hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage or adoption. GROUP DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
HEIGHT OF BUILDING. The vertical distance, measured from the adjoining curb level, to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
HOME APPLIANCE REPAIR SHOP. A commercial facility for the restoration of damaged, inoperable or broken machines which are typically used in the home.
HOME OCCUPATION. See § 154.09(C)(1).
INSTITUTIONAL AND PUBLIC USES. Churches, schools, hospitals, convalescent or nursing homes, public or quasi-public nonprofit uses, utility transmission towers, above ground regulator or substation structures, buildings owned or occupied by public utilities and governmental buildings.
JUNK YARD. An establishment or place of business which is maintained, operated or used for storing, keeping, or selling junk. JUNK is considered to be old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof. JUNK YARDS are considered to be different in nature than salvage resource recovery facilities, which act as temporary storing and transfer facilities.
KENNEL. Any building or land used for the sale, boarding, treatment or breeding of dogs, cats or other household pets.
LEGISLATIVE BODY. The City Council of the City of Bronson.
LOT. A parcel or portion of land, exclusive of any adjoining street, separated from other parcels or portions by description.
LOT, CORNER. Any lot having at least two contiguous sides abutting upon a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees. A lot abutting upon a curbed street or streets shall be considered a CORNER LOT if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than 135 degrees.
LOT LINE. Any line bounding a lot:
(1) FRONT LOT LINE. The line separating the lot from the street; in the case of a corner lot, the line separating the narrowest side of the lot from the street.
(2) REAR LOT LINE. The line opposite to and most distant from the front line; in irregularly shaped lots, it shall be the straight line entirely within the lot, ten feet long, parallel to and most distant from the front lot line.
(3) SIDE LOT LINES. Any line other than front or rear lot lines.
(4) STREET OR ALLEY LOT LINES. Any line separating a lot from a street or alley.
MEDICAL MARIJUANA. Defined in accord with M.C.L.A. § 333.26423 and the regulations adopted by the state, Department of Community Health, pursuant to authority conferred by § 5 of Initiated Law 1 of 2008, being M.C.L.A. § 333.26425, and the where contemplated by the city code, unless defined otherwise herein.
MEDICAL MARIJUANA MANUFACTURING AND DISTRIBUTION. Defined in accord with M.C.L.A. § 333.26423, and the regulations adopted by the state, Department of Community Health, pursuant to authority conferred by § 5 of Initiated Law 1 of 2008, and the where contemplated by the city code, unless defined otherwise herein.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, and which includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle.
MOBILE HOME PARK - MANUFACTURED HOUSING COMMUNITY. A parcel of land under the control of a person upon which three or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose, regardless of whether a charge if made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.
MOTELS. Groups of furnished rooms or separate structures providing sleeping and parking accommodations for transient tourist trade.
MUNICIPALITY. The City of Bronson.
NONCONFORMING BUILDING. Any building or portion thereof lawfully existing at the time this chapter became effective and which now does not comply with its regulations.
NONCONFORMING USE. Any property use which was lawful at the time this chapter became effective and which now does not comply with its regulations.
PARKING, OFF-STREET ACCESSORY. Any parking area located on the same property it is intended to serve, or across an alley therefrom, and within a district which is not of greater restriction than the property it is intended to serve.
PARKING, OFF-STREET RESTRICTED ACCESSORY. Any parking area located in a residential district intended to serve a business or industrial establishment, provided at least 50 feet of a lot line of the parking abuts a business or industrial district either directly or across an alley therefrom.
PARKING SPACE, MOTOR VEHICLE. Any accessible area of not less than nine feet by 18 feet exclusive of access drive and aisles and which is not located on a public street or alley right-of-way and has a shape satisfactory for parking of motor vehicles.
PETROLEUM BULK PLANT. An establishment for the storage of petroleum products, in bulk and in packages, distribution by tank car, tank vehicle or motor truck.
PLANNING COMMISSION. The Planning Commission of the City of Bronson.
POOL PRIVATE SWIMMING. Any artificially constructed basin or other structure for the holding of water for use for swimming, diving and other aquatic sports and recreation.
PRINCIPAL BUILDING. A building in which is conducted the principal use allowed of the lot in the district in which it is situated.
PRINCIPAL USE. The primary or predominant use of the premises.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board, duly authorized to furnish and furnishing under federal, state or municipal regulations to the public, electricity, gas, steam, communication, telegraph, transportation or water.
RECREATION EQUIPMENT. This equipment shall include travel trailers, pickup campers, motor homes, ice fishing houses, tent trailers, tents, snowmobiles, boats, trampolines, boat trailers and similar equipment and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not.
RECREATIONAL VEHICLE. A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.
SALVAGE YARD. A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, cleaned or handled, including house and vehicle wrecking yards, used lumber yards and places or yards for use of salvaged house and vehicle parts and structural steel materials and equipment, but excluding the uses conducted entirely within a completely enclosed building and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and excluding the processing of used, discarded or salvaged materials as part of manufacturing operations.
SCHOOL. An organization that provides general instruction and teaching for children.
SIGNS. Any announcement, declaration, display, illustration or insignia used to advertise or promote the interests of any persons or product when the same is placed out-of-doors in view of the general public, including every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign and temporary sign.
SINGLE OWNERSHIP. Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common of a separate parcel of real property not adjacent to land in the same ownership.
SPECIAL LAND USE. A special land use is a use permitted in a given zone when the use is specified in § 154.09(A) and has been reviewed by the Planning Commission, after application, to assure that all specified conditions are met.
STABLE, PRIVATE. Any building for shelter of horses not kept for remuneration, hire or sale.
STORY. The portion of a building included between the surface of any floor above the average elevation or ground at the foundation wall and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
STREET. A public right-of-way which has been dedicated to the public and accepted for the purpose of providing access to abutting private lots or land, including space for curb, gutter, paving and sidewalks.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TOURIST HOME, BOARDING, ROOMING AND LODGING HOMES. The actual or intended rental of a lodging room or lodging rooms in an owner-occupied dwelling for periods of not more than 14 continuous days, without the provision of separate cooking facilities or meals.
TRAILER. Any vehicle designed to be drawn by an automotive vehicle.
TRUCK TRACTOR AND/OR TRAILER RIG. A truck vehicle unit as classified by the American association of state highway officials as a wb-40 or wb-50 vehicle.
(1) The minimum specifications are as follows:
13+27 = 40 feet
20+30 = 50 feet
(2) This classification applies to truck tractors with or without trailer rigs.
VARIANCE. A modification of the required provisions of the physical development or land use standards of the zoning ordinance granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted. The crucial points of a VARIANCE are undue hardship and unique circumstances applying to the property. A VARIANCE is not justified unless both elements are present in the case.
VEHICLE REPAIR SHOP. A building used for the painting or repair of damaged motor vehicles, boats, mobile housing facilities or trailers.
VEHICLE SALES AREA - LOT.
(1) A lot or portion thereof to be used only for the display, sale or rental of new - used motor vehicles, boats, mobile housing facilities or trailers, all in working or road worthy condition.
(2) A VEHICLE SALES AREA - LOT shall not be used for:
(a) The storage of wrecked vehicles;
(b) The dismantling of the vehicles; or
(c) The storage of parts.
YARD, FRONT. The open space extending the full width of the lot between the main building and front lot line except as provided in § 154.44.
YARD, LEAST DEPTH OR WIDTH. The shortest horizontal distance from each of the lot lines to the building thereon.
YARD, REAR. The open space extending the full width of the lot between the main building and the rear lot line, except as provided in § 154.46.
YARD, SIDE. The open space extending from the front yard to the rear yard between the main building and the side lot line, except as provided in § 154.45.
ZONING OFFICIAL. City Manager or a designee appointed by the City Manager to enforce and administer this chapter with the cooperation and assistance of the County Building Inspector.
(Ord. 161, passed 12-10-2001; Ord. 176, passed 5-9-2011; Ord. 182, § 2, passed 2-13-2012)