For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any changes required to the following definitions by change in state law or state code or by decree of a court of competent jurisdiction may be made by the Village Council, with the concurrence of both the Planning Commission and the Zoning Board of Appeals without use of formal amendment procedures. Provided, that the changes, when approved, will be published in the local newspaper.
ACCESSORY BUILDING. A subordinate building, the use of which is clearly incidental to that of the principal building or to the use of the land and which is attached securely to a permanent masonry foundation or similar permanent footings.
ACCESSORY USE. A use subordinate to the principal use on a lot and used for purposes clearly incidental to those of the main use.
AGRICULTURAL. Includes purposes related to agriculture, farming, dairying, pastorage, horticulture, floriculture, viticulture, and animal and poultry husbandry.
ALLEY. A public or legally-established private thoroughfare, other than a street, which affords a secondary means of access to abutting property, and is not more than 20 feet wide.
ALTERATION. Any change, addition, or modification in construction, any change in the structural members of a building, such as walls, or partitions, columns, beams, or girders, the consummated act of which may be referred to herein as ALTERED or RECONSTRUCTED.
ANIMATED SIGN. Any sign having a conspicuous and intermittent variation in the illumination of the physical position of any part of the sign.
APARTMENT. See DWELLING, MULTIPLE-FAMILY.
AREA, NET SIZE. The total area within the property lines of a project excluding external streets rights-of-way.
AUTOMOBILE AND OTHER LIGHT MOTOR VEHICLE REPAIR. General repair and rebuilding or reconditioning of motor vehicles and motor vehicle components, and collision services such as body, frame, or fender straightening and repair; overall painting and undercoating of vehicles when carried on in a completely enclosed room or building.
AUTOMOBILE or TRAILER SALES AREA. Any space used for display, sale, or rental of motor vehicles or trailers, in new or used and operable condition.
BASEMENT. The portion of a building which is below the first story and the average height below the ground line is greater than that above the ground line (see structural terminology diagram).
BILLBOARD. Any construction or portion thereof upon which a sign or advertisement used as an outdoor display for the purpose of making anything known to the general public is affixed. This definition does not include any bulletin boards used to display official court or public office notices.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING COVERAGE. The percentage of the plot or lot area covered by the building area.
BUILDING HEIGHT. The vertical distance measured from the established sidewalk grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided the average elevation shall not exceed the established sidewalk grade at the center of the front of the building by more than one inch for each front foot that the building sets back from the front line (see building heights requirement diagram).
BUILDING PERMIT. A permit for commencing construction issued in accordance with a plan for construction that complies with all the provisions of this chapter.
CARE FACILITIES. Facilities regulated by this chapter providing resident services to more than six and less than 13 individuals in need of supervision or care. This shall include adult foster care and child day-care facilities of more than six persons unrelated to the owner/operator of the facility.
CHURCH. A building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with the principal purpose.
CLUB or LODGE, PRIVATE. A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of the premises being restricted to members and their guests. The affairs and management of the PRIVATE CLUB OR LODGE are conducted by a board of directors, executive committee, or similar body chosen by the members at a meeting. It shall be permissible to serve food and meals on the premises providing adequate dining room space and kitchen facilities are available and provided all public health and other laws are complied with. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that the sale of the alcoholic beverages is in compliance with the applicable federal, state, and municipal laws.
CONDITIONAL USE. A use which is subject to conditional approval by the Planning Commission. A CONDITIONAL USE may be granted when specified by this chapter and for those uses not specifically mentioned. A permitted CONDITIONAL USE is not considered to be a nonconforming use.
CONDOMINIUM UNIT. The portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, or any other type of use approved by the State Department of Commerce.
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of the building.
COURT, OUTER. A court enclosed on not more than three sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.
DISTRICT. A portion of the incorporated part of the village within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-IN. An establishment of the "drive-in" type is one which accommodates the patrons' automobiles in the off-street parking area accessory to the business from which the occupants may receive a service or obtain a product which may be used or consumed, in the vehicle, on the same premises or within the establishment.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, designed exclusively or altered for occupancy by three or more families living independently of each other. This shall be established by three or more separate units, or apartments, with each meeting the definition of dwelling unit.
DWELLING, ONE-FAMILY. A building designed exclusively for one dwelling unit.
DWELLING, TWO-FAMILY. A building designed exclusively or altered for two dwelling units.
DWELLING UNIT. A building or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities. The DWELLING UNIT shall be attached to and located upon a permanent masonry foundation.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal department or commissions of underground or overhead gas, electrical, steam, or water, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment, and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare.
FAMILY. This shall be considered a domestic family of one or more related persons (through marriage or adoption) residing in a single dwelling unit and sharing facilities (such as a kitchen and common entrances). This shall also include a functional FAMILY of no more than six unrelated persons who share common facilities and operate as a single nonprofit FAMILY unit. This shall exclude those uses where the living arrangement is temporary or seasonal (such as fraternities, sororities, associations, and lodges) and where the persons within the unit are treated as individual occupants for housekeeping purposes.
FARM. All of the contiguous neighboring or associated land operated as a single unit on which bona fide agriculture is carried on directly by the owner-operator, manager, or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees; provided, however, that land being considered a FARM hereunder shall include a continuous parcel of ten acres or more in area.
FLOOD PLAIN. The land which is enrolled in the National Flood Insurance Program or is determined to be a wetland as designated by local, state, or national standards.
FLOOR AREA. The number of square feet in a site built house is the sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The FLOOR AREA of a building shall include the area of any floor when more than one-half of the room height is above the established curb level, or above the finished lot grade. Within a two-family or multiple-family residence or other building where separate ownership or leasehold interests exist, any interior common areas shall not be included within the determination of FLOOR AREA. Calculations used to determine the number of square feet in a manufactured home will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on the site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.
FRONTAGE. The total length along which a parcel of land fronts on a street, measured along the line where the property abuts the street right-of-way.
GARAGE, COMMERCIAL. Any garage other than a private garage available to the public, operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipping of automobiles, or other motor vehicles.
GARAGE, PRIVATE. An accessory building not over one story or 15 feet in height used for parking or storage of vehicles as may be required in connection with the permitted use of the principal building.
GASOLINE SERVICE STATION. Any building, or premises used for the dispensation, sale, or offering for sale at retail of any motor fuels, oils, or lubricants. When the dispensing, sale, or offering for sales is incidental to the conduct of a commercial garage, the premises are classified as a commercial garage.
GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of buildings. 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 level, the GRADE shall be determined by averaging the elevation of the ground for each face of the building.
GREENBELT BUFFER. A strip or parcel of land privately restricted or publicly dedicated as open space, located between land uses for the purpose of protecting the character of adjacent residential or other uses. The GREENBELT BUFFER shall include, but not be limited to, the following materials: open space with maintained grass cover, evergreens, deciduous trees, shrubs, and bushes.
GROUP HOUSING. Two or more multiple dwellings on a parcel of land under single ownership.
HIGHWAY. See MAJOR STREET.
HOSPITAL. An institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution, related facilities, central services facilities, and staff offices.
HOTEL, MOTEL. A building containing primarily rooming units with the number of dwelling units being not greater than 10% of the total number of rooming units, and with the exception of the unit occupied by the management staff; used only for the accommodations of transients.
INDUSTRIAL PARK. A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.
JUNK YARD. Any land or buildings where waste, used or second hand materials are bought and sold, exchanged, stored, baled, parked, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes automobile wrecking yards and includes any area of more than 50 square feet for storage, keeping, or abandonment of junk, but does not include uses established entirely within enclosed buildings.
KENNEL. Any lot or premises on which more than four common house pets are kept permanently or are temporarily boarded.
LIVING SPACE. The area within a structure intended, designed, erected, or used for human occupancy; that is, the sum of the gross horizontal area of the floor in question of the building used for the occupancy, measured from the exterior faces of the exterior walls, from the center lines of interior walls, and excluding porches, garages, and breezeways not usable the year around.
LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter including one principal building together with its accessory buildings, and providing the open spaces, parking spaces, and loading spaces required by this chapter. For the purposes of this chapter, LOTS are further classified as follows:
(1) FRACTIONAL LOT. A parcel of land of lesser area than that established for its zoning district;
(2) MULTIPLE LOT. Any combination of contiguous primary, secondary, or fractional lots which exceeds the area prescribed for a primary lot in its zoning district;
(3) PRIMARY LOT. A parcel of land established by an original plat, with an area equal to, or exceeding, the minimum prescribed for its zoning district. Some PRIMARY LOTS may be irregular in shape; and
(4) SECONDARY LOT. A parcel of land with boundaries changed from the original plat by survey or real estate transactions, but still containing the minimum area prescribed for its zoning district.
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of the two streets is less than 135 degrees. A lot abutting upon a curved street, or streets, shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points were the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
LOT COVERAGE. The part or percent of the lot occupied by buildings or structures including accessory buildings or structures.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between side lot lines.
LOT, INTERIOR. Any lot other than the corner lot.
LOT LINES. The lines bounding a lot as defined below:
(1) FRONT LOT LINE. In the case of an interior lot, the line separating the lot from the street, in the case of a corner or double frontage lot, the line separating the lot from that street which is designated as the front street in the plot. Establishment of lot frontage is an integral part of the planning and approval steps in development, requiring approval of the Planning Commission and other agencies. It is not therefore, a prerogative of the owner or builder.
(a) In the case of all future construction, lot frontage will be identified in the preliminary and final platting. In the future development of areas bordering on a lake, river, or canal, the established water or shore line will be designated as the front of the lots.
(b) In the case of areas of one or more blocks already partially developed, the siting of existing primary buildings therein establishes the frontage for the area.
(c) In the case of a request to establish or designate lot frontage as an exception existing frontages in the same area, the request will be reviewed by the Planning Commission and then resolved by the Zoning Board of Appeals on a case-by-case basis.
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot irregularly shaped at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot; and
(3) SIDE LOT LINE. Any lot line other that the front lot line or rear lot line.
LOT OF RECORD. A lot or parcel existing prior to the adoption of this chapter and recorded in the office of the County Register of Deeds. For the purposes of this chapter, land contracts and purchase options not recorded in the County Register of Deeds office, but dated and executed prior to the effective date of this chapter shall also constitute a lot of record.
LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the building line or setback intersects the side lot line.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. MANUFACTURED HOME does not include recreational vehicles.
MASTER PLAN. The statement of policy by the Village Planning Commission relative to the agreed-upon desirable physical pattern of future community development. Consists of a series of maps, charts, and written material representing in summary form the soundest conception of the community as to how it should grow in order to bring about the very best community living conditions.
MOBILE HOME. See MANUFACTURED HOME.
MOBILE 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, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured home.
MODULAR HOME. A prefabricated structure, transported in one or more sections by flatbed trailer or other means to the site where they are removed from their transporter by crane or other lifting device and assembled on permanent foundations, to form single family dwellings which are either attached in rows or clusters, stacked, or detached.
NONCONFORMING BUILDINGS. A building or portion thereof, existing at the effective date of this chapter, or amendments thereto, and which does not conform to the provisions of this chapter.
NONCONFORMING USE. A use which lawfully occupied a building or land at the time this chapter or amendments thereto became effective, and which does not conform to the use regulations of the district in which it is located.
NURSING or CONVALESCENT HOME. A structure with sleeping rooms where persons are housed or lodged and furnished meals and nursing care for hire.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.
OPEN SPACE. Any space suitable for recreation, gardens, or household service activities such as clothes drying. The space must be at least 75% open to the sky, free of automotive traffic, parking, and undue hazard, and readily accessible by all those for whom it is required.
PARKING SPACE. An area of definite length and width, exclusive of drives, aisles or entrances, which is fully accessible for the parking of permitted vehicles. Perpendicular and angle parking spaces shall have a minimum dimension of nine feet by 18 feet. Parallel parking shall be a minimum of eight feet by 20 feet in dimension.
PLANNED UNIT DEVELOPMENT. A tract of land which includes two or more principal buildings, developed under single ownership or control, the development of which is unique and of substantially different character than that of surrounding area, and where the specific requirements of a given district may be modified, and where the minimum area is fixed. The development shall be based on a plan which allows for flexibility of design not available under normal zoning district requirements.
PLANNING COMMISSION. The Village Planning Commission, as set forth in this code, shall have the powers granted under the authority of the Municipal Planning Act, Public Act 285 of 1931, being M.C.L.A. §§ 125.31 through 125.45, and the City and Village Zoning Act, Public Act 207 of 1921, being M.C.L.A. §§ 125.581 through 125.590. If the Village Council has not established a Planning Commission, the authority shall rest with the Village Council, and references to "Planning Commission" in this chapter shall be read as the "Village Council," and references to "Planning Commission" or "Village Planning Commission" in this chapter shall be read as "Village Council."
PRINCIPAL USE. The main use to which the premises are devoted and the main purpose for which the premises exist.
PUBLIC PARK. Any park, playground, beach, outdoor swimming pool, or parkway within the jurisdiction and control of a governmental agency authorized by state statutes to own and maintain parks.
PUBLIC SEWER SYSTEM. A central or community sanitary sewage and collection system of pipes and structures including pipes, conduits, manholes, pumping stations, sewage and waste water treatment works, diversion and regulatory devices, and outfall structures, collectively or singularly, actually used or intended for use by the general public or a segment thereof, for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or industrial liquid wastes of such a nature as to be capable of adversely affecting the public health; operated and maintained for the general public.
PUBLIC UTILITY. Any person, firm, or corporation, municipal department, board, or commission duly authorized to furnish and furnishing under state or municipal regulations to the public, gas, steam, electricity, sewer disposal, communication, telegraph, transportation, or water.
RECREATIONAL AREA, PRIVATE. All lands and structures which are owned and operated by private individuals, a business or corporation which are predominantly intended to accommodate recreational vehicles and provide for outdoor recreational activities.
RECREATIONAL VEHICLES. All those small mobile units principally designed for recreational pastime.
RESTAURANT. An establishment whose principal business is the sale of food within an enclosed seating area. This shall exclude drive-in restaurants and those uses whose principal business is the sale of alcoholic beverages.
RETAIL and RETAIL STORES. Any building or structure in which goods, wares, or merchandise are sold to the ultimate consumer for direct consumption and not for resale.
RIGHT-OF-WAY. A street, alley, or other thoroughfare or easement permanently established for passage of persons or vehicles.
ROADSIDE STAND. A permanent structure which is used seasonally for the sale of produce. The use of a ROADSIDE STAND shall not constitute a commercial district.
ROOMING HOUSE. A building, or part thereof, other than a hotel, where sleeping accommodations are provided for hire and where meals may be regularly furnished.
ROOMING UNIT. Any room, or group of rooms, forming a single habitable unit used for living and sleeping, which does not contain cooking or eating facilities.
ROWHOUSE (TOWNHOUSE). An attached house in a row or group, each house containing not more than two dwelling units and each house separated from adjoining houses in the same row or group by common fire walls or fire separation.
SANITARY LANDFILL. A use regulated by the state pursuant to the requirements of Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.
SCHOOLS. A building used for the purpose of elementary or secondary education, which meets all requirements of compulsory education laws of the state, and not providing residential accommodations.
SETBACK. The minimum horizontal distance between the street, rear, or side lines of the lot and the front, rear, or side lines of the building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining offsets.
SHOPPING CENTER. A group of commercial establishments, planned, developed, owned, and maintained as a unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.
SIGNS. Any words, numbers, figures, devices, designs, or trademarks by which anything is made known other than billboards, such as are used to show an individual, firm or professional business, and which are visible from the exterior of the structure.
SITE CONDOMINIUM PROJECT. A plan or project consisting of not less than two single-family units established in conformance with the Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272.
STORY. The part of a building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above.
STREET. A thoroughfare which affords the principal means of access to abutting property.
STREET, MAJOR. A public way, the principal use of which is to provide an arterial route for through traffic and has as its secondary use the provision of access to abutting properties.
STREET, MINOR. A public way, the principal use of which is to give access to abutting properties.
STRUCTURAL ALTERATION. The erection, strengthening, removal, or other change of the supporting elements of a building, such as footings, bearing walls, beams, columns, and the like.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SWIMMING POOLS. Any artificially constructed, portable or non-portable pool capable of being used for swimming or bathing, having a depth of three feet or more at any point.
UNDEVELOPED LAND. Land which has soil types or a high water condition which presents severe limitations on septic tank and tile fields.
USABLE FLOOR AREA. The area for the purpose of computing parking and off-street loading and unloading space, which is used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients, or customers. The floor area which is used or intended to be used principally for the storage or processing of merchandise or utilities shall be excluded from this computation of USABLE FLOOR AREA. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.
USE. The purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let, or leased.
VARIANCE. A modification of the literal provisions of this chapter which the Zoning Board of Appeals is permitted to grant when strict enforcement of the provisions would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
YARD. An open space on the same lot with the main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
(1) FRONT YARD. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
(2) REAR YARD. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
(3) SIDE YARD. A yard between the main building and the side lot line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side lot line, to the nearest point of the main building.
ZONING. See DISTRICT.
(Prior Code, § 741.02)