1260.05 DEFINITIONS.
   As used in this Zoning Code, the words "used or occupied" include the words "intended, designed or arranged to be used or occupied." Additional definitions are located in Chapter 1289. In addition:
   (1)   Abandoned Sign. "Abandoned sign" means a sign which no longer correctly directs any person or advertises a bona fide business, lessor, owner, product, or activity conducted or available on the premises where such sign is displayed.
   (2)   Accessory Sign. "Accessory sign" means any sign identifying or advertising a business, person, activity, good, product or service located on the premises where the sign is installed and maintained, and is also known as a pertinent or on- premises sign.
   (3)   Accessory Structure. "Accessory structure" means a detached or attached structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(Ord. 98-2. Passed 6-22-98.)
   (4)   Accessory Use. "Accessory use" means a use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.
   (5)   Adult Entertainment Business or Use. "Adult entertainment business or use" means a business or commercial enterprise engaging in any of the following:
      A.   An adult arcade is any place to which the public is permitted or invited wherein coin, token, or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed by depicting or describing "specified sexual activities" or "specified anatomical areas."
      B.   An adult book store or adult video store is a commercial establishment that, as one of its principal business purposes, offers for sale or rental, for any form of consideration one or more of the following:
         1.   Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes, DVDs, or video reproductions, slides or other visual representations or media which depict or describe "specified sexual activities" or "specified anatomical areas".
         2.   Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".
   The sale of such material shall be deemed to constitute a principal business purpose of an establishment if it comprises ten percent or more of sales volume or occupies ten percent or more of the floor area or visible inventory within the establishment.
      C.   An adult cabaret is a nightclub, bar, restaurant or other similar commercial establishment that features:
         1.   Persons who appear in a state of nudity.
         2.   Live performances that are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".
         3.   Films, motion pictures, video cassettes, DVDs, slides, other photographic reproductions or visual media that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
         4.   Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience of customers.
      D.   An adult motel is a hotel, motel or other similar commercial establishment that:
         1.   Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, DVDs, slides, other photographic reproductions or visual media that depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right of way that advertises the availability of any of the above;
         2.   Offers a sleeping room for rent for a period of time that is less than twelve hours; or
         3.   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twelve hours.
      E.   An adult motion picture theater is a commercial establishment which for any form of consideration regularly and or primarily shows films, motion pictures, video cassettes, DVDs, slides or other photographic reproduction or visual media that are characterized by depiction or description of "specified sexual activities" or "specified anatomical areas".
      F.   An adult theater is a theater, concert hall auditorium, or similar commercial establishment that features a person or persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".
      G.   An adult massage parlor is any place where for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas."
      H.   An adult model studio is any place where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar educational institution.
      Specified Sexual Activities. As used in the above definitions, the phrase "specified sexual activities" shall mean and include:
         1.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast;
         2.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
         3.   Masturbation, actual or simulated; or
         4.   Excretory functions as part of or in connection with any of the activities set forth above in subsections 1. through 3.
      Specified Anatomical Areas. As used in the above definitions, the phrase "specified anatomical areas" shall mean and include:
         1.   Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus and female breast below a point immediately above the top of the areola; and
         2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 2005-08. Passed 9-12-05.)
   (6)   Adult Foster Care Facility. "Adult foster care facility" means a governmental or nongovernmental establishment subject to state licensing procedures as may be required having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults who are aged, emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. Adult foster care facility does not include a nursing home, a home for the aged, an alcohol or a substance abuse rehabilitation center, a hospital for the mentally ill, or similar facilities.
   (7)   Adult Foster Care Family Home. "Adult foster care family home" means a private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.
   (8)   Adult Foster Care Large Group Home. "Adult foster care large group home" means a facility with approved capacity to receive at least thirteen (13), but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.
   (9)   Adult Foster Care Small Group Home. "Adult foster care small group home" means a facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.
   (10)   Advertising Message. "Advertising message" means that copy on a sign describing products or services being offered to the public.
   (11)   Animated Sign. "Animated sign" means any sign which includes action or motion. This term does not refer to flashing, changing or indexing, all of which are separately defined.
   (12)   Architectural Blade. "Architectural blade" means a roof sign or projecting sign with no legs or braces, designed to look as though it could have been part of the building structure rather than something suspended from or standing on the building.
   (13)   Area, Floor. "Floor area" means the total floor area occupied by a use and measured to include all space used primarily or incidentally for such use.
   (14)   Area, Sales. "Sales area" means only that area customarily open and accessible to the public.
   (15)   Area of Copy. "Area of copy" means the entire area within a single, continuous perimeter composed of squares or rectangles, which perimeter encloses the extreme limits of the advertising message, announcement or decoration on a facia or wall sign.
   (16)   Area of Off-premises Sign. "Area of off-premises sign" means, for computation of area, one face of poster panels or bulletins which are installed back-to-back. If there is a difference in size, the larger face will be counted.
   (17)   Area of Sign. "Area of sign" means the area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
   (18)   Awning. "Awning" means a temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for the supporting framework.
   (19)   Awning Sign. See Canopy Sign.
(Ord. 2007-04. Passed 10-8-07.)
   (20)   Background Area. "Background area" means the entire area of a sign on which copy could be placed, as opposed to the copy area, when referred to in connection with facia or wall signs.
   (21)   Banner Sign. "Banner sign" means a temporary sign composed of lightweight material, whether or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
   (22)   Bed and Breakfast Facility. "Bed and breakfast facility" means a use which is subordinate to the principal use of an owner-occupied, single-family dwelling unit, in which transient guests are provided a sleeping room and breakfast in return for payment.
   (23)   Bi-annual. "Bi-annual" means every two years.
   (24)   Billboard. "Billboard" means a third party sign which advertises goods, products, services or facilities or which directs persons to a different location from where the sign is installed. Outdoor advertising signs which advertise goods, products or services not necessarily sold on the premises on which the signs are located are of three main types:
      A.   Poster panels or bulletins normally mounted on a building wall or freestanding structure with advertising copy in the form of pasted paper;
      B.   Multi-prism signs, which are the same as those described in division A. of this definition, but which alternate advertising messages on the one display area; or
      C.   Painted bulletins, where the advertiser's message is painted directly on the background of a wall-mounted or freestanding display area.
   (25)   Block Face. "Block face" means and consists of those properties fronting along an existing right-of-way and located between the intersections of existing streets, or between intersections and dividers such as rivers, railroads and other similar natural or man-made features.
   (26)   Building. "Building" means any structure, excluding fences, having a roof or walls and built for, or capable of, the shelter or enclosure of persons, animals, chattels or property of any kind.
   (27)   Building, Height of. "Height of building" means the vertical distance from the finished grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for mansard roofs, and to the mean height level between eaves and ridge for gable, hip and gambrel roofs. The limitations affecting the height of structures shall not apply to the appurtenant appendages of structures such as parapet walls not exceeding three (3) feet in height, chimneys, smokestacks, church spires, flagpoles, radio or TV towers, masts and antennas, penthouses for mechanical equipment and water tanks.
(Res. 24-95. Passed 2-13-95.)
   (28)   Building Frontage. "Building frontage" means the linear length of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.
   (29)   Building Official. "Building Official" means that individual designated by the City to enforce provisions of the Building Code.
(Ord. 2023-07. Passed 7-24-23.)
   (30)   Building Sign. "Building sign,” “wall sign” or “facia sign" means a sign attached to, painted on or erected against the wall, canopy or marquee of a building with the face in a parallel plane to the plane of the building wall.
   (31)   Bulletin. "Bulletin." See “billboard” as defined in this section.
   (32)   Canopy or Marquee. "Canopy" or "marquee" means a permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of some durable material, such as metal, glass or plastic.
   (33)   Canopy Sign or Marquee Sign. "Canopy sign" or "marquee sign" means any sign attached to or constructed in or on a canopy or marquee.
   (34)   Carry-Out Restaurant. "Carry-out restaurant" means an establishment that by design of the physical facilities, service, or packaging sells prepared ready-to-eat foods intended primarily to be consumed off the premises.
   (35)   Cellar or Basement. "Cellar" or "basement" means that portion of a structure with not less than three (3) walls thereof partly below grade and so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.
   (36)   Changeable Copy Sign (Manual). "Changeable copy sign (manual)" means a sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.
   (37)   Changeable Sign (Automatic). "Changeable sign (automatic)" means a sign, such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
   (38)   City. "City" means the City of Davison.
   (39)   City Planning Commission or Commission. "City Planning Commission" or "Commission" means the Davison Planning Commission as established by Council under provisions of the Municipal Planning Commission Act, being Act No. 285 of the Public Acts of 1931, as amended.
   (40)   Cluster Subdivision. "Cluster subdivision" means a single-family residential subdivision in which the platted lot sizes may be smaller than required by applicable zoning district provisions, provided that the total number of dwelling units does not significantly exceed that which could be developed under applicable zoning district provisions, and provided, further, that the remaining land area is dedicated to some type of recreation or open space, public (not including streets) or semipublic use.
   (41)   Community Master Plan or General Plan. "Community Master Plan" or "General Plan" means the Comprehensive Community Plan for the City of Davison, Michigan.
   (42)   Comprehensive Design Plan. "Comprehensive design plan" means building design and signs integrated into one architectural plan, the comprehensive plan being complete in all other building, structural, and electrical requirements.
   (43)   Conditional Use. "Conditional use" means a use of land for an activity which, under usual circumstances, would be detrimental to other land uses permitted within the same district, but which is permitted within the same district because of circumstances unique to the location of the particular use, which activity can be conditionally permitted without jeopardy to uses permitted within such district.
(Ord. 2008-01. Passed 3-10-08.)
   (44)   Conditional Use Permit. "Conditional use permit" means an authorization approved by the Planning Commission to use a parcel of land and/or structure for a conditional use.
   (45)   Congregate Care Facility. "Congregate care facility" means apartments and dwellings with communal dining facilities and services that includes independent living and sleeping accommodations.
   (46)   Convalescent or Nursing Home. "Convalescent or nursing home" means a licensed institution with sleeping rooms where two (2) or more persons are housed or lodged and are furnished with meals and nursing or limited medical care for twenty-four (24) or more consecutive hours.
   (47)   Copy. "Copy (permanent and temporary)" means the wording on a sign surface, either in permanent or removable letter form.
   (48)   Copy Area. "Copy area" means the area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. For facia signs, the copy area limits refer to the message, not to the illuminated background.
   (49)   Corral or Barnyard. "Corral" or "barnyard" means a pen or enclosure for confining animals or livestock, but not including an area for grazing of such.
   (50)   Council. "Council" means the Council of the City of Davison.
   (51)   Cul-de-sac. "Cul-de-sac" means a street terminated at one (1) end with a turning radius.
   (52)   Day Care. Day care homes and centers are defined as follows:
      A.   "Family day care home" means a private residence which receives for care, maintenance and supervision one (1) or more, but fewer than seven (7), children for less than twenty-four (24) hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
      B.   "Group day care home" means a private residence which receives for care, maintenance and supervision seven (7) through twelve (12) children for less than twenty-four (24) hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood marriage, or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
      C.   "Day care center" means a facility, other than a private residence, receiving one (1) or more preschool or school-age children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. Child care center or day care center includes a facility that provides care for not less than two (2) 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. Child care center or day care center does not include any of the following:
         1.   A Sunday school, a vacation bible school, or a religious instructional class that is conducted by a religious organization where children are attending for not more than three (3) hours per day for an indefinite period or for not more than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve (12) month period.
         2.   A facility operated by a religious organization where children are cared for not more than three (3) hours while persons responsible for the children are attending religious services.
         3.   A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.
         4.   A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school- age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.
(Ord. 2008-01. Passed 3-10-08.)
   (53)   Detached Sign. "Detached sign" means a sign erected on a freestanding frame, mast or pole and not attached to any building.
   (54)   Directional Sign. "Directional sign" means any sign which serves solely to designate the location or direction of any place or area.
   (55)   Directly Illuminated Sign. "Directly illuminated sign" means any sign designated to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
   (56)   District. "District" means each part of the City for which specific zoning regulations are prescribed.
   (57)   Drive-In Restaurant. "Drive-in restaurant" means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one (1) or both of the following characteristics:
      A.   Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle, including by means of a drive-through window.
      B.   The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, and permitted.
   (58)   Drive-Through Restaurant. "Drive-through restaurant" means an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile utilizing a drive-through window.
   (59)   Driveway, Residential. "Residential driveway" means a private vehicular way leading directly from a public street to a garage, carport, off-street parking space or area, or a side yard.
   (60)   Dumpster Enclosure. "Dumpster enclosure" means a manmade structure (wall) specifically constructed for the purpose of limiting access and screening visibility of a trash receptacle (dumpster) by enclosing it. Access is provided by means of a gate.
   (61)   Dwelling. "Dwelling" means a structure or portion thereof which is used exclusively for human habitation.
   (62)   Dwelling, Four-Family (Quadruplex). "Four-family dwelling" or "quadruplex" means four (4) attached dwellings in one (1) structure in which each unit has two (2) open space exposures and shares one (1) or two (2) common walls with an adjoining unit or units.
(Ord. 2008-01. Passed 3-10-08.)
   (63)   Dwelling, Multifamily (Garden Apartment). "Multifamily dwelling" or "garden apartment" means a residential structure or group of structures, each of which contains more than four (4) attached single-family dwelling units and shares common front and/or rear yards. Dwelling units can be located on top of each other, provided the maximum number of stories in any structure will be three (3).
   (64)   Dwelling, Single-Family Attached (Townhouse). "Single-family attached dwelling" or "townhouse" means a residential structure or group of structures, each of which contains more than four (4) attached single-family dwelling units with individual rear and/or front yards designed as an integral part of each single-family dwelling unit. There are no units located over another unit(s) and each unit is separated by one (1) or more common fire resistant walls.
   (65)   Dwelling, Single-Family Detached. "Single-family detached dwelling" means a detached residential dwelling unit with or without an attached garage, other than a mobile home, designed for and occupied by one (1) family only and surrounded by open space or yards on all sides.
   (66)   Dwelling, Single-Family Semi-Detached. "Single-family semi-detached dwelling" means a single-family dwelling attached to one (1) other single-family dwelling by a common vertical wall with each dwelling located on a separate lot. The dwellings units are side by side as opposed to one (1) on top of the other.
   (67)   Dwelling, Three-Family (Triplex). "Three-family dwelling" or "triplex" means a dwelling containing three (3) dwelling units, each of which has direct access to the outside or to a common hall.
   (68)   Dwelling, Two-Family (Duplex). "Two-family dwelling" or "duplex" means a structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
   (69)   Dwelling Unit. "Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or for rental or lease on a weekly, monthly or longer basis, and physically independent of any other group of rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
   (70)   Earth Berm. "Earth berm" means a mound of earth of a minimum eighteen (18) inches in height, planted with ground cover, grass, trees, or other landscaping material intended to minimize the view of parking areas and reduce noise and dust from adjacent uses and passersby.
   (71)   Easement. "Easement" means a permanent grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
   (72)   Elderly/Senior Citizen Housing. "Elderly/senior citizen housing" means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty-two (62) years of age or older, or couples where either spouse is sixty-two (62) years of age or older. This does not include an adult foster care facility, a home for the aged, or a nursing home.
   (73)   Electrical Sign. "Electrical sign" means any sign containing electrical writing which is attached or intended to be attached to an electrical energy source.
   (74)   Embellishment. "Embellishment" means:
      A.   Letters, figures, characters, or representations in cut-outs or irregular forms or similar ornaments attached to or superimposed upon the sign; or
      B.   A purely decorative embellishment on a free-standing sign.
   (75)   Employee Load Factor. "Employee load factor" means that number equal to the maximum number of employees that can be employed at any one (1) time in a particular structure or parcel of land, and refers to the basis upon which the number of parking spaces required is determined.
   (76)   Erected. "Erected" means attached, altered, built, constructed, reconstructed, enlarged or moved, and includes the painting of wall signs, but does not include copy changes on any sign.
   (77)   Essential Services. "Essential services" means the erection, construction, alteration or maintenance by public utilities or any governmental department or commission of underground or overhead gas, electrical, steam or water transmission or communication, supply or disposal systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection with, but not including, building structures.
   (78)   Face of a Sign. "Face of a sign" means the entire area of a sign on which copy could be placed.
   (79)   Facelift. "Facelift" means the remodeling of a building's frontage, which remodeling is visible from a public right-of-way, so that the building material, door frames, window frames, and signs are designed in harmony with each other.
   (80)   Family. "Family" means an individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons, excluding servants, who need not be related by blood or marriage, living together in a dwelling unit.
   (81)   Farm. "Farm" means any tract of land used for agriculture, horticultural, truck gardening, nursery or other similar purposes for growing crops or plants and/or for the raising of cattle, swine, horses or other animals, consisting of four (4) or more animals and uses incidental thereto.
   (82)   Feedlot. "Feedlot" means any facility or enclosed area where farm animals are fed and maintained for more than four (4) hours out of twenty-four (24) hours at a density greater than four (4) heads per acre for cattle and horses, ten (10) heads per acre for smaller animals, or more than thirty (30) fowls per acre.
(Res. 24-95. Passed 2-13-95.)
   (83)   Fence. "Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials, used to prevent or control entrance, confine within, provide screening or mark a boundary. (See Section 1288.25, Fences.)
   (84)   Fence, Decorative. "Decorative Fence" means an artificially constructed barrier of wood, masonry, stone, metal or any other manufactured materials, which is erected solely as a landscaping adornment, which does not function as a barrier to movement from one point to another and which serves no true enclosing function. Decorative fencing does not include chain-link fencing.
   (85)   Fence, Temporary. "Temporary Fence" means a fence or barrier erected for the express purpose of protecting the general public from an area while under construction.
(Ord. 98-3. Passed 8-10-98.)
   (86)   Field Fabricated Sign. "Field fabricated sign" means an electrical sign of such magnitude that it cannot be completely constructed in the factory.
   (87)   Flag. "Flag" means a temporary sign composed of lightweight material, whether or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
   (88)   Flashing Sign. "Flashing sign" means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs, such as public service time, temperature and date signs or electronically controlled message centers, are classed as "changing signs" not "flashing signs."
   (89)   Floodplain. "Floodplain" means lands which are subject to periodic flooding and which have been defined by the Soil Conservation Service of the U. S. Department of Agriculture to have alluvial soil deposits, indicating that such flooding has taken place. "Floodplain" also means lands defined as a floodplain by any technically qualified engineer and accepted by Council as such a floodplain.
   (90)   Freestanding Sign. "Freestanding sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Freestanding signs, therefore, include pole, pylon, and monument/ground signs.
   (91)   Frontage. "Frontage" means the land and distance thereof of any lot fronting on one (1) side of a street between intersecting or intercepting streets, or between a street and another right-of-way, waterway, end of a dead-end street, or City boundary measured along the street line.
(Res. 24-95. Passed 2-13-95.)
   (92)   Garage. "Garage" means an accessory structure, detached or attached, suitable for the storage of motor vehicles having no public shop or service in connection therewith, for the noncommercial use solely of the owner(s) or occupant(s) of the principal building located on the same lot.
(Ord. 98-2. Passed 6-22-98.)
   (93)   Garage Sales. "Garage sales" means and includes all sales which are entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "flea market sale" or any similar sale or tangible personal property, exceeding three (3) items in number, whether used, secondhand, damaged or discarded, which may be advertised by any means whereby the public at large is or can be made aware of and/or attend the sale. Garage sales are classified as either an individual sale or a neighborhood sale.
(Ord. 99-3. Passed 3-22-99.)
   (94)   Ground Level. "Ground level" means the street grade.
   (95)   Guide to Height. See illustration below.
 
(Ord. 2001-3. Passed 10-8-01.)
   (96)   Height of a Sign. "Height of a sign" means the vertical distance measured from the adjacent street grade or upper surface of the nearest street curb, other than an elevated roadway, which permits the greatest height to the highest point of the sign.
   (97)   Home Occupation. "Home occupation" means any use customarily conducted entirely within the dwelling (not conducted within any accessory structure) and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, and does not endanger the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, excessive traffic, fire hazards and the like, involved in or resulting from such occupation, profession, or hobby. Activities not deemed to be home occupations include, among others, medical clinics, hospitals, barber shops, nurseries, day medical clinics, beauty parlors, tea rooms, veterinarian's offices, tourist homes, animal hospitals, kennels, offices of insurance and real estate agents, lawyers, doctors and accountants, and millinery shops.
   (98)   Illuminated Sign. "Illuminated sign" means any sign which emanates light, either by means of exposed tubing or lamps on its surface or by means of illumination transmitted through the sign face.
   (99)   Incidental Sign. "Incidental sign" means a sign pertaining to goods, products, services, or facilities which are available on the premises where the sign is located.
   (100)   Indexing. "Indexing" means the turning and stopping action of the triangular vertical sections of a multi-prism sign designed to show three messages in the same area.
   (101)   Indirectly Illuminated Sign. "Indirectly illuminated sign" means any sign which reflects light from a source intentionally directed upon it; for example, by means of floodlights, gooseneck reflectors or externally-mounted fluorescent light fixtures.
   (102)   Individual Letter Sign. "Individual letter sign" means any sign made of self- contained letters that are mounted on the face of a building, top of a parapet, roof edge of a building or on top of or below a marquee.
   (103)   Interior Property Line. "Interior property line" means property lines other than those fronting on a street, road or highway.
   (104)   Kennel. "Kennel" means the housing or keeping of more than three (3) dogs on a lot or in a structure.
   (104A)   LARA. The Michigan Department of Licensing and Regulatory Affairs.
   (104B)   Licensee. An entity that holds a license issued under the Medical Marihuana Facilities Licensing Act, Act 281 of 2016, as amended, that allows the licensee to operate as one of the following, specified in the license:
          A grower
          A processor
          A secure transporter
          A provisioning center
          A safety compliance facility
   (105)   Limited Light Commercial Activity. "Limited light commercial activity" means a commercial enterprise limited to retailing or service activities which are of a nature that will not be detrimental to the character of the neighborhood and which can reasonably be expected to be a low traffic generator.
   (106)   Lintel. "Lintel" means, in this context, the line above the display windows and below the transom windows (if any) on a store; usually approximately nine feet from the grade.
   (107)   Loading Space, Off-Street. "Off-street loading space" means space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.
   (108)   Lot. "Lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and providing such yards and other open spaces as are herein required. Such lot shall have the minimum required frontage on an improved public street or on an approved private street and may consist of:
      A.   A single lot of record;
      B.   A portion of a lot of record;
      C.   A combination of contiguous lots of record or contiguous portions of lots of record; or
      D.   A parcel of land described by metes and bounds.
(Res. 24-95. Passed 2-13-95.)
   (109)   Lot Coverage. "Lot coverage" means that part or percent of the lot occupied by buildings, including accessory buildings, having a roof or walls and built for, or capable of, the shelter or enclosure of persons, animals, chattels or property of any kind, excluding buildings such as doghouses, pump houses, greenhouses or similar buildings less than 16 square feet in size.
(Ord. 99-2. Passed 3-22-99.)
   (110)   Lot of Record. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
   (110A)   Lot, Reverse Frontage. "Reverse frontage lot" means a double frontage lot having a rear yard (or side yard in the case of a corner lot) along an arterial road such as East Flint Street, and a front yard with direct access a local street, as depicted in the Reverse Frontage Lot Diagram.
Reverse Frontage Lot Diagram
 
   (111)   Maintain. "Maintain" means to permit a sign, structure, or any part thereof to continue or to repair or refurbish a sign, structure or any part thereof.
   (112)   Marginal Access Drive. "Marginal access drive" means a street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic or the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
   (112A)   Marihuana. The term as defined in section 7106 of the Public Health Code, 1978 PA 368, MCL § 333.7106 et seq.; the Michigan Medical Marihuana Act, MCL § 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL § 333.27101 et seq.; and the Marihuana Tracking Act, MCL § 333.27901 et seq.
   (112B)   Marihuana Establishment. “Marihuana establishment” means a location at which a licensee is licensed to operate a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the agency under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951.
   (113)   Marquee or Canopy. "Marquee" or "canopy" means a permanent roof-like shelter extending from part or all of the building face over a public right-of-way and constructed of some durable material, such as metal, glass or plastic.
   (114)   Marquee Sign or Canopy Sign. "Marquee sign" or "canopy sign" means any sign attached to or constructed in or on a canopy or marquee.
   (114A)   Medical Marihuana Facility. An enterprise at a specific location at which a licensee is licensed and a permit holder is permitted to operate under the Medical Marihuana Facilities Licensing Act. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marihuana Act, MCL § 333.26421 et seq.
   (114B)   Medical Marihuana Permit. A current and valid permit for a medical marihuana facility issued under the City's medical marihuana facilities ordinance, granted in accordance with that ordinance. (See Chapter 810 )
   (115)   Message. "Message" means the wording or copy on a sign.
   (116)   Misconduct In Office. "Misconduct in office" includes malfeasance, misfeasance, and nonfeasance. Malfeasance is wrongful conduct by a public official. Misfeasance is doing a proper act in a wrongful or injurious manner. Nonfeasance is a failure to act when under an obligation to do so.
(Res. 2007-02. Passed 7-11-07.)
   (117)   Mobile Home. "Mobile home" means a structure, transportable in one (1) or more sections, which is built on a chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, which include the plumbing, heating, air conditioning, and electrical systems contained in the structure.
   (118)   Mobile Home Park. "Mobile home park" means a park licensed and defined under provisions of the Mobile Home Commission Act of 1987, being Act No. 96 of the Public Acts of 1987, as amended.
   (118A)   Monopole. "Monopole" means a single pole structure that supports a platform and cellular antennas, that complies with the requirements of this chapter and that is part of a wireless communication facility authorized by the Federal Communications Commission.
   (119)   Motel. "Motel" means a group of furnished rooms or separate structures providing sleeping and parking accommodations for transient tourist trade, commonly known as tourist cabins or motor courts, and as distinguished from a lodging house.
   (120)   Multi-prism Sign. "Multi-prism sign" means a sign made with a series of triangular vertical sections that turn and stop or index to show three pictures or messages in the same area.
   (121)   Nameplate. "Nameplate" means a non-electric sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. If premises include more than one occupant, the nameplate refers to all names and occupations or professions, as well as the name of the building and directional information.
   (122)   Nonconforming Lot. "Nonconforming lot" means a lot with dimensions which conflict with the provisions of this Zoning Code.
   (123)   Nonconforming Sign (Legal). "Nonconforming sign (legal)" means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter, and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this chapter, or a nonconforming sign for which a special permit has been issued.
   (124)   Nonconforming Structure. "Nonconforming structure" means a structure conflicting with the regulations of the district in which it is located.
   (125)   Nonconforming Use. "Nonconforming use" means a use of land or a structure for purposes which conflict with the provisions of this Zoning Code.
   (126)   Off-premises Sign or Off-site Sign. "Off-premises sign” or “off-site sign" means a third-party sign that advertises goods, products, services, or facilities or that directs persons to a different location from where the sign is installed.
   (127)   On-premises Sign or On-site Sign. "On-premises sign” or “on-site sign" means any sign identifying or advertising a business, person, activity, good, product, or service located on the premises where the sign is installed and maintained, and is also known as a pertinent or accessory sign.
   (128)   Outdoor Advertising Sign. "Outdoor advertising sign.” See “billboard” as defined in this section.
   (129)   Owner. "Owner" means a person recorded as such on official records, and includes a duly authorized agent or notary; a purchaser, devisee or judiciary; and any person having a vested or contingent interest in the property in question.
   (130)   Parapet or Parapet Wall. "Parapet" or "parapet wall" means that portion of a building wall that rises above the roof level.
   (131)   Parking. “Parking” means leaving a vehicle in a certain place temporarily. "Parking" does not include surfacing intended for vehicle inventory associated with any automobile-related use. (Ord. 2023-08. Passed 7-24-23.)
   (132)   Parking Space, Off-Street. “Off-street parking space” means a space adequate for parking an automobile, with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, and located on a lot with the land use to which it is related. "Off-street parking space" does not include surfacing intended for vehicle inventory associated with any automobile-related use. (Ord. 2023-08. Passed 7-24-23.)
   (133)   Penthouse. "Penthouse" means a structure on top of a building roof, such as a structure that houses an elevator shaft or similar form.
   (134)   Permit. "Permit" means an official document or certificate issued by an authorized City official that authorizes performance of a specified activity.
(Ord. 2001-4. Passed 10-8-01.)
   (135)   Person. "Person" means any individual, corporation, association, firm, partnership, and the like.
   (136)   Planned Unit Development. "Planned unit development" means an integrated and coordinated development of various residential land uses, with or without retail stores, service stations, drugstores, personal service offices and restaurants, but excluding any manufacturing or wholesale activity, and developed in accordance with the conditions prescribed in this Zoning Code.
   (136A)   Plot Plan. “Plot Plan” means a simplified site plan which is typically reviewed and approved by the Zoning Administrator and contains the information outlined in Table 1262-B. (Ord. 2023-07. Passed 7-24-23.)
   (137)   Portable Sign. "Portable sign" means any sign not securely attached to the ground with a frost-free footing or to a building. A "sandwich board sign" shall not be considered a portable sign.
(Ord. 2007-04. Passed 10-8-07.)
   (138)   Premises. "Premises" means an area of land with its appurtenances and buildings, which area, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
   (139)   Projecting Sign. "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building face. The area of a double-faced projecting sign is calculated on one face of the sign only.
   (139A)   Provisioning Center. A licensee that is a commercial entity located in this State that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. “Provisioning center” includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act (MCL § 333.26421 et seq.) is not a provisioning center for purposes of this chapter.
   (140)   Public Right-of-way. "Public right-of-way" means the particular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the City Engineer shall determine the public right-of-way width.
   (141)   Public Service Information Sign. "Public service information sign" means any sign intended primarily to promote items of general interest to the community, such as time, temperature and date, atmospheric conditions, news or traffic control, etc.
   (142)   Real Estate Sign. "Real estate sign" or "property for sale, rent or lease sign" means any sign pertaining to the sale, lease, or rental of land or buildings.
   (143)   Recreational Vehicle. “Recreational vehicle” includes motor home, camper, travel trailer, trailer coach, snowmobile, motorcycles, dune buggies, all terrain vehicles, boats, other personal watercraft, and similar vehicular-type portable structures that lack a permanent foundation. A recreational vehicle can be towed, hauled, or driven and is principally designed to be used for private recreation purposes or recreational travel uses. Any trailer which is principally used for transporting any of the above shall also be considered a recreational vehicle.
(Res. 2007-02. Passed 7-11-07.)
   (144)   Roadside Stand. "Roadside stand" means a retail outlet with all related structures, primarily for the sale of farm produce grown on the farm upon which such stand is located.
   (145)   Roof Line. "Roof line" means the top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
   (146)   Roof Sign. "Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
   (147)   Rotating Sign. "Rotating sign" means any sign or portion of a sign which moves in a revolving or similar manner, but not including multi-prism or indexing signs.
   (148)   Sandwich Board Sign. "Sandwich board sign" means any sign within the Downtown Development Authority area that is comprised of two (2) sign panels joined at the top by a hinge to form a freestanding sign that is usually set outside in front of a place of business. Oftentimes called an "A-frame sign" or "A-frame sandwich board".
(Ord. 2007-04. Passed 10-8-07.)
   (149)   Sanitary Landfill. "Sanitary landfill" means any parcel of land used for the dumping of refuse for the purpose of disposing of such refuse and operated in accordance with Act No. 87 of the Public Acts of 1965, as amended.
   (150)   Seasonal or Holiday Signs. "Seasonal or holiday signs" means signs such as Christmas decorations or those used for an historic holiday and installed for a limited period of time.
   (151)   Senior Citizen Activity Center. "Senior citizen activity center" means a building or group of buildings designed to primarily accommodate activities and events planned for persons in the community who are sixty-two (62) years of age or older. A senior citizen activity center may be included as part of an elderly/senior citizen housing development.
   (152)   Service Station. "Service station" means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made and no others:
      A.   Sale and servicing of spark plugs, batteries and distributors and distributor parts and/or ignition systems;
      B.   Tire servicing and repair, but not recapping or regrooving;
      C.   Replacement of air, oil, and fuel filters, mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
      D.   Radiator cleaning and flushing;
      E.   Washing and polishing, and sale of automotive washing and polishing materials;
      F.   Greasing and lubrication;
      G.   Replacing or repairing of carburetors, fuel pumps, oil pumps and lines;
      H.   Emergency wiring repairs;
      I.   Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
      J.   Adjusting and repairing brakes;
      K.   Sale of cold drinks, packaged foods, tobacco and similar convenience goods for service station customers, as accessory and incidental to the principal operation;
      L.   Provision of road maps and other informational material, and of restroom facilities, to customers.
   Uses permissible at a service station do not include major technical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage or a body shop.
   (153)   Setback. "Setback" means the distance from the right-of-way lines of streets to the building line for the purpose of defining limits within which no building or structure, or any part thereof, shall be erected or permanently maintained.
   (154)   Shopping Center. "Shopping center" means a group or groups of three (3) or more commercial establishments developed in accordance with an overall plan and designed and built as an interrelated project.
   (155)   Sign. "Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located, excepting, however, the following (additional sign definitions are in Chapter 1292):
      A.   Signs not exceeding one (1) square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
      B.   Flags and insignia of any government, except when displayed in connection with commercial promotion;
      C.   Legal notices and identification, informational or directional signs erected or required by governmental bodies;
      D.   Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; and
      E.   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
   (156)   Sign Legend. "Sign legend" means the wording on a sign surface, either in permanent or removable letter form.
   (157)   Sign Sticker. "Sign sticker" means a sticker affixed either to the face or to the channel of a sign, visible from the street, denoting the name of the manufacturer or designated servicing company for purposes of identification by City officials.
   (158)   Sign Structure. "Sign structure" means any structure which supports, has supported or is capable of supporting a sign, including a decorative cover.
   (159)   Site Plan Committee. “Site Plan Committee” means an ad hoc administrative committee that may be comprised of the Building Official, representatives of the Department of Public Works and Fire Departments, City Engineer and City Planner. This Committee is charged with providing preliminary review duties as described in the site plan review requirements. (Ord. 2023-07. Passed 7-24-23.)
   (159A)   Slum and Blighted Areas. In accordance with state law, “slum and blighted areas” means any improved or vacant area within identified boundaries located within the territorial limits of the municipality, which meets state law and the following Community Development Block Grant (CDBG) definition:
      A.   Public improvements are in a general state of deterioration in the designated area, or a substantial number of buildings in the designated area are deteriorated or deteriorating, and at least 25% of properties in the area have one or more of the following characteristics:
         1.   Physical deterioration of buildings or improvements;
         2.   Abandonment of properties;
         3.   Chronic high turnover or vacancy rates in commercial/industrial buildings;
         4.   Significant decline in property values or abnormally low property values in relation to other areas in the community; or
         5.   Known or suspected environmental contamination.
   (160)   Special Purpose Sign. "Special purpose sign" means any sign other than a business, non-accessory, identification sign, including, but not limited to traffic signs.
   (161)   Standard Sheet. "Standard sheet" means a sheet which measures eight and one-half (8-1/2) inches by eleven (11) inches or consists of multiples of such dimensions such that a larger sheet can be folded into such dimensions.
   (162)   Storage. "Storage" means to put away for future use.
   (163)   Story. "Story" means that part of a building included between the surface of any floor and the surface of the floor or roof next above it. When the distance from the average established grade to the ceiling of a portion of a structure partly below such grade is greater than the distance from the average established grade to the floor, such portion shall constitute a story.
   (164)   Street. "Street" means a public thoroughfare which affords a principal means of access to abutting property and which has a right-of-way exceeding forty-nine (49) feet.
   (164A)   Street, Arterial. "Arterial street" means a street used primarily for fast or heavy traffic.
   (164B)   Street, Local. "Local street" means a street intended to provide limited mobility and provide primary access to residential areas, businesses, farms, and other local areas. Local roads, with posted speed limits usually range between 20 mph and 45 mph, are the majority of roads in the City.
   (165)   Structure. "Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.
(Res. 24-95. Passed 2-13-95.)
   (166)   Swimming Pool. "Swimming pool" means a pool designed for swimming purposes rather than wading purposes and having a depth of twenty-four inches or greater.
(Ord. 98-3. Passed 8-10-98.)
   (167)   Swinging Sign. "Swinging sign" means a sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
   (168)   Temporary Sign. "Temporary sign" means a sign which is not permanently affixed, including, but not limited to, banners, pennants, flags (not intended to include flags of any governmental, religious, and recognized fraternal organizations), searchlights, twirling or curb signs, balloons or other air or gas- filled figures, and political signs.
(Ord. 2007-04. Passed 10-8-07.)
   (169)   Temporary Window or Building Sign. "Temporary window or building sign" means a sign painted on the interior of a window or constructed of paper, cloth, or other like material and attached to the interior side of a window or displayed on the exterior of a building wall in order to direct the attention of persons outside the building to a sale of merchandise or a change in the status of the business.
   (170)   Travel Trailer Park. "Travel trailer park" means a park licensed under the provisions of the Mobile Home Commission Act of 1987, being Act No. 96 of the Public Acts of 1987, as amended, and designed specifically to permit the parking of travel trailers.
   (171)   Under Canopy Sign or Marquee Sign. "Under canopy sign" or "marquee sign" means a sign suspended below the ceiling or roof of a canopy or marquee.
   (172)   Unlawful Sign. "Unlawful sign" means a sign which contravenes this chapter or which the Building Official may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment, or a nonconforming sign for which a permit required under a previous Zoning Code was not obtained.
   (173)   Use. "Use" means the purpose for which a building, lot, sign, or other structure is arranged, intended, designed, occupied, or maintained.
   (174)   Variance. "Variance" means an authorization permitting change in the requirements of this Zoning Code by the Board of Zoning Appeals in cases where the general requirements of this Zoning Code and the literal enforcement of such would result in an unnecessary and undue hardship upon the variance applicant.
   (175)   Window Sign. "Window sign" means a sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window.
   (175A)   Wireless Communication Facilities. "Wireless communication facilities" means all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building, and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities, short wave facilities, ham, amateur radio facilities, satellite dishes, and governmental facilities which are subject to State or Federal law or regulations which preempt municipal regulatory authority. For purposes of this title, the following additional terms are defined:
      A.   Attached Wireless Communication Facilities. "Attached wireless communication facilities" means wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.
      B.   Wireless Communication Support Structures. "Wireless communication support structures" means structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
      C.   Collocation. "Collocation" means the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.
   (176)   Yard. "Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward. However, fences, walls, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
   (177)   Yard, Front. "Front yard" means a yard extending between side lot lines across the front of a lot and adjoining a public street.
(Res. 24-95. Passed 2-13-95.)
   (178)   Yard, Rear. "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yards, but only front and side yards. In the case of corner lots, the rear yard shall be considered as that yard area adjacent to the side of the principal structure which is opposite to that side of the principal structure in which the main entrance is located.
(Ord. 98-7. Passed 8-24-98.)
   (179)   Yard, Side. "Side yard" means a yard extending from the rear line of the required front yard and being between the principal structure and the side lot lines, to the rear lot line or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street.
   (180)   Zero Lot Line. "Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
   (181)   Zoning Administrator. “Zoning Administrator” means the person retained by the City of Davison to administer and enforce this Zoning Ordinance. (Ord. 2023-07. Passed 7-24- 23.)
   (182)   Zoning Board of Appeals. “Zoning Board of Appeals” means the Board provided for in the Michigan Zoning Enabling Act, being Act No. 110 of the Public Acts of 2006, as amended, with powers and duties as defined therein, except as modified herein. (Res. 2007-02. Passed 7-11-07; Ord. 2008-01. Passed 3-10-08; Ord. 2023-07. Passed 7-24-23.)
   (183)   Zoning Code. “Zoning Code” means Title Six of this Part Twelve - the Planning and Zoning Code. (Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23.)
(Ord. 2007-04. Passed 10-8-07; Ord. 2010-12. Passed 9-27-10; Ord. 2013-04. Passed 10-28-13; Ord. 2020-05. Passed 7-13-20; Ord. 2022-04. Passed 5-9-22; Ord. 2022-10. Passed 12-12-22.)