§ 154.005 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

   ACCESSORY USE, BUILDING, OR STRUCTURE. A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related.

   ADULT BOOK OR SUPPLY STORE. An establishment having 10% or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as defined herein, or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

   ADULT PHYSICAL CULTURE ESTABLISHMENT. Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged so as to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. A tattoo parlor as defined herein is specifically included as an ADULT PHYSICAL CULTURE ESTABLISHMENT. The following uses shall not be included within the definition of an ADULT PHYSICAL CULTURE ESTABLISHMENT.

      (1)   Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse, or any other similarly licensed medical professional.

      (2)   Electrolysis treatment by a licensed operator of electrolysis equipment.

      (3)   Continuing instruction in martial or performing arts, or in organized athletic activities.

      (4)   Hospitals, nursing homes, medical clinics, or medical offices.

      (5)   Barber shops or beauty parlors and salons which offer massages to the scalp, the face, the neck or shoulders only.

      (6)   Adult photography studios whose principal business does not include the taking of photographs of specified human anatomical areas.

   ADULT MODEL STUDIO. Any place where models who display specified anatomical areas as defined in this section, are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.

   ADULT MOTION PICTURE ARCADE. Any place where 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 displayed depict, describe, or relate to specified sexual activities or specified anatomical areas as defined in this section.

   ADULT MOTION PICTURE THEATER. An enclosed building wherein still or motion pictures, videotapes or similar materials are presented or viewed, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

   ADULT OUTDOOR MOTION PICTURE THEATER. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons of the theater. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

   ADULT USE MARIJUANA (MARIHUANA) ESTABLISHMENT. Any site, location, use, business, building as the term is defined in the Michigan Regulation and Taxation of Marihuana Act, Initiated Act 1 of 2018, as amended, which may include:

      (1)   MARIHUANA GROWER ESTABLISHMENT. As that term is defined in the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

      (2)   MARIHUANA PROCESSOR ESTABLISHMENT. As that term is defined in the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

      (3)   MARIHUANA RETAILER. As that term is defined in the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

   ALLEY. A dedicated public vehicular or pedestrian way, usually between or behind buildings, which affords a secondary means of access to abutting property.

   ALTERATION. Any change, addition or modification to a structure or type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns, or beams or girders, or any change which may be referred to herein as “altered” or “reconstructed.”

   ANIMAL HOSPITAL. See HOSPITAL, VETERINARY, as defined in this section.

   APARTMENT. See DWELLING, MULTIPLE-FAMILY, as defined in this section

   ARCADE. Any place, premises, establishment or room within a building which provides on its premises six or more machines which may be operated or used as a game, contest or for amusement of any description. For the purposes of this definition, MACHINE shall mean any device, apparatus, mechanical equipment or machine operated as amusement for required compensation. The term does not include vending machines used to dispense foodstuffs, toys, or other products for use and consumption.

   ATTACHED WIRELESS TELECOMMUNICATION FACILITY; ANTENNAS. Any wireless telecommunication facility affixed to an existing structure, such as a building, tower, water tank, utility pole, and the like, utilized to receive and transmit federally or state-licensed telecommunications services via duly licensed segments of the radio frequency spectrum. This definition shall not include support structures.

   AUTOMOBILE. Any motorized vehicle capable of conveying passengers or material by land usually on wheels or tracks, including cars, trucks, pickup trucks, vans, motorcycles, snowmobiles and similar vehicles.

   AUTOMOBILE FILLING STATION. A place used for the retail sale and dispensing of fuel or lubricants, together with the fixed equipment from which the fuel is dispensed directly into motor vehicles. AUTOMOBILE FILLING STATIONS may also incorporate a convenience store operation or a restaurant as an accessory use, provided it is clearly incidental to the filling station use. Parking requirements for filling station/convenience store or restaurant operations shall be computed by adding together the parking space requirements for each separate use.

   AUTOMOBILE REPAIR. Major or minor repair of automobiles shall be defined as follows.

      (1)   MAJOR REPAIR. Engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service such as body, frame or fender straightening or repair; steam cleaning, undercoating and rustproofing; and similar servicing, rebuilding or repairs that normally do require significant disassembly or storing of the automobiles on the premises overnight.

      (2)   MINOR REPAIR. Engine tune-ups and servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repairs that do not normally require any significant disassembly or storing of the automobiles on the premises overnight.

   AUTOMOBILE SERVICE STATION. A place where gasoline or other vehicle engine fuel, kerosene, motor oil and lubricants, and grease are sold directly to the public on the premises for the purposes of operation of motor vehicles; including the sale of minor accessories such as tires, batteries, brakes, shock absorbers, window glass, and the servicing of and minor repair of motor vehicles.

   AUTOMOBILE REPAIR GARAGE. An enclosed building where major automobile repair services may be carried out.

   AUTOMOBILE OR VEHICLE SALES. A building or premises used primarily for the sale automobiles and/or vehicles including the house trailers, recreational vehicles, trucks and other vehicles.

   AUTOMOBILE AND/OR VEHICLE RENTAL ESTABLISHMENT. A building or premises used primarily for the lease or rental of automobiles and/or vehicles, including house trailers, recreational vehicles, trailers and other vehicles.

   AUTOMOBILE WASH OR CAR WASH ESTABLISHMENT. An establishment contained within a building or premises or portion thereof where automobiles are washed.

   BASEMENT. That portion of a building which is partially or totally below grade, but is so located that the vertical distance from the average finished grade to the floor below is greater than the vertical distance from the average finished grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A basement shall not be counted as a story.

   BEDROOM. A room designed or used in whole or part for sleeping purposes.

   BERM. See LANDSCAPING as defined in this section.

   BLOCK. The property bounded by a street or by a combination of streets and public lands, railroad, utility, or public rights-of-way, rivers, drains, or streams, boundary lines of the city, or any other barrier to the continuity of development.

   BOARDING HOUSE or ROOMING HOUSE. A building, other than a hotel, where for compensation or by prearrangement for definite periods of time, lodging or lodging and meals are provided for three or more persons. A ROOMING HOUSE shall be deemed a BOARDING HOUSE for the purposes of this chapter.

   BORDER TREATMENT. A low barrier of natural or artificial materials located near the perimeter of a residential lot. Artificial materials commonly included in BORDER TREATMENT construction include wood, wire, metal, or any other material or combination of materials commonly used in fence construction. Natural materials commonly used for creation of a BORDER TREATMENT include deciduous and evergreen shrubs.

   BUILDABLE AREA. See BUILDING ENVELOPE as defined in this section.

   BUILDING. Any structure, either temporary or permanent, having a roof or other covering and used or built for the shelter or enclosure of persons, animals, chattels, or property or materials of any kind. A building shall include tents, awnings, or vehicles situated on a parcel and used for the purposes of a building. A building shall not include such structures as signs, fences or smokestacks, but shall include structures such as storage tanks, coal bunkers, oil cracking towers, or similar structures.

   BUILDING, PRINCIPAL. A building or, where the context so indicates, a group of buildings which are permanently affixed to the land and which are built, used, designed or intended for the shelter or enclosure of the principal use of the parcel.

   BUILDING, ACCESSORY. See ACCESSORY USE, BUILDING, OR STRUCTURE as defined in this section.

   BUILDING, TEMPORARY. A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of temporary buildings shall be subject to the requirements of current adopted building codes of the city.

   BUILDING ENVELOPE. The area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of this chapter.

   BUILDING HEIGHT. The vertical distance measured from the finished grade to:

      (1)   The highest point of the coping of a flat roof;

      (2)   The deck line of a mansard roof; or

      (3)   The average height between the eaves and the ridge for the highest gable, hip studio or gambrel roof; or

      (4)   Seventy-five percent of the height of an A-frame.

   Where a building is located on sloping terrain, the height shall be measured from the average finished ground level of the building wall (see Appendix B, Illustration 1, Building Height Requirements).

   BUILDING LINE. A line parallel to the front lot line at the minimum required front setback line (see Appendix B, Illustration 2, Building Line ).

   BUILDING OFFICIAL. The City Official(s) designated by the City Manager to administer and enforce the Building Codes of the city.

   BULX. The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and the amount of lot area required for each dwelling unit.

   CABARET. An establishment where live entertainment such as, but not limited to, comedy or theater, is provided, presented, permitted or performed, which performances are distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas as defined in this section, for observation by or participation of patrons therein. Also, an establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees.

   CEMETERY. Land used for the burial of the dead, including columbariums, crematories and mausoleums.

   CHILD CARE CENTER. A facility, other than a private residence, receiving one or more preschool or school-age children for care for periods of less than 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 which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility may also be described as a day care center, nursery school, parent cooperative preschool, play group, or drop-in center.

   CHURCH OR SYNAGOGUE. Any structure wherein persons regularly assemble for religious activity.

   CIGAR LOUNGE. Any establishment where patrons smoke cigars and which is operating under a cigar bar exemption from the state’s smoking prohibition enacted by Public Act No. 188 of 2009, as amended. This establishment shall not include any establishment licensed by the state for the consumption of marihuana in any form.

   CIRCULAR DRIVEWAYS. A vehicle access driveway for residential uses with two driveway approach access points on the same street or on two different streets in the case of corner lots.

   CITY. The City of Garden City, Wayne County, Michigan.

   CITY COUNCIL. The City Council of the City of Garden City, Wayne County, Michigan.

   CITY MANAGER. The City Manager of the City of Garden City, Wayne County, Michigan.

   CLINIC, MEDICAL. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery.

   CLINIC, VETERINARY. An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary clinic shall not include customary pens or cages for the overnight boarding of animals, nor such related facilities as laboratories, testing services, and offices.

   CLUB or FRATERNAL ORGANIZATION. An organization of persons for special purposes or for the promulgation of sports, arts, science, agriculture, literature, politics, or similar activities, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a CLUB in this chapter.

   COMMERCIAL USE. The use of property for retail sales or similar businesses where goods or services are sold or provided directly to the consumer. As used in this chapter, COMMERCIAL USE shall not include industrial, manufacturing, or wholesale businesses.

   COMMISSION. The Planning Commission of the city as organized under Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended.

   CONDOMINIUM. A system of separate ownership of individual units in multi-unit projects according to Public Act 59 of 1978, being M.C.L.A. §§ 559.101 - 559.272, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. For the purposes of this chapter, CONDOMINIUM terms shall be defined as follows.

      (1)   CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 - 559.272, as amended.

      (2)   CONDOMINIUM LOT. That portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in Appendix A, Schedule of Regulations.

      (3)   CONDOMINIUM SUBDIVISION PLAN. Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements and other information required by § 66 of Public Act 59 of 1978, being M.C.L.A. §§ 559.101 - 559.272, as amended.

      (4)   CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.

      (5)   CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.

      (6)   CONVERSION CONDOMINIUM. A condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.

      (7)   CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.

      (8)   COMMON ELEMENTS. Portions of the condominium project other than the condominium units.

      (9)   EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added, pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.

      (10)   GENERAL COMMON ELEMENTS. Common elements other than the limited common elements, intended for the common use of all co-owners.

      (11)   LIMITED COMMON ELEMENTS. Portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.

      (12)   MASTER DEED. The condominium document recording the condominium project, to which are attached as exhibits and incorporated by reference the by-laws for the project and the condominium subdivision plan.

      (13)   SITE CONDOMINIUM PROJECT. A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this chapter.

   CONGREGATE HOUSING. See HOUSING FOR THE ELDERLY as defined in this section.

   CONTRACTOR’S YARD. A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction. A contractor’s yard may include outdoor or indoor storage, or a combination of both.

   CONVALESCENT HOME. See NURSING SOME as defined in this section.

   CONVENIENCE STORE. A retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items, in contrast to a supermarket. Convenience stores are designed to attract a large volume of stop-and-go traffic.

   CO-OP or COOPERATIVE HOUSING. A multiple dwelling owned by a corporation which leases its units to stockholders on a proprietary lease arrangement.

   CURB CUT. The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.

   DECK. A platform, commonly constructed of wood, which is typically attached to a house, and which is typically used for outdoor leisure activities.

   DENSITY. The number of dwelling units per acre of land.

      (1)   GROSS DENSITY. The number of units per acre of total land being developed.

      (2)   NET DENSITY. The number of units per acre of land devoted to residential use.

   DETENTION BASIN. A man-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually, at a rate not greater than that prior to the development of the property, onto natural or man-made outlets.

   DEVELOPMENT. The construction of a new building, reconstruction of an existing building, or improvement of a structure on a parcel or lot, the relocation of an existing building to another lot, or the improvement of open land for a new use.

   DISTRIBUTION CENTER. A use which typically involves both warehouse and office/ administration functions, where short and/or long term storage takes place in connection with the distribution operations of a wholesale or retail supply business.

   DRIVE-IN. A business establishment so designed that its operation involves providing a service or a product to patrons while they are in their cars, rather than within a building or structure.

   DRIVE-THROUGH. A business establishment whose method of operation involves the delivery of a product or service directly to a customer inside a motor vehicle, typically through a window or other appurtenance to a building.

   DWELLING. Any building, or part thereof, containing sleeping, kitchen, and bathroom facilities designed for and occupied by one family. In no case shall a travel trailer, motor home, automobile, tent or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this chapter.

      (1)   DWELLING, ACCESSORY APARTMENT. A dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by persons related to the occupant of the principal residence by blood, marriage or legal adoption, or domestic servants or gratuitous guests. An accessory apartment commonly has its own kitchen, bath, living area, sleeping area, and usually a separate entrance. May also be referred to as an in-law apartment or granny flat.

      (2)   DWELLING, MANUFACTURED HOME. A structure, built in a factory to HUD Title 6 standards and transportable in one or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure as defined and regulated in the Mobile Home Commission Act, PA 96 of 1987, as amended. Recreational vehicles as described and regulated in this section shall not be considered MANUFACTURED HOME DWELLINGS for the purpose of this chapter.

      (3)   DWELLING, MODULAR.  A building or portion of a building designed and constructed for long-term residential use as a dwelling which is secured permanently to a foundation on land owned by the same owner of the modular dwelling and not located in a Manufactured Home Park. The modular dwelling shall also be characterized by all of the following.

         (a)   The structure is produced and substantially assembled in a factory in accordance with City of Garden City building code standards.

         (b)   The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities.

         (c)   The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

      (4)   DWELLING, MULTIPLE-FAMILY. A building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwellings units include those commonly known as apartments, which are defined as follows.

         (a)   APARTMENT. An attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached off of a common stair, landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats.

         (b)   EFFICIENCY UNIT or STUDIO APARTMENT. A type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.

      (5)   DWELLING, ONE-FAMILY OR SINGLE-FAMILY. An independent, detached residential dwelling designed for and used or held ready for use by one family only.

      (6)   DWELLING, SINGLE-FAMILY ATTACHED or TOWNHOUSE. An attached single- family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.

      (7)   DWELLING, SITE BUILT: A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site built dwelling units shall include dwelling units constructed of pre-cut materials and panelized wall, roof and floor section when such sections require substantial assembly and finishing on the premises which are intended to serve as its final location.

      (8)   DWELLING, TWO-FAMILY or DUPLEX. A detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each. Also known as a duplex dwelling.

      (9)   DWELLING UNIT. One or more rooms, along with bathroom and kitchen facilities, designed as a self-contained unit for occupancy by one family for living, cooking, and sleeping purposes.

   EARTH-SHELTERED HOME. A building constructed partially below the surrounding average finished grade that is designed to conserve energy and is intended to be used as a single-family dwelling.

   EASEMENT. A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures.

   EFFECTIVE DATE. The effective date of any amendments to this chapter if the amendments created a nonconforming situation.

   ENGINEER, CITY. The CITY ENGINEER is the person or firm authorized to advise the City Administration, City Council, and Planning Commission on drainage, grading, paving, storm water management and control, utilities, and other related site engineering and civil engineering issues. The CITY ENGINEER may be a consultant or an employee of the city.

   ENFORCEMENT OFFICIAL. The person or persons with the responsibility for enforcing and administering requirements of applicable sections of this chapter. The ENFORCEMENT OFFICIAL may be referred to as the Zoning Administrator, Building Official, or other appropriate party. Such titles do not refer to a specific individual, but generally to the office, department, or city official(s) most commonly associated with the administration of the regulation being referenced.

   ERECTED. Any physical change on a site, including construction, reconstruction, or alteration of buildings or structures thereon. Excavation, fill, drainage, and the like shall be considered part of erection.

   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public or quasi- public utilities or municipal departments or city-certified cable television companies or underground, surface or overhead gas, steam, electrical fuel or water systems for the purposes of transmission, distribution, collection, communication, supply, or disposal; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar equipment, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, and welfare of the public. Essential services shall not include storage yards, sales or business offices, or commercial buildings or activities, or wireless telecommunication facilities that are solely used for private commercial purposes.

   EXCAVATION. The removal or movement of soil, sand, stone, gravel, or fill dirt on or from any parcel except for common household gardening, farming, and general ground cars.

   EXEMPTION. An exclusion from the normal Zoning rules and regulations for the purposes of permitting particular uses or structures which are considered essential or appropriate in certain locations or under certain conditions. A variance is not required for uses or structures which are permitted because of an exception.

   FAMILY.

      (1)   One or more persons related by blood, marriage, or legal adoption, plus up to a total of three additional persons not so related, who are either domestic servants or gratuitous guests, occupying a single dwelling unit and living as a single nonprofit housekeeping unit.

      (2)   A collective number of individuals living together in one dwelling unit, whose relationship is of a continuing, non-transient, domestic character, and who are cooking and living as 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 duration of a school term or terms or other similar determinable period.

   FARM. A parcel of land containing at least ten acres, which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products, including necessary farm structures within the prescribed limits and the storage of related equipment used. A FARM shall exclude the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.

   FAMILY DAY CARE HOME. A private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, attended by other than a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family day care includes a home that gives care to an unrelated minor child for more than four weeks during the calendar year.

   FENCE. An artificially constructed barrier of wood, wire, metal, or any other material or combination of materials, used to prevent or control entrance, confine within, or mark a boundary.

   FILL or FILLING. The deposit or dumping of any matter onto or into the ground, except for common household gardening, farming, and general ground care.

   FLOOR AREA, GROSS. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

   FLOOR AREA, NET. See FLOOR AREA, USABLE RESIDENTIAL and FLOOR AREA USABLE NONRESIDENTIAL as defined in this section.

   FLOOR AREA, USABLE RESIDENTIAL. The gross floor area minus areas in basements, unfinished attics, attached garages, and enclosed or unenclosed porches.

   FLOOR AREA, USABLE NONRESIDENTIAL. Eighty percent of the gross floor area.

   FORTUNE TELLING AND SIMILAR USES. Telling fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, medium-ship, seer-ship, prophecy, augury, astrology, palmistry, necromancy, mind-reading telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.

   FOSTER CARE HOME. See STATE LICENSED RESIDENTIAL FACILITY as defined in this section.

   FOSTER CHILD. A child unrelated to a family by blood or adoption with whom he or she lives for the purposes of care and/or education.

   FRATERNAL ORGANIZATION. See CLUB as defined in this section.

   GARAGE, PRIVATE. An accessory building used for the parking or storage of motor vehicles owned and used solely by the occupants of the building to which it is accessory. Private garages shall not have public repair facilities. A private garage may be either attached to or detached from the principal structure.

   GARAGE, PUBLIC. See AUTOMOBILE REPAIR GARAGE as defined in this section.

   GAS STATION. See AUTOMOBILE FILLING STATION and AUTOMOBILE SERVICE STATION as defined in this section.

   GRADE. The ground elevation, established for the purpose of regulating the number of stories or height of a building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

   GREENBELT. See LANDSCAPING as defined in this section.

   GROUP DAY CARE HOME. A private home which more than six but no more than 12 minor children are given care and supervision for periods of less than 24 hours a 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 weeks during a calendar year.

   GROUP HOME. See STATE LICENSED RESIDENTIAL FACILITY as defined in this section.

   GYM or GYMNASIUM. A room or building equipped for gymnastics, exercise or sport.

   HAZARDOUS MATERIALS AND CHEMICALS. All highly flammable materials or products which may react to cause a fire or explosion hazard; or which because of their toxicity, flammability, or liability for explosion, render fire fighting abnormally dangerous or difficult. This also includes flammable liquids or gases which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous materials and chemicals shall include flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials, and poisonous gases that have a degree of hazard rating in the health, flammability or reactivity of 3 or 4 as ranked by NFPA 704 and as adopted by the city.

   HAZARDOUS USES. All uses which involve the storage, sale, manufacture, or processing of materials and/or chemicals which are defined as hazardous materials and chemicals in this chapter. These uses include, but are not limited to, all high hazard uses listed in the current adopted Building Code of the city.

   HEALTH OR EXERCISE CLUB. A building or portion of a building designed and equipped for the conduct of sports, physical exercise, organized classes, martial arts, personal training, or other customary and usual recreational activities that occur in an entirely enclosed building. Such uses are operated for profit or not-for-profit, and which can be open only to bona fide members and guests of the organization or open to the public for a fee. Such uses may also include saunas, locker rooms, showers, or personal services. Such uses shall not include court sports facilities with spectator seating for organized sporting events or activities that utilize firearms such as a gun range.

   HIGHWAY. See STREET as defined in this section.

   HOME OCCUPATION. An occupation or profession conducted entirely within a dwelling by the inhabitant thereof, where the use is clearly incidental to the principal use of the dwelling as a residence.

   HOOKAH CLUB. Any establishment where patrons share shisha, tobacco or another legal inhalant from a hookah, water pipe or similar device, which is either shared communally or from one placed at each table or bar, and which is operating under a tobacco specialty retail store exemption from the state's smoking prohibition enacted by Public Act No. 188 of 2009, as amended. This establishment shall not include any establishment licensed by the state for the consumption marihuana in any form.

   HOSPITAL. An institution which is 1icensed by the Michigan Department of Health to provide in- patient and out-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.

   HOSPITAL, VETERINARY. An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of sick or injured animals, including those in need of medical or surgical attention. A veterinary hospital may include pens or cages for the overnight boarding of animals and such related facilities as laboratories, testing services, and offices.

   HOTEL. A building occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of one bedroom and a bath, occupied for hire, and which typically provides hotel services such as maid service, the furnishing and laundering of linens, telephone and secretarial or desk service, the use of furniture, a dining room and general kitchen, and meeting rooms.

   HOUSING FOR THE ELDERLY. A facility other than a hospital, hotel, or nursing home, which provides room and board to non-transient persons primarily 60 years of age or older. Housing for the elderly may include the following.

      (1)   CONGREGATE HOUSING. A type of semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

      (2)   DEPENDENT HOUSING FACILITIES. Facilities such as nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

      (3)   ELDERLY HOUSING COMPLEX. A building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older or couples in which either the husband or wife is 70 years of age or older.

      (4)   SENIOR APARTMENTS. Multiple-family dwelling units occupied by persons 55 years of age or older.

   ICE CREAM PARLOR. A retail establishment whose business is limited to the sale of ice cream, frozen desserts, dessert items, candies and confections, and beverages in a ready-to-eat state. Businesses serving hot dogs, hamburgers, salads, pizza, hot or cold sandwiches, or similar entree items are not considered ICE CREAM PARLORS for the purposes of this chapter.

   IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Types of materials include asphalt, concrete, gravel and any other surface with a water infiltration rate of 0.01 inches per hour or less.

   INDUSTRY, HEAVY. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials or products, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

   INDUSTRY, LIGHT. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of the products, but excluding basic industrial processing.

   INGRESS AND EGRESS. Generally used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.

   JUNK. Any motor vehicles, machinery, appliances, products or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.

   JUNKYARD or SALVAGE YARD. An area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to junk, scrap iron, metals, paper, rags, tires, bottles and automobiles.

   KENNEL. Any lot or premises an which three or more dogs, cats, or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection, or pets, subject to the regulations set forth herein regulating private and commercial kennels.

   LANDFILL. A tract of land that is used to collect and dispose of solid waste as defined and regulated in Public Act 641 of 1979, as amended.

   LANDSCAPING. The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative, man-made materials, such as wood chips, crushed stone, boulders, or mulch. Structural features, such as fountains, pools, statues, and beaches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping-related terms are defined as follows.

      (1)   BERM. A continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this chapter.

      (2)   GRASS. Any of a family of plants with narrow leaves normally grown as permanent lawns in Wayne County.

      (3)   GREENBELT. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this chapter.

      (4)   GROUND COVER. Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.

      (5)   HEDGE. A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence.

      (6)   HYDRO-SEEDING. A method of planting grass in which a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground.

      (7)   INTERIOR PARKING LOT LANDSCAPING. A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

      (8)   MULCH. A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, or aid plant growth.

      (9)   NURSE GRASS. Any of a variety of rapidly-growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.

      (10)   SCREEN or SCREENING. A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of non-living material, the material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.

      (11)   SHRUB. A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than 15 feet in height.

      (12)   SOD. An area of grass-covered surface soil held together by matted roots.

      (13)   TREE. A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of 15 feet or more.

         (a)   DECIDUOUS TREE. A variety of tree that has foliage that is shed at the end of the growing season.

         (b)   EVERGREEN TREE. A variety of tree that has foliage that persists and remains green throughout the year.

      (14)   ORNAMENTAL TREE. A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of 25 feet or less.

      (15)   SHADE TREE. For the purposes of this chapter, a SHADE TREE is a deciduous tree which has a mature crown spread of 15 feet or greater, and has a trunk with at least five feet of clear stem at maturity.

      (16)   VINE. A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.

   LIGHTING, ROPE. Lighting that is primarily used as a decorative lighting fixture, featuring small light bulbs linked together and encased in a clear, flexible material to create a rope.

   LIGHTING, STRING. A series of lights located along a coated wire (e.g., holiday lights).

   LIGHTING, TUBE. A gas-filled tubing which, when subjected to an electric current, becomes luminescent in a color characteristic of the particular gas used (e.g., neon, argon, xenon, and similar gases). The tube is commonly bent into various forms for use as decoration and/or signage. Common fluorescent light bulbs are not considered tube lighting.

   LOADING SPACE. A space which is safely and conveniently located on the same lot as the building or buildings being served, for the temporary parking of delivery vehicles while loading and unloading merchandise and materials.

   LOT or ZONING LOT. For the purposes of enforcing this chapter, a lot is defined as a piece of land under single ownership or control that is at least sufficient in size to meet the minimum requirements for use, coverage, area, setbacks, access, and open space as required herein. Single ownership may include ownership by an individual, a corporation, a partnership, an incorporated association, joint tenancy, or any similar entity. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. A lot may consist of the following.

      (1)   A single lot of record.

      (2)   A portion of a lot of record.

      (3)   A combination of complete lots of record, or portion thereof.

      (4)   A condominium lot.

      (5)   A piece of land described by metes and bounds.

   LOT AREA, GROSS. The net lot area plus one-half of the area of any public right-of-way area or private road easement immediately adjacent to or abutting the let.

   LOT AREA, NET. The total horizontal area within the lot lines of the lot, exclusive of any abutting public street right-of-way or private road easements, or the area of any lake. The NET LOT AREA shall be used in determining compliance with minimum lot area standards.

   LOT, CONTIGUOUS. Lots adjoining each other.

   LOT, CORNER. A lot abutting on and at the intersection of two or more streets. For the purposes of this definition, the street lot line shall be the line separating the lot from the street or road right-of- way.

   LOT COVERAGE. The part or percentage of the lot that is occupied by buildings, structures and impervious surfaces.

   LOT DEPTHS. The horizontal distance between the front street line and rear lot line, measured along the median between the side lot lines.

   LOT, DOUBLE FRONTAGE or THROUGH LOT. A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street shall be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.

   LOT, FLAG. A lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.

   LOT, INTERIOR. Any lot other than a corner lot with only one lot line fronting on a street.

   LOT LINES. The lines bounding a lot are as follows.

      (1)   FRONT LOT LINE. In the case of a lot not located on a corner, the line separating the lot from the public or private road right of way. In the case of a corner lot or double frontage lot, the FRONT LOT LINE shall be that line that separates the lot from the right-of-way for the road which is designated as the front on the plat, or which is designated as the front on the site plan review application or request for a building permit, subject to approval by the Planning Commission or Zoning Administrator. On a flag lot, the front lot line shall be the interior lot line most parallel to and nearest the street from which access is obtained.

      (2)   REAR LOT LINE. Ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of irregular, triangular, wedge-shaped, or lots that are pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet in length, lying farthest from the front lot line and wholly within the lot. In cases in which the rear lot line definition can not be easily applied, the Zoning Administrator shall designate the rear lot line.

      (3)   SIDE LOT LINE. Any lot line other than the front or rear lot lines. A SIDE LOT LINE separating a lot from a road right-of-way is a SIDE STREET LOT LINE. A SIDE LOT LINE separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE. In cases in which the side lot line definition cannot be easily applied, the Zoning Administrator shall designate the SIDE LOT LINE(S).

   LOT OF RECORD. A parcel of land, the dimensions and configuration of which are shown on a subdivision plat recorded in the offices of the County Register of Deeds, or accepted by the County Department of Equalization, or a lot or parcel described by metes and bounds, and accuracy of which is attested to by a land surveyor registered and licensed in the State of Michigan, and likewise recorded with the County Register of Deeds. A LOT OF RECORD may also be identified by attachment to a sidwell or tax parcel identification number.

   LOT WIDTH. The straight line distance between the side lot lines, measured at the two points where the minimum front yard setback line intersects the side lot lines (see Appendix B, Illustration 4, Lot Width and Setback). At no time shall the measured lot width at the street line be less than half of the required lot width.

   MAIN ACCESS DRIVE. Any private street designed to provide access from a pubic street or road to a mobile home park, apartment or condominium complex, or other private property development.

   MANUFACTURED HOME. See DWELLING, MANUFACTURED HOME, as defined in this section.

   MANUFACTURED HOME LOT. An area within a manufactured home park which is designated for the exclusive use of a specific manufactured home.

   MANUFACTURED HOME PARK. A parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual non-recreational basis, and which is offered to the public for that purpose, regardless of whether a charge is made thereof, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home, subject to conditions set forth in the Manufactured Home Commission rules and Public Act 419 of 1976, being M.C.L.A. Sec. 125.2301 et seq., as amended.

   MARGINAL ACCESS ROAD. See SECONDARY ACCESS DRIVE as defined in this section.

   MASSAGE ESTABLISHMENT or UNLICENSED MASSAGE PARLOR. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by any unlicensed individual using mechanical, therapeutic, or bathing devices or techniques. A MASSAGE ESTABLISHMENT may include, but is not limited to, establishments commonly known as massage parlors, sauna baths, turkish bathhouses, and steam baths. MASSAGE ESTABLISHMENTS, as defined herein, shall not include properly licensed hospitals, medical clinics or nursing homes, therapeutic massage facilities, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or the shoulders.

   MASSAGE THERAPIST. An individual specifically trained and licensed pursuant to Public Act 471 of 2008, as amended.

      (1)   THERAPEUTIC MASSAGE. A method by which a person utilizes his or her hands, feet or an instrument for treating the superficial parts of a customer's body for medical, hygienic, relaxation or therapeutic purposes by rubbing, stroking, kneading, tapping, pounding or vibrating.

   MASTER PLAN. A document which is prepared under the guidance of the City Planning Commission and consists of graphic and written materials which indicate the general location for streets, parks, schools public buildings and all physical development of the city. Specifically, it refers to the MASTER PLAN adopted by the Planning Commission in September, 1980, as amended.

   MEDICAL MARIJUANA CLINIC AND/OR COUNSELING CENTER. A facility for the assessment and certification of clients under a physician's care, to obtain a medical marijuana qualified user card in accordance with the State of Michigan Initiated Law 1 of 2008, being M.C.L.A. §§ 333.26423 et seq., legislation adopted pursuant thereto, and subsequent amendments. Product, including seeds and plants, not to be dispensed, kept, or stored on the premises.

   MEDICAL MARIJUANA FACILITY. Any site, facility, location, use, cooperative or business, including vending machines at or from which marijuana, as that term is defined in the Medical Marijuana Facilities Licensing Act, Public Act 281 of 2016 (M.C.L.A. 333.27101 et seq.) is distributed, compensated, exchanged, processed, delivered, given away, or cultivated, including by any primary caregiver who has been issued and possesses a registry identification card also as provided in Initiated Law 1 of 2008 (M.C.L.A. 333.26423 et seq.) for a qualifying patient who has been issued and possesses a registry identification card as provided in Initiated Law 1 of 2008, or any of the following facilities:

      (1)   MEDICAL MARIJUANA GROW OPERATION. A commercial facility licensed under Public Act 281 of 2016 that cultivates, dries, trims, or cures marijuana for sale to a processor or provisioning center. A medical marijuana grow operation shall be further classified as a Class A, Class B, or Class C grow facility. Class A grow operations are defined as facilities that grow up to 500 marijuana plants, Class B grow operations are defined as facilities that grow up to 1,000 marijuana plants, and Class C grow operations are defined as facilities that grow up to 1,500 marijuana plants.

      (2)   MEDICAL MARIJUANA PROCESSING FACILITY. A commercial facility licensed under Public Act 281 of 2016 that purchases marijuana from a licensed grow operation and extracts resin from the marijuana or creates a marijuana-infused product for sale and transfer in packaged form to a provisioning center.

      (3)   MEDICAL MARIJUANA SAFETY COMPLIANCE FACILITY. A commercial facility licensed under Public Act 281 of 2016 that receives marijuana from a licensed grow operation, licensed processing facility, or licensed caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.

      (4)   MEDICAL MARIJUANA SECURE TRANSPORTER. A commercial facility licensed under Public Act 281 of 2016 that stores marijuana and transports marijuana between marijuana facilities for a fee.

      (5)   MEDICAL MARIJUANA PROVISIONING CENTER. A commercial facility licensed under Public Act 281 of 2016 that purchases marijuana from a licensed grower or processor and sells, supplies, or provides marijuana to registered qualifying patients, directly, or through the patients' registered primary caregivers. The term "provisioning center" shall include any commercial property where marijuana 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 marijuana registration process in accordance with the Michigan Medical Marijuana Act is not a provisioning center for purposes of this chapter.

   MEDICAL MARIJUANA GROWING CENTERS. Any site, facility, location, use, cooperative or business, including vending machines at or from which marijuana, as that term is defined in Initiated Law 1 of 2008 (M.C.L.A. 333.26423 et seq.) is distributed, compensated, exchanged, processed, delivered, given away, or cultivated to or for an individual that is a qualifying patient who has been issued and possesses a registry identification card as provided in Initiated Law 1 of 2008 or a primary caregiver who has been issued and possesses a registry identification card also as provided in Initiated Law 1 of 2008.

   MINI-WAREHOUSE. A building or group of buildings, each of which contains several individual storage units, each with a separate door and lock, and which can be leased on an individual basis. MINI- WAREHOUSES are typically contained within a fenced, controlled-access compound.

   MORTUARY or FUNERAL HOME. An establishment where the dead are prepared for burial or cremation, and where wakes or funerals may be hold.

   MOTEL. A building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and which provides customary motel services such as maid service, linen service, telephone and/or desk service, and the use of furniture. MOTELS typically provide exterior entrances and on-site parking for each unit. A MOTEL may also include conference room or banquet facilities, an attached dining room, and/or an unattached standard restaurant.

   NATURAL FEATURES. Soils, wetlands, floodplain, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations.

   NONCONFORMING BUILDING. A building or portion thereof which was lawfully in existence at the effective date of this chapter, or amendments thereto, that does not meet the limitations on building size, location on a lot, or other regulations for the district in which the building is located.

   NONCONFORMING LOT. A lot which was lawfully in existence at the effective date of this chapter, or amendments thereto, that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located.

   NONCONFORMING SIGN.  A sign which was lawfully in existence on the effective date of this chapter, or amendments thereto, that does not conform to one or more regulations set forth in this chapter.

   NONCONFORMING USE. A use which was lawfully in existence at the effective date of this chapter, or amendment thereto, and which does not now conform to the use regulations of this chapter for the zoning district in which it is now located.

   NONCONFORMITY. Any structure, lot, or use of any structure, lot, or land, which does not conform at the time of adoption of this chapter or any amendment thereto, to the regulations for the district in which it is located.

   NUISANCE. Any offensive, annoying, or disturbing practice or object which prevents the free use of one's property, or which renders its ordinary use or physical occupation uncomfortable. NUISANCE commonly involves continuous or recurrent acts which give offense to the senses, violate the laws of decency, obstruct reasonable and comfortable use of property, or endangers life and health.

   NURSERY, DAY NURSERY, or NURSERY SCHOOL. See CHILD CARE CENTER as defined in this section.

   NURSERY, PLANT MATERIAL. A space, building, and/or structure, or combination thereof, where live trees, shrubs, and other plants used for gardening and landscaping are propagated, stored, and/or offered for sale on the premises.

   NURSING HOME, CONVALESCENT HOME or REST HOME. A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Public Act 139 of 1956, as amended.

   OCCUPANCY, CHANGE OF. A discontinuance of an existing use or tenant and the substitution of a use of a different kind or class, or the expansion of a use.

   OCCUPIED. Used in any way at the time in question.

   OFFICE. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

   OPEN AIR BUSINESS. Any business that is conducted primarily out-of-doors. Unless otherwise specified herein, OPEN AIR BUSINESS shall include the following.

      (1)   Retail sales of garden supplies and equipment, including but not limited to trees, shrubbery, plants, flowers, seed, topsoil, trellises, and lawn furniture.

      (2)   Roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.

      (3)   Various outdoor recreation uses, including but not limited to tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving ranges, and amusement parks.

      (4)   Outdoor display and sale of garages, swimming pools, playground equipment, and similar uses.

   OPEN SPACE. That part of a zoning lot, including courts and/or yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.

   OUTDOOR DISPLAY. The keeping in an unenclosed area, outside the principal building or structure, of any goods, material, merchandise, automobiles, and/or vehicles.

   OUTDOOR STORAGE. The keeping, in an unenclosed area, of any goods, material, merchandise or vehicles (excluding permitted new or used car establishments) in the same place for more than 24 hours. All storage must be directly related to principal use of the business and shall not pose a threat to public health and safety.

   OUTLOT. A parcel of land which is designated as an OUTLOT on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.

   PARCEL. A continuous area, tract or acreage of land that has not been divided or subdivided according to the provisions of the Subdivision Control Act and has frontage on a public street.

   PARKING LOT, OFF-STREET. An area within a lot or parcel which provides vehicular parking spaces along with adequate space for maneuvering, to provide safe and convenient access for entrance and exit of more than three vehicles.

   PARKING SPACE. An area of definite length and width as designated in this chapter for parking an automobile or other permitted vehicle, and which is fully accessible for such purposes.

   PERFORMANCE GUARANTEE. A financial guarantee to ensure that specific improvements, facilities, or work required by this chapter shall be completed in compliance with the ordinance, regulations and approved plans and specifications of the development.

   PERSON. An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization or any other legal entity serving as a unit.

   PERVIOUS SURFACE. A surface that permits full or partial absorption of storm water with a water infiltration rate greater than 0.01 inches per hour.

   PET. A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship.

   PLANNED DEVELOPMENT. A planning or construction project involving the use of special zoning requirements and review procedures which are intended to provide design and regulatory flexibility, so as to encourage innovation in land use planning and design, and thereby achieve a higher quality of development than might otherwise be possible.

   PLANNER, CITY. The person or firm designated by the City Council and Planning Commission to advise the City Council, City Manager, City Planning Commission, and city staff on planning,

zoning, land use, housing, and other related planning and development issues. The CITY PLANNER may be a consultant or an employee of the city.

   PLANNING COMMISSION. The Planning Commission as organized under Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended.

   POOL OR BILLIARD HALL. An establishment wherein the substantial or significant portion of all usable floor area is devoted to the use of pool or billiard tables.

   PRE-RELEASE ADJUSTMENT CENTER. An establishment which provides shelter, supervisory and social services to convicts in a pre-release parole preparation program, as authorized by the State Corrections commission or the Federal Bureau of Prisons.

   PRIVATE STREET or ROAD. See ROAD as defined in this section.

   PROPERTY LINE. The line separating a piece of property from the street right-of-way, and the lines separating a parcel of property from the parcels next to it.

   PUBLIC LODGING HOUSE. A commercial establishment or place in which five or more members of the public, whether travelers or not, are charged for or are provided sleeping quarters in the form of cots or beds in the same room.

   PUBLIC SAFETY OFFICIAL. Refers generally to the departments or persons who perform police, fire fighting, and other public safety functions for the city.

   PUBLIC UTILITY. Any persons, firm, corporation, municipal department or board duly authorized to furnish to the public, under government regulations, electricity, gas, steam, communications services, cable television services, transportation services, water, sewer service, or sewage treatment.

      RECREATION FACILITY. An establishment which provides courts, fields, tracks, lanes, alleys, pools or other specialized sport facilities, and which may include spectator seating in conjunction with the sports facilities. Such uses shall not include activities that utilize firearms such as a gun range.

      (1)   INDOOR RECREATION FACILITY. Any RECREATION FACILITY where all sports facilities are completely enclosed within a building or structure.

      (2)   OUTDOOR RECREATION FACILITY. Any RECREATION FACILITY where all or a portion of the sports facilities are not completely enclosed within a building or structure.

      (3)   PRIVATE RECREATION FACILITY. Any RECREATION FACILITY owned and/or operated by a non-government entity affiliated private individual, business, club or organization as a for-profit or non-profit facility.

      (4)   PUBLIC RECREATION FACILITY. Any RECREATION FACILITY owned and/or operated by a government entity.

   RECREATIONAL LAND. Any public or privately owned lot or land that is utilized for recreation. activities such as, but not limited to, sports fields, camping, swimming, picnicking, hiking, and nature trails.

   RECREATIONAL VEHICLES. Shall include the following.

      (1)   BOAT and BOAT TRAILER. Shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

      (2)   FOLDING TENT TRAILER. A folding structure, mounted on wheels and designed for travel and vacation use.

      (3)   MOTOR HOME. A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. MOTOR HOMES generally contain sanitary, water, and electrical facilities.

      (4)   PICKUP CAMPER. A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

      (5)   TRAVEL TRAILER. A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a TRAVEL TRAILER by the manufacturer. TRAVEL TRAILERS generally include self-contained sanitary, water, and electrical facilities.

      (6)   OTHER RECREATIONAL EQUIPMENT. Includes snowmobiles, jet skis, all-terrain or special terrain vehicles, plus the normal equipment used to transport them on the highway.

   RECOGNIZABLE AND SUBSTANTIAL BENEFIT. A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include long-term protection or preservation of natural resources and natural features, historical features, or architectural features; or elimination of or reduction in the degree of nonconformity in a nonconforming use or structure.

   RECYCLING CENTER. A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products.

   RECYCLING COLLECTION STATION. A facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.

   RESTAURANT. Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a fast-food restaurant, a standard restaurant, a bar/lounge, or combination thereof, defined as follows. When characteristics of two or more restaurant types are contained within a single business establishment, the requirements for each type of restaurant must be satisfied proportionate to the amount of floor area used by each type of restaurant within the establishment.

      (1)   BAR or TAVERN. A type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a BAR, LOUNGE or TAVERN is part of a large dining facility, it shall be defined as that part of the structure so designated or operated.

      (2)   RESTAURANT, FAST-FOOD. A fast-food establishment whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line, or in the customer’s motor vehicle for consumption at the counter where it is served, or at tables, booths, or stands inside the structure or out, or for consumption off the premises, but not in a motor vehicle at the site. Carry-out, drive-in, drive-through and delivery restaurants are different types of FAST-FOOD RESTAURANTS.

         (a)   RESTAURANT, CARRY-OUT. A fast-food restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption off the premises.

         (b)   RESTAURANT, DELIVERY. A fast-food restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption off the premises. No drive-in, drive-through, counter or other customer accessible service area is available on the DELIVERY RESTAURANT site. Food is delivered to customers after the customer telephonically transmits an order; customers do not visit the DELIVERY RESTAURANT site to obtain food.

         (c)   RESTAURANT, DRIVE-IN. A fast-food restaurant whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.

         (d)   RESTAURANT, DRIVE-THROUGH. A fast-food restaurant whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises.

      (3)   RESTAURANT, STANDARD. A business establishment whose method of operation involves one of the following.

         (a)   The delivery of prepared food by waiters or waitresses to customers seated at tables within a completely enclosed building.

         (b)   The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

         (c)   Carry-out orders may also be filled by a standard restaurant provided that additional parking facilities are provided for the carry-out facilities consistent with the requirements for carry-out restaurants.

   RETENTION BASIN. A pond, pool or basin used for the permanent storage of storm water runoff.

   RIGHT-OF-WAY. The strip of land over which an easement exists to allow facilities such as streets, roads, highways, and power lines to be built.

   ROAD. Any public or private thoroughfare or right-of-way other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel whether designated as a road, avenue, highway, boulevard, drive lane, place, court, or any similar designation. Various types of roads are defined as follows.

      (1)   ARTERIAL ROAD. A road which carries high volumes of traffic and serves as an avenue for circulation of traffic into, out of, or around the city. An arterial road may also be a major thoroughfare.

      (2)   COLLECTOR STREET. A road whose principal function is to carry traffic between minor and local roads and arterial roads, but may also provide direct access to abutting properties.

      (3)   CUL-DE-SAC. A road that terminates in a vehicular turn-around.

      (4)   LOCAL STREET. A road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads.

      (5)   MAJOR THOROUGHFARE. An arterial road which is intended to service a large volume of traffic for both the immediate area and the region beyond, and may be designated as a thoroughfare, parkway, freeway, expressway or equivalent term to identify those roads comprising the basic structure of the roads plan. Any road with an existing or proposed right-of-way width of 120 feet, and any road proposed as a major thoroughfare in the Master Plan, shall be considered a major thoroughfare.

      (6)   MINOR ROAD. A road whose sole function is to provide access to abutting properties.

      (7)   PRIVATE ROAD. Any road which is to be privately maintained and has not been accepted for maintenance by the city, county, state or the federal government, but which meets the requirements of this chapter or has been approved as a private road by the city under any prior ordinance.

      (8)   PUBLIC ROAD. Any road or portion of a road which has been dedicated to and accepted for maintenance by the city, county, state or the federal government.

   ROOM. For the purpose of determining lot area requirements and density in a multiple-family district, a ROOM is a living room, dining room or bedroom, equal to at least 80 square feet in area. A ROOM shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one, two or three-bedroom units and including a “den,” “library,” or other extra room shall count the extra room as a bedroom for the purpose of computing density.

   ROOMING HOUSE. See BOARDING HOUSE as defined in this section.

   ROPE LIGHTING. See LIGHTING, ROPE.

   SCREENING. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the floor area of the story in which the level or levels are located.

   SECONDARY ACCESS DRIVE. Any private road that is generally parallel to and adjacent to an arterial road, 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 arterial road, and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.

   SECONDHAND STORE. Any building, structure, premises, or part thereof used solely or partially for the sale of used or secondhand clothing, furniture, books or household goods, or used solely or primarily for the sale of used or secondhand household appliances or business equipment.

   SEMI-TRAILER. A trailer which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.

   SERVICE TRUCK. A pick-up truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.

   SETBACK. The distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure on the lot. The MINIMUM REQUIRED SETBACK is the minimum distance between a front, side or rear lot line or setback measurement line and the nearest supporting member of a structure in order to conform to the required yard setback provisions of this chapter.

   SETBACK MEASUREMENT LINE. A line drawn parallel to the centerline of the road on the Zoning Map from which the front setback shall be measured.

   SHOPPING CENTER. A grouping of retail businesses and service uses on a single site with common parking facilities.

   SIGN. Any device, structure, fixture, or placard which uses figures, graphic designs, logos or trademarks for the purpose of informing or attracting the attention of persons. Unless otherwise indicated, the definition of SIGN includes interior and exterior SIGNS which are visible from any public street, sidewalk, alley, park, or public or public property, but not SIGNS which are primarily directed at persons within the premises upon which the SIGN is located. Various types of SIGNS and sign-related terms are defined and regulated by Chapter 153 of this Code.

   SITE PLAN. A plan, prepared to scale, as required in this chapter, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

   SMOKE SHOP. A retail establishment where 50% or more of the retail floor area, defined as wall to wall, is used for the display, promotion, or sale of the inhalants and inhalant-related products listed below; or a retail establishment where the sale of inhalants and inhalant-related products listed below constitutes greater than 50% of the establishment’s merchandise:

      (1)   Cigarettes, cigars and packaged tobacco or shisha;

      (2)   Tobacco or shisha for smoking paraphernalia products including, but not limited to, pipes for smoking tobacco, cigarette holders and cigarette rolling papers;

      (3)   Tobacco promotional merchandise. including, but not limited to, posters, shirts, jackets, and hats advertising tobacco or shisha products;

      (4)   Vapor containing nicotine and/or flavoring and vape-related products, including, but not limited to, electronic cigarettes, vape pens and vape cartridges; and

      (5)   Shisha that may or may not contain tobacco and/or flavoring and shisha-related products, including, but not limited to, hookahs, water pipes, or any instrument for heating or vaporizing and then smoking shisha.

   SPECIAL EVENT. An occurrence or noteworthy happening of seasonal, civic or religious importance, which is organized and sponsored by a nonprofit community group, club or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. SPECIAL EVENTS typically run for a short period of time (less than two weeks), and are unlike the customary or usual activities generally associated with the property where the SPECIAL EVENT is to be located.

   SPECIAL LAND USE. Uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a use permitted by right in a particular zoning district or districts. Special land uses include regulated land uses. After due consideration of the impact of such proposed use upon the neighboring land and of the public need for the particular use at the proposed location, special land uses may be permitted following review and approval, subject to the terms of this chapter.

   SPECIALLY DESIGNATED DISTRIBUTOR’S ESTABLISHMENT. A retail establishment of less than 25,000 gross square feet of usable retail space, or any retail establishment where more than 10% of the distribution space is utilized for the distribution of alcoholic liquor, licensed by the State Liquor Control Commission to distribute alcoholic liquor, or other than beer and wine under 20% by volume, in the original package for consumption off the premises.

   SPECIALLY DESIGNATED MERCHANT’S ESTABLISHMENTS. Retail establishments of less than 15,000 gross square feet of usable retail space, or any retail establishment where more than 10% of the usable retail space is utilized for the distribution of alcoholic liquor, licensed by the State Liquor Control Commission, to sell beer and wine for consumption off the premises

   SPECIFIED ANATOMICAL AREAS. Portions of the human body defined as follows.

      (1)   Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola.

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

   SPECIFIED SEXUAL ACTIVITIES. The explicit display of one or more of the following.

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

      (2)   Acts of human masturbation, sexual intercourse, or sodomy.

      (3)   Fondling or other erotic touching of the genitals, pubic region, buttocks, or female breast.

   STATE LICENSED RESIDENTIAL FACILITY. Any structure constructed for residential purposes, that is licensed by the state pursuant to Public Act 287 of 1972, Public Act 11 of 1973, or Public Act 218 of 1979. These acts provide for the following types of residential structures.

      (1)   ADULT FOSTER CARE FACILITY. A residential structure that is licensed to provide room, board and supervised cars, but not continuous nursing care, for unrelated adults over the age of 17, in accordance with Public Act 228 of 1979, as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Social Services. The following four types of Adult Foster Care Homes are provided for by these rules.

         (a)   ADULT FOSTER CARE LARGE GROUP HOME. Residence for 13 to 20 adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.

         (b)   ADULT FOSTER CARE SMALL GROUP HOME. Residence for 12 or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the home.

         (c)   CONGREGATE FACILITY. Residence for more than 20 adults.

         (d)   FAMILY HOME. Private residence for six or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.

      (2)   FOSTER FAMILY GROUP HOME. A private residence that houses more than four but less than seven minor children, up to age 19, under constant care and supervision. Under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, a Foster Family Group Home requires local zoning approval before being licensed by the Department of Social Services.

      (3)   FOSTER FAMILY HOME. A private residence that houses four or fewer foster children, up to age 19, under constant child care and supervision. Under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 - 722.128, a Foster Family Home does not require local zoning approval before being licensed by the Department of Social Services.

   STORY. That portion of a building, other than a basement or mezzanine as defined in this section, included between the upper surface of any floor and the upper surface of the floor or roof next above it (see Appendix B, Illustration 5, Basic Structural Terms, and Illustration 6, Basement and Story).

      (1)   A mezzanine shall be deemed a full story when it covers more than one-third of the area of the story underneath, or, if the vertical distance from the floor next below the mezzanine to the floor above it is 24 feet or more.

      (2)   A basement shall be deemed a full story when the vertical distance from the average grade to the floor below is less than the vertical distance from the average grade to the ceiling.

      (3)   In an earth sheltered home, any separate level below ground shall be considered a full story.

   STORY, HALF. The uppermost story lying under a pitched roof, the usable floor area of which does not exceed two-thirds of the floor area of the uppermost full story. The usable floor area of a half story shall be at least 200 square feet with a minimum clear height of seven feet, six inches.

   STREET. See ROAD as defined in this section.

   STREET LOT LINE. A dividing line between the street and a lot, also known as the right-of-way line.

   STRING LIGHTING. See LIGHTING, STRING.

   STRUCTURAL ADDITION. Any alteration that changes the location of the exterior walls or area of a building.

   STRUCTURAL NONCONFORMITY. A nonconformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the district in which the property is located. Also sometimes referred to as a DIMENSIONAL NONCONFORMITY.

   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground and extending at least nine inches above the ground surface. Structures include, but are not limited to principal and accessory buildings, towers, decks, fences/privacy screens, walls, antennas, swimming pools, and signs.

   SUBDIVISION PLAT. The division of a tract of land for the purpose of sale or building development, in accordance with the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended, and the City Subdivision Control Regulations.

   SUBSTANCE ABUSE TREATMENT FACILITY. Any establishment used for the dispensing, on an in-patient or out-patient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems. A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a SUBSTANCE ABUSE TREATMENT FACILITY.

   SWIMMING POOL. Any permanent, non-portable structure or container, located either partially or totally below grade, designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. A SWIMMING POOL shall be considered an accessory structure for purposes of computing lot coverage,

   TATTOO PARLOR. Any business having as its principal activity the application or placing, by any method, permanent or semi-permanent, designs, letters, scrolls, figures, symbols, or any other marks upon or under the human skin within, or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

   TEMPORARY USE OR BUILDING. A use or building permitted to exist for a limited period of time under conditions and procedures as provided for in this chapter.

   THEATER. An enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.

   THERAPEUTIC MASSAGE. A method by which a person utilizes his or her hands, feet or an instrument for treating the superficial parts of a customer’s body for medical, hygienic, relaxation or therapeutic purposes by rubbing, stroking, kneading, tapping, pounding or vibrating.

   THERAPEUTIC MASSAGE FACILITY or PHYSICAL THERAPY FACILITY. A place where a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician’s directions; a registered physical or occupational therapist or speech pathologist who treat patients referred by a licensed physician and operate only under the physician’s direction; or a massage therapist licensed pursuant to Public Act 471 of 2008, as amended, utilize their hands, feet or an instrument for treating the superficial parts of a customer’s body for medical, hygienic, relaxation or therapeutic purposes by rubbing, stroking, kneading, tapping, pounding or vibrating.

   THOROUGHFARES, MAJOR. See ROAD as defined in this section.

   TOXIC OR HAZARDOUS WASTE. Waste or a combination of waste and other discarded material (including but not limited to solid, liquid, semisolid, or contained gaseous material) which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed.

      (1)   An increase in mortality.

      (2)   An increase in serious irreversible illness.

      (3)   Serious incapacitating, but reversible illness.

      (4)   Substantial present or potential hazard to human health or the environment.

   TRANSITION ZONE. Generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts.

   TRUCK TERMINAL. A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution or to be amalgamated or divided for delivery in larger or smaller units to other points, or for distribution, amalgamation, or division involving transfer to other modes of transportation.

   TUBE LIGHTING. See LIGHTING, TUBE.

   UNLICENSED MASSAGE PARLOR or MASSAGE ESTABLISHMENT. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by any unlicensed individual using mechanical, therapeutic, or bathing devices or techniques. A MASSAGE ESTABLISHMENT may include, but is not limited to, establishments commonly known as massage parlors, sauna baths, turkish bathhouses, and steam baths. MASSAGE ESTABLISHMENTS, as defined herein, shall not include properly licensed hospitals, medical clinics or nursing homes, therapeutic massage facilities, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck or the shoulders.

   UNDERLYING ZONING. The zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel Planned Development.

   USE. The purpose for which land, lots, or buildings thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

      (1)   USE, ACCESSORY. See ACCESSORY USE, BUILDING, OR STRUCTURE as defined in this section.

      (2)   USE, CONDITIONAL. See CONDITIONAL USE as defined in this section.

      (3)   USE, NONCONFORMING. See NONCONFORMITY as defined in this section.

      (4)   USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of that district.

      (5)   USE, PRINCIPAL. The main use of land and buildings and the main purpose for which land and buildings exist.

      (6)   USE, SPECIAL LAND. See SPECIAL LAND USE as defined in this section.

   UTILITY TRAILER. A small trailer that is designed to be pulled by an automobile, van, or pick-up truck.

   VETERINARY HOSPITAL. See HOSPITAL, VETERINARY as defined in this section.

   VARIANCE. A modification of the literal provisions of this chapter granted by the Zoning Board of Appeals when strict enforcement of this chapter would cause practical difficulties or unnecessary hardship owing to circumstances unique to the individual property on which the variance is granted. A VARIANCE to permit a use not otherwise permitted within a zoning district (i.e., a use variance) shall not be permitted.

   WALL. An upright structure serving to enclose, divide, or protect an area, typically constructed of wood, masonry, or stone materials.

   WALL, OBSCURING. A structure of definite height and location to serve as an opaque screen in carrying out the requirements of this chapter.

   WAREHOUSE. A building used primarily for storage of goods and materials.

   WHOLESALE SALES. The sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.

   WIRELESS TELECOMMUNICATION FACILITY. All facilities, structural, attached, accessory or otherwise, related to the use of the radio frequency spectrum for the purposes of transmitting or receiving radio signals, and may include, but is not limited to radio and television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Not included within this definition are citizen-band radio facilities, short-wave facilities, ham and amateur radio facilities, television reception antennas, satellite dishes, and governmental facilities which are subject to state and federal law or regulations that preempt municipal regulatory authority.

   WIRELESS TELECOMMUNICATION FACILITY; COLOCATION. The location by two or more wireless telecommunications providers, public authorities or other duly authorized parties of wireless telecommunications facilities on a common structure, tower or building, in a manner that reduces the overall need for additional or multiple freestanding single-use telecommunications facilities and/or support structures within the city.

   WIRELESS TELECOMMUNICATION SUPPORT STRUCTURE; TOWER. Any wireless telecommunication facility erected or modified to support attached wireless telecommunication facilities, or other antennas or facilities, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an attached wireless telecommunication facility or similar apparatus above grade. This includes, but is not limited to, any ground or roof-mounted pole, monopole, lattice tower, light pole, utility pole, wood pole, guyed wire tower, spire, other similar structure or combination thereof, or other structures which appear to be something other than a mere support structure.

   YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter. The MINIMUM REQUIRED SETBACK is the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this chapter. (see Appendix B, Illustration 7, Yard Terms, and Illustration 8, Yards).

      (1)   YARD, FRONT. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or setback measurement line (where appropriate) and the nearest line of the principal building. Unless otherwise specified, each yard with street frontage shall be considered a front yard.

      (2)   YARD, REAR. An open space extending the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and the nearest line on the principal building. On corner lots, the REAR YARD may be opposite either street frontage, but there shall only be one REAR YARD.

      (3)   YARD, SIDE. An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the horizontal distance from the nearest point of the side lot line to the nearest point on the principal building.

   ZONING ADMINISTRATOR. The City Official(s) authorized to administer the Zoning Regulations on a day-to-day basis, including but not limited to processing applications, granting ministerial approvals, maintaining the records of Planning Commission actions, ending notices of public hearings, and similar work.

   ZONING DISTRICT. A portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted, and within which certain yards, open spaces, lot areas, and other requirements are established.

   ZONING BOARD OF APPEALS. The Garden City zoning Board of Appeals, created pursuant to the provisions of Public Act 207 of 1921, as amended.

(Ord. 92-005, passed 2-17-92; Am. Ord. 98-006, passed 6-29-98; Am. Ord. 99-003, passed 2-8-99; Am. Ord. 01-005, passed 5-21-01; Am. Ord. 02-012, passed 8-5-02; Am. Ord. 08-004, passed 11-5-07; Am. Ord. 09-007, passed 4-20-09; Am. Ord. 10-011, passed 10-26-09; Am. Ord. 10-016, passed 6-7-10; Am. Ord. 12-010, passed 11-19-12; Am. Ord. 17-002, passed 9-25-17; Am. Ord. 18-020, passed 8-6-18; Am. Ord. 20-003, passed 7-6-20; Am. Ord. 21-004, passed 2-8-21; Am. Ord. 22-001, passed 1-24-22; Am. Ord. 24-008, passed 8-26-2024; Am. Ord. 24-010, passed 10-28-24)