(A) For the purpose of this chapter, certain terms are herewith defined. When not inconsistent with the context, the present tense includes the future, the words used in the singular number include the plural number and in the plural, the singular. The word SHALL is always mandatory and not merely suggestive. The word PERSON includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The words USED or OCCUPIED include the words “intended,” “designed” or “arranged” to be used or occupied. Any words not herein defined shall be construed as defined in the Housing Law of Michigan, being Public Act 167 of 1917, MCL 125.401 et seq., as amended.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A subordinate structure detached from, but located on the same lot as, the principal structure, the use of which is incidental and accessory to that of the principal structure.
ACCESSORY USE. A structure or use that:
(a) Is clearly incidental to and customarily found in connection with a principal building or use;
(b) Is subordinate to and serves a principal building or a principal use;
(c) Is subordinate in area, extent or purpose to the principal building or principal use served;
(d) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and
(e) Is located on the same lot as the principal building or use served.
ADULT FOSTER CARE FACILITY. A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An ADULT FOSTER CARE FACILITY does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility or any other facilities which have been exempted from the definition of ADULT FOSTER CARE FACILITY by the Adult Foster Care Facility Licensing Act, being Act 218 of 1979, MCL 400.701 et seq., as amended. The following additional definitions shall apply in the application of this chapter.
(a) ADULT FOSTER CARE CONGREGATE FACILITY. An adult foster care facility with the approved capacity to receive more than 20 adults, to be provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks.
(b) ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive six or fewer adults, to be provided with supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME LICENSEE shall be a member of the household and an occupant of the residence.
(c) ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults, to be provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks.
(d) ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved capacity to receive 12 or fewer adults, to be provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks.
ADULT USES. The definition of ADULT USES specifies the following types of establishments.
(a) ADULT BOOKSTORE. An establishment that has as a substantial portion of its stock and trade and offers for sale, for any form of consideration, any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations, that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
(b) ADULT CABARET. A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(c) ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(d) ADULT THEATER. A theater, concert hall, auditorium or similar establishment characterized by activities featuring the exposure of specified sexual activities or specified anatomical areas.
(e) MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as a secondary or accessory service.
(f) SPECIFIED ANATOMICAL AREAS. As used herein, means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(g) SPECIFIED SEXUAL ACTIVITIES. As used herein, means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection with, any of the activities set forth in divisions (g)(1) to (g)(3) above.
ALCOHOL MANUFACTURING FACILITIES.
(a) BREWERY. A facility that is licensed by the state’s Liquor Control Commission to manufacture and sell to licensed wholesalers beer produced by it.
(b) BREWPUB. An establishment with a license issued in conjunction with a Class C, tavern, Class A hotel, or Class B hotel license by the state that authorizes the person licensed with the Class C, tavern, Class A hotel or Class B hotel to manufacture and brew not more than 5,000 barrels of beer per calendar year in the state and to sell at those licensed premises the beer produced for consumption on or off the licensed brewery premises in the manner provided for in §§ 405 and 407 of the Michigan Liquor Control Code of 1998, being Public Act 58 of 1998, MCL 436.1405 and 436.1407.
(c) DISTILLERY. A facility that is licensed by the state’s Liquor Control Commission to manufacture and sell spirits or alcohol, or both, of any kind.
(d) MICROBREWERY. A licensed brewery that produces in total less than 30,000 barrels of beer per year and that may sell the beer produced to consumers at the licensed brewery premises for consumption on or off the licensed brewery premises. In determining the 30,000-barrel threshold, all brands and labels of a brewer, whether brewed in this state or outside this state, shall be combined and all facilities for the production of beer that are owned or controlled by the same person shall be treated as a single facility.
(e) SMALL DISTILLERY. A facility for manufacturing spirits not exceeding 60,000 gallons of spirits, or of all brands combined.
(f) SMALL WINERY. A winery manufacturing or bottling not more than 50,000 gallons of wine in one calendar year.
(g) WINERY. A facility licensed to manufacture wine and sell that wine to a wholesaler, to a consumer by direct shipment, at retail on the licensed winery premises, to sell that wine to a retailer and as provided for in § 537 of the Michigan Liquor Control Code of 1998, being Public Act 58 of 1998, MCL 436.1537.
ALLEY. A public or private way permanently reserved as a secondary means of access to abutting property. ALLEY is not included within “highway” as herein defined.
ALTERATION. Any change, addition or modification in construction or occupancy of an existing structure, such as walls, partitions, columns, beams or girders.
AMUSEMENT ARCADE. A building, or part of a building, in which ten or more pinball machines, video games or other similar coin-operated devices are maintained, unless such premises are licensed to serve alcohol.
AUTO WASHING STATION. An area of land and/or a structure with machine- or hand- operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles. For purposes of this chapter, AUTO WASHING STATIONS shall be considered under the same regulations as for drive-in and drive-through businesses.
AUTOMOBILE REPAIR GARAGE. Any premises used for the storage of motor vehicles or where such vehicles are repaired, rebuilt, sold or kept for sale or hire.
AUTOMOBILE WRECKING YARD. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles which, for a period exceeding 30 days, have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an AUTOMOBILE WRECKING YARD.
BED AND BREAKFAST ESTABLISHMENT. A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of such a BED AND BREAKFAST ESTABLISHMENT shall live on the premises.
BUFFER AREA. A landscaped area intended to separate and partially or totally obstruct the view of two adjacent land uses or properties from one another.
BUILDING. An enclosed structure having a roof supported by columns, walls or other devices and used for the housing, shelter or enclosure of persons, animals or chattels.
CLINIC. A building designed for the diagnosis and treatment of human patients that does not include overnight care facilities.
COMMERCIAL USE. The use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services, and the maintenance or operation thereon of offices or recreation or amusement enterprises.
COMMUNICATIONS TOWER. A radio, telephone, cellular telephone or television relay structure or skeleton framework, or a monopole attached directly to the ground or another structure, used for transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunications signals. This definition shall not include dishes, antennas, aerials or similar reception or transmission structures used for noncommercial purposes serving a single residential or business premises, such as amateur radio or two-way communication and/or dispatch systems for internal business or family use, and that does not exceed the height limitations for the appropriate zoning district.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to public health, safety or general welfare.
CONDOMINIUM. See § 154.276.
DAY CARE FACILITY. A facility for the care of children under 18 years of age, as licensed and regulated by the state under Public Act 116 of 1973, being MCL 722.111 et seq., as amended, and the associated rules of the state’s Department of Social Services. Such organizations are further defined as follows.
(a) CHILD CARE CENTER.
1. A facility, other than a private residence, receiving more than six preschool or school-aged children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.
2. The facility is generally described as a CHILD CARE CENTER, DAY CARE CENTER, DAY NURSERY, NURSERY SCHOOL, PARENT-COOPERATIVE PRESCHOOL, PLAY GROUP or DROP-IN CENTER.
3. CHILD CARE CENTER does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
(b) FAMILY CHILD DAY CARE HOME. A private home in which one, but not more than six, minor children are received for 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. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
(c) GROUP CHILD DAY CARE HOME. A private home in which more than six, but not more than 12, 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. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
DEAD STORAGE. Goods not in use and not associated with any office, retail or other business use on the premises.
DRIVE-IN/DRIVE-THROUGH BUSINESS. An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.
DWELLING. A building, including a mobile or modular home, or portion thereof, that provides living facilities for one or more families. Garage space, whether in an attached or detached garage, shall not be deemed a part of a DWELLING in the calculation of floor area. In no case shall a tent, recreational vehicle, camper trailer or any similar structures be considered a DWELLING.
(a) APARTMENT. An APARTMENT is an attached dwelling unit with party or common walls contained in a building with other dwelling units or sharing the occupancy of a building with other than a residential use. APARTMENTS are commonly accessed by a common stair landing or walkway. APARTMENTS are typically rented by the occupants, but may be condominiums. APARTMENT BUILDINGS often may have a central heating system and other central utility connections. APARTMENTS are also commonly known as GARDEN APARTMENTS or FLATS.
(b) DWELLING UNIT. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with separate toilets and separate facilities for cooking and sleeping.
(c) EFFICIENCY APARTMENT. A unit within a multiple-family structure which contains no space specially set aside to accommodate sleeping quarters. SLEEPING QUARTERS shall not include storage closets, kitchens, laundry rooms, living rooms or any other areas not commonly associated with bedroom facilities.
(d) LIVE-WORK. A building unit that contains a dwelling unit on the upper floor above a first-floor space under the same ownership that can be used for a retail, service or office use. LIVE- WORK units may be attached to other similar units.
(e) MANUFACTURED HOME. A dwelling which is substantially built, constructed, assembled and finished off the premises upon which it is intended to be located.
(f) MULTIPLE-FAMILY BUILDING. A building, or portion thereof, used or designed as residences for three or more families living independently of each other and each doing their own cooking in the building, with the number of families in residence not exceeding the number of dwelling units provided. This definition includes three-family houses, four-family houses and apartment houses.
(g) SINGLE-FAMILY. A detached building or manufactured home designed exclusively for the complete living accommodations of one family and containing one dwelling unit only.
(h) TOWNHOUSE. A self-contained dwelling unit attached to a dwelling unit with party or common walls, designed as part of a series of three or more dwelling units, each with:
1. A separate entryway with direct access to the outdoors at ground level;
2. Defined front and rear yards;
3. Each dwelling shall comprise of a single unit from the lowest floor to the highest floor between the common walls;
4. A separate basement, if applicable; and
5. Separate utility connections.
(i) TWO-FAMILY. A detached building designed for or occupied exclusively by two families living independently of each other. May also be termed as a DUPLEX.
ERECTED. Includes built, constructed, reconstructed, moved upon and physical operations on the land required for the building. Excavations, fill, drainage and the like shall be considered a part of ERECTION.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes and traffic signals, hydrants and similar accessories in connection therewith, but not including buildings, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
FAMILY. One or more persons related by blood or marriage occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Further, a FAMILY is defined as a collective number of individuals living in one house and under one head whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order, nor include a group of individuals whose association is temporary and resort-seasonal in character or nature.
FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLAG LOT. A lot with access provided to the bulk of the lot by means of a narrow corridor. (See division (C) below.)
FLOOR AREA, GROSS. The sum of the areas of the several floor of a building, including areas used for human occupancy, as measured from the exterior faces of the walls. It does not include cellars, basements, unenclosed porches or attics, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
FRONTAGE. The length of any one property line of a premises, which property line abuts a legally accessible street right-of-way or any private road used for street purposes. (See division (C) below.)
HEIGHT, BUILDING. The vertical distance measured from the elevation of the average grade around the building to the roof, as follows:
(a) To the average height between eaves and ridge for gable, hip and gambrel roofs;
(b) To the highest point of the roof surface for flat roofs;
(c) To the deck line of mansard roofs; or
(d) To the average height between the lowest point and the highest point on a shed roof.
HIGHWAY. Any public thoroughfare or street except alleys, including federal, state or county roads and those appearing on recorded plats.
HOME BUSINESS. An incidental and secondary use of a residence for business purposes. It is a permitted use in all residential zoning districts when it meets the standards listed in § 154.075 of this code. Examples of HOME BUSINESSES include, but are not limited to, the following: dressmaking, handicrafts, secretarial services, tutoring (limited to six students), a consultant’s office and the office facility of a sales representative, provided that no transactions are made in person on the premises.
KENNEL. Any facility, except a duly licensed pet shop, where three or more dogs are kept for breeding, sale, sporting, boarding or training purposes for remuneration.
LANDSCAPING TERMS. Terms are as follows.
(a) BERM. A planted earthen mound for the purpose of providing screening between conflicting land uses.
(b) LANDSCAPED STRIP. A strip of land of definite width and location reserved for building a berm and/or the planting of shrubs and/or trees to serve as an obscuring screen in carrying out the requirements of this chapter.
(c) SCREENING. The method by which a view or sound of one site from another adjacent site is shielded, concealed or hidden. SCREENING techniques include fences, walls, hedges, berms or other features.
LOT. A piece or parcel of land occupied by a building and its accessory buildings, or by any other activity permitted thereon, and including the open spaces required by this chapter, and having its frontage upon a public street or any private road used for street purposes. A LOT may or may not be specifically designated as such on public records. This definition shall not apply to condominium projects as regulated in §§ 154.275 to 154.278 of this code.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets or highways. (See division (C) below.)
LOT COVERAGE. Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
LOT DEPTH. The average horizontal distance between the front and rear lot lines. (See division (C) below.)
LOT, INTERIOR. A lot other than a corner lot. (See division (C) below.)
LOT LINE, FRONT. On an interior lot, the lot line abutting a street; or, on a corner lot, both lot lines abutting streets; or, on a through lot, the lot line abutting the street providing primary access to the lot. (See division (D) below.) This definition shall not apply to condominium projects as regulated in §§ 154.275 to 154.278 of this code.
LOT LINE, REAR. The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a REAR LOT LINE. (See division (D) below.) This definition shall not apply to condominium projects as regulated in §§ 154.275 to 154.278 of this code.
LOT OF RECORD. A lot whose existence, location and dimensions have been legally recorded or registered in a deed or in a plat.
LOT, THROUGH. A lot having its front and rear yards each abutting a street. (See division (C) below.)
LOT WIDTH. The width of a lot shall be the horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the required front setback line. (See division (D) below.) The following provision shall also apply: the width between the side lot lines measured at the street right-of-way or private road shall not be less than 80% of the required LOT WIDTH, or 40% in the case of lots located on the turning circle of a cul-de-sac.
MAJOR STREET. Any street within the village designated as a MAJOR STREET pursuant to Public Act 51 of 1951, being MCL 247.651 et seq., and amendments thereto.
MEDICAL LABORATORY. A facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agencies, to the medical, dental or other health service professions or to the patient, or an establishment primarily involved in the fabrication (hand assembly) of medical devices, such as dentures, eyeglasses and contact lenses and prosthetic devices.
MINI-STORAGE WAREHOUSING. A building or a group of buildings used primarily for the temporary dead storage of residential goods and wares as a result of their transfer from one point to another and/or the dead storage of residential goods and wares, commercial goods and wares and industrial goods, wares and commodities.
MOBILE HOME. A structure, transportable in one or more sections, which is built on 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. MOBILE HOME does not include recreational vehicle.
MOBILE HOME PARK. A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.
MOBILE HOME SUBDIVISION. A legally platted residential subdivision accommodating mobile homes.
MODULAR HOME. A premanufactured dwelling designed for permanent attachment to sanitary facilities in a residential district.
NONCONFORMING STRUCTURE. A building, or portion thereof, lawfully existing at the effective date of this chapter, or amendments thereto, and which does not conform to the provisions of this chapter in the zoning district in which it is located.
NONCONFORMING USE. A lawful use of land that does not comply with the use regulations for its zoning district, but which complied with applicable regulations at the time the use was established.
OUTDOOR STORAGE OF MATERIAL. The keeping, in an area outside of any building, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.
PLANNED UNIT DEVELOPMENT or PUD. A form of development usually characterized by the flexible application of zoning district regulations and a unified site design for a number of housing units, clustering buildings, providing common open space. It permits the planning of a project and the calculation of densities over the entire development rather than on an individual, lot-by-lot basis. It also refers to a process, mainly revolving around site plan review, in which the village will have considerable involvement in determining the nature of the development.
PLANNING COMMISSION. Whenever in this chapter appear the words “Planning Commission,” it shall mean the Planning Commission of the Village of Grass Lake, Michigan.
PRINCIPAL BUILDING. A building in which the primary use of the lot on which the building is located is conducted.
PRINCIPAL USE. The main use of land or structures, as distinguished from a secondary or accessory use.
RECYCLING COLLECTION CENTER. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled, essentially by hand, within a completely enclosed building.
RESOURCE CENTER. A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
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 carry-out, drive-in, drive-through, fast food, sit down restaurant, or bar, lounge, or tavern or combination thereof, as defined below.
(1) BAR, LOUNGE 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 or LOUNGE is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
(2) RESTAURANT, CARRY-OUT. A 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 primarily off the premises.
(3) RESTAURANT, DRIVE-IN. A restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages or other food served directly to, or permitted to be consumed by, patrons in cars or other vehicles parked on the premises or permitted to be consumed by patrons elsewhere on the site outside the main building.
(4) RESTAURANT, DRIVE-THROUGH. A restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a window, permitting the customer to remain in its vehicle, for consumption primarily off the premises.
(5) RESTAURANT, FAST FOOD. A restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.
(6) RESTAURANT, SIT DOWN. A restaurant whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building or at approved outdoor seating, or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers within the restaurant venue. Outdoor seating may be permitted as accessory to the restaurant located on the same site.
SERVICE STATION. Any premises where gasoline and other petroleum products are sold and/or light maintenance activities, such as engine tune-ups, lubrication, minor repairs and carburetor cleaning, are conducted. SERVICE STATIONS shall not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting and body fender work, are conducted.
SIGN. A structure or device designated or intended to convey information to the public in written or pictorial form. Regulations for signs in the village are contained in Ch. 152 of this code.
SITE PLAN. A document or group of documents containing sketches, text, drawings, maps, photographs and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements and the interrelationship of these elements.
SOLAR ENERGY SYSTEMS.
(a) PHOTOVOLTAIC DEVICE. A system of components that generates electric energy from incident sunlight by means of the photovoltaic effect, regardless of whether the device can store the electric energy produced for later use.
(b) SOLAR ARRAY. Any number of photovoltaic devices connected to provide a single output of electric energy or other energy.
(c) SOLAR ENERGY SYSTEM, ABANDONED. Any solar energy system, solar array or combination of photovoltaic devices that remains nonfunctional or inoperative to the extent that it not used to generate electric energy for a continuous period of 12 months.
(d) SOLAR ENERGY SYSTEM, SMALL. A solar energy system where the sole use is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, primarily for personal consumption by a single end user at the same property upon which the solar energy system is located, with a generating capacity of less than 150 kW.
(e) UNREASONABLE SAFETY HAZARD. Any condition which could reasonably be expected to create, cause or compound the substantial likelihood that death, illness or personal injury may occur to any member of the general public, including, but not limited, to trespassers or emergency services personnel. Adherence by the property owner or occupants to industry standards for safeguarding against such risks will be taken into consideration in determining whether a condition poses an unreasonable safety hazard.
STREET. A public thoroughfare, 66 feet in width, being a portion of any of the recognized state, county or township highway systems.
TOURIST HOME. A building where lodging is provided by a resident family in its home for compensation, mainly for transients. A TOURIST HOME may be called a BED AND BREAKFAST ESTABLISHMENT. A TOURIST HOME is not a hotel, motel or a boarding house.
VARIANCE. A relaxation by the Zoning Board of Appeals of the dimensional regulations of the Code where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
VILLAGE COUNCIL. Whenever in this chapter appear the words VILLAGE COUNCIL, it shall mean the Village Council of the Village of Grass Lake, Michigan.
YARD. A required open space on a lot adjoining a lot line, containing only landscaping or other uses as provided by this Zoning Code.
YARD, FRONT. A clear, unoccupied space on the same lot with a building, extending across the entire width of the lot and situated between the front lot line of the building and the front line of the lot. (See divisions (D) and (E) below.)
YARD, REAR. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. REAR YARD depth shall be measured at right angles to the rear line of the lot. (See divisions (D) and (E) below.)
YARD, SIDE. A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. SIDE YARD widths shall be measured at right angles to side lines of the lot. (See divisions (D) and (E) below.)
ZONING BOARD OF APPEALS. Whenever in this chapter appear the words ZONING BOARD OF APPEALS, it shall mean the Zoning Board of Appeals of the Village of Grass Lake.
ZONING MAP. A map showing the location and placement of the various zoning districts within the village. The ZONING MAP is composed of two portions. These are the underlying portion and overlying portion.
ZONING MAP, UNDERLYING. That portion of the Village Zoning Map containing the various zoning districts, including the conventional zoning districts and the form-based code districts. Land uses within these districts are regulated herein unless superseded by the overlying map.
ZONING MAP, OVERLYING. This zoning map reflects the presence of wetlands as defined by the Michigan Department of Environment, Great Lakes and Energy (EGLE) and the United States Fish and Wildlife Service National Wetland Inventory (NWI). The effect of the overlying map is to supersede the underlying map unless, and until, the necessary wetland permits are secured for these areas.
(C) The following figure depicts lot definitions.
(D) The following figure depicts lot terms.
(E) The following figure depicts yard requirements.
(Ord. passed 6-18-1991, § 2.2; Ord. passed 1-7-1994; Ord. passed 10-6-1994; Ord. passed 12-8-1994; Ord. passed 9-7-1995; Ord. passed 9-27-1999; Ord. passed 1-17-2000; Ord. passed 8-18-2002; Ord. passed 5-20-2009; Ord. passed 11-16-2010; Ord. passed 9-17-2019; Ord. passed 11-23-2019)