For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY AMUSEMENT USE. Any nonresidential establishment in which 3 or less mechanical amusement devices for hire are located as regulated by §§ 113.01et seq. of this code.
ACCESSORY BUILDING. A subordinate building or a portion of a main building, the use of which is incidental to that of the main building, and which is located on the same parcel of property with the principal use.
ACCESSORY USE. A use of land or a portion of the building customarily incidental and subordinate to the actual principal use of the land or building and located on the same parcel of property with the principal use.
ADULT BOOK STORE. An establishment, having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of this type of material.
ADULT MINI MOTION PICTURE THEATER. An enclosed building or open area with a capacity of 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building or open area with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons therein.
AGRICULTURE. Any land or building used for the purpose of producing grain, vegetables, livestock, or fowl, as a principal means of livelihood.
ALLEY. A public way which affords a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS. Any change, addition, or modification in construction or type of occupancy; any change in the structural members of a building, such as walls, partitions, columns, beams, girders; any substantial changes in the roof or exterior walls; any change in the location of a building; or any change which may be referred to herein as ALTERED or RECONSTRUCTED.
APARTMENT. A room or suite of rooms used as a dwelling for 1 family which does its cooking therein.
APARTMENT HOUSE. A residential structure containing 3 or more attached apartments.
APPROVED SERVICE DRIVEWAY. Constructed of concrete, asphalt, aggregate, or of a like material approved by the Department of Public Works.
ARCADE. Any nonresidential establishment in which 4 or more mechanical amusement devices for hire are located as regulated by §§ 113.01et seq. of this code.
ARCHITECTURAL FEATURES. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.
AUTOMOBILE REPAIR. General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, overall painting, vehicle rustproofing, and any related activities.
AUTOMOBILE WASH ESTABLISHMENTS. A building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
BASEMENT. The portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A BASEMENT shall not be included as a story for height measurement. (See Appendix B - This Chapter.)
BEDROOM. A room in a dwelling unit for or intended to be used solely for sleeping purposes by human beings.
BILLBOARD. Any construction or portion thereof upon which a sign or advertisement used as an outdoor display for the purpose of making anything known to the general public, but not including bulletin boards used to display official court of public offer notices.
BLOCK. The property abutting 1 side of a street and lying between the 2 nearest intersecting streets, crossing or terminating; or between the nearest such street, unsubdivided acreage, or between any of the foregoing and any other barrier to the continuity of development.
BOARD OF ZONING APPEALS, BOARD OF APPEALS, or BOARD. The Zoning Board of Appeals for the city.
BOARDING HOUSE. A dwelling where meals, or lodging and meals, are provided for compensation to 4 or more persons by prearrangement for definite periods of not less than 1 week. A BOARDING HOUSE is to be distinguished from a hotel, motel, or a convalescent or nursing home.
BUILDABLE AREA. On a lot, the space remaining after the minimum open space requirements of this ordinance have been complied with.
BUILDING. An independent structure having a roof supported by columns or walls, intended or used for shelter or enclosure of persons or chattel. When any portion thereof is completely separated from every other part by division walls from the ground up, and without openings, each portion of that building shall be deemed a separate BUILDING. This refers to both temporary and permanent structures and includes tents, sheds, garages, stables, greenhouses, or other accessory structures. BUILDING or STRUCTURE includes any part thereof.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot upon which it is situated.
BUILDING OFFICIAL. This term shall refer to the Building Official of the City, Building Inspector of the City or his or her authorized representative.
BUILDING PERMIT. The written authority issued by the Building Official permitting the construction, removal, repair, moving, alteration, or use of a building in conformity with the provisions of this ordinance.
BUILDING SETBACK LINE. The line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided for by this ordinance. This line when adjacent to a building is normally formed by the junction of the outer surface of the building or enclosure wall with the finish grade or surface of the adjoining ground.
CLINIC. A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than 1 professional, such as a physician, dentist, or the like.
COLLECTION/DONATION CONTAINER. A portable container primarily designed to allow individuals to dispose of unwanted items for the purpose of donation and/or repurpose located on a commercial or industrial property not designated for same use.
COMMERCIAL USE. Relates to the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services or the maintenance of offices, or recreational or amusement enterprises, or garage, basement, or yard sales conducted on residential premises for more than 6 calendar days during a given 1-year period.
COMMISSION or PLANNING COMMISSION. The City Planning Commission.
CONVALESCENT OR NURSING HOME. A home for the care of children or the aged or the infirm, or a place of rest for those suffering bodily disorders, wherein 3 or more persons are cared for. This home shall also conform to, and qualify for license under applicable state laws, even though state law may provide for different size regulations.
COUNCIL. The City Council of this city.
DECK. Any structure attached or detached from the main structure, with or without a roof, which allows entrance to that structure, or which is used for recreational, leisure, or any other purpose.
DENSITY. The number of dwelling units developed on an acre of land.
DESIGNATED CONSUMPTION ESTABLISHMENT. A commercial space that is licensed by the State of Michigan and City of Burton and authorized to permit adults 21 years of age and older to consume marijuana products at the location indicated on the state and city license. An establishment that allows consumption of marijuana products on the premises of a non-residential location and charges a fee for entry, sells goods or services while individuals are consuming on the premises, or requires membership for entry shall acquire a designated consumption establishment license.
DEVELOPMENTAL. The DEVELOPMENTAL land use classification represents areas which have characteristics that make land in those areas suitable for a wide range of uses. These parcels are generally large and have access to major streets, and water and sewer services, may be buffered from nearby residential areas. The purpose of this classification is to recognize the wide range of uses and land classifications appropriate for these parcels and which may be appropriate for, or the subject of rezoning requests other than for general industrial.
DISTRICT. A portion of the city within which certain uses of land or buildings are permitted and within which certain regulations and requirements apply under the provisions of this ordinance.
DRIVE-IN ESTABLISHMENTS. A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle (e.g., restaurants, cleaners, banks, theaters).
DWELLING, MULTIPLE. A building used for and as a residence for 3 or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including homes.
DWELLING, ROW, TERRACE, OR TOWNHOUSE. A row of 3 or more attached single-family dwellings, not more than 2.5 stories in height, in which each dwelling has its own front entrance and rear entrance.
DWELLING, SINGLE-FAMILY. A detached building occupied by 1 family and so designed and arranged as to provide living, cooking, and kitchen accommodations for 1 family only. Also known as a 1-FAMILY DWELLING.
DWELLING, 2-FAMILY. A detached 2-family dwelling that is occupied by 2 families, each provided with separate facilities for each family for living accommodations. Also known as a DUPLEX DWELLING.
DWELLING UNIT. Any house or building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of 1 family, either permanently or transiently, but in no case shall a trailer coach, automobile chassis, tent, or portable building be considered a DWELLING. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a DWELLING UNIT for the purpose of this ordinance and shall comply with the provisions thereof relative to dwellings.
EFFICIENCY UNIT. A dwelling consisting of 1 room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove, directly off the principal room providing not less than 350 square feet of floor area.
ERECTED. Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of ERECTION.
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, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith, as shall be reasonably necessary for the furnishing of adequate service by those public utilities or municipal departments or commissions or for the public health or general welfare, but not including buildings other than those buildings as are primarily enclosures or shelters of the above essential service equipment.
FAMILY. One or more persons related by bonds of marriage, blood, or legal adoption, or a group of not more than 5 persons (excluding servants and gratuitous guests) who need not be related by marriage, blood, or legal adoption, occupying a dwelling unit as a single nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, boarding house, or fraternity or sorority house.
FARM. All of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner, operator, manager, or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees; provided, however, that land to be considered a FARM hereunder shall include a continuous parcel of 5 acres or more in area; provided further, FARMS may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry or pigeon farms, and apiaries; but the keeping of fur-bearing animals or game, or the operation of fish hatcheries, stock yards, piggeries shall not be considered FARMS.
FARM BUILDING. Any building or structure other than a dwelling, moved upon, maintained, used, or built on a farm which is essential and customarily used on farms of that type for the pursuit of their agriculture activities.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings. The FLOOR AREA of a building shall include the basement floor area when more than ½ of the basement height is above the established curb level or finished lot grade, whichever is higher (see BASEMENT definition). Any space devoted to off-street parking or loading shall not be included in FLOOR AREA. Areas of basements, utility rooms, breezeways, unfinished attics, porches (enclosed or unenclosed), or attached garages are not included. (See illustration in Ord. 19, ser. 2, entitled Floor Area Terminology.)
FLOOR AREA, USABLE. The measurement shall include that portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used for storage of merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half-story, the USABLE FLOOR AREA shall be considered to be only that portion having a clear height above it of 5 feet or more. (See Appendix B - This Chapter.)
GARAGE, COMMUNITY. A space or structure or series of structures for the storage of motor vehicles having no public shop or service operated in connection therewith, for the use of 2 or more owners or occupants of property in the vicinity.
GARAGE, PRIVATE. A space or structure suitable for the storage of motor vehicles having no public shop or service in connection therewith, for the use solely of the owner or occupant of the principal building on a lot, or his or her family or domestic employees, and with a capacity of not more than 3 vehicles.
GARAGE, PUBLIC. A space or structure other than a private garage for the storage, care, repair, or refinishing of motor vehicles; provided, however, that a structure or room used solely for the display and sale of these vehicles in which they are not operated under their own power, and in connection with which there is no repair, maintenance, or refinishing service or storage of vehicles other than those displayed, shall not be considered as a PUBLIC GARAGE for the purpose of this ordinance.
GRADE. The building GRADE shall, in the case of fairly level ground conditions, be the level of the ground adjacent to the walls. For substantially unlevel ground conditions, the GRADE shall be the average elevation of the ground adjacent to the walls.
GREEN SPACE. An area planted with grass, flowers, trees, and the like, acceptable in species and caliper to the City Planning Commission.
GREENBELT. A strip of land which is planted with trees or shrubs acceptable in species and caliber to the Planning Commission. Fruit trees, nut trees, box elders, soft maples, willows, poplars, and all thorned trees shall not be permitted.
HEIGHT, BUILDING. The vertical distance measured from the grade of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridges) for gable, hip, and gambrel roofs. Where a building is located upon a terrace, the HEIGHT may be measured from the average ground level of the terrace at the building wall. (See Appendix B - This Chapter.)
HOME OCCUPATION. An occupation, profession, activity, or use that is clearly an incidental or secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL. A building, structure, or institution in which sick or injured persons, primarily in- patients, are given medical or surgical treatment and operating under license by the Health Department of the state.
HOTEL. A building occupied as a more or less temporary abiding place for individuals, who are lodged with or without meals in rooms occupied singly for hire, in which provision is not made for cooking on any individual plan and in which there are more than 10 sleeping rooms.
JUNK. Any motor vehicles, machinery, appliances, product, merchandise with parts missing, or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.
JUNK YARD. Includes automobile wrecking yards and salvage areas and includes any area of more than 200 square feet for storage, keeping, or abandonment of junk, including scrap metals, other scrap materials, or reclaimed materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof, but does not include uses established entirely within enclosed buildings.
KENNEL. Any lot or premises on which 3 or more dogs, 4 months or more old, are kept either permanently or temporarily boarded.
LOCATIONAL LIMITATIONS. When determining the distance requirements of any commercial medical marijuana transaction facility and/or marijuana establishment the term "within" shall mean measured from property line to property line.
LOT. A piece or parcel of land occupied or intended to be occupied by a building and any accessory buildings or by any other use or activity permitted thereon and including the open spaces and yards required under this ordinance, and having its frontage upon a public street or road either dedicated to the public or designated on a recorded subdivision. Provided, that the owner of any number of contiguous lots may have as many of those contiguous lots considered as a single LOT for the purpose of this ordinance as he or she so elects, and in that case the outside perimeter of the group of lots shall constitute the front, rear, and side lot lines thereof. This latter parcel is then often referred to as a ZONING LOT.
LOT AREA. The total horizontal area within the lot lines, as defined, of a lot. For lots fronting or lying adjacent to private streets, LOT AREA shall be interpreted to mean that area within lot lines separating the lot from the private street, and not the centerline of that street.
LOT, CORNER. A lot of which at least 2 adjacent sides abut for their full length upon a street, provided that those 2 sides intersect at an angle of not more than 135 degrees. Where a lot is on a curve, if tangents through the extreme point of the street line of the lot make an interior angle of not more than 135 degrees, it is a CORNER LOT. In the case of a CORNER LOT with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.
LOT COVERAGE. The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH. The mean horizontal distance from the center of the front street line to the center of the rear lot line.
LOT, DOUBLE FRONTAGE. A lot other than a corner lot having frontage on 2 more or less parallel streets. In the case of a row of DOUBLE FRONTAGE LOTS, 1 street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on 1 or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.
LOT, INTERIOR. A lot other than a corner lot with only 1 lot line fronting on a street.
LOT LINES. Any line dividing 1 lot from another or from the right-of-way, and thus constitute property lines bounding a lot.
(1) FRONT LOT LINE. In the case of an interior lot abutting on 1 public or private street, the FRONT LOT LINE shall mean the line separating the lot from that street right-of-way. In the case of a corner or double frontage lot, the FRONT LOT LINE shall be that line separating the lot from that street which is designated as the front street in the plat or in the request for a zoning compliance permit.
(2) REAR LOT LINE. The lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 10 feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the REAR LOT LINE for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the Planning Commission shall designate the REAR LOT LINE.
(3) SIDE LOT LINE. Any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.
LOT OF RECORD. A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The horizontal distance between the side lot line, measured at the 2 points where the building line, or setback line, intersects the side lot lines.
MAJOR THOROUGHFARE. Any street or highway certified as a public roadway by the State Department of Transportation in accordance with Public Act 51 of 1951 except those streets designated as city local streets.
MANEUVERING LANE. The portion of an off-street parking lot for use of maneuvering a vehicle to or from a parking space.
MARIJUANA ESTABLISHMENT. A marijuana grower, marijuana safety compliance facility, marijuana processor, marijuana microbusiness, marijuana retailer, marijuana secure transporter, marijuana designated consumption establishment, or any other type of marijuana-related business licensed by the State of Michigan.
MARIJUANA GROWER. A person licensed to cultivate marijuana and sell or otherwise transfer marijuana to marijuana establishments. Shall include a state licensed excess marijuana grower.
MARIJUANA MICROBUSINESS. A person licensed to cultivate not more than 150 marijuana plants; process and package marijuana; and sell or otherwise transfer marijuana to individuals who are 21 years of age or older or to a marijuana safety compliance facility, but not to other marijuana establishments.
MARIJUANA PROCESSOR. A person licensed to obtain marijuana from marijuana establishments; process and package marijuana; and sell or otherwise transfer marijuana to marijuana establishments.
MARIJUANA RETAILER. A person licensed to obtain marijuana from marijuana establishments and to sell or otherwise transfer marijuana to marijuana establishments and to individuals who are 21 years of age or older.
MARIJUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marijuana, including certification for potency and the presence of contaminants.
MARIJUANA SECURE TRANSPORTER. A person licensed to obtain marijuana from marijuana establishments in order to transport marijuana to marijuana establishments.
MAY. The act referred to is permissive and discretionary.
MECHANICAL AMUSEMENT DEVICE or MAD. A machine which, upon the insertion of a coin or slug, operated or which may be operated for the use of a game or contest of any description, or which may be used as any such game or contest, and which contains no automatic payoff device for the return of slugs, money, coins, checks, tokens, or merchandise or which provides no such payoff by any other manner or means. A MECHANICAL AMUSEMENT DEVICE shall not include a jukebox or machine whose only function is to provide music, or pool tables and billiard tables.
MEDICAL MARIJUANA CLUB (also known as Compassion Club). A medical marijuana club shall mean a facility, owned and operated organization that offers patients and caregivers the opportunity to connect with others for the purpose of providing referral services, education, community outreach, and use of medical marijuana in a completely enclosed building allowed under the Michigan Medical Marijuana Act of 2008. This facility shall not be used for storage, dispensary, sale, growth, cultivation, processing, or packaging of medical marijuana at any time.
MEDICAL MARIJUANA DISPENSARY. A medical marijuana dispensary shall mean a facility where marijuana is stored, dispensed or offered for sale to “qualifying patients” under the Michigan Medical Marijuana Act of 2008. A “primary caregiver(s)”, “qualifying patient” and “marijuana” shall have the meanings ascribed to them in the Michigan Medical Marijuana Act of 2008.
MEDICAL MARIJUANA GROWING FACILITY (GROW FACILITY or GROWING FACILITY). An industrial facility that cultivates, dries, trims, or cures and packages marijuana for sale to a processor or provisioning center.
MEDICAL MARIJUANA PROCESSING FACILITY (PROCESSING FACILITY). An industrial facility that purchases marijuana from a grower and that extracts resin from the marijuana or creates marijuana infused products for sale and transfer in packaged form to a provisioning center.
MEDICAL MARIJUANA PROVISIONING CENTER (PROVISIONING CENTER). A commercial facility that purchases marijuana from a grower or processor and sells, supplies, or provides to registered qualifying patients directly or through the patients' registered primary caregivers. PROVISIONING CENTER includes any commercial property where marijuana is sold at retail to registered qualifying patients or registered primary caregivers.
MEDICAL MARIJUANA SAFETY COMPLIANCE FACILITY (SAFETY COMPLIANCE FACILITY or COMPLIANCE FACILITY). An industrial facility that received marijuana from a marijuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.
MEDICAL MARIJUANA SECURE TRANSPORTER FACILITY (SECURE TRANSPORTER FACILITY or TRANSPORTER FACILITY). An industrial facility that stores marijuana for the purpose of transporting marijuana between commercial medical marijuana transaction facilities.
MOBILE FOOD VENDING. Vending, serving, or offering for sale food and/or beverages from a mobile food vending unit which meets the definition of a food service establishment under Public Act 92 of 2000, which may include the ancillary sales of branded items consistent with the food, such as a t-shirt that bears the name of the organization engaged in mobile food vending.
MOBILE HOME. A detached single-family dwelling unit, exceeding 32 feet in length, designed to be transportable after fabrication on its own wheels, suitable for year-round occupancy and containing a flush toilet, sleeping accommodations, a shower or bath, kitchen facilities, plumbing and electrical connections provided for attachment to appropriate external systems. A travel trailer is not to be considered as a MOBILE HOME. Also known as a TRAILER COACH or HOUSE TRAILER.
MOBILE HOME PARK. A parcel of land which has been planned and improved for the placement of mobile homes for residential use.
MOBILE HOME SITE. A plot of ground within a mobile home park designed for the accommodation of 1 mobile home.
MOTEL. A series of attached, semi-detached, or detached rental units which may or may not be independently accessible from the outside parking area, containing bedroom, bathroom, and closet space and designed for or occupied primarily for transients. No kitchen or cooking facilities are to be provided without the approval of the City Planning Commission, with the exception of units for use of the manager or caretaker.
MOTOR HOME. A motorized vehicular unit primarily designed for travel or recreational usage, which may also contain facilities for overnight lodging.
NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this ordinance or amendments thereto, and which does not conform to the provisions (e.g., setbacks, height, lot coverage, parking) of this ordinance in the zoning district in which it is located. (See Appendix B - This Chapter.)
NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this ordinance or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.
NURSERY, PLANT MATERIALS. A space, building, or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for wholesale or retail sale including products used for gardening or landscaping. The definition of NURSERY does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than 2 automobiles.
OPEN AIR BUSINESS USES. Include the following business uses:
(1) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;
(2) Retail sale of fruits and vegetables;
(3) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, or similar recreation use;
(4) Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sale; rental or repair services; and
(5) Outdoor display, and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.
OPEN SPACE. Any area (open to the sky) on a lot not covered by a principal or accessory building.
OPEN STORAGE. All outdoor storage of building materials, sand, gravel, stone, lumber, equipment, and other supplies.
OUTDOOR DISPLAYS OF MERCHANDISE. Any goods displayed for sale on any public or privately owned property in the city.
(1) OUTDOOR DISPLAYS shall comply with the following:
(a) If items on display are offered by a business permanently occupying that site, no permit shall be required;
(b) Items shall not be displayed in any setback area, aisle way, parking, loading zone, or fire lane;
(c) All items for sale must maintain a 20-foot setback from any entrance or exit to the parking or service area;
(d) Advertising flags, banners, and temporary signs shall not be permitted;
(e) Displays cannot obstruct view of vehicular traffic; and
(f) If the display cannot meet criteria, the business must apply to Zoning Board of Appeals for a variance to the applicable criteria.
(2) OUTDOOR DISPLAYS of seasonal business are subject to the following:
(a) Applications for these displays must be submitted on a form approved by the Department of Public Works not less than 15 days prior to the installation of the display. The applications shall include written permission by the property owner for the outdoor display;
(b) A seasonal business outdoor display permit fee in the amount as set by the City Council shall be paid. This fee may be amended by resolution of the City Council from time to time;
(c) A cleanup fee in the amount as set by the City Council shall be paid at the time of the approval of the permit. This fee may be amended by Resolution of the City Council from time to time. This fee shall be refundable in whole or in part in the event the permittee returns the premises to its original condition.
(d) Any permittee may appeal either the necessity of posting a cleanup fee or the amount of the cleanup fee required directly to the Burton City Council which shall have the authority to reduce or eliminate this fee (only) upon good cause shown. (See Chapter 111. Subsection 111.55)
PARKING SPACE. An area of not less than 9 feet wide by 20 feet long, for each automobile or motor vehicle, that space being exclusive of necessary drives, aisles, entrances, or exits and being fully accessible for the storage or parking of permitted vehicles.
PERSON. Includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
PLANNED SHOPPING CENTER.
(1) A cluster of attached buildings integrated with a site containing off-street parking, loading, and pedestrian walkways which provide facilities to inspect and buy merchandise in a comprehensive pre-planned manner.
(a) NEIGHBORHOOD SHOPPING CENTER. A PLANNED SHOPPING CENTER, when used in this context, means a commercial development which has been designed, developed, and operated as a unit and can satisfy the following criteria: a site of 1 acre to 6 acres; a supporting population of at least 750 families in a trading area of ½ to 1 mile in radius; at least 4 stores; and a gross floor area of 10,000 to 50,000 square feet in size.
(b) COMMUNITY SHOPPING CENTER. A PLANNED SHOPPING CENTER, when used in this context, shall mean a commercial development which has been designed to operate as a unit and has a site of 6 to 10 acres, at least 12 stores, and a gross floor area of over 50,000 to 130,500 square feet in size.
(c) REGIONAL SHOPPING CENTER. A PLANNED SHOPPING CENTER, when used in this context, shall mean a commercial development which has been designed to operate as a unit and has a site of at least 10 acres, at least 12 stores, and a gross floor area greater than 130,500 feet.
(2) A business development consisting of 4 or more retail commercial outlets characterized by a unified grouping of stores under common architecture and served by a common circulation and parking system.
PORCH, ENCLOSED. A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of the building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PORCH, OPEN. A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of the building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PROPERTY LINE. A line which marks the boundary or perimeter of a parcel of land.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under municipal or state regulation to the public: transportation, water, gas, electricity, telephone, steam, telegraph, or sewage disposal.
RESTAURANT, CARRY-OUT. An establishment where food is prepared and served to a customer solely for the consumption off the premises.
RESTAURANT, DRIVE-IN. An establishment where food is prepared and served on the premises for consumption within an automobile, and an establishment with combined drive-in and sit-down facilities.
RESTAURANT, SIT-DOWN. An establishment where food is prepared and served for consumption within the principal building, with or without carry-out facilities.
ROADSIDE STAND. A temporary or permanent building operated for the purpose of selling only produce raised or produced by the proprietor of the stand or his or her family, and its use shall not make into a commercial district land which would otherwise be agricultural, nor shall its use be deemed a commercial activity. The STAND, if of a permanent character, shall not be more than 1 story high nor larger than 20 feet by 20 feet, and must be set back from the nearest highway right-of-way line at least 25 feet.
ROOMING HOUSE. See BOARDING HOUSE.
SEASONAL SALES. A temporary building operated for the purpose of seasonally selling agricultural products, a portion of which may or may not be raised or produced on the same premises but by the proprietor of the stand.
SELF-STORAGE FACILITIES. Intended to provide temporary storage needs for businesses, apartment dwellers, and other individuals, on a self-service basis; and, under strict standards, to ensure security, prevent storage of flammable or toxic substances, create a pleasant environment, and allow proper access and circulation.
SETBACK. The minimum horizontal distance required to exist between the front line of the building, excluding steps or wooden handicapped ramps, and the front street or right-of-way line.
SHALL. The act referred to is always mandatory and not discretionary.
SIDEWALK SALES. A temporary sale that is conducted by the business owner on the property in which their principal business is located, during hours of operation only, which sells items that area also available in the principal business.
SIGN, NUMBER AND SURFACE AREA. For the purpose of determining NUMBER of signs, a SIGN shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. The SURFACE AREA of a sign shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of SURFACE AREA.
SIGN, OUTDOOR ADVERTISING. Any card, cloth, paper, metal, glass, wood, plaster, stone, or sign of other material of any kind, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term PLACED as used in this definition shall include erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing, or making visible in any manner whatsoever. The term shall specifically exclude the following:
(1) Signs not exceeding 1 square foot in area and bearing only property numbers, box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
(2) Flags and insignia of any government except when displayed in connection with commercial promotion;
(3) Legal notices, identification, informational, or directional signs erected or required by governmental bodies;
(4) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and
(5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SINGLE PARCEL OWNERSHIP. Ownership of a parcel of property wherein the owner does not own adjoining vacant property. Owner of a property may include dual or multiple ownership by a partnership, corporation, or other group. Provided, that the owner of any number of contiguous lots of record considered as a single lot of record for the purpose of this ordinance as he or she so elects, and in that case the outside perimeter of the group of lots of record shall constitute the front, rear, and side lot lines thereof.
SPECIAL EVENTS. Events held by a public entity or that have been approved by the Zoning Board of Appeals under the regulations of Ordinance 113 - Outdoor Recreational Events.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola.
(2) Human or animal male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human or animal genitals in a state of sexual stimulation or arousal.
(2) Acts of human or animal masturbation, sexual intercourse, or sodomy.
(3) Fondling or other erotic touching of human or animal genitals, pubic region, buttock, or female breast.
STORY. The portion of a building, other than a cellar or mezzanine, included between the surface of any floor and 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 Appendix B - This Chapter.)
(1) A mezzanine shall be deemed a full
STORY when it covers more than 50% of the area of the story underneath that mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
(2) A basement or cellar shall be counted as a
STORY if over 50% of its height is above the level from which the height of the building is measured, or if it is used for business purposes, or if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same.
STORY, HALF. The part of a building between a pitched roof and the uppermost full story, that part having a floor area which does not exceed ½ the floor area of the full story. (See Appendix B - This Chapter.)
STREET. A public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and other thoroughfare, except an alley.
STRUCTURAL ALTERATION. Any change in the supporting members of a building or structure, such as bearing walls, or partitions, columns, beams, or girders, or any change in the width or number of exits, or any substantial change in the roof.
STRUCTURE. Anything constructed or erected which requires permanent location on the ground or attachment to something having such location. BUILDING or STRUCTURE includes any part thereof.
STRUCTURE, OUTDOOR ADVERTISING. Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign or billboard may be placed, including outdoor advertising statuary. The term PLACED as used in this definition shall include erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing, or making visible in any manner whatsoever.
SWIMMING POOL. Any structure or container intended for swimming or bathing, located either above or below grade, designed to hold water to a depth of greater than 24 inches.
TEMPORARY BUILDING AND USE. A structure or use permitted by the Board of Zoning Appeals to exist during periods of construction of the main use or for special events, not to exceed 1 year.
TEMPORARY MARIJUANA EVENT. A state license with Zoning Board of Appeals approval held by a marijuana event organizer for an event where the onsite sale or consumption of marijuana products, or both, are authorized at the location indicated on the state and city license during the dates indicated on the state and city license.
TEMPORARY ROADSIDE STAND. Includes any stand, truck, motor vehicle, trailer, tent, or other enclosure not permanently affixed to the land, arid not assessable as a part of the real estate, and from which enclosure merchandise is sold or held for sale to the public.
TENT. A shelter of canvas or the like, supported by poles and fastened by cords or pegs driven into the ground; and shall not include those types of tents used solely for children’s recreational purposes.
TRAVEL TRAILER. A portable vehicular unit primarily designed for travel and recreational usage, which may also contain facilities for overnight lodging, but which does not exceed 8 feet in width or 32 feet in length. This term also includes folding campers and truck-mounted campers, but not mobile homes.
USE. The purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is occupied, or maintained, let, or leased.
USED FOR. Includes “arranged for,” “designed for,” “intended for,” “maintained for,” or “occupied for.”
VARIANCE. A modification of the literal provisions of this ordinance which is granted when strict enforcement would cause undue hardship or practical difficulty, depending on the variance requested, owing to circumstances unique to the individual property on which the variance is granted. Hardships based solely on economic considerations are not grounds for a variance.
VEHICLE ACCESS DRIVE. The portion of a driveway entrance or exit lane extending from the edge of a traveled road or highway to or from the edge of a traveled road or highway to or from an off- street parking lot.
YARD. An open space of prescribed width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings, and the nearest lot line, and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not include eaves, provided that an 8-foot height clearance is provided above the adjacent ground level.
YARD, FRONT. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building. (See Appendix B - This Chapter.)
YARD, REAR. A yard between a main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point of the rear lot line to the nearest point of the main building.
YARD, SIDE. A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side lot line to the nearest point of the main building.
ZERO LOT LINE SUBDIVISION. A collection of single-family residences contained within a common structure or attached together having common wall spaces. Each residence shall be sold with an individual lot and that portion of the structure sitting on that lot.
ZONING ADMINISTRATOR. This term shall refer to the Zoning Administrator of the city, or his or her authorized representative.
(Ord. 2017-7-157, passed 12-14-2017; Ord. 2019-10-157, passed 9-16-2019; Ord. 2020-1-157, passed 1- 21-2020; Ord. 2020-1-157, passed 5-1-2020; Ord. 2021-7-157, passed 7-19-2021)