For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.
   ACCESSORY AMUSEMENT USE.  Any nonresidential establishment in which three or fewer mechanical amusement devices (excluding pool tables and billiard tables) for hire are located, as regulated in §§ 12-24 through 12-37 of this Code of ordinances.
   ACCESSORY BUILDING.  A building or portion of a building subordinate to a main building on the same lot that is occupied by or devoted exclusively to an accessory use.
   ACCESSORY STRUCTURE.  A detached structure on the same lot as, and customarily incidental and subordinate to, the principal structure.
   ACCESSORY USE. A use which is clearly incidental to or customarily carried on in connection with the principal use on the same lot or on a different lot to which the use has been extended.
   ACREAGE.  Any tract or parcel of land which has not been subdivided or platted.
   ADDITION. An extension or increase in floor area or height of a building or structure.
   ADULT. A person having arrived at the legal age of adulthood as defined by Michigan law.
   ADULT DAY CARE or DAY SERVICES CENTER.  A facility that provides social or recreational programs, health services, supervision or other care for functionally or cognitively impaired adults principally during daytime hours, not more than 32 hours a day or more than six days per week. This definition includes adult day health care centers but does not include nursing homes, homes for the aged, hospitals or other facilities that routinely provide medical treatment or overnight care.
   ADULT ENTERTAINMENT USES. Any use that provides services, materials or entertainment to adults involving specified sexual activities or specified anatomical areas.  ADULT ENTERTAINMENT USES include, but are not limited to, the following.
      (1)   ADULT BOOKSTORE.  An establishment that devotes more than an incidental portion of its floor area to the sale or display of pornography. Establishments that display, sell or rent such material within an enclosed area that is accessible only to adults and that comprises no more than 5% of the floor area shall not be included within this definition.
      (2)   ADULT MOVIE THEATER OR ARCADE.  A building used for presenting pornographic motion pictures or visual images by any means or device.
      (3)   ADULT NIGHTCLUB.  Any establishment featuring live performances by nude or semi-nude dancers, entertainers, waitstaff or other persons.
      (6)   ADULT NOVELTY BUSINESS.  Any establishment that sells devices designed for sexual stimulation.
      (7)   ADULT PERSONAL SERVICE ESTABLISHMENT.  Any establishment that provides massages, baths, tattoos or similar services, or that arranges, solicits or provides escorts, dates, models, unlicensed therapists, companions or entertainers, either on or off the premises. The following are not included within the definition of an ADULT PERSONAL SERVICES ESTABLISHMENT:
         a.   Establishments that routinely provide any such services by a licensed or certified health professional or massage therapist acting within the standards and scope of a generally recognized health profession or organization;
         b.   Public or non-profit organizations such as schools, parks and community recreation centers;
         c.   Studios, clubs and gymnasiums offering continuing instruction in martial or performing arts or providing facilities for organized athletic activities to the general public;
         d.   Hospitals, nursing homes, medical clinics and medical offices; and
         e.   Barber shops, beauty parlors, health spas and salons that administer massage only to the neck, shoulder, scalp and face or by a licensed or certified therapist acting within the standards of a generally recognized licensing or certifying organization.
      (8)   RESTRICTED ADULT BUSINESS.  Any adult entertainment use that is customarily open only to adults.
   ADULT FOSTER CARE FACILITY.  A licensed establishment that provides foster care to adults, including aged, mentally ill, developmentally disabled or physically handicapped adults who require supervision on an ongoing basis but who do not require continuous nursing care. ADULT FOSTER CARE FACILITY does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential centers for persons released from or assigned to a correctional facility.
      (1)   ADULT FOSTER CARE FAMILY HOME.  A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee must be a member of the household and an occupant of the residence.
      (2)   ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection, in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.
      (3)   ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care and protection, in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.
   ALLEY.  Any roadway, other than a city street, affording a secondary means of access to abutting property, and not intended for general traffic circulation.
   ALTERATION.  Any change, addition or modification in construction or use: any change in the structural members of a structure, such as walls or partitions, columns, beams or girders.
   APARTMENT.  A room or suite of rooms arranged and intended as a dwelling unit for a single family or a group of individuals living together as a single housekeeping unit: typically intended for rental use or as an individual unit in a collection of units cooperatively owned by its occupants.
   APARTMENT BUILDING.  A building used or arranged for rental occupancy or co-operatively owned by its occupants, having three or more attached single-family or single-dwelling units, with a yard, compound, service or utilities in common.
   APARTMENT, EFFICIENCY.  A dwelling unit in a multifamily building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
   APARTMENT HOTEL.  An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
   ARCADE OR AMUSEMENT CENTER.  Any establishment that contains four or more mechanical amusement devices and whose principal use is providing entertainment through such devices.
   ARCHITECTURAL FEATURES.  Architectural features of a building or a structure include, but are not limited to, cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
   AUTOMOBILE OR TRAILER SALES AREA.  An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition.
   AUTOMOBILE REPAIR, MAJOR.  A structure or use devoted to the general repair, rebuilding or reconditioning of motor vehicles or engines, including collision service; body, frame or fender straightening and repair; or overall painting and undercoating.
   AUTOMOBILE REPAIR, MINOR.  A structure or use providing limited motor vehicle repair and service, such as minor dent repair; detailing; lubrication; radiator or fuel system flushing, and installation of motor vehicle parts and accessories such as spark plugs, batteries, tires, mufflers and belts.
   AUTOMOBILE SERVICE STATION or FILLING STATION.  A place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies for operating and equipping motor vehicles, including greasing and oiling, and, if within an enclosed building, incidental brake, muffler, and similar services, but not including any operation named under “automobile repair, major.”
   AUTOMOBILE WRECKING.  The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
   BED AND BREAKFAST OPERATION.  A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and a meal or meals in return for payment for a limited time.
   BOARD.  The City of Flint Board of Zoning Appeals.
   BOARDING OR LODGING HOUSE. A dwelling or part thereof where meals or lodging or both, are provided for compensation. A BOARDING HOUSE is to be distinguished from a hotel, motel, bed and breakfast establishment, or a convalescent, nursing or group home.
   BUILDING.  Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the group up, each part is deemed a separate building, except as regards minimum side yard requirements as provided by this chapter.
   BUILDING FRONT LINE.  A line that coincides with the face of the building nearest the front line of the lot. This face includes sun parlors and enclosed porches, but does not include steps. This line shall be parallel to the front lot line and measured as a straight line between the intersection points with the side yard. For the purposes of this section, the FRONT LINE shall be the front setback line.
   BUILDING HEIGHT.  The vertical distance measured from the established finished 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 a terrace, the height shall be measured from the average finished ground level of the terrace at the building wall.
   BULK STATION. A place where crude petroleum and petrochemical liquids such as gasoline, naphtha, benzene, benzal and kerosene are stored for wholesale purposes and where the aggregate capacity of all storage tanks is more than 6,000 gallons.
   CEMETERY.  Land used or intended to be used for the burial of the human dead, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with, and within the boundaries of the CEMETERY.
   CHANGE IN USE.  A use different from the previous use of a site. A different use shall first be determined on the basis of the zoning districts in which the respective uses are first permitted, either as a principal use permitted outright or a principal conditional use. A further difference of use shall be determined on the basis of uses listed in the subheadings of each zoning district, such as retail services, eating and drinking places, automotive services. Changes within subheadings are not considered a CHANGE IN USE. If an existing structure is vacant, the last occupant shall determine use.
   CHILD CARE CENTER.  A facility, other than a private residence, receiving one or more preschool or school age children for care for periods less than 24 hours a day, and where the parents or guardians are not immediately available to the child. The term includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The term also includes any facility referred to as day care center, day nursery, nursery school, drop-in center and parent cooperative preschool. A CHILD CARE CENTER does not include a Sunday school, Vacation Bible School, or religious instructional class operated by a religious organization where children are in attendance for not greater than three hours per day for an indefinite period or not greater than eight hours per day for less than one month per year.
   CLINIC.  A place used for the care, diagnosis and treatment of persons in need of medical or surgical attention, but who are not kept overnight on the premises. See also VETERINARY CLINIC.
   CLUB. A nonprofit association that maintains, owns, hires or leases a building or space in a building or which furnishes to its members and/or guests any premises or place where members and/or guests may engage in the drinking of alcoholic liquor for any fee, cover charge, donation or other charge that may reasonably construed as consideration. Also, the building owned or leased by such a group.
   COLLECTOR STREET. A street that provides both land access and traffic movement in the local district.
   CO-LOCATION. The ability to attach wireless antenna to existing structures such as towers, rooftops, utility lines, church spires and the like.
   COMMISSION. The City of Flint Planning Commission.
   COMMON LAND.  A parcel or parcels of land together with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned unit development.
   COMMUNITY DEVELOPMENT PROJECT.  Any residential development which conforms to the requirements and standards of the community development project regulations of this chapter.
   CONDITIONAL USE. A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning Commission and granting of conditional use approval with such conditions as necessary to make the use compatible with other uses permitted in the same district or vicinity.
   CONFORMING. In compliance with the regulations of the pertinent zoning district.
   CONVALESCENT OR NURSING HOME. A building where infirm or incapacitated persons are furnished lodging, shelter, meals, nursing, personal care or limited medical attention on a regular basis for compensation. Such a facility provides limited assistance but not the degree of care and treatment provided by a hospital or skilled nursing center.
   COUNTY. The County of Genesee. Michigan.
   COURT.  An open, unoccupied space on the same lot or parcel with a building and bounded on two or more sides with walls of the building.
   COURT, INNER.  Any court other than an outer court.
   COURT, OUTER.  A court which extends directly to and opens for its full width on a street or other permanent space, or on a required yard, at least 20 feet wide.
   COVERAGE.  The part of a lot or parcel of land occupied by one or more structures.
   CUL DE SAC.  A street terminating at one end with a turning radius.
   DEVELOPMENT. The construction of a new structure on a lot, the relocation of an existing structure on a lot, or the use of open land for a new use.
   DIRECT ACCESS. Access not requiring trespass over adjacent property or rights-of-way.
   DISTRICT.  An area of the City with specific zoning regulations as defined in this chapter.
   DWELLING. Any building or portion thereof used for human habitation, exclusive of tents, campers, trailers, portable buildings and mobile homes or other buildings without a permanent foundation.
      (1)   ATTACHED. A dwelling unit attached to two or more dwelling units by common vertical walls.
      (2)   DETACHED. A dwelling unit that is not attached to any other dwelling unit by any means.
      (3)   SEMI-DETACHED. A dwelling unit attached to one other dwelling unit by a common vertical wall, with each dwelling unit located on a separate lot. Also commonly known as a DUPLEX.
      (4)   STACKED RANCH. A two-story building divided horizontally and vertically by common party walls and floors into eight or fewer single-story dwelling units, each unit having an independent pedestrian entrance either directly to the outside or through a common vestibule, and integral individual garages.
      (5)   TOWNHOUSE. A building divided vertically by common walls into four to 12 attached dwelling units with independent entrances to both the front yard and the back yard or garage, and having no unit located above another unit.
      (6)   MULTIPLEX. A building divided vertically into three or more separate dwelling units having independent entrances either directly to the outside or through a common vestibule.
   DWELLING GROUP.  A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
   DWELLING, MULTIFAMILY.  A building containing three or more dwelling units.
   DWELLING, SINGLE-FAMILY.  A building designed for residential use containing not more than one dwelling unit.
   DWELLING, TWO-FAMILY.  A building containing not more than two dwelling units.
   DWELLING UNIT.  One or more rooms connected together with kitchen and sanitary facilities designed for residential use by one family or housekeeping unit and physically separated from any other room or dwelling unit in the same structure.
   EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner of the property.
   ENVIRONMENTAL AREA.  An area that the Department of Natural Resources has determined is necessary for the preservation and maintenance of wildlife, water, soil, open space or forest resources.
   ERECT. To build, construct, alter, reconstruct or otherwise perform any physical operation intended to result in the placement of a structure on the premises, including excavation, backfill, drainage and the like.
   ESSENTIAL SERVICES.  The construction or maintenance of gas, electrical, steam, sewer, water, or other utility systems, equipment and accessories, whether underground or overhead, that are reasonably necessary for furnishing adequate utility services to the public.
   ESTABLISHMENT.  Any business or enterprise that utilizes any building, structure, premises, parcel, place or area.
   EXCEPTION. A modification of the requirements of this chapter, specifically permitted herein, which is necessary to avoid undue hardship in the practical application of the provisions of this chapter. An EXCEPTION is not a variance.
      (1)   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, with not more than two additional unrelated persons who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit.
      (2)   A collective number of individuals domiciled together in one dwelling unit having demonstrable and recognizable bond characteristic of a cohesive unit, whose relationship is of a continuing nontransient domestic character and who live together as a functional family in a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.
   FAMILY DAY CARE HOME.  A private home in which one but not more than six minor children are received for care and supervision for periods less than 24 hours a day, unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. FAMILY DAY CARE HOMES include homes that give care to an unrelated minor child for more than four weeks during a calendar year.
   FENCE. A wall composed of posts carrying boards, rails, pickets or wire, or to iron structures consisting of a vertical or horizontal bars or of open work.
   FENCE, DECORATIVE.  An open or semi-open fence, ornamental in nature, not intended to provide a permanent barrier to passage or for screening. DECORATIVE FENCING does not include chain link fencing.
   FLOOD INSURANCE RATE MAP (FIRM).  The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
   FLOOD INSURANCE STUDY. The official report of the Federal Insurance Administration providing flood profiles, the flood insurance rate maps, and the water surface elevation of the base flood.
   FLOOR AREA. The sum of the horizontal area of the several floors of a building measured from the interior faces of the exterior walls for residential dwellings. The FLOOR AREA measurement shall not include area of basements, stairways, unfinished attics, attached garages, breezeways, enclosed or unenclosed porches, or utility rooms. For commercial uses, the FLOOR AREA measurement shall not include areas used or intended to be used principally for storage or processing; hallways, stairwells; elevator shafts; floor space used for mechanical equipment or utilities; attic space having headroom of seven feet, ten inches or less; interior balconies, mezzanines; or sanitary facilities in addition. Any space devoted to off-street parking or loading shall not be considered FLOOR AREA.
   FLOOR AREA, GROSS.  The sum of the horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The GROSS FLOOR AREA of a building shall not include the basement floor area except when more than half of the basement is above grade.
   FLOOR AREA, GROUND. The horizontal area of the first floor of a building other than a cellar or basement.
   FRONT, LOT.  The side of a lot that abuts a public street. For corner lots, the front is the shortest side that abuts a street. Where buildings exist on the lot, the LOT FRONT may be established by the orientation of the buildings. Otherwise the principal entrance shall determine the front of the lot.
   FRONTAGE.  The distance along the boundary between any lot or parcel of property and a highway, public right-of-way or waterway.
   GARAGE.  A structure or use devoted to the storage or care of motor vehicles. A commercial GARAGE is a structure or use where motor vehicles are equipped for operation, repaired, or stored for remuneration, hire or sale. This definition excludes a structure or use principally devoted to the storage of motor vehicles for scrap or salvage purposes or for sale as scrap or salvage material.
   GRADE. The highest point of the ground contacting any portion of the basement or foundation of a building.
   GROUP DAY CARE HOME.  A private home in which seven but not more than 12 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. GROUP DAY CARE HOMES include homes that give care to an unrelated minor child for more than four weeks during a year.
   HEALTH CARE FACILITY. Any facility or institution that provides mental or physical health care services, including diagnosis, treatment, rehabilitation or preventive care and that allows overnight stays.
   HOME FOR THE AGED.  A supervised personal care facility, other than a hotel, adult foster care facility, hospital, nursing home or county medical care facility, that provides room, board and supervised personal care to 21 or more unrelated, nontransient individuals 60 years of age or older. HOME FOR THE AGED includes a supervised personal care facility for 20 or fewer individuals 60 years of age or older if the facility is operated in conjunction with and as a distinct part of a licensed nursing home.
   HOME OCCUPATION or BUSINESS.  An occupation that is traditionally and customarily carried on within a dwelling and that is clearly incidental and secondary to the use of the dwelling as a residence.
   HOSPITAL.  An institution for the diagnosis, treatment or care of aged, sick or injured people. The term HOSPITAL shall include sanatoriums but not nursing homes, rest homes or convalescent homes.
   HOTEL. A building or part of a building, with a common entrance or entrances, in which dwelling or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service, and bellboy service. A HOTEL may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms as accessory uses.
   HOUSEKEEPING UNIT.  A dwelling unit organized as a single entity in which the members share common kitchen facilities and have access to all parts of the dwelling unit.
   INDUSTRIAL PARK.  A planned industrial development on a tract of land containing an internal road network suitable for trucks and employee traffic and supplied with water, sewer, electric and natural gas lines.
   JUNK. Any refuse, waste material or item that has ceased to have value for its originally intended use, including salvaged material, metal, machinery, motor vehicles or motor vehicle parts.
   JUNKYARD.  A place where waste, discharged or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building and not including vehicle tow yards and impound lots, pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
   KENNEL. Any structure or premises on which four or more dogs or cats over four months of age are kept.
   LOADING SPACE. An off-street space within a building or on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, such space having direct and unobstructed access to a street or alley.
   LODGE.  See CLUB.
   LOT.  A parcel of land intended for a single principal use together with accessory uses permitted in this chapter and having determined by lot lines.
   LOT AREA. The total area included within lot lines. Where a lot line lies in part of a street, the LOT AREA shall not include that part of the lot in the street proper.
   LOT, CORNER. A lot located at the intersection of two streets or a lot bounded on two sides by a curving street, any two chords of which form an angle of 135 degrees or less as measured on the lot side. The point of intersection of the street lot lines is the corner. In the case of a CORNER LOT with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.
   LOT COVERAGE. The part or percent of the lot area occupied by structures.
   LOT DEFINITIONS.  See Appendix: Compiled Illustrations, Illustration 50-1, “Typical lot definitions,” at the end of this chapter.
   LOT DEPTH. The horizontal straight-line distance between the front and rear lot lines, measured along the median between side lot lines.
   LOT, DOUBLE FRONTAGE. Any interior lot having frontage on two approximately parallel streets, as distinguished from a corner lot. See LOT, THROUGH.
   LOT, FLAG. A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
   LOT, INTERIOR.  A lot other than a corner lot.
   LOT LINES. The property lines bounding a lot as defined herein.
      (1)   FRONT LOT LINE.  The shortest lot boundary abutting a public street.
      (2)   REAR LOT LINE.  The lot boundary opposite and most distant from the front lot line. In the case of irregularly shaped lots, a line ten feet in length parallel to and at the maximum distance from the front lot line that is entirely within the lot shall be considered the REAR LOT LINE for the purpose of determining required rear yard spacing.
      (3)   SIDE LOT LINE.  Any lot line not a front or rear lot line. A side lot line separating a lot from a street is a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.
   LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds; a lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds; or a lot or parcel described by metes and bounds, the description of which has been so recorded. Whenever an owner uses two or more recorded lots as a single building site, or combines two or more lots on any recorded plat in the records of the Assessor or Treasurer, the combination of lots shall be deemed to be a single LOT OF RECORD for the purposes of this chapter.
   LOT, THROUGH.Any interior lot having frontage on two approximately parallel streets, as distinguished from a corner lot. In the case of a row of two or more double frontage lots, all yards of the lots adjacent to streets shall be considered front yards, and setbacks shall be provided as required in this chapter.
   LOT WIDTH. The horizontal straight-line distance between the side lot lines, measured along the median between the front and rear lot lines.
      (1)   A single tract of land, located within a single block, which, at the time of filing for a zoning permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control.
      (2)   A ZONING LOT shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A ZONING LOT therefore may not coincide with a lot of record as filed with the County Register of Deeds, but may include one or more lots of record. Two or more adjacent lots may only be treated as a ZONING LOT if they cannot be combined into one tax parcel by the City.
   MAJOR STREET PLAN.  The major street plan for the City as adopted by the Planning Commission, establishing the location and official right-of-way width of principal streets and highways in the City.
   MAJOR THOROUGHFARE. A large volume traffic way intended for traffic from the immediate municipal area and the regions beyond.
   MANUFACTURED HOME. A factory built single-family structure that meets the National Manufactured Home Construction and Safety Standards Act, commonly known as the HUD (United States Department of Housing and Urban Development) Code. See MOBILE HOME.
   MARGINAL ACCESS DRIVE.  A street that is parallel to and adjacent to a primary 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 on the primary street and so that the flow of traffic on the primary street is not impeded by direct driveway access from a large number of abutting properties.
   MEZZANINE.  An intermediate level or levels in any story with an aggregate floor area of not more than one-third of the floor area of the room or space in which it is located.
   MINI STORAGE FACILITY.  A building or group of buildings where separate, locking units are leased to customers for the storage of personal property.
   MOBILE HOME.  Any structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to the required utilities and which is, or is intended to be, attached to the ground to another structure, or to a utility system on the same premises for more than 30 consecutive days, but does not include a recreational vehicle.
      (1)   Type A. New mobile homes certified as meeting HUD mobile home construction and safety standards.
      (2)   Type B.  Used mobile homes certified as meeting HUD mobile home construction and safety standards or standards contained under State of Michigan Act 230 of the Public Acts of 1972, being MCLA §§ 125.1501 et seq., and MSA §§ 5.2949(1) et seq., as amended, found on inspection to be in good condition.
      (3)   Type C.  Used mobile homes certified as meeting HUD mobile home construction and safety standards or standards contained under Act 230 of the Public Acts of 1972, being MCLA §§ 125.1501 et seq., and MSA §§ 5.2949(1) et seq., as amended, found on inspection to be in poor condition and unsafe and/or unfit for residential occupancy.
      (4)   Type D. Used mobile homes not certified as meeting HUD mobile home construction and safety standards or not meeting standards contained under State of Michigan Act 230 of the Public Acts of 1972, being MCLA §§ 125.1501 et seq., and MSA §§ 5.2949(1) et seq., as amended.
   MOBILE HOME PARK. Any parcel of land or part thereof used or offered for use as a location for three or more mobile homes on a continual, non-recreational basis together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.
   MODULAR HOME.  A dwelling manufactured in a factory in separate units that comply with applicable State construction codes and that are designed for transport by separate carrier to the build site for assembly on a permanent foundation. MODULAR HOMES shall be considered site-built homes.
   MOTEL. A series of attached, semi-detached or detached rental units with individual entrances providing convenient access to off-street parking areas and that are rented for overnight lodging primarily to the public traveling by motor vehicle.
   MOTOR HOME.  Any vehicle built and licensable for use on public streets and highways that has been constructed or adapted for use as a dwelling or sleeping place for one or more persons. See TRAVEL TRAILER.
   MOTOR HOME PARK. A park designed specifically to accommodate the use of motor homes and travel trailers as dwellings. Also commonly referred to as a TRAILER PARK or RV PARK.
   NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, that does not conform to the regulations of the zoning district in which it is located.
   NONCONFORMING LOT. Any lot, outlot or parcel of land which, through a change in the law, no longer conforms to the provisions of the zoning district in which it is located.
   NONCONFORMING STRUCTURE. A structure which, through a change in the law, no longer conforms to the provisions of this chapter.
   NONCONFORMING USE. A use that was valid when begun but which, through a change in the law, no longer conforms to the regulations of the zoning district in which it is carried on.
   NUISANCE. A thing or practice causing or having potential to cause annoyance such as noise, dust, dirt, smoke, fly ash, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, effluent crowd noise, traffic or trespass of persons or objects, whether or not the thing or practice constitutes a legal nuisance subject to forcible abatement.
   NURSERY.  A structure or use where live trees, shrubs or plants are grown, tended or stored and offered for retail sale, including products used for gardening or landscaping, but not including a structure or use principally for the sale of fruits, vegetables or Christmas trees.
   NURSING HOME.  A nursing facility that provides organized nursing care and medical treatment to seven or more individuals suffering or recovering from illness, injury or infirmity, including a County medical care facility, but excluding a hospital or a facility created by Act 152 of the Public Acts of 1985, as amended, being MCLA §§ 36.1 to 36.12 of the Michigan Compiled Laws.
   OFF-STREET PARKING LOT OR FACILITY.  A structure or use providing parking spaces for more than five motor vehicles along with adequate drives and aisles for maneuvering, as prescribed by the regulations of the zoning district in which the off-street parking is located.
   OPEN AIR BUSINESS USE.  Any retail business that sells goods that are displayed or otherwise merchandised outside an enclosed building, including automobile sales areas, nurseries, parking lot sales, camper sales and other similar uses.
   OPEN FRONT STORE.  An establishment designed to provide service to customers beyond the walls of the building, not requiring the patron to enter the building. The term OPEN FRONT STORE shall not include auto repair stations or gas stations.
   OPEN SPACE.  Any unoccupied space, open to the sky, on the same lot or parcel of land as a building. Designated parking is not OPEN SPACE.
   OUTDOOR ADVERTISING.  Any sign used to advertise a good, service or activity that is not primarily produced or sold on the premises where the sign is located.
   PARKING SPACE. A permanently surfaced area of not less than 180 square feet (nine feet by 20 feet), either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
   PENNY ARCADE. Any nonresidential establishment in which four or more mechanical amusement devices (excluding pool tables or billiard tables) for hire are located, as regulated in §§ 12-24 through 12-37 of this Code of ordinances.
   PLANNED INDUSTRIAL DISTRICT.  Any industrial development which conforms to the requirements and standards of the planned industrial district regulations of this chapter.
   PLANNED SHOPPING CENTER (INTE- GRATED NEIGHBORHOOD or COMMUNITY SHOPPING CENTER).  Any commercial develop- ment which conforms to the requirements and standards of the integrated neighborhood or community shopping center regulations of this chapter.
   PORNOGRAPHY.  Any media that has more than an incidental portion of its content depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” and that is intended to provide sexual gratification or arousal.
   PRINCIPAL USE. The main use to which the premises are devoted.
   PRIVATE ROAD.  A road for ingress and egress to more than one parcel of property that is not part of a subdivision created under State Act 288, Public Acts of 1967, as amended.
   PUBLIC BUILDING.  Buildings that are financed largely by public funding and are available for public use, as distinguished from buildings that are government financed, but are intended for private use; e.g., public housing.
   PUBLIC FACILITY.  Any facility other than a recreation area which is maintained by public funds, including, but not limited to, libraries, museums, administrative offices, and fire and police stations. This definition does not include schools, community hospitals or any facility involving outdoor storage.
   PUBLIC UTILITY.  A person, firm, corporation, municipal or County department, or council or commission duly authorized to furnish to the public, and that is so furnishing, gas, steam, electricity, sewage disposal, telegraph, telephone, transportation or water under Federal, State or municipal regulations.
   RECREATION AREA. Any parcel of land, whether natural or improved, public or private, designated solely for indoor or outdoor recreational activities.
   RECREATION FACILITY, PRIVATE.  Any privately owned commercial recreation facility, including golf courses, riding stables, race courses, bowling alleys, clubs, lodges and other similar facilities.
   RECREATION FACILITY, PUBLIC. Any publicly owned and maintained recreation facility available to the general public, with or without a fee.
   RECREATIONAL VEHICLE.  A vehicle designed for use on streets and highways that serves as temporary living quarters for recreational purposes, whether self-propelled or attached to another vehicle, including motor homes, pickup campers, travel trailers and tent trailers.
   RESTAURANT.  An establishment whose principal business is the sale of foods, desserts or beverages to customers in a ready-to-consume state.
      (1)   CARRY-OUT RESTAURANT. A restaurant where food and beverages are served in disposable containers for consumption primarily off the premises.
      (2)   DINE-IN RESTAURANT. A restaurant where food and beverages are served for consumption primarily within the restaurant building.
      (3)   DRIVE-IN RESTAURANT. A restaurant designed to serve food and beverages to customers within their motor vehicles for consumption on the premises and outside the restaurant building.
      (4)   FAST FOOD RESTAURANT. A restaurant where food and beverages are served in disposable containers for consumption either inside the restaurant building or off the premises.
   RIGHT-OF-WAY. A street, alley or other thoroughfare or easement permanently established for the passage of persons or vehicles.
   SERVICE AREA.  An outdoor area connected with a commercial use devoted to loading and unloading operations and for the receipt and temporary storage of goods, materials and equipment.
   SETBACK.  The minimum distance a structure or any portion thereof must be located from the lot lines.
   SIGN.  Any outdoor structure or display whose principal purpose is to convey a message or to identify the location of or direct attention to an object, product, place, activity, person, institution, organization or business. A SIGN shall not include any display of official court or public notices, nor shall it include the flag of a political unit or school.
   SPECIAL FLOOD HAZARD AREA. An area of land subject to a 1% or greater chance of flooding in any given year as determined by the Federal Flood Insurance Study.
   SPECIFIED ANATOMICAL AREAS.  Less than completely and opaquely covered human genitals, pubic region, buttock, female nipple and areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES. Acts of human masturbation, sexual intercourse, sodomy, and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
   STORY. The portion of a building, included between the upper surface of a floor and the upper surface of the floor above or the upper surface of the roof rafters or ceiling joists if there is no floor above.
   STORY, FIRST.  The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family, shall be deemed the FIRST STORY.
   STORY, HALF. An uppermost story lying under a sloping roof having a floor area of at least 200 square feet with a minimum head clearance of seven feet, six inches.
   STREET. A public right-of-way, other than an alley, intended for travel by motor vehicles, which is a principal means of access to abutting property.
   STREET LINE. The street right-of-way line.
   STRUCTURE. Anything constructed or erected, including a building, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
   TELEVISION SATELLITE DISH. Any device capable of receiving television signals from satellites.
   TEMPORARY BUILDINGS, USES. A building, structure or use permitted to exist during construction of the main structure or use or during special events.
   TOURIST HOME.  A building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
   TRAVEL TRAILER. A vehicle designed for towing on streets and highways that is used as a temporary dwelling, office or business.
   USE.  The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
   VARIANCE. A deviation from the zoning provisions of this chapter granted when strict enforcement would cause undue hardship or practical difficulties owing to circumstances unique to the property for which the variance is granted. A VARIANCE is not an exception.
   VETERINARY CLINIC. A building where animals are examined and treated by a veterinarian.
   WIRELESS TELECOMMUNICATION FACILITY. All structures and equipment involved in transmitting and receiving telecommunications signals from mobile communication sources, such as private and commercial mobile radio service facilities, personal communication services (PCS) towers, and cellular telephone towers. Not included are AM/FM radio antennas, television antennas, satellite dishes and licensed amateur radio facilities.
      (1)   ANTENNA. The device through which wireless telecommunication signals are transmitted or received, as authorized by the Federal Communications Commission.
      (2)   EQUIPMENT SHELTER. The structure in which the equipment for receiving and transmitting wireless communications is housed.
      (3)   STEALTH DESIGN. Camouflaging telecommunication facilities to minimize their visibility and blend them in with their surroundings.
      (4)   TOWER.  A structure intended to support telecommunications transmission and receiving equipment such as monopoles, freestanding lattice structures and guyed lattice structures.
   YARD.  An open space, other than a court, on a lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
   YARD, FRONT.  A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
   YARD, REAR.  A yard opposite the front yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
   YARD, SIDE.  A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and the nearest point of the main building.
   YARD, SIDE, LEAST WIDTH, HOW MEASURED.  Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, that if the proposed location of the right-of-way line of such street as officially established differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street so established.
   ZONING ADMINISTRATOR. The administrative official designated by the City of Flint with the responsibility for administering and enforcing this chapter and related ordinances.
   ZONING CERTIFICATE.  A document authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
   ZONING DISTRICT. An area of the City in which certain structures, buildings and uses are permitted or prohibited, as set forth in this chapter, that is intended to protect and preserve the character of certain areas, to prevent the establishment of incompatible uses in close proximity to each other, and to regulate and provide for necessary and objectionable uses.
(Ord. 2046, passed 4-11-1968; Ord. 2829, passed 3-22-1982; Ord. 2832, passed 5-10-1982; Ord. 2845, passed 7-26-1982; Ord. 2910, passed 4-23-1984; Ord. 2972, passed 9-23-1985; Ord. 3015, passed 11-10-1986; Ord. 3053, passed 4-11-1988; Ord. 3275, passed 4-25-1994; Ord. 3465, passed 12-11-2000; Ord. 3660, passed 7-11-2005; Ord. 3705, passed 4-14-2008)