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Publisher's Note:This Section has been AMENDED by new legislation (Ord. 823-2021, adopted 1-4-2021). The text of the amendment will be incorporated below when the ordinance is codified.
(A) Construction of language. The following rules of construction apply to this chapter.
(1) The particular shall control the general and the use of a general term shall not be taken to have the same meaning as another specific term. For example, a “dry cleaning retail establishment” shall not be interpreted to be the same as a “retail business supplying commodities on the premises” if each term is listed as a separate and distinct use.
(2) In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
(3) A building or structure includes any and all of its parts.
(4) The phrase “used for” includes, but is not limited to, “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.
(5) The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
(6) The word “person” includes any individual, corporation, partnership, incorporated association, limited liability company or any other similar entity.
(7) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions “and”, “or” or “either...or”, the conjunction shall be interpreted as follows:
(a) “And” indicates that all of the connected items, conditions, provisions or events apply.
(b) “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(c) “Either...or” indicates that the connected items, conditions, provisions or events may apply singly, but not in combination.
(8) Terms not defined in this chapter shall have the meaning customarily assigned to them.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. See ADJOINING.
ABUTTING LOT, PARCEL OR RIGHT-OF-WAY. A lot, parcel or public or private street right-of-way that shares a common property line with the subject lot or parcel.
ACCESSORY BUILDING. An attached or detached building on the same lot with and of a customarily incidental nature that is subordinate to the principal use or building. (See § 153.116 of this chapter.)
ACCESSORY STRUCTURE. An attached or detached structure on the same lot with and of a customarily incidental nature that is subordinate to the principal use or building/structure. (See § 153.116 of this chapter.)
ACCESSORY USE. A use located on the same lot that is customarily found in connection with, but clearly incidental to the principal use to which it is related. (See § 153.116 of this chapter.)
ADDITION. An extension or increase in floor area or height of a building or structure.
ADJACENT. See ADJOINING.
ADJOINING. All lands which touch, border or are contiguous to a specific parcel of land including, but not limited to, those lands separated from the parcel by a road right-of-way, easements, public utility rights-of-way or inland lakes and streams as defined by the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.
ADULT. A person at the legal age of adulthood, as defined by the laws of the state.
ADULT DAY CARE HOME. A private residence with the approved capacity to receive six or fewer adults, to be provided with foster care for periods of less than 24 hours per day, five or more days per week and for two or more consecutive weeks, as licensed and regulated under the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq., as amended.
ADULT FOSTER CARE. See FOSTER CARE.
AGGRIEVED PERSON. A person who has suffered a special damage from a zoning decision not in common to other property owners similarly situated.
ALLEY. A public or private right-of-way that provides a secondary means of access to an abutting property, usually an improved surface providing access to the rear of the lot.
ALTERATION. A change, addition or modification in construction or type of occupancy; any change in a building, such as walls, partitions, columns or joists; any change in the dimensions or configuration of the roof, exterior walls or foundation; or any change which may be referred to as altered or reconstructed.
AMUSEMENT PARK, SMALL SCALE. An outdoor recreation area in a park-like setting which, along with required parking and landscaping, is comprised of limited participatory amusement facilities and activities.
ASSISTED LIVING. See SENIOR HOUSING.
ATHLETIC COURT. An improved surface designed or intended for sports activities including, but not limited to, basketball, tennis, badminton, pickle ball or shuffleboard. (See § 153.125 of this chapter.)
AWNING. A permanent shelter constructed on a supporting framework, projecting from and supported by the exterior wall of a building.
(a) The part of a building between a floor and ceiling, which is partially below and partially above ground level, but with a vertical distance from grade to the floor below that is greater than the vertical distance from grade to the ceiling.
(b) A BASEMENT is not counted as a story.
BED AND BREAKFAST. Any place of lodging that provides rooms for rent for more than ten nights in a 12-month period, is the owner’s personal residence, is occupied by the owner or owner’s representative at the time of rental and in which a morning meal is served to guests.
BEDROOM. A separate room or space with a legal means of egress, used or intended to be used specifically for sleeping purposes. The following spaces do not qualify as BEDROOMS:
(b) Dining areas;
(c) Gathering spaces such as family rooms, dens or living rooms; and
(d) Attics or basements without egress meeting standards in applicable Building, Residential and Fire Codes.
BERM. An earth mound covered with grasses, trees and/or other plants; designed to provide visual interest, screen undesirable views and impacts and help separate incompatible uses.
BOARDING/ROOMING HOUSE. A building, structure, or portion thereof, where individual rooms are rented to separate parties for more than 30 consecutive days, such as seasonal worker housing, transitional homes, hostels or similar uses.
BOAT, COMMERCIAL. Any vessel, such as, but not limited to, a tugboat or freighter, used for commercial purposes without regard to the carrying capacity.
BOAT DOCKING SPACE. The space along a dock, pier or similar structure where a boat may be moored.
BOATHOUSE. A building or enclosed structure used for the docking and/or storage of boats, marine equipment and associated uses. (See § 153.116(D) of this chapter.)
BOAT, RECREATIONAL. Any vessel used primarily for non-commercial use, or leased, rented or chartered to another for the latter’s non-commercial use.
BREWPUB. A facility where beer is produced, stored and sold for consumption on or off the premises that meets the requirements of the state’s Liquor Control Commission, where no more than 5,000 barrels of beer are produced per year.
BUFFER. An undeveloped, open area that does not contain structures, parking, pavement or buildings, but which may include landscaping, a screen wall or berm, used to physically separate and screen one land use or property from another.
BUILDABLE AREA. The portion of a lot or site, exclusive of required setbacks, landscaping or open space, within which buildings may be built.
BUILDING. A temporary or permanent independent structure with a roof supported by columns, walls or other supports that is used to house people, animals, possessions or conduct business activities or other uses. A BUILDING may or may not have a permanent location on the ground.
BUILDING ELEVATION. All of that part of a building facade(s) which would be included in an elevation view rendering of the building drawn parallel to, and for the entire length of, a lot line.
BUILDING HEIGHT. The vertical distance measured from the average finished grade around the building to the highest point of a flat roof; to the deck line of a mansard roof; when there is a dormer built into the roof, the height is measured to the midpoint of the dormer roof if the dormer(s) exceeds 50% or more of the width of any side of the building;
BUILDING OFFICIAL or BUILDING INSPECTOR. The county’s Department of Building Safety.
BUILDING ROOF. A structure that covers or forms the top of a building. Roof styles include, but are not limited to, gable, gambrel, hip, mansard and flat.
CAMPGROUND. A property with two or more campsites that is established or maintained for commercial occupancy as temporary living quarters for recreation, education or vacation purposes.
CANOPY (BUILDING). A permanent rigid structure covered with fabric, metal, shingles or other material and supported by a building at one or more points.
CANOPY (FREESTANDING). A permanent, rigid structure covered with fabric, metal or other material and supported by columns, posts or other forms of support not a part of a building.
CARPORT. A partially open structure providing shelter for one or more vehicles.
CARRY-OUT SERVICE. A service that is ancillary to a permitted use involving the sale of pre-ordered and ready-to-consume food or beverages, which are packaged and intended for consumption off the premises. These items are delivered to a customer who is either waiting in the premises or in a motor vehicle parked in a space designated and used for CARRY-OUT SERVICE.
CERTIFICATE OF OCCUPANCY. A document issued by the county’s Department of Building Safety certifying that a structure or use has been constructed and will be used in compliance with all applicable regulations and, therefore, occupancy or use of the building can occur.
CHANGE OF USE. Any use of a building, structure or property different from the previous use in the way it is classified in this chapter or in the state’s Building Code, as amended.
CHILD CARE CENTER. See DAY CARE FACILITY.
CHURCH. A building, structure or other facility used for public worship where organized services are held by persons of similar beliefs.
CLINIC. An establishment that admits patients on an outpatient basis for examination and treatment by physicians, dentists or similar professionals. CLINIC does not include a marijuana collective, cooperative or dispensary, or the business of a primary caregiver or other business or use involved in the medical use of marijuana.
CLUB/LODGE. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not typically operated for profit.
COLLECTOR STREETS. Streets that serve as a link between local and arterial streets. Examples include West Carpenter, May Street and Park Avenue.
COMMISSION. The city’s Planning Commission.
COMPOSTING FACILITY. A facility where organic matter is delivered, degraded and then transported elsewhere.
CONDITIONAL REZONING. A rezoning that is conditioned by a specific use and approved site plan voluntarily proposed by the applicant.
(a) BUILDING ENVELOPE. The area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master site condominium deed.
(b) CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended.
(c) CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed of the condominium project, within which a building or other improvements may be constructed by the condominium unit owner. A SITE CONDOMINIUM UNIT is considered a lot by this chapter.
(d) CONDOMINIUM PROJECT. A plan or project consisting of not less than two condominium units, established in conformance with the Condominium Act.
(e) LIMITED COMMON ELEMENT. An area that is appurtenant to a site condominium unit and that is reserved in the master deed for the site condominium development for the exclusive use of the owner(s) of the site condominium unit.
(f) MASTER DEED. The condominium document recording the condominium project which is attached as exhibits and incorporated by reference the approved by-laws for the project and the approved condominium subdivision plan for the project.
(g) SITE CONDOMINIUM. A condominium development in which each condominium unit consists of an area of vacant land and a volume of vacant air space, within which a building or other improvements may be constructed.
(h) SITE CONDOMINIUM DEVELOPMENT. A development consisting of not less than two site condominium units, established in compliance with the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272.
(i) SITE CONDOMINIUM DEVELOPMENT PLAN. The plans, drawings and information prepared for a site condominium development, as required by § 66 of the Condominium Act and this chapter, for review by the Planning Commission.
CONVALESCENT HOME or NURSING HOME. A facility licensed as a “nursing home” by the state’s Department of Public Health under Art. 17 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.2010 et seq., as amended, where residents generally require 24-hour care and monitoring to meet their health and security needs. A NURSING HOME shall include an extended care facility, hospice and convalescent home.
COUNCIL. The Charlevoix City Council.
CUL-DE-SAC. The vehicle turn-around area constituting the terminus of a street that has only one outlet to another street. A CUL-DE-SAC LOT has frontage on such a turn-around area.
DAY CARE FACILITY. A facility licensed under the Child Care Organizations Act, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128. DAY CARE FACILITIES include the following.
(a) DAY CARE CENTER or NURSERY. A facility other than a private residence in which one or more preschool or school age children are given care, and where the parents or guardians are not immediately available to the child. A CHILD CARE CENTER or DAY 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. The facility is generally described as a CHILD CARE CENTER, DAY CARE CENTER, DAY NURSERY, NURSERY SCHOOL, PARENT COOPERATIVE PRESCHOOL, PLAY GROUP, BEFORE- OR AFTER-SCHOOL PROGRAM or DROP-IN CENTER.
(b) FAMILY DAY CARE HOME. A private home in which one or more, but fewer than seven, minor children are received for care, unattended by a parent or legal guardian, excluding children related to an adult member of the family by blood, marriage or adoption. FAMILY DAY CARE HOMES include a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.
(c) GROUP DAY CARE HOME. A private home in which more than six, but not more than 12, minor children are given care and supervision, unattended by a parent or legal guardian, excluding children related to an adult member of the family by blood, marriage or adoption. A GROUP DAY CARE HOME includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.
DECK. A structure, which may be directly attached to a dwelling, without a roof or walls, except for railings, that is constructed on piers or an above-grade foundation wall and used as an outdoor living area.
DECK, ROOF TOP. A finished surface constructed above any top plate of a structure without a roof or walls, except for railings, and which is designed to function as useable outdoor area for human activity.
DENSITY, NET. The number of dwelling units per net acre of land. Net acreage is calculated by subtracting the land area in rights-of-way or private easements for streets and roads from the total gross acreage, unless otherwise specified in this chapter.
DREDGING. The process of cleaning out the bed of a harbor, river or other water bodies or waterways by scooping out sand, mud or other materials with a dredge.
(a) UPLAND DREDGING. Removing material from above the ordinary high water mark in order to allow for water body access.
(b) INLAND DREDGING. Removing material from inland water bodies to maintain watercraft navigability or increase water depth.
DRIVE-THROUGH FACILITY. A facility designed to serve patrons of a business while in their motor vehicles, either exclusively or in addition to service within a building or structure.
DRIVEWAY. A privately controlled and maintained easement, right-of-way or other interest in land providing vehicular access from a public or private street to a lot.
DWELLING UNIT. A building or portion of a building, designed for use and occupancy by individuals, or one family, for living, kitchen and bathing facilities. A recreational vehicle, vehicle chassis or tent is not considered a DWELLING.
(a) DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units where each unit may have access to a common hallway, stairs or elevator, or where each unit may have individual access to a street or common courtyard.
(b) DWELLING, SINGLE-FAMILY.
1. DETACHED. A single-family dwelling unit that is separate and distinct from any other dwelling. A single-family dwelling that does not share a party wall with any other dwelling is a DETACHED SINGLE-FAMILY DWELLING.
2. ATTACHED. A dwelling designed for occupancy by one family in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (Also known as a TOWNHOUSE or ROWHOUSE.)
(c) DWELLING, TWO-FAMILY. A single-family dwelling unit attached to one other single-family dwelling by a common wall or floor. (Also known as a DUPLEX.)
(d) DWELLING, ACCESSORY (ADU). A second unit on an owner-occupied single-family parcel that is a minimum of three-hundred (300) and less than six-hundred-fifty (650) square feet and is either attached to the principal dwelling or in a separate structure on the same parcel.
EASEMENT. A grant of one or more rights over, across or under land which benefits and/or burdens other land or which grants rights to the public, a utility or third party.
(a) The erection, construction, alteration or maintenance by a public utility or municipal department of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water, transmission, distribution collection, supply or disposal systems.
(b) This includes related poles, wires, pipes, conduit, cables, public safety alarm and communication equipment, traffic signals, hydrants and similar accessories that are necessary to furnish adequate service addressing general public health, safety, convenience or welfare.
(c) These do not include wireless telecommunication towers (unless located on public property and used as part of a municipal emergency communications network), wind energy conversion systems, office buildings, substations or structures that are enclosures or shelters for service equipment or maintenance depots.
EXCAVATION. The process of altering natural grade by cutting or filling earth, or any activity by which soil or rock is cut, dug, quarried, uncovered, removed, displaced or relocated.
FAMILY. Either of the following defines a FAMILY:
(a) An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
(b) A collective number of individuals, domiciled together in one dwelling unit whose relationship is of a continuing, domestic character, and who cook and live as a single non-profit housekeeping unit. This does not include a society, club, fraternity, sorority, association, halfway house, lodge, organization, group of students or other individuals whose domestic relationship is of a transitory or seasonal nature, such as a school term, a period of rehabilitation or treatment or is otherwise not intended to be of a permanent nature.
FENCE. A permanent outdoor partition, structure or gate erected as a barrier or enclosure.
FILLING. Depositing or dumping any matter into or onto the ground.
FLOOR AREA, GROSS. The sum of the horizontal area of all building floors, measured from the interior faces of exterior walls, excluding porches, patios, terraces, breezeways, carport garages, unfinished attic areas and basements.
FLOOR AREA, USABLE. The sum of the total horizontal area of all building floors that are used or intended to be used for the sale of merchandise or to serve clients or customers, and all areas devoted to employee work space. FLOOR AREA is measured from the interior faces of exterior walls. Excluded from USABLE FLOOR AREA are those parts of a building principally used or intended to be used to store or process merchandise, and hallways, elevators, stairs, bulkheads or utility or sanitary facilities.
(a) ADULT FOSTER CARE FACILITY. A facility defined by the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq., as an establishment providing foster care to adults. Included are foster care facilities and family homes for adults that are aged, mentally ill, developmentally disabled or physically disabled, and that require supervision on an ongoing basis, but do not require continuous nursing care.
1. ADULT FOSTER CARE FAMILY HOME. A private residence with an approved capacity of six or fewer adults, where foster care is provided 24 hours per day, five or more days per week, and for two or more consecutive weeks. It is licensed and regulated under the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq., as amended. The person issued the adult foster care family home license is a member of the household and an occupant of the residence.
2. ADULT FOSTER CARE GROUP HOME. A private residence where adults are provided with foster care 24 hours a day, five or more days per week, and for two or more consecutive weeks. A FOSTER CARE GROUP HOME with an approved capacity of at least seven, but not more than 12 adults is a “small group home”. A GROUP HOME with an approved capacity of at least 13, but not more than 20 adults is a “large group home”. An ADULT FOSTER CARE FACILITY is licensed under the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq., as amended, and the person issued the adult foster care group home license is a member of the household and an occupant of the residence.
(b) FOSTER FAMILY HOME. A private home, licensed under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, in which at least one, but not more than four minor children, who are not related to an adult member of the house by blood or marriage, or who are not placed in the household pursuant to the Adoption Code (Public Act 288 of 1939, M.C.L.A. §§ 701.1 to 713.6, as amended), are given care and supervision 24 hours per day, four or more days per week for two or more consecutive weeks, unattended by a parent or guardian. The person issued the license is a permanent resident of the home.
(c) FOSTER FAMILY GROUP HOME. A private home, licensed under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, in which more than four, but fewer than seven minor children, who are not related to an adult member of the house by blood or marriage, or who are not placed in the household pursuant to the Adoption Code (Public Act 288 of 1939, as amended), are given care and supervision 24 hours per day, four or more days per week for two or more consecutive weeks, unattended by a parent or guardian. The person issued the license is a permanent resident of the home.
FRONTAGE. The linear distance where a property line coincides with a street right-of-way line.
GARAGE, PRIVATE. An accessory building or portion of a principal building designed for the parking or storage of automobiles, boats, house trailers or similar vehicles owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLIC. Any garage that is not private.
GRADE. The elevation of the ground adjacent to a structure; existing or natural grade is the elevation that exists or existed prior to manmade alterations. Finished grade is the elevation established after filling or excavation. For a sloping site, FINISHED GRADE is the average between the highest and lowest elevation of the ground adjacent to each face of a building, wall or other structure being measured. (See § 153.144 of this chapter.)
GOOD VISITOR GUIDELINE MATERIALS.
(a) Materials prepared by the city’s Planning and Zoning Department that may include, but are not limited to, the following:
1. A summary of the city’s noise ordinance, fireworks ordinance, trash disposal ordinances and applicable offenses against the public peace;
2. A reminder that the rental property is located in a residential neighborhood and that neighbors may not be vacationing;
3. Information regarding amenities and regulations regarding pets;
4. Parking rules and designated areas;
5. Street address;
6. Safety features; and
7. A statement informing the renters that neighboring property owners may contact the local agent and local police to report any issues relating to the property.
(b) The GOOD VISITOR GUIDELINE MATERIALS may be revised by the city’s Planning and Zoning Department from time to time.
GREENBELT. A strip of land providing visual relief between properties reserved for landscaping, berms, walls or fencing; often between abutting uses of differing intensities.
HOME OCCUPATION (MAJOR). A vocational activity conducted as an accessory use in a dwelling, which is accessory and incidental to the principal residential use of the dwelling. MAJOR HOME OCCUPATIONS are vocational activities that do not meet the definition of minor home occupations.
HOME OCCUPATION (MINOR). A vocational activity conducted as an accessory use in a dwelling unit by a member or members of the resident family, which is accessory and incidental to the principal residential use of the dwelling. MINOR HOME OCCUPATIONS have two or less employees, have no exterior signage, and conduct business in a manner not known to the general public.
HOSPITAL. A building, structure or institution in which sick or injured persons are given medical or surgical treatment, operating under license by the Health Department and the state, and which is used primarily for inpatient services, including related facilities such as laboratories, outpatient departments, central service facilities and staff offices.
HOUSEHOLD. A house, apartment, group of rooms or a single room occupied as separate living quarters, that includes a bathroom(s), sleeping quarters and area to prepare food.
HOTEL. See MOTEL/HOTEL.
IMPERVIOUS SURFACE. Any material that substantially reduces or prevents the infiltration of storm water into the earth.
INOPERABLE VEHICLE. An unlicensed, uninsured motor vehicle that is incapable of being operated under its own power.
JUNK. Including, but not limited to, inoperable vehicles; solid waste; motor vehicles, machinery, appliances, products or merchandise with missing parts; scrap metals or materials that are damaged or deteriorated; or vehicles or machines in a condition preventing them from being used as manufactured.
JUNK YARD or SALVAGE YARD. An area used for any of the following: collection, storage, dismantling, dumping, display, resale, exchange, baling, cleaning or handling of secondhand, salvaged or used waste materials, machinery, vehicles, trailers, equipment or furnishings; but excluding vehicle, boat, truck or trailer sales areas.
KENNEL. A lot or facility on which four or more dogs, cats or other household pets, three months of age or older, are either permanently or temporarily kept for sale, boarding, breeding, training, competition or showing, whether for commercial or non-commercial purposes.
LIFE-SAFETY FEATURES. A necessary component of a building whose primary use is to eliminate or reduce danger and hazards to occupants and users of a building, including but not limited to enclosed stairwells on a roof, or enclosed elevator systems on a roof, railings on a roof, or fire suppression systems on a roof.
LOADING SPACE. An off-street space on the same lot as a building or group of buildings, used to temporarily park a commercial vehicle while loading and unloading merchandise or materials.
LOCAL AGENT. An individual designated to oversee the short-term rental of a dwelling unit in accordance with this chapter and to respond to calls from renters, concerned citizens, law enforcement and representatives of the city. The LOCAL AGENT must be available to accept telephone calls on a 24-hour basis at all times that the short-term rental is rented and occupied. The LOCAL AGENT must have a key to the rental unit and be able to respond to the short-term rental within 60 minutes to address issues or must have arranged for another person to address issues within the same timeframe.
LOCAL STREETS. Streets that primarily access individual properties and homes.
LOT. A parcel of land intended for individual ownership and use, separately described on a deed or other instrument recorded in the office of the Register of Deeds, whether by metes and bounds, as part of a platted subdivision or a site condominium.
(a) LOT, CORNER. A lot with at least two contiguous sides abutting two intersecting streets, and where the interior angle of the intersecting streets is less than 135 degrees. Also, a lot located on a curved street or streets if tangents of the curve, at the points of beginning with the lot or the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than 135 degrees.
(b) LOT, CUL-DE-SAC. A lot having more than one-half of its required lot frontage on a cul-de-sac. The cul-de-sac shall be determined to begin at the intersection of the radius of the cul-de-sac with the right-of-way or easement line.
(c) LOT, DOUBLE-FRONTAGE. An interior lot having frontage on two more or less parallel streets. (Also known as a THROUGH LOT.)
(d) LOT, INTERIOR. A lot other than a corner or through lot.
LOT AREA. The area of land included within a lot as defined by property lines, but excluding any public or private rights-of-way.
LOT COVERAGE. The lot area, stated as a percentage of the total, covered by all buildings and impervious surfaces such as asphalt or concrete driveways, stone patios and sidewalks.
LOT FRONTAGE. The length of the front lot line measured at the road right-of-way.
(a) FRONT LOT LINE. In the case of an interior lot, the line separating the lot from the street right-of-way or road easement. For a corner lot, the PRINCIPAL FRONT LOT LINE shall be the location of the traditional front entrance of the structure. In the case of a through lot, the FRONT LOT LINE shall be determined by the Zoning Administrator based on the dominant orientation of abutting and facing lots.
(b) REAR LOT LINE. The lot line opposite and most distant from the front lot line. In the case of an irregular, triangular or flared lot, the rear lot line shall be a line at least ten feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line. An undeveloped through lot does not have a REAR LOT LINE.
(c) SIDE LOT LINE. A lot line that is neither a front lot line, nor a rear lot line.
(d) STREET SIDE LOT LINE. A side lot line abutting a street on a corner lot.
LOT OF RECORD. A parcel of land separately described on a plat, condominium document or metes and bounds description recorded in the office of the county’s Register of Deeds. When an owner has combined two or more lots into a single building site, or combined two or more lots contained in any recorded plat, the combination of lots shall be deemed to be a SINGLE LOT OF RECORD.
LOT WIDTH. The horizontal distance between side lot lines measured at the two points where the required front setback intersects the side lot lines.
MANUFACTURED HOME. A structure (formerly known as a mobile home) used as a single-family dwelling, and built to the Manufactured Home Construction and Safety Standards (HUD Code) and which displays a red certification label on the exterior of each transportable section. MANUFACTURED HOMES are built in the controlled environment of a manufacturing plant and are transportable in one or more sections on a permanent chassis.
MANUFACTURED HOME COMMUNITY. A property that has been planned, designed, improved and maintained for the placement of manufactured homes and permitted accessory uses.
MANUFACTURED HOME SITE. A property within a manufactured home community designed to accommodate a single manufactured home.
MARQUEE. A permanent structure of rigid materials supported by and extending from, or above, the facade of a building.
MASTER PLAN. A physical plan adopted by the Planning Commission and/or the City Council, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and existing and future land use within the city, including any unit or part of the plan, and any amendment to the plan or parts thereof.
MINOR ARTERIALS. Streets whose primary function is to move traffic between principal arterials and local streets and between major parts of the city such as neighborhoods, employment and shopping. These provide important roadway links into the city and to major activity areas and are considered secondary gateways. Examples include Ferry and Belvedere Avenues, State Street and Division.
MOBILE HOME. A factory built single-family dwelling manufactured prior to the Manufactured Home Construction and Safety Standards (HUD Code). See MANUFACTURED HOME.
MOTEL/HOTEL. A building or group of buildings on the same lot, containing sleeping or dwelling units in which lodging is provided for compensation on a transient basis. The term includes tourist cabins, motor courts, motor lodges and similar facilities.
MOTOR HOME. See RECREATIONAL VEHICLE.
NON-CONFORMING STRUCTURE. A building or any of its parts lawfully existing on the effective date of this chapter or its subsequent amendment that does not conform to the current provisions of the district in which it is located.
NON-CONFORMING LOT. A lot lawfully existing on the effective date of this chapter or its subsequent amendment that does not meet the current area and/or dimensional requirements of the zoning district in which it is located.
NON-CONFORMING USE. A use or activity lawfully existing on the effective date of this chapter or its subsequent amendment that does not conform to the current use provisions of this chapter.
NURSERY SCHOOL. See DAY CARE FACILITY.
NURSING HOME. See CONVALESCENT HOME OR NURSING HOME.
OFFICE, PROFESSIONAL. A room, suite of rooms or building in which a person transacts the affairs of a business, profession, service, industry or government.
OPEN SPACE. A parcel or area of land or water that may or may not be improved and that is reserved for public or private use.
ORDINARY HIGH WATER MARK. The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is common or recurrent so that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the soil and the vegetation. On an inland lake which has had a level established by law, it means the high established level. On a river or stream, the ORDINARY HIGH WATER MARK shall be the ten year flood limit line. The ORDINARY HIGH WATER MARK shall be at elevation 581.5 feet (International Great Lake Datum, IGLD-1985) for Lake Michigan, the Pine River Channel, Round Lake and Lake Charlevoix.
OUTDOOR DISPLAY, SALES. The outdoor placement, storage or keeping, for display purposes, of equipment, vehicles, trailers and other similar goods for sale on a premises.
OUTDOOR STORAGE. The outdoor placement of goods such as building or construction materials, equipment, vehicles, trailers and other supplies for future use, production, assembly, preservation or disposal.
PARCEL. See LOT.
PARKING LOT. A facility providing parking spaces, along with adequate drives, aisles and maneuvering space, to allow unrestricted ingress and egress to at least two vehicles.
PARKING SPACE. A space used to park one motor vehicle.
PATIO. An uncovered at-grade courtyard or outdoor platform.
PENNANT. A small, often triangular, flag used in multiples.
PERSONAL TRAILER. A wheeled vehicle that is not self-propelled, but capable of transporting contents. It is designed to be towed by a motor vehicle, but not designed or intended to be used as a living quarters.
PLANNED UNIT DEVELOPMENT (PUD). A use which allows a development to be designed and built as a unit and which is designed to encourage quality land development and site design outside the typical zoning standards through flexible design and use standards and a greater latitude in the mix or uses resulting in more efficient and effective use of the land and infrastructure.
PLANNING COMMISSION. The city’s Planning Commission.
(a) GROUND COVER. Low-growing plants such as perennial flowers, grasses and vines. Chipped wood, bark mulch, concrete, gravel and similar materials or artificial plants are not considered GROUND COVER.
(b) SHRUBS. Woody plants with several stems arising from the base.
PLAT. A map of a subdivision of land, recorded with the Register of Deeds pursuant to the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, and the Land Division Act, Public Act 591 of 1996, being M.C.L.A. §§ 560.101 et seq., as amended.
PRINCIPAL ARTERIALS. Roads that generally carry long distance, through-travel. They also provide access to important traffic generators, such as employment centers and shopping areas. These are important routes through the city and are also primary entrances or gateways from outlying areas. (Examples include U.S. 31 and M-66.)
PRINCIPAL BUILDING. The building in which a principal use is located.
PRINCIPAL USE. The primary use to which a premises is devoted.
RECREATION FACILITY, INDOOR. A facility open either to the general public or to members and their guests, located in an enclosed building that is designed to accommodate sports, recreational activities, training or related enterprises such as racquet clubs, fitness clubs, skating rinks and the like. Also included are accessory uses that are clearly in support of the primary use, such as sporting goods shops, food service and party/banquet facilities serving patrons of the indoor recreation use, spectator accommodations, changing/locker rooms and employee offices.
RECREATION FACILITY, OUTDOOR. A recreation facility that is operated primarily for outdoor recreation uses, as well as related buildings and structures that are accessory to the primary outdoor nature of the activities. Included are golf courses and related support facilities, court games, field sports, shooting ranges, winter sports, swim clubs, campgrounds and resorts, or a combination of such uses.
RECREATIONAL VEHICLE. A travel, camping or tent trailer, motor home or pickup camper intended for mounting on a truck or similar vehicle designed primarily as temporary living quarters for recreational, camping or travel use, not including a manufactured home; or a boat, snowmobile, all-terrain vehicle or similar vehicle designed for recreational use, including any trailer and equipment used to transport the vehicle.
(a) LONG-TERM RENTALS. Any dwelling or condominium or portion thereof, that is available for use for a fee or other compensation for a term of 30 consecutive days or more.
(b) SHORT-TERM RENTALS. Any dwelling or condominium or portion thereof, that is available for use for a fee or other compensation for a term of less than 30 consecutive days, but not including hotel rooms, transitional housing operated by a non-profit entity, group homes such as nursing homes and adult foster care homes, and hospitals or other health care related facilities.
RESIDENCE. The act of living in a given place for a period of time.
RESIDENTIAL DISTRICTS. The R1, R2, R2A, R4 and PC Zoning Districts.
RETAINING WALL. A permanent structure used to secure dirt, sand, rock or other materials to prevent downslope movement or erosion.
SANITARY LANDFILL. Land designed, developed and operated for the disposal of solid waste in a manner consistent with criteria established by Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended, and any related rules and regulations.
SCREENING or BUFFERING. A way of visually shielding or obscuring an abutting or nearby structure or use from another, using a fence, wall, berm and/or vegetation.
SCREEN WALL. A solid wall or fence erected to shield, buffer and/or screen incompatible uses.
SELF-STORAGE FACILITY. A building or a group of buildings in a controlled-access compound where individual compartments, stalls or lockers are rented out to tenants to store goods.
SENIOR HOUSING. See also CONVALESCENT HOME OR NURSING HOME.
(a) INDEPENDENT LIVING. A housing development consisting of attached or detached single-family, two-family or multiple-family dwellings designed for and generally limited to housing of persons over 62 years of age who maintain a degree of physical independence, and thus shared medical services and congregate meals are generally not provided.
(b) ASSISTED LIVING. A housing development consisting of attached or detached single-family, two-family or multiple-family dwellings designed for and generally limited to housing of persons over 62 years of age, who because of physical or other limitations, need access within the development to medical and other services and where congregate meals are provided; however, 24-hour care and monitoring is not necessary.
SERVICE AREA. An outdoor area related to a non-residential use that is used for loading and unloading operations and to receive and temporarily store goods, materials and equipment.
SETBACK. The minimum required horizontal distance, measured from the lot lines to a building or structure as designated for a zoning district.
(a) FRONT SETBACK LINE. The line marking the required setback from the front lot line, which establishes the required front yard setback.
(b) REAR SETBACK LINE. The line marking the required setback distance from the rear lot line, which establishes the required rear yard.
(c) SIDE SETBACK LINE. The lines marking the required setback distance from the side lot lines, which establishes the required side yards.
SHORT-TERM RENTAL. Any dwelling or condominium or portion thereof, excepting boat docks, that is available for use for a fee or other compensation for a term of less than 30 consecutive days, not including bed and breakfasts, hotel rooms, transitional housing operated by a non-profit entity, group homes such as nursing homes and adult foster care homes, and hospitals or other health care related facilities.
SIGN. A structure, including its base, foundation and erection supports upon which is displayed any words, letters, figures, emblems, symbols, designs or trademarks by which any message or image is afforded public visibility from outdoors on behalf of, or for the benefit of, any product, place, activity, individual, firm, corporation, institution, profession, association, business or organization. (See below for detailed definitions.)
(a) SIGN, AIRBORNE DEVICES. A sign supported by aerodynamic forces or propelled through the air by force including, but not limited to, air filled balloons, signs animated by forced air and lighter than air signs.
(b) SIGN, AWNING. A sign painted, printed, attached flat against or integrated within the surface of an awning.
(c) SIGN, BANNER. A sign made of a non-rigid material; however, not including pennants or flags.
(d) SIGN, BILLBOARD-HIGHWAY ADVERTISING. An off-premises sign owned by a person, corporation or other legal entity that engages in the business of utilizing and/or selling the space on that sign. See OFF-PREMISES SIGN.
(e) SIGN, BUSINESS CENTER. An on-premises sign which identifies or gives directions to a business complex or group of contiguous stores which may contain the names of the individual stores, businesses, institutions, or other organizations located within the complex or group. See ON-PREMISES SIGN.
(f) SIGN, CANOPY. A sign affixed, applied to or part of a canopy.
(g) SIGN, ELECTRONIC SIGN FACE. The portion of a sign face capable of changing its message or image electronically.
(h) SIGN, FLAG. A sign made of non-rigid material having a distinctive size, color and design used as a symbol or emblem.
(j) SIGN, GROUND. A sign supported by one or more uprights, poles, braces or some other structure, placed in the ground surface and not attached to any building.
(k) SIGN, ILLUMINATED. A sign that includes artificial light by either emission, reflection or refraction.
(l) SIGN, INTERNALLY LIGHTED. A sign having an internal lighting source which allows light to be visible through the sign face.
(m) SIGN, MARQUEE. Any sign attached to or supported by a marquee.
(n) SIGN, OFF-PREMISES. A sign which contains a message regarding a land use, service or activity provided on property other than the premises where such sign is located.
(o) SIGN, ON-PREMISES. A sign which contains a message regarding a land use, service or activity provided on the property where such sign is located.
(p) SIGN, PORTABLE. A freestanding sign, often with a changeable message, that is not permanently anchored or secured to either a building or the ground.
(q) SIGN, PROJECTING. A sign which is affixed to any building or structure other than a marquee or canopy and projects in such a way that the sign face is not parallel to the wall to which it is attached.
(r) SIGN, ROOF. Any sign or part of a sign which is erected on, or as a part of, the roof of a building.
(s) SIGN, TEMPORARY. A sign, often with a non-changeable message, with or without a structural frame, intended for a limited period of display.
(t) SIGN, WALL. A sign which is attached directly to, or painted upon, a building wall, the exposed face of which is essentially in a plane parallel to the building wall or structure.
(u) SIGN, WINDOW. A sign, picture, symbol or combination thereof that is placed on the interior of a window pane or glass with the intent to be visible from the outdoors.
SIGN FACE. The portion of a sign excluding its base, foundation and erection supports.
SINGLE OWNERSHIP. A parcel of land in separate and distinct ownership from adjacent parcels.
SITE PLAN. A plan of a proposed project that shows all relevant features necessary to determine if it meets the requirements of this chapter.
STORY. The part of a building, except a mezzanine level, that is between the surface of one floor and the surface of the next floor. If there is no floor above, then a STORY is the space between the floor and the above ceiling. See also BASEMENT.
STORY, HALF. The uppermost habitable story under a sloped roof with a usable floor area that does not exceed 75% of the floor area of the story immediately below.
STREAMERS. A long narrow wavy strip resembling or suggesting a banner floating in the wind.
STREET. A public or private thoroughfare, used or intended to be used for passage or travel by motor vehicles. STREET also includes the term ROAD.
(a) STREET, PRIVATE. A privately owned and maintained street serving three or more lots, parcels, buildings or dwellings, and constructed on a privately owned easement.
(b) STREET, PUBLIC. An easement, right-of-way or other interest that has been conveyed to and accepted by a governmental body for the purpose of providing access to abutting land.
STRUCTURE. Anything constructed or erected requiring a permanent location in or on the ground, or that must be attached to something having such a permanent location. STRUCTURES include, but are not limited to, houses, buildings, accessory structures or buildings, fences, signs, decks, parking lots, access drives and swimming pools.
SWIMMING POOL. A basin or structure designed to hold water for aquatic recreation; not including temporary, portable pools located upon the ground and holding less than 300 gallons of water, or decorative pools less than two feet deep.
TELECOMMUNICATION TOWER. A freestanding structure or one that is attached to another structure, supporting one or more antennas for telephone, radio or other communication.
TRAILERS. See RECREATIONAL VEHICLE.
(a) CANOPY TREE. A deciduous shade tree.
(b) EVERGREEN TREE. A tree with foliage that persists and remains green throughout the year.
(c) ORNAMENTAL TREE. A small deciduous tree grown for its foliage and/or flowers.
TRUCK STOP. A facility intended to provide services to the trucking industry including, but not limited to, the following activities, dispensing of fuel, repair shops, automated washes, restaurants and motels all as part of the facility.
USE. Any purpose for which land or a structure is designed, arranged, intended, used, maintained or occupied.
(a) ACCESSORY USE. A use customarily incidental and subordinate to the principal use of the structure or premises.
(b) USE PERMITTED BY RIGHT. A principal or accessory use that, because of its nature, is allowed as regulated within a specified zoning district.
(c) PRINCIPAL USE. The primary purpose for which land or a structure may be used.
(d) TEMPORARY USE. A use or activity that may be permitted for a limited time.
VARIANCE. An allowed modification to the requirements of this chapter, as authorized by the Zoning Board of Appeals under the provisions of this chapter and Public Act 207 of 1921, being M.C.L.A. §§ 125.3101 to 125.3702, as amended.
VEHICLE SERVICE STATION. An establishment where motor vehicle fuel is sold and/or where charging services are provided for electric vehicles. Minor vehicle repair services may be offered, including the sale of related vehicle products and accessories. The facility may also sell convenience retail items, including such items as snacks, food, beverages and small household items.
(a) MAJOR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including powertrain and suspension repair or rebuilding, body work, frame alignment, undercoating, painting, tire recapping, engine rebuilding, dismantling upholstery, auto glass work and other vehicle repair work creating noise, glare, fumes or smoke, but not including vehicle wrecking, junking or salvaging.
(b) MINOR. The services related to general routine maintenance of motor vehicles, including the sale and installation of oil and other fluids (other than fuel), tires, batteries, belts, windshield wipers, mufflers and exhaust systems, brakes and shock absorbers, air conditioners and wheel alignment and balancing.
VEHICLE SALES. The use of a building, property or other premises for the display and sale of vehicles, trucks, boats, trailers, farm equipment or other similar mobile equipment in operable condition, whether new or used. It may also include vehicle preparation, washing or minor repair conducted in association with the sale of vehicles.
VEHICLE WASH ESTABLISHMENT. All or part of a building, premises or property regularly used for washing vehicles. (Also referred to as a CAR WASH.)
VETERINARY CLINIC. A veterinary establishment that admits animals on an outpatient basis for examination and treatment and that does not usually lodge animals overnight.
VETERINARY HOSPITAL. A place where animals are given medical care and their boarding is limited to short-term care incidental to the hospital use.
(a) A building primarily used to store goods, materials and commodities including associated driveway, vehicle circulation and parking areas and also a self-storage warehouse where customers deliver and store goods and remove them when storage is terminated.
(b) A WAREHOUSE may include goods, materials and commodities stored on a wholesale basis before being distributed for retail sale.
WIND ENERGY CONVERSION SYSTEM (WECS).
(a) A WIND ENERGY CONVERSION SYSTEM is a combination of:
1. A surface area (typically a blade, rotor or similar device), either variable or fixed, for utilizing the wind for electrical power;
2. A shaft, gearing, belt or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator or other electricity-producing device;
3. The generator, alternator or other device to convert the mechanical energy of the surface area into electrical energy, generally housed in a nacelle;
4. The tower, pylon, building mount or other structure upon which any, all or some combination of the above are mounted;
5. Other components not listed above, but that are associated with the normal construction, operation and maintenance of a WECS; and
6. A WECS may have a horizontal axis with a rotor that spins perpendicular to the ground or a vertical axis with a rotor that spins parallel to the ground.
(b) WECS HEIGHT. The distance measured between the ground (at normal grade) and the highest point of a WECS (for a horizontal axis WECS, the measurement shall be to the tip of the rotor blade when the blade is in the full vertical position). The height of a building mounted WECS shall be measured from the grade of the building upon which it is attached.
(c) SINGLE ACCESSORY WECS. A single WECS placed upon a lot or parcel with the primary intent to service the energy needs of only the structures and uses on the same lot or parcel.
WINE TASTING ROOM. The retail premises of a winemaker or winemaker licensee, as defined by the state’s Liquor Control Commission, where wine is not produced, but is offered for tasting and for sale, including the retail sale of wine-related items and pre-packaged and prepared food items.
YARD. The open spaces on a lot located between a building and a lot line. The term REQUIRED YARD refers to the portion of the yard lying between the lot lines and required setback lines.
(a) YARD, FRONT. The space extending the full width of the lot, the depth of which is the furthest horizontal distance between the front lot line and the building line of the principal building.
(b) YARD, REAR.
1. The space extending the full width of the lot, the depth of which is the furthest horizontal distance between the rear lot line and the building line of the principal building.
2. A through lot is not considered to have a REAR YARD.
(c) YARD, SIDE. The space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the furthest horizontal distance from the side lot line to the nearest building line of the principal building.
(d) YARD, STREET SIDE. A side yard located between a principal building and a street side lot line on a corner lot.
(e) YARD, REQUIRED. The area within the required setback, on all sides of a building.
ZONING ACT. The state’s Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 to 125.3702 as amended.
ZONING ADMINISTRATOR. The person designated by the City Manager to administer this chapter.
ZONING BOARD OF APPEALS (ZBA). The city’s Zoning Board of Appeals.
ZONING DISTRICT (ZONE). 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 chapter.
ZONING PERMIT. A standard form issued by the Zoning Administrator upon application and declaration by the owner or his or her duly authorized agent regarding proposed construction and use of land and buildings and structures thereon granting approval for the construction or use applied for.
(Prior Code, §§ 5.5—5.16) (Ord 784, passed 10-16-2017; Ord. 791, passed 3-19-2018; Ord. 794, passed 9-17-2018; Ord. 795, passed 11-5-2018; Ord. 801, passed 4-15-2019; Ord. 805, passed 9-3-2019; Ord. 821, passed 10-19-2020; Ord. 823, passed 1-4-2021)