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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not herein defined shall have the meaning customarily assigned to them.
ACCESSORY BUILDING. A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.
ACCESSORY USE. A use subordinate to the main use of a lot or parcel and used for purposes clearly incidental to those of the main use.
AGGRIEVED PARTIES. Those parties whose application for a zoning compliance permit has been denied and those owners or occupants of property within 300 feet of the property who can demonstrate a material and substantial detrimental impact to their property as a direct result of a decision of the Zoning Administrator.
AGRICULTURE. Farms and general farming, including horticulture, floriculture, dairying, livestock, and poultry raising, farm forestry, and other similar enterprises, or uses, but not farms opened as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for a least a period of one year immediately prior thereto and for the use and consumption of persons residing on the premises.
ALLEY. Any dedicated public way affording a secondary means of vehicular 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 or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.”
APARTMENT. A dwelling unit in a multiple dwelling building as defined herein:
(1) EFFICIENCYAPARTMENT. A dwelling unit consisting of not more than one room in addition to kitchen and necessary sanitary facilities.
(2) ONE BEDROOM UNIT. A dwelling unit consisting of not more than two rooms in addition to kitchen, dining and necessary sanitary facilities.
(3) TWO BEDROOM UNIT. A dwelling unit consisting of not more than three rooms in addition to kitchen, dining and necessary sanitary facilities.
(4) THREE BEDROOM UNIT. A dwelling unit consisting of not more than four rooms in addition to kitchen, dining and necessary sanitary facilities.
AUTOMOBILE REPAIR STATION. A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, painting and undercoating.
AUTOMOBILE SERVICE STATION. A place where gasoline (stored only in underground tanks) kerosene or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises, including sale of minor accessories and services for automobiles.
BASEMENT. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
BOARD. The Zoning Board of Appeals.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for the purposes of a building. BUILDING includes any part thereof.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.
CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.
COUNCIL. The duly elected legislative body of the City of Cheboygan.
DISTRICT. A portion of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-INRESTAURANT. A business establishment for the serving of food and/or beverage so developed that its retail or service character is substantially dependent on providing a drive-way approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure or to permit patron self-service and return to motor vehicle.
DWELLING. Includes the word “residence.”
DWELLINGUNIT. A building, or portion thereof, designed for occupancy by one (1) family for residential purposes and having cooking facilities.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, designed for occupancy by three or more families living independently of each other.
(1) APARTMENT HOUSE. A building containing three or more dwelling units arranged either side by side or one above the other.
(2) CONDOMINIUM. The ownership of apartments and the space enclosed by the description together thereof with an ownership of the interest of the common elements as described in Public Act 59, §§ 3 to 6, of 1978, being M.C.L.A. §§ 559.103 to 559.106, as amended.
DWELLING, ONE-FAMILY. A building designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families, living independently of each other, such as a duplex dwelling unit.
ERECTED. Built, constructed, altered, reconstructed, moved upon, or any physical operation on the premises which are required for the construction. Excavation, 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 of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
EXCEPTION. A use permitted only after review of an application by the Board of Appeals or Planning Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of this chapter covering conditions, precedent or subsequent, are not precise enough to cover all applications without interpretation, and such review is required by this chapter.
FAMILY. One or two persons or parents, with their direct lineal descendants or adopted children or foster children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.
FLOORAREA. For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
FLOORAREA, USABLE. (For the purposes of computing parking) is that area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities shall be excluded from the computation of FLOOR AREA, USABLE. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise, and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.
GRADE. A ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground of each face of the building.
HOMEOCCUPATION. An occupation that is traditionally or customarily carried on in the home, provided:
(1) That such occupation is incidental to the residential use to the extent that not more than 25% of the usable floor area of the principal building, and/or 70% of an accessory building, shall be occupied by such occupations;
(2) That no article or service is stored outside, or offered for sale outside on the premises;
(3) That such occupation shall not require internal or external alterations of construction features, or the presence of heavy equipment or heavy machinery, not customary in residential areas;
(4) That there be not more than one employee other than members of the resident family;
(5) That for each such dwelling unit, there be allowed, flat against the wall, one non-illuminated name sign not exceeding six square feet in area, indicating the name and/or type of home occupation;
(6) That such home occupation not be allowed in a multiple-family dwelling;
(7) That the required minimum number of off-street parking spaces specified herein for comparable occupational uses be provided;
(8) That no parking or storage of commercial vehicles be allowed outside on the premises except those of three ton manufacturers nominal gross vehicle weight or smaller;
(9) No such home occupation shall be noxious or offensive by reason of nighttime operations, emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, radioactive matter, heat, humidity, glare, refuse or other objectionable emissions nor otherwise constitute a public nuisance.
(10) HOME OCCUPATIONS shall include, in general, personal services such as the professions of a doctor, dentist, osteopath, chiropractor, chiropodist, optometrist, author, architect, engineer, surveyor, lawyer, accountant, tax preparer, woodcarver, artist, carpenter, painter, electrician, plumber, and the occupations of dressmaker or beautician; and,
(11) The following shall not be deemed to be HOME OCCUPATIONS: automotive repair shops, clinics, hospitals, barber shops, tearooms, flea markets, tourist homes, animal hospitals, kennels, millinery shops, amusement hall, martial arts schools and child day care nurseries, among others.
JUNKYARDS. An open area where waste, used or second-hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.
KENNEL. Any lot or premises on which more than three dogs, cats, or other household pets are either permanently or temporarily boarded. Kennel shall also include any lot or premises where household pets are bred or sold.
LAND USE PLAN. A plan that is a representation of the preferred future of how the city would grow, and includes recommendations on development goals, objectives and policies.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT. A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated for such on public road. LOT includes the words “plot” or “parcel.”
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended form an interior angle of less than 135 degrees.
LOT COVERAGE. That part or per cent of the lot occupied by buildings, including accessory buildings.
LOT-DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT, DOUBLE FRONTAGE. Any interior lot having frontages on two more or less parallel streets a distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINES. The lines bounding a lot as defined herein:
(1) FRONT LOT LINE. In the case of an interior lot, the lot line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from that street which is designated as the front street in the plat and the request for a building permit.
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot lines other than the front lot lines or rear lot lines. 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 parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds, at the time of adoption of the 1967 Zoning Ordinance (7-11-67), or in common use by municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a recorded ownership separate from that of the remainder thereof.
LOT WIDTH. The straight line distance between the side lot lines measured at the two points where the minimum building line, or setback, intersects the side lot lines.
MAINBUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
MAIN USE. The principal use to which the premises are devoted and the principal purpose for which the premises exists.
MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume trafficway for both the immediate city area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with right-of-way width, existing or proposed, of 120 feet or greater shall be considered a major thoroughfare.
MASTER PLAN. The comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan or part thereof may or may not be adopted by the Planning Commission and/or City Council.
MATERIAL IMPACT. One which is objectively manifested and readily observable.
MAY. Is permissive.
MEZZANINE. An intermediate or fractional story between the floor and ceiling of a main story occupying not more than one-third of the floor area of such main story.
MOBILE HOME. A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (or their) own running gear and designated to be used as a dwelling unit (or units) without a permanent foundation, designed and built in accordance with the National Fire Protection Association (NFPA) Manufactured Housing Standards and the most recent edition of the American National Standards Institute (ANSI) standards.
MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.
NONCONFORMING BUILDING. A building or portion thereof, lawfully existing at the effective date of this code, or amendments thereto, and that does not conform to the provisions of this chapter relative to height, bulk, area, or yards for the district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this code, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
NURSERY, PLANT MATERIAL. A space, building or structure, or combination there of, for the storage of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
OCCUPIED. Includes arranged, designed, built, altered, converted to, rented or leased, or intended to be occupied.
OFF-STREET PARKING LOT. A facility other than for single-family dwellings providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit of the parking for more than three vehicles.
OPEN FRONT STORE. A business establishment other than a restaurant, bank, automobile service or repair station, so developed that service to the patron may be extended beyond the walls of the building, not requiring the patron to enter the building.
PARKING SPACE. An area of definite length and width, the area shall be exclusive of drives, aisles or entrances giving access therein, and shall be fully accessible for the storage or parking of permitted vehicles.
PLANNING COMMISSION. The Planning Commission of the city.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, board or commission duly authorized to furnish under federal, state or municipal regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
SETBACK. The distance required to obtain the front, side or rear yard open space provisions of this chapter.
SHALL. Is always mandatory and not discretionary.
STABLE, PRIVATE. A stable for the keeping of horses for the noncommercial use of the residents of the principal use and shall not include the keeping of horses for others or for boarding.
STABLE, PUBLIC. A stable other than a private stable.
STORY. That part of a building, except a mezzanine as defined herein; included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground.
STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor does not exceed two-thirds of the floor area in the story directly below, and the height above at least 200 square feet of floor space is seven feet six inches.
STREET. A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Includes any part thereof.
SUBSTANTIAL IMPACT. One which, by its nature and degree, directly affects the lawful uses to which the property may be put.
TEMPORARY USE OR BUILDING. A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.
TRAILER COACH. Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
TRAILER COURT. Any plot of ground upon which six or more trailer coaches occupied for dwelling or sleeping purposes are located.
USE. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
USED FOR. Includes “arranged for,” “designed for,” “intended for,” “maintained for,” or “occupied for.”
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are (1) undue hardship, (2) unique circumstances, and (3) applying to property. A variance is not justified unless all three elements are present in the case.
VETERINARY CLINIC. A place where animals or pets are given medical or surgical treatment with use as a kennel limited to short-time boarding which is incidental to the medical use.
YARD. The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein:
(1) FRONT YARD. An open space 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.
(2) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
(3) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
(`73 Code, 15.011, § 5.1 - 15.018, § 5.8) (Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. eff. 11-19-75; Am. Ord. eff. 5-3-82; Am. Ord. eff. 4-19-07; Am. Ord. eff. 6-6-08)