§ 152.001 PURPOSE.

   Pursuant to the authority granted to the Village of Fowler by the Public Acts of the State of Michigan, this chapter is established for the following purposes:

   (A)   To promote and protect the public health, safety, and general welfare;

   (B)   To protect the character and the stability of the open space, residential, and nonresidential areas within the Village of Fowler and promote the orderly and beneficial development of such areas;

   (C)   To provide adequate light, air, privacy and convenience of access to property;

   (D)   To regulate the intensity of use of land and lot areas and determining the area of open spaces surrounding buildings and structures necessary to provide adequate light and air and to protect the public health;

   (E)   To lessen and avoid congestion on the public highways and streets;

   (F)   To promote healthful surroundings for family life in residential areas;

   (G)   To protect the public and adjacent uses from fire, explosion, noxious fumes or odors, excessive heat, dust, smoke, glare, noise, vibration, and other health and safety hazards;

   (H)   To prevent the overcrowding of land and undue concentration of buildings and structures, so far as possible and appropriate, in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them;

   (I)   To enhance the social and economic stability of the village;

   (J)   To enhance the aesthetic desirability of the environment throughout the village; and

   (K)   To conserve the expenditure of funds for public improvements and services.

§ 152.002 SCOPE.

   (A)   Interpretation and application.

      (1)   In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, or general welfare. It is not intended by this chapter to impair or interfere with any other existing provision of law or ordinance.

      (2)   However, where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations, or permits, the provisions of this chapter shall control.

   (B)   Vested rights. Except as otherwise noted in this chapter, nothing in this chapter shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein; and all rights are hereby declared to be subject to such subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

§ 152.003 TITLE.

   This chapter shall be known and may be cited as the "Village of Fowler Zoning Ordinance."

§ 152.004 APPLICATION OF REGULATIONS.

   The right to continue a land use or activity or construct a building or structure which is either permitted by this chapter or established as a legal nonconformity shall be vested with the property rather than the owner. No rights shall be terminated for reasons of transfer of ownership. The right to continue a land use or activity shall transfer automatically upon the conveyance of the property unless terminated pursuant to § 152.069, Nonconforming Uses, Structures, and Lots.

§ 152.005 SCOPE OF PROVISIONS.

   (A)   Except as otherwise provided for in this chapter, every building and structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of an existing building or structure, and every enlargement of, or addition to, an existing use, building and structure occurring after the effective date of this chapter, shall be subject to this chapter.

   (B)   Uses permitted by right. All land development specifically listed under the heading "Uses Permitted by Right" shall be allowed when determined to be in accordance with all provisions of this chapter and all other applicable laws, regulations or ordinances having jurisdiction over the proposed use of land. Where not specifically permitted, uses are prohibited, unless construed to be similar to a use as expressly determined by the Board of Zoning Appeals.

   (C)   Uses permitted by special land use. All land development specifically listed under the heading of "Uses Permitted by Special Land Use" in the district description contained in this chapter shall be conducted in accordance with the requirements of §§ 152.210 through 152.215.

   (D)   Uses not specifically mentioned.

      (1)   Any use of land or development activity not specifically mentioned in this chapter shall be classified by the Zoning Board of Appeals for classification.

      (2)   If the Zoning Board of Appeals finds that the use is not similar in character to uses listed in the chapter they shall so find. It is advisable that the Zoning Board of Appeals recommend to the Planning Commission for consideration of an amendment to the Zoning Ordinance to include the proposed use in one or more of the zoning districts of this chapter, either as a use permitted by right or a use permitted by special land use.

   (E)   Uses existing before chapter. Any use of the land or development activity existing on the effective date of this chapter may continue subject to the provisions contained in § 152.069, Nonconforming Uses, Structures, and Lots.

DEFINITIONS AND INTERPRETATIONS

§ 152.015 INTENT AND PURPOSE.

   The purpose of this subchapter is to establish rules for interpreting the text of this chapter, to define certain words and terms, and to provide for the interpretation of this chapter by adoption of a technical dictionary. Certain words and terms which may not appear in this subchapter, but which have special application may be defined in other subchapters to which they apply.

§ 152.016 USE OF WORDS AND TERMS.

   (A)   If the meaning of this chapter is unclear in a particular circumstance, then the Zoning Board of Appeals shall interpret the provision to carry out the intent of the chapter if such can be comprehended from other provisions of the chapter or law.

   (B)   All words and phrases shall be interpreted and understood according to the common preferred usage of the language; but technical words and phrases and such as may have acquired a peculiar and appropriate meaning in the law shall be interpreted and understood according to such peculiar and appropriate meaning.

   (C)   Words used in the present tense shall include the future tense, words used in the singular shall include the plural, and words in the plural number shall include the singular, unless the context clearly indicates and stipulates the contrary.

   (D)   The words "person," "proprietor," "property owner," and "operator" shall include any recognized form of legal entity.

   (E)   The words "property," "lot," "parcel," "real estate," "premises," "plot" and "land" shall be interpreted to mean real property as delineated and described by legal documents and instruments.

   (F)   The word "road" shall also mean "highway," "street," "alley," "drive," "cul-de-sac," "land" or other public thoroughfare.

   (G)   The word "building" shall include the word "structure."

   (H)   The words "used" or "occupied" when applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."

   (I)   The words "shall" and "required" are always interpreted as mandatory and never as permissive or discretionary.

   (J)   The word "may" shall be interpreted as permissive or discretionary.

   (K)   Unless the context clearly indicates the contrary, the words noted below shall be interpreted as follows.

      (1)   "And" indicates that all connected items, conditions, provisions, or events shall apply.

      (2)   "Or," indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

      (3)   "Either…or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

   (L)   In computing the number of days, the first day is excluded and the last day is included. If the last day of any period during which an application, filing, or request is required to be made to the village or other governmental agency is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.

§ 152.017 DEFINITIONS "A".

   ACCESSORY STRUCTURE. A building or structure located on the same lot as the principal building or structure, the use of which is incidental or secondary to the principal building or use.

   ACCESSORY USE. A use of land or of a building or portion thereof which is customarily and naturally incidental to, subordinate to, and devoted exclusively to the principal use of the land or building and located on the same lot with the principal use.

   ADDITION. A structure added to the existing structure after the completion of the existing structure which extends or increases the floor area, or height of a building or structure.

   ADULT USES. The term shall include adult bookstore, adult motion picture theater, adult motel, adult nightclub, and massage parlor. These terms and terms related to these definitions, as noted, shall have the following indicated meanings:

      (1)   ADULT BOOKSTORE. An establishment having as a significant portion of its stock in trade books, films, magazines, electronic media and other periodicals which are distinguished or characterized by an emphasis on depicting or describing SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS.

      (2)   ADULT MOTION PICTURE THEATER. Means of adult entertainment depicting, describing or portraying through a motion picture media form SEXUAL CONDUCT or SPECIFIED

ANATOMICAL AREAS in a setting within an adult use that is generally characterized by one of the following:

         (a)   A coin or token-operated machine where someone may view a motion picture film, video, cassette, compact disc or other similar media form which depicts, describes, or portrays SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS.

         (b)   A booth, or other such constructed area, where an individual may, for the payment of a fee, view sexually explicit material depicting, describing or portraying SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS.

      (3)   ADULT MOTEL. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS.

      (4)   ADULT MERCHANDISE STORE or ADULT BUSINESS. A commercial establishment having a substantial or significant portion of its stock and trade in books, magazines, periodicals, photographs, videotapes, video cassettes, laser cassettes, films, electronic media or other visual representations which depict, describe, or portray SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS.

      (5)   ADULT PERSONAL SERVICE BUSINESS. A business having, as its principal activity, a person while nude, or while displaying SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS as defined herein, providing personal service for another person.

      (6)   ADULT NIGHTCLUB. A theater or other establishment, which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on SEXUAL CONDUCT or SPECIFIED ANATOMICAL AREAS.

      (7)   MASSAGE PARLOR. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of, or in connection with, SEXUAL CONDUCT, or where any person providing such treatment, manipulation or service related thereto exposes SPECIFIED ANATOMICAL AREAS.

      (8)   SEXUAL CONDUCT.

         (a)   Human genitals in a state of sexual stimulation or arousal;

         (b)   Acts of human masturbation, sexual intercourse or sodomy;

         (c)   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

      (9)   SPECIFIED ANATOMICAL AREAS.

         (a)   Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola;

         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   ALTERATION. Any modification, remodeling, change or rearrangement in the structural or supporting members such as bearing walls, columns, or girders, as well as any change in the doors or windows which affect the means of egress which is undertaken without adding to the floor area height or physical size of the building or structure.