• Section 2.02 Definitions.

Accessory Building – A detached or attached subordinate building located on the same lot as an existing building, the use of which is clearly incidental or secondary to that of the main building such as a private garage or implement shed.

Accessory Structures – A structure, such as a deck, which is incidental to that of the main building that is located on the same lot as the main building.

Accessory Use – A use subordinate to the principal uses of a lot and used for purposes clearly incidental to those of the principal use.

Alcoholic Commercial Establishment – Any hotel, motel, tavern, restaurant, park, nightclub, cocktail lounge, burlesque house, bar, cabaret, taproom, club of other similar establishment licensed by the State of Michigan Liquor Control Commission, or where alcoholic beverages, including beer, are dispensed and/or consumed. This definition shall exclude a theater or auditorium.

Alley – A dedicated public way affording a secondary means of access to abutting property, which is not intended for general traffic circulation.

Alterations – Any change, addition or modification in construction or type of occupancy or 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 in this Zoning Ordinance as "altered" or "reconstructed."

Apartments – The dwelling units in a multiple family dwelling are defined as follows:

   (a)   Efficiency Apartment. A dwelling unit consisting of not more than one (1) room in addition to kitchen, dining and necessary sanitary facilities.

   (b)   One-bedroom Unit. A dwelling unit consisting of not more than two (2) rooms in addition to kitchen, dining and necessary sanitary facilities.

   (c)   Two-bedroom Unit. A dwelling unit consisting of not more than three (3) rooms in addition to kitchen, dining and necessary sanitary facilities.

   (d)   Three or More Bedroom Unit. A dwelling unit consisting of not more than four (4) rooms in addition to kitchen, dining and necessary sanitary facilities.

Attached – A building otherwise complete in itself, which depends, for structural support on complete enclosure, upon a division wall or walls shared in common with adjacent building or buildings.

Automobile – Unless specifically indicated otherwise, “automobile” shall mean any motorized vehicle intended to be driven on roads or trails, such as cars, pickup trucks, vans and motorcycles, and other vehicles defined as motor vehicles by the Motor Vehicle Code.

Automobile Collision Services – A use such as frame or fender straightening and repair, painting and undercoating of automobiles, and similar vehicle repair activities.

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 and/or a single bay car wash operation as an accessory use.

Automobile Fueling Station – A facility limited to retail sales of vehicle fuel, motor oil, lubricants, and travel aides, and may include convenience food and beverages, but shall not include a restaurant and/or drive-through facility. Automobile fueling stations are limited to locations incidental to a principal retail use in a shopping center.

Automobile Dealership – A building or premises used primarily for the sale of new and used automobiles and other motor vehicles.

Automobile Repair Garage – An enclosed building where the following services may be carried out: general repair, engine rebuilding and reconditioning of automobiles.

Automobile Service Station – A place where gasoline or other vehicle engine fuel, kerosene, motor oil, lubricants and grease are sold directly to the public on the premises for the purposes of operating motor vehicles, including the sale of minor accessories for motor vehicles (such as tires, batteries, brakes, shock absorbers and window glass) and the servicing and minor repair of motor vehicles.

Automobile Wash – A building or portion thereof where automobiles are washed. Such facilities shall include the following:

   (a)   Automatic Car Wash. Any facility, including its structures, accessory uses and paved areas, used wholly or partly to wash, clean and dry the exterior of passenger automobiles, vans, pick-ups or panel trucks using conveyors to move the vehicle, or equipment that moves over or around the vehicle, or other automated equipment intended to mechanically wash such vehicles.

   (b)   Self-Service Car Wash. Any facility, including its structures, accessory uses and paved areas used wholly or partly to wash, clean and dry the exterior of passenger automobiles, vans, pick-ups or panel trucks using hand-held equipment.

Basement – That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story. See Figure 1 in the Appendix.

Bed and Breakfast – A one-family residential structure that meets the following criteria:

   (a)   Has eight (8) or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, one (1) or more of which are available for rent to transient tenants.

   (b)   Serves breakfast to its transient tenants.

Block – The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets; between the nearest such street and any railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Brewpub – A facility that meets all requirements of a standard restaurant and produces no more than 18,000 barrels of beer per calendar year on-site.

Build-to-Line –A line running parallel to the road right-of-way which denotes the maximum setback for all structures. 

Building – A structure, either temporary or permanent, used for the shelter or accommodation of persons, animals, goods or equipment, having a roof supported by columns or walls and including any tents or awnings which are situated on private property when so used.

Building Frontage – That portion of a building that faces a public right-of-way.

Building Code – The code that is in effect within the City of Howell.

Building Height – The vertical distance measured from the finished grade at the front of the building to the higher of the highest point of a flat roof, or the mean level between the eaves and the ridge of a pitched roof. See Figure 2 in the Appendix.

Building Inspector – The authorized representative designated by the Building Official to enforce the Building Code.

Building Line – A line formed by the face of the building. For the purposes of this Zoning Ordinance, a minimum building line is the same as a front setback line.

Building Official – The officer or other designated authority charged with the administration and enforcement of the Building Code, or a duly authorized representative.

Church – A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

Clinic – A structure, housing under one (1) roof, facilities for the medical and dental care, diagnosis and treatment of sick, ailing, infirm and injured persons, and those who are in need of medical, dental or surgical attention, who are not provided with board or room or kept overnight on the premises.

Club – An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, not operated for profit.

Collection Bins – Any metal container, receptacle, or similar object that is located on any parcel or lot of record within the City and that is used for soliciting and/or collecting the receipt of clothing, household items, or other personal property. This term applies to all such containers regardless of whether the solicitation of property is made by a for-profit or a non-profit entity. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle, or any collection box located within an enclosed building.

Collector Street – A street intended to serve as a major means of access to major thoroughfares, such street having considerable continuity within the framework of the City Thoroughfare Plan.

Columbarium – A structure designed for the purpose of storing the ashes of human remains that have been cremated.

Commercial Equipment –Any machinery, parts, accessories, construction equipment or other equipment used primarily in the course of conducting a trade or business.

Commercial Vehicle –A vehicle of the bus, truck, van or trailer-type, which is designed, constructed or used for the transportation of passengers for compensation, the delivery of goods, wares or merchandise, the drawing or towing of other vehicles or construction equipment, or for other commercial purposes. The term includes, but not to the exclusion of any other types not specifically mentioned herein, truck-trailers, step-vans, dump trucks, tow-trucks, pickup trucks and sedan or panel trucks in excess of three (3) ton pay load capacity primarily for commercial purposes, and pole trailers.

Condominium – Condominiums shall include the following elements:

   (a)   Condominium Act. Refers to Act 59 of the Public Acts of 1978, as amended.

   (b)   Condominium Documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the Master Deed or bylaws that affects the rights and obligations of a co-owner in the condominium.

   (c)   Condominium Lot. The condominium unit includes the condominium unit and the contiguous limited common element surrounding the condominium unit, and shall be the counterpart of "lot" as used in connection with a project developed under the Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended.

   (d)   Condominium Unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.

   (e)   General Common Element. The common elements other than the limited common elements reserved in the master deed for use by all of the co-owners.

   (f)   Limited Common Element. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

   (g)   Master Deed. The condominium document recording the condominium project, to which are attached as exhibits and incorporated by reference with the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.

   (h)   Site Condominium. A condominium development in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit. Such developments are also described in the master deed.

Congregate Care Housing – A dwelling providing shelter and services for four (4) or more elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments and counseling.

Construction – The placing of construction materials in permanent position and fastened in a permanent manner. However, where demolition or removal of an existing building has been substantially begun and preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work is diligently carried on until completion of the building involved and that not more than twelve (12) months have elapsed since the permit was issued for such construction.

Construction Equipment– A bulldozer, front-end loader, backhoe, power shovel, cement mixer, trenchers, and any other equipment designed or used for commercial construction purposes, including parts and accessories thereto, or trailers designed for the transportation of such equipment.

Country Inn – A business generally located in a residential structure which offers overnight lodging and meals where the owner is actively involved in daily operations, often living on site. These establishments may serve up to three (3) full service meals a day in a dining room(s) which can serve up to twice as many people as the Inn's rated overnight capacity. Dining shall only be for the patrons of the Inn and their guests. The cost of any meal shall be included in the room charges.

Crematorium – A building fitted with the proper appliances for the purposes of the cremation of human remains and includes everything incidental or ancillary thereto.

Day-Care Facility, Adult – Means the following:

   (a)   Day-Care Center, Adult. A facility, other than a private residence, receiving one (1) or more adults, eighteen (18) years of age or older, for care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled or physically handicapped who require supervision on an ongoing basis. An adult day-care center does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities that do not meet the definition of adult day-care center.

   (b)   Group Day-Care Home, Adult. A private home in which more than six (6) but not more than twelve (12) adults, eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis. An adult day-care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities that do not meet the definition of adult day care-center. The owner of an adult day-care home business must also be the occupant of the private home.

   (c)   Family Day-Care Home, Adult. A private home in which six (6) or less adults, eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis. An adult day-care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities that do not meet the definition of adult day-care center. The owner of an adult day-care home business must also be the occupant of the private home.

Day-Care Facility, Child – Means the following:

   (a)   Day-Care Center, Child. A facility, other than a private residence, receiving one (1) or more preschool or school age children for care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. The term "day- care center" includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a childcare center, day-care center, day nursery, nursery school, parent cooperative preschool, play group or drop-in center. The term "day-care center" does not include any of the following:

      (1)   A Sunday school, a vacation bible school or a religious instructional class that is conducted by a religious organization where children are in attendance for not greater than three (3) hours per day for an indefinite period, or not greater than eight (8) hours per day for a period not to exceed four (4) weeks during a twelve (12) month period.

      (2)   A facility operated by a religious organization where children are cared for not greater than three (3) hours while persons responsible for the children are attending religious services.

   (b)   Group Day-Care Home, Child. A private home in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (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. The term "group day-care home" includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year. The owner of the child group day-care home business must also be the owner and resident of the private home.

   (c)   Family Day-Care Home, Child. A private home in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty-four (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. The term "family day-care home" includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year. Child family day-care homes shall be specifically exempt from regulations by this Ordinance but are otherwise subject to applicable State law. The owner of the child family day-care home business must also be the owner and resident of the private home.

Deck – A structure without a roof having a foundation to hold it erect, and attached to or abutting one (1) or more walls of a building or constructed separately from a building, with or without direct access to the ground, the floor of which is above finished grade, and intended for use as an outdoor living area.

Demolition – The destruction, all or in part, of a building or structure.

Detached – A self contained and enclosed building which does not depend on shared or common walls with adjacent building or buildings.

District – A portion of the incorporated area of the City within which certain regulations and requirements, or various combinations thereof, apply under this Zoning Ordinance.

Domestic Unit – A collective number of individuals living together in one dwelling unit whose relationship is of a regular and permanent nature and having a distinct domestic character or a demonstrable and recognizable bond where each party is responsible for the basic material needs of the other and all are living and cooking as a single housekeeping unit. As herein defined, a domestic unit shall be given the same rights and privileges and shall have the same duties as a family, as defined herein for the purposes of construing and interpreting this chapter. Anyone seeking the rights and privileges afforded a member of a domestic unit by this ordinance shall have the burden of proof by clear and convincing evidence of each of the elements of a domestic unit.

Drive-In – A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, regardless of whether self-service is involved, rather than within a building or structure.

Driveway – An access roadway between a public street and a parking space, structure or lot.

Dwelling – Any house, room, apartment, boarding house/rooming house, which is wholly or partly used or intended to be used for living, sleeping, cooking, eating and sanitation. Hotels, motels, bed and breakfasts, country inns, and resorts shall not be defined as a dwelling.

Dwelling Unit – A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, Multiple Family – A building, or a portion thereof, designed exclusively for occupancy by three (3) or more families, living independently of each other.

Dwelling, One-Family Detached – A detached one-family dwelling is a building designed exclusively for, and occupied exclusively by, one (1) family.

Dwelling, One-Family Attached – A building divided vertically by a common wall extending from the foundation to the roof into two (2) or more attached dwelling units, each having a separate entrance.

Dwelling, Two-Family – A building designed exclusively for occupancy by two (2) families, living independently of each other.

Erected – Includes "built," "constructed," "altered," "reconstructed," "moved upon" or any physical operation on the premises that is required for construction. Excavation, 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 or collection, communication, supply or disposal systems. Such systems include towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety or welfare.

Excavation – A breaking of ground, except common household gardening and ground care.

Family – One or two individuals related by blood, marriage or adoption, with their direct lineal descendants or adopted children (and including the domestic employees thereof), occupying a dwelling unit in accordance with the standards of section 5.14. Anyone seeking the rights and privileges afforded a member of a family by this Code shall have the burden of proof by clear and convincing evidence of their family relationship.

Farm – All of the contiguous neighboring or associated land operated as a single unit on which farming as defined by the Michigan Right-to-Farm-Act is carried on directly by the owner-operator, manager, or tenant-farmer, by his own labor or with the assistance of members of his household or hired employees. Land to be considered a farm hereunder shall include a continuous parcel of not less than ten (10) acres in area. Farms may be considered as including establishments operated as greenhouses, sod farms, nurseries, orchards, chicken hatcheries, livestock/poultry farms, and apiaries; but establishments keeping fur-bearing animals, game, or operating fish hatcheries, confined animal feedlots, stone quarries, or gravel or sand pits shall not be considered farms hereunder unless combined with farm operation on the same continuous tract of land.

Fence – A vertical structure intended to prevent entrance, to confine, or to mark a boundary.

Filling – The depositing or dumping of any matter onto or into the ground, except that which is done in connection with common household gardening and ground care.

Floor Area – For the purpose of computing, the minimum allowable floor area in a residential dwelling unit, which is the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, non-habitable attached accessory buildings, garages, breezeways and enclosed and unenclosed porches.

Floor Area, Usable – For the purpose of computing parking, the usable floor area includes that area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for 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. For the purpose of computing parking for those uses not enclosed within a building, the area used for the sale or display of merchandise and/or the area used to serve patrons or clients shall be measured to determine necessary parking spaces.

Foster Care Facilities, Adult – A governmental or non-governmental establishment that provides foster care to adults. It include facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision or an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, 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, MCL 400.701, et. seq.; M.S.A. 16.610 (61), et. seq., as amended. The types of licensed Adult Foster Care Facilities include the following:

   (a)   Foster Care Small Group Home, Adult. A facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.

   (b)   Foster Care Large Group Home, Adult. A facility with the approved capacity to receive at least thirteen (13), but not more than twenty (20) adults, to be provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks for compensation.

   (c)   Foster Care Family Home, Adult. A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

   (d)   Foster Care Congregate Facility, Adult. An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.

Foster Family Facilities, Child – Means the following:

   (a)   Foster Family Home. A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code, Chapter X of Act No. 288 of the Public Acts of 1939, being Sections 710.21 to 710.70 of the Michigan Compiled Laws, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

   (b)   Foster Family Group Home. A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to Chapter X of Act No. 288 of Public Acts of 1939, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

Garage – A non-habitable attached or detached accessory building which is designed for the storage of private automobiles, materials, tools or other equipment necessary to maintain the property.

Grade – The degree of rise or descent of a sloping surface. See Figure 3 in the Appendix.

Grade, Finished – The final elevation of the ground surface after development.

Grade, Natural – The elevation of the ground surface in its natural state, before man-made alternations.

Gross Acres - The total site area, including the existing public road right-of-way.

Habitable – A building or a portion of a building which is constructed for permanent living, sleeping, eating, cooking and sanitation purposes (See also dwelling unit). Habitable space may be attached or detached from the main building.

Home Occupation – An occupation or profession carried on as a subordinate use by a member of a family residing on the premises and conducted entirely within the dwelling, which occupation or profession is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. In addition to this definition, an occupant of a one-family residence shall also be allowed to specifically give instruction in a craft or fine art within the residence, pursuant to Act 376 of the Public Acts of 1994, as amended.

Hospital, General – An installation providing health services primarily for in-patient medical or surgical care of the sick or injured, and includes related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are integral parts of the facilities.

Hotel – A building in which lodging, with or without meals, is offered to transient guests (no more than 6 months) for compensation and in which there are six (6) or more guest rooms. Such facilities may have in room cooking facilities providing all Building Code requirements have been satisfied.

Housekeeping Unit – A dwelling unit organized as a single entity in which the members of the household share common facilities.

Housing for the Elderly – A building or group of buildings containing dwellings intended for, and solely occupied by, elderly persons as defined by the Federal Fair Housing Amendments Act of 1988. Housing for the elderly may include independent and/or assisted living arrangements but shall not include nursing or convalescent facilities regulated by the State of Michigan.

Kennel, Commercial – A lot or premise on which three (3) or more animals are either permanently or temporarily boarded for a profit.

Kennels – any premises where more than three dogs, cats, or combination thereof, that are not owned by the property owner or tenant, are kept during the day or overnight in exchange for compensation.

Landscaping – The following definitions shall apply in the application of this Ordinance:

   (a)   Berm. A landscaped mound of earth that blends with the surrounding terrain.

   (b)   Buffer. A landscaped area composed of living material, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses. See Figure 4 in the Appendix.

   (c)   Conflicting Non-Residential Land Uses. Any non-residential land use, such as office, commercial, industrial, research, parking or public road right-of-way that abuts a residential land use. See Figure 5 in the Appendix.

   (d)   Conflicting Residential Uses. Any residential land use developed at a higher density that abuts a residential land use developed at a lower density. See Figure 5 in the Appendix.

   (e)   Greenbelt. A landscaped area, established at a depth of the minimum required front yard setback within a zoning district, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use. See Figure 6 in the Appendix.

   (f)   Opacity. The state of being impervious to sight.

   (g)   Plant Material. A collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines and ground cover.

Lighting, Exterior – The following words, terms and phrases related to lighting, when used in this Ordinance, shall have the following meanings, except where the context clearly indicates a different meaning:

   (a)   Canopy Structure. Any overhead protective structure that is constructed in such a manner as to allow pedestrians/vehicles to pass under.

   (b)   Flood or Spot Light. Any light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directed beam in a particular direction.

   (c)   Glare. Direct light emitted by a lamp, luminous tube lighting, or other light source.

   (d)   Lamp. The component of the luminaire that produces the actual light including luminous tube lighting.

   (e)   Light Fixture. The assembly that holds a lamp and may include an assembly housing, mounting bracket or pole socket, lamp holder, ballast, reflector or mirror, and a refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.

   (f)   Light Pollution. Artificial light that causes a detrimental effect on the environment, enjoyment of the night sky, or causes undesirable glare or unnecessary illumination of adjacent properties or uses.

   (g)   Light Trespass. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

   (h)   Luminaire. The complete lighting system including the lamp and light fixture.

   (i)   Luminous Tube Lighting. Gas filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.

   (j)   Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted, e.g. shoebox-type fixtures. A luminaire mounted in a recessed fashion under a canopy or other structure such that the surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this Ordinance.

Lot – A parcel of land, excluding any portion in a street or other right-of-way, of at least sufficient size to meet minimum requirements for use, coverage, lot area, and to provide such yards as herein required. See Figure 7 in the Appendix. Such lot shall have frontage on a public street, or on an approved private street, and may consist of:

   (a)   a single lot of record; or,

   (b)   a parcel of land described by metes and bounds.

Lot Area – The total horizontal area within the lot lines of the lot.

Lot, Corner – A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) streets is less than one hundred and thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this Zoning Ordinance if the arc is of less radius than one hundred (2) and fifty (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred and thirty-five (135) degrees.

Lot Coverage – That part or percentage of the lot occupied by buildings, including attached and detached accessory buildings.

Lot Depth – The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot, Through – Any interior lot having frontages on two (2), more or less, parallel streets, as distinguished from a corner lot. In the case of a row of through lots, all sides of such lots adjacent to streets shall be considered frontage, and front yards shall be provided as required. See Figure 7 in the Appendix.

Lot, Interior – Any lot other than a corner lot. See Figure 7 in the Appendix.

Lot Lines – The lines bounding a lot is defined as follows (see Figure 8 in the Appendix):

   (a)   Front Lot Line. In the case of an interior lot, that line separating the lot from the street right-of- way. In the case of a corner lot or a through lot, the "front lot line" is that line separating the lot from that street which is designated as the front street in the plat and in the application for a building permit.

   (b)   Rear Lot Line. That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long and lying farthest from the front lot line and wholly within the lot.

   (c)   Side Lot Line. A lot line other than the front lot line or the rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot of Record – A parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds at the time of adoption of this Zoning Ordinance.

Lot Width – The horizontal distance between the side lot lines, measured at the two (2) points where the required front setback intersects the side lot lines.

Main Building – A building in which is conducted the principal use of the lot upon which it is situated.

Main Use – The principal use to which the premises are devoted and the principal purpose for which the premises exist.

Maneuvering Space – An open space in a parking area that is immediately adjacent to a parking space, is used for and/or is necessary for turning, backing, or driving forward a motor vehicle into such parking space but is not used for the parking or storage of motor vehicles.

Manufactured Home – The following terms shall apply:

   (a)   Mobile Home. A detached portable one-family dwelling, prefabricated on its own chassis and intended for long-term occupancy. The unit contains sleeping accommodations, a flush toilet, a washbasin, a tub or shower, eating and living quarters. It is designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and connected to existing utilities.

   (b)   Modular Home. A structure whose parts are manufactured separately off-site, but fitted together on a site with a permanent residential foundation.

   (c)   Pre-Manufactured Home. A structure which is capable of being occupied exclusively as a dwelling and which is comprised of pre-fabricated components which are manufactured off-site, transported and erected on a lot.

Master Plan – The comprehensive land use plan, including graphic and written proposals, indicating the general location of streets, parks, schools, public buildings and all physical development of the City, and includes any unit or part of such Plan and any amendment to such Plan or parts thereof. The Planning Commission shall adopt such plans.

Mausoleum – A building or other structure used as a place for the interment of the dead in sealed crypts or compartments.

Mezzanine – An intermediate level between the floor and ceiling of any story with an aggregate floor area of no more than one-third (1/3) of the area of the room in which the level or levels are located.

Microbrewery – A facility that brews between 18,000 and 60,000 barrels per year for off-premise consumption.

Mobile Home Park – Any parcel of land intended and designed to accommodate more than one (1) mobile home for living use which is offered to the public for that purpose; and any structure, facility, area, or equipment used or intended for use incidental to that living use.

Motel – A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Such units shall provide for overnight lodging, are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.

Net Acres – The gross acres or total site area, excluding the existing public road right-of-way.

Nonconforming Building – A building or portion thereof, existing on the effective date of this Zoning Ordinance, or amendments thereto, that does not conform to this Zoning Ordinance in the district in which it is located.

Nonconforming Use – A use that lawfully occupies a building or land on the effective date of this Zoning Ordinance, or amendments thereto, that does not conform to the use regulations of the district in which it is located.

Non-Habitable – A building or a portion of a building which cannot be defined as a dwelling unit whether attached or detached from the main building.

Nudity or State of Nudity – Nudity or State of Nudity means the showing or either of the following:

   (a)   The human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;

   (b)   The female breast with less than a fully opaque covering on a part of the nipple.

Nursery, Plant Material – A space, building or structure, or a combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.

Nursing or Convalescent Home – A state licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under State law even though State law has different size regulations.

Occupant – Any individual living or sleeping in a building, or having possession of a space within a building.

Off-Street 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 there from.

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 (2) vehicles.

Off-Street Parking Space – An area of definite length and width, exclusive of drives, driveways, aisles or entrances giving access thereto, fully accessible for the storage or parking of permitted vehicles. See Figures 9-11 in the Appendix.

Off-Street Stacking Spaces – An area designated for vehicles waiting to enter a drive-through facility. See Figure 12 in the Appendix.

Operator – Operator means and includes the owner, permit holder, custodian manager, operator or person in charge of any sexually oriented business.

Parking lot – A total surface area on 1 parcel of 1,200 or more square feet or 5 parking spaces used for parking and maneuvering of motor vehicles and which shall also include unenclosed parking structures.

Parking space – A private area designed or used for the parking of a motor vehicle and properly accessed from a public street by a driveway or private street.

Paved Surface Area – An area covered with cobblestone, clay-fired bricks, concrete precast paver units (including, but not limited to, grasscrete), poured concrete with or without decorative surface materials, blacktop, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.

Person – Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Plot Plan – A plot plan shall include the following:

   (a)   The actual shape, location and dimensions of the lot;

   (b)   The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structure already on the lot;

   (c)   The existing and intended use of the lot and all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate; and

   (d)   Such other information concerning the lot or adjoining lots as may be essential for determining whether or not this Zoning Ordinance is being complied with.

Porch, Enclosed – A roofed and potentially heated structure projecting from the exterior walls adjacent to an entrance to the building with walls that are more than 50% enclosed with permanent and/or removable windows, also referred to as a three season porch. When accessibility is limited to the interior of the structure, it may be referred to as a sleeping porch.

Porch, Unenclosed – A roofed, unheated structure projecting from the exterior walls adjacent to the entrance of the building with walls that are at least 50% open and unenclosed except for insect screening or retractable shades. These structures, also known as an open gallery or veranda, are principally used as outdoor living areas.

Portico – An open, covered or uncovered, level space located above grade between the front steps and the front door, also known as a stoop.

Principal Use – The main use to which the premises are devoted and the main purpose for which the premises exist.

Public Park – Public land which has been designated for park or recreational activities including a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City, which is under the control, operation, or management of the City, the County Board of Commissioner's, the State of Michigan, or the U.S. Government.

Public Utility – A person, firm or corporation, or a Municipal department, board or commission, duly authorized to furnish and furnishing, under governmental regulations, to the public, the following: gas, steam, electricity, sewage disposal, communication, transportation or water.

Recreational Equipment – One (1) or more of the following, or modifications thereof: travel trailer, camp trailer, tent trailer, camper, pop-up camper, folding tent trailer, utility trailer, boat, boat trailer, personal water craft, float and/or raft, including transportation equipment, manufactured motorized home, manufactured motor bus, all designed to be used as a temporary dwelling for travel, recreational and vacation use or periodical and occasional family recreational and vacation use.

Religious Institution – Religious institution means any church, synagogue, mosque, temple or other similar building, which is used primarily for religious worship and related religious activities.

Residential District – Residential district means any zoning district that permits residential dwellings such as: single-family detached, single-family attached and multiple family dwellings.

Residential Rental Structure – Any building that contains one or more residential rental units regardless of whether or not one of the units is occupied by the owner.

Residential Rental Unit – Any apartment, room, rooming house, boarding house, dwelling house, or portion thereof or any condominium unit for which a person or group of person pays rent directly or indirectly to the owner thereof for the purpose of a person to reside therein. This definition includes one- and two-family dwellings, multiple and multi-family dwellings, apartment units, flats, rooming house rooms, and boarding houses. This definition does not include hotels and motels licensed and inspected by the state, bed and breakfast establishments, or country-inn establishments.

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 restaurant, drive-in restaurant, drive-through restaurant, standard restaurant, tavern or sidewalk café, or a combination thereof, as defined below:

   (a)   Carry-out Restaurant. A restaurant whose method of operation involves the 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.

   (b)   Drive-in Restaurant. A 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.

   (c)   Drive-through Restaurant. A restaurant whose method of operation involves the delivery of prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises.

   (d)   Standard Restaurant. A restaurant whose method of operation involves either:

      (1)   The delivery of prepared food by wait staff to customers seated at tables within a completely enclosed building; or

      (2)   The acquisition by customers of prepared food at a cafeteria line and its subsequent consumption by the customers at tables within a completely enclosed building.

   (e)   Tavern. A type of restaurant that is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a tavern is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

   (f)   Sidewalk Café. An area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way exclusively for dining, drinking, and pedestrian circulation. The encroachment area of a sidewalk café may be separated from the remainder of the sidewalk by railings, fencing, or landscaping planter boxes or a combination thereof.

Rooming House – A building, other than a hotel or dormitory, which is not occupied as a one- or two-family dwelling, containing rooming units, where for compensation and by prearrangement for definite periods, lodging is provided for 2 or more roomers.

Rooming Unit – Any room or group of rooms forming a single habitable unit, but which does not contain any cooking facilities.

Salvage Yard – An open area where waste, used or second-hand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. "Salvage yard" includes automobile wrecking yards and any area of more than two hundred (200) square feet used for the storage, keeping or abandonment of salvaged materials, but does not include uses established entirely within enclosed buildings.

School – Any public or private educational facility including child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

Self-Storage Facility – A building consisting of individual, small self-contained units that are leased for the storage of personal and household goods.

Setback – The distance required to obtain the front, side or rear yard open space provided for in this Zoning Ordinance. See Figure 13 in the Appendix.

Sexually Oriented Business – An establishment that provides adult entertainment appealing to the sexual interests of its customers. Sexually Oriented Businesses and their operational characteristics are further defined as follows:

   (1)   Adult Arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, internet or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of "sexually explicit activities" or "specific anatomical areas".

   (2)   Adult Bookstore of Adult Video Store means an establishment which offers for sale or rental for any form of consideration, as one of its principal business purposes, any one or more of the following:

      (a)   Books, computer diskettes, tapes or hard drives, magazines, periodicals or other printed matter or photographs, films, motion pictures, video matter or photographs, cassettes or video reproductions, slides or other visual representation which depict or describe "sexually explicit activities" or "specified anatomical areas"; or

      (b)   Instruments, devices or paraphernalia which are designed for use in connection with "sexually explicit activities"; or

      (c)   Items, materials, gimmicks, or paraphernalia depicting, displaying, advertising or packaged as "sexually explicit activities" or depict or describe "specified anatomical areas".

      (d)   For purposes of this Section, "principal business purpose" means:

         (i)   The devotion of a significant or substantial portion, meaning at least twenty-five (25%) percent of its in-store inventory (either measured by display area or retail value) in the items listed above; or

         (ii)   The receipt of twenty-five (25%) percent of more of its revenues from the sale of the items listed above; or

         (iii)   The devotion of a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing, of books, magazines, periodicals or other printed matter, or photographs, film, motion pictures, video cassettes, compact discs, slides or other visual representations, items, materials, gimmicks, or paraphernalia which are characterized by the depiction, description display, advertising or packaging of "sexually explicit activities" or "specified anatomical areas".

      (e)   An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "sexually explicit activities" or "specified anatomical areas", and still be characterized as an adult book store, adult novelty or retail store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store, so long as the establishment falls within the definition of an adult bookstore, adult novelty store or adult video store as set forth above.

   (3)   Adult Cabaret means a nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are sold, which features:

      (a)   persons who appear in a state of restricted nudity; or

      (b)   live performances, exhibitions, shows, dances, revues, floorshows, songs or other similar presentation which are characterized by the partial exposure of "specified anatomical areas"; or

      (c)   films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas".

      (d)   This definition does not include a theater which features occasional live nude performances with serious literary, artistic or political value and that have no adverse secondary effects.

   (4)   Adult Massage Parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other manipulation of the human body occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. An Adult Massage Parlor, in contrast to a Myotherapy Establishment, is considered a sexually oriented business for purposes of these regulations.

   (5)   Adult Motel means a hotel, motel or similar commercial establishment which:

      (a)   offers accommodations to the public for any form of consideration and provide patrons with closed-circuit television transmission, films, motion pictures, video cassettes, compact discs, slides or other photographic reproductions which are regularly characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas"; or which advertises the availability of this adult type of material by means of a sign, visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, internet or television; or

      (b)   permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electric transmission over the World Wide Web; or

      (c)   offer a sleeping room for rent for a period of time that is less than ten (10) hours; or

      (d)   allow a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

   (6)   Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, compact discs, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "sexually explicit activities" or "specified anatomical areas".

   (7)   Adult Theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by the performance of "sexually explicit activities". This definition does not include a theater which features occasional live nude performances with serious literary, artistic or political value and that have no adverse secondary effects.

   (8)   Adult Use Business means an adult arcade, adult bookstore, adult novelty or retail store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio and/or a sexual encounter establishment or any business determined by the Building Official, City Manager, and/or the Chief of Police, to be an adult use, due to the activities of the business which involve characteristic of adult uses, such as nudity, semi-nudity, exposure of "sexually explicit activities" and/or "specified anatomical areas". The definition of "adult use business" shall not include an establishment where a medical practitioner, psychologist, psychiatrists or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

   (9)   Employee means a person who works or performs in and/or for an adult use business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

   (10)   Entertainer means a person who performs some type of activity or pose with the intent of allowing others to witness that activity or pose.

   (11)   Escort means a person, who for consideration in any form, agrees or offers to act as a companion guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing, the performance of a dance or skit, or the providing of specified sexual activities for another person. Under this definition, "privately" shall mean a performance for an individual, or that individual's guests.

   (12)   Escort Agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

   (13)   Establishment means and includes any of the following:

      (a)   the opening or commencement of any sexually oriented business as a new business;

      (b)   the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

      (c)   the location or relocation of any sexually oriented business.

   (14)   Licensee means the individual listed as an applicant on the application of a sexually oriented business license, or a person whose name a license to operate an adult use business has been issued.

   (15)   Licensing Officer means the Clerk of the City of Howell or his/her designee.

   (16)   Manager means an operator, other than a licensee, who is employed by a sexually oriented business to act as a manager or supervisor of employees, or is otherwise responsible for the operation of the sexually oriented business.

   (17)   Massage means the treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided shall pay any consideration whatsoever therefore. For purposes of this Ordinance, the term "bodywork" shall mean massage.

   (18)   Myotherapy Establishment means any individual, group of individuals, person or business which engages in the practice of massage as defined herein, and which has a fixed place of business where any person, firm, association, partnership, limited liability company or corporation carries on any of the activities as defined herein. Myotherapy establishment shall also include, but not be limited to, a Turkish bath parlor, steam bath, sauna, magnetic healing institute, health club, health spa, or physical fitness club or business that offers massages on occasion or incidental to its principal operation, as well as an individual's home where a person is engaged in the practice of massage for consideration. The definition of sexually oriented business shall not include the practice of massage in a licensed hospital, sanitarium, nursing home, medical clinic or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker and family counselor, who are licensed to practice their respective professions in the State of Michigan, or who are permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State of Michigan, clergymen, certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation. A Myotherapy Establishment engaged in the practice of massage as defined herein is considered a Regulated Use but not a sexually oriented business for purposes of these regulations.

   (19)   Nude Model Studio means any place where a person appears in a state of nudity or displays "specific anatomical areas", and is provided money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons. This includes modeling studios that provide for nude modeling on an occasional basis, but it does not include modeling studio whose primary function is to provide art classes as part of a college, university or educational institution and which is certified by the State of Michigan.

   (20)   Operator means the owner, licensee, manager or person in charge of any premises.

   (21)   Peep Booth means an adult motion picture theater with a viewing room or cubical of less than one hundred fifty (150) square feet of floor space.

   (22)   Premises or Licensed Premises means any premises that requires a sexually oriented business license and that is classified as a sexually oriented business.

   (23)   Principal Owner means any person owning, directly or beneficially: a) ten percent (10%) or more of a corporation's equity securities; b) ten percent (10%) or more of the membership interests in a limited liability company; or c) in the case of any other legal entity, ten percent (10%) or more of the ownership interests in the entity.

   (24)   Private Room means a room in a hotel/motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

   (25)   Semi-Nude means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   (26)   Sexual Encounter Center means a business or commercial enterprise that, as one (1) of its primary business purposes, offers a place where two (2) or more persons may congregate, associate or consort for the purpose of "sexually explicit activities" or the exposure of "specified anatomical areas" for any form of consideration, including, but not limited to:

      (a)   physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or

      (b)   activities when one or more of the persons is in a state of nudity or semi-nudity; or

      (c)   permits patrons to display or be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for recording or transmission over the World Wide Web or any other media.

   (27)   Sexually Explicit Activities means and includes any of the following:

      (a)   the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or

      (b)   sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation or sodomy; or

      (c)   masturbation, actual or simulated; or

      (d)   any activity intended to arouse, appeal to or gratify a person's lust, passions or sexual desires; or

      (e)   human genitals in a state of sexual stimulation, arousal or tumescence; or

      (f)   excretory function as part of or in connection with any of the activity set forth in (a) through (e) above.

   (28)   Sexually Oriented Business means an adult arcade, adult bookstore or adult video store, adult novelty or retail store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or similar establishment or any place that permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the World Wide Web, film, motion picture, videocassette, DVD or other photographic reproduction. "Sexually oriented" when used to describe film, motion picture, videocassette, DVD, slides, or other photographic reproductions shall mean film, movies, motion picture, videocassette, DVD, slides or other photographic reproductions that regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing "sexually explicit activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

   (29)   Specified Anatomical Areas means and includes any of the following:

      (a)   less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, or female breast or breasts of any portion thereof that is situated below a point immediately above the top of the areola, or any combination of the foregoing; or

      (b)   human genitals in a state of sexual arousal, even if opaquely and completely covered.

   (30)   Specified Criminal Acts means sexual crimes against children, sexual abuse, criminal sexual conduct, rape, crimes classified as sexual crimes by the State of Michigan or any other state, or crimes connected with another adult use business, including, but not limited to, the distribution of obscenity, prostitution and/or pandering.

   (31)   Significant or Substantial Portion means twenty-five percent (25%) or more of the term modified by such phrase.

   (32)   Substantial Enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists on the date of adoption of this ordinance.

   (33)   Tenant Space – Tenant Space means a securable area separated from other area by walls and doors that are available for lease or rent within a multi-tenant building, such as tenant spaces typically found within a shopping mall or strip.

   (34)   Transfer of Ownership or Control of a sexually oriented business means and includes any of the following:

      (a)   the sale, lease or sublease of the business;

      (b)   the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

      (c)   the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Shed – A self contained and enclosed single story building of less than or equal to 200 square feet which does not depend on shared or common walls with adjacent building or buildings.

Sign – A display or illustration which is affixed to, or painted on, or otherwise located or set upon or in a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business and which is visible from any public street, sidewalk, alley, park, public property or from other private property. The definition includes interior signs that are directed at persons outside the premises of the sign owners and exterior signs, but not signs primarily directed at persons within the premises of the sign owners. The definition does not include goods for sale displayed in a business window. All such amenities are defined as follows:

   (a)   Freestanding Sign. A sign that is attached to or part of a completely self-supporting structure. The supporting structure shall be placed in or below the ground surface and not attached to any building or any other structure whether portable or stationary.

   (b)   Projecting Sign. A sign other than a wall sign, which is perpendicularly attached to, and projects from a structure or building wall not specifically designed to support the sign.

   (c)   Portable Sign. A single or double surface painted or poster panel-type sign or some variation thereof, which is easily movable and not permanently attached to the ground or a building.

   (d)   Roof Sign. Any sign wholly erected to, constructed or maintained on the roof structure of any building.

   (e)   Suspended Sign. A sign that is suspended or hung from the underside of an eave, porch roof or awning.

   (f)   Promotional Banner. A temporary sign made of fabric, cloth, paper or other non-rigid material that is typically not enclosed in a frame.

   (g)   Wall Sign. Any sign that shall be affixed parallel to the wall or window or printed or painted on the wall or window of any building. However, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this Ordinance, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

   (h)   Canopy Sign. A sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits of the canopy.

   (i)   Window Sign. A sign installed inside a window and intended to be viewed from the outside.

   (j)   Business Center Sign. A freestanding or wall sign that serves a business center. A business center shall be considered a group of two (2) or more stores, offices, research facilities or manufacturing facilities which collectively have a name different than any individual establishment and which have common parking and entrance facilities. A business center may also be considered a nonresidential platted subdivision or site condominium development, such as an industrial or office park.

   (k)   Sign Surface. That part of the sign upon, against, or through which the message is displayed or illustrated.

   (l)   Total Surface Area of the Sign. The sum total of all exterior surfaces of the sign, computed in square feet. In the case of a broken sign (a sign with open spaces between the letters, figures, numbers or symbols) the total surface area shall be measured by multiplying the height of the individual letters or combination of letters by the distance between the outer edges of the two (2) outermost letters, figures, numbers or symbols.

   (m)   Banners and Flags. Considered part of a sites signage and shall include all removable fabric, cloth, paper or other non-rigid material suspended or hung from light poles, buildings or other site amenities.

   (n)   Drive-in or drive-through Sign. A sign that is accessory to a drive-in or drive-through that may contain a communication system.

   (o)   Electronic Message Sign (EMS). A sign or portion of a sign, that displays an electronic image or video, which may or may not include text, introducing any sign or portion of a sign that uses changing lights or similar forms of electronic display such as LED to form a sign message with text and or images wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. This definition includes without limitation television screens, plasma screens, digital screens, flat screens, LED displays, video boards, and holographic displays.

   (p)   Sign Message Area. A sign message is the same as the total surface area of the sign but relates exclusively to digital/electronic signs and may include graphics as well as text.

   (q)   Abandoned Sign. A sign that is located on either property or serves a building that is vacant for six (6) months or more shall be presumed to be abandoned and shall be deemed a nuisance per se.

Site Plan – A scaled drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed on a lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, utility lines, of a special or particular use.

Small Distiller – A facility that manufactures up to 60,000 gallons of spirits per year.

Small Wine Producer – A facility that manufactures up to 50,000 gallons of wine per year.

Special Accommodation Use – A use that provides equal housing opportunities particularly suited to the needs of persons entitled to a reasonable accommodation under state or federal law, such as but not limited to, the Federal Fair Housing Act, as amended, 42 USC § 3604(f)(1) et seq., the Americans with Disabilities Act, as amended, 42 USC § 12131 et seq., and the Rehabilitation Act, as amended, 29 USC § 794(a). The definition of special accommodation use shall be applicable to various types of transitional and permanent homes or living arrangements which occupy dwellings or other structures and may include, but not be limited to, adult foster care large group homes and congregate facilities, and sober living homes.

Spouse Abuse/Domestic Violence Shelter – A structure owned or leased by a nonprofit entity for the purpose of providing short-term shelter care for abused individuals and their children, which structure may also contain an office for the administrative staff of such nonprofit entity.

Story – That part of a building, except a mezzanine, included between the upper surface of a floor and the upper surface of the floor or roof next above. A story thus defined shall not be counted as a story when more than fifty (50) percent of its area, by cubic content, is below the height level of the adjoining ground. See Figure 14 in the Appendix.

Story, Half – An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four (4) feet above the floor, does not exceed two-thirds (2/3) of the floor area in the story directly below, and the height of which above at least two hundred (200) square feet of floor space is seven (7) feet and six (6) inches tall.

Street – A public thoroughfare (such as a street, avenue or boulevard) that affords the principal means of access to abutting property.

Structure – Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, but not including pavements, curbs, walks or open air surfaced areas or moving vehicles.

Structure, Historic.

   (a)   Significant Historic Structures. Those structures which are identified by any study conducted by the City to determine the historic value of those buildings that contribute significantly to the character of the City. All such structures retain a basic integrity of architectural design, setting, materials and workmanship. Such structures are identified with important persons, events or types of service, or embody the distinguishing characteristics of an architectural specimen, inherently valuable as a representation of a period, style or method of construction.

   (b)   Contributing Historic Structures. Those structures which, while not possessing the importance of significant historic structures, make a positive contribution to the purpose of this Zoning Ordinance due to age or physical integrity. With appropriate repairs and restoration, such structures may be designated significant at the request of the owners.

   (c)   Historic Structures. Those structures which were constructed fifty (50) years or greater from the current date which may or may not be considered significant or contributing.

   (d)   Noncontributing Structures. A noncontributing structure means all structures not identified as significant or contributing.

Swimming Pool – Any structure intended for swimming, recreational bathing or wading that contains water over twenty-four (24) inches deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

Temporary Use or Building – A use or building permitted under Section 3.08 to exist during periods of construction of the main building or use, or for special events.

Tenants – Occupants, lessees, and/or persons residing in a residential rental structure or residential rental unit.

Terrace – An open, uncovered level space at ground level that is either natural or man-made, also know as a patio.

Transitional Housing Facility – For the purposes of this Ordinance, "Transitional Housing Facility" means the offering to others for purposes of occupancy through rental or lease agreements, or by other mutually acceptable agreements leading to occupancy, the occupancy of dwelling units in any form to two or more individuals who do not meet the qualifications of a "family" as defined in the City of Howell Code of Ordinances, Article Six, Chapter 1240, Zoning, Section 2.02.

   "Transitional housing facility" does not include: (1) a "domestic unit" under Chapter 1240, Zoning, Section 2.02 and Section 5.14 of the City Code, whether licensed by the state, county or otherwise; (2) any facility owned and operated directly by the Federal Bureau of Prisons; (3) an adult foster care home of six (6) persons or less licensed under the Michigan Adult Foster Care Licensing Facilities Act, MCL 400.701 et seq. or (4) a use granted a Special Accommodation under Section 6.29 containing six (6) persons or less.

Use – The permitted or specially permitted purpose, as specified in the Zoning Ordinance, for which any land or building is occupied, arranged, designed or intended.

Veterinary Clinic – A place where animals are given medical or surgical treatment, with use as a kennel limited to short-term boarding that is incidental to the medical use, all within an enclosed building.

Visibility at Intersections – The portion of a corner lot that shall be maintained free of any structures or plantings to ensure sufficient visibility for motor vehicles. See Figure 15 in the Appendix.

Wall – An artificially constructed barrier made of impenetrable materials or combination of materials erected to enclose or screen areas of land.

Wireless Communication Facilities – Means and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to: radio towers; 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, amateur radio facilities; satellite dishes; and governmental facilities which are subject to State or Federal law or regulations which preempt municipal regulatory authority. For purposes of this Ordinance, the following additional terms are defined:

   (a)   Attached Wireless Communications Facilities. Facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

   (b)   Wireless Communication Support Structures. Structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

   (c)   Collocation. The location by two (2) or more wireless communication providers of wireless communication facilities on a common structure, tower or building, with the view toward reducing the overall number of structures required to support wireless communication antennas with the City.

Yards – The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Ordinance, defined as follows:

   (a)   Front Yard. A space extending the full width of the lot, the depth of which is the horizontal distance between the front lot line and the nearest line of the main building. In the case of a corner lot or a through lot, the front yard is that line separating the lot from that street which is designated as the front street in the plat and in the application for a building permit. This yard shall also be referred to the addressed side of the lot.

   (b)   Rear Yard. A space extending the full width of the lot, the depth of which is the horizontal distance between the rear lot line and the nearest line of the main building, and opposite the front lot line that is the addressed side of the lot.

   (c)   Side Yard. A space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.

Zoning Administrator – The administrative official designated by the City Council to enforce the Zoning Ordinance, or a duly authorized representative.

ARTICLE 3 ADMINISTRATION AND ENFORCEMENT

• Section 3.01 Zoning Administration.

   This Zoning Ordinance shall be administered and enforced by the Zoning Administrator or by such deputies as the Administrator may delegate to enforce this Zoning Ordinance.

• Section 3.02 Duties.

   The Zoning Administrator shall:

   (a)   Receive and review for completeness all applications for site plan review and special land uses which the Planning Commission is required to decide under this Ordinance and refer such applications to the Planning Commission for determination.

   (b)   Receive and review for completeness all applications for appeals, variances, or other matters which the Zoning Board of Appeals is required to decide under this Ordinance and refer such applications to the Zoning Board of Appeals for determination.

   (c)   Receive and review for completeness all applications for amendments to this Ordinance and refer such applications to the Planning Commission and City Council for determination.

   (d)   Make periodic site inspections to determine Ordinance compliance, and answer complaints on Zoning Ordinance violations.

   (e)   Implement the decisions of the Planning Commission and City Council.

   (f)   The building numbers, also known as the address, shall be set by the Zoning Administrator, following coordination with the Building Official, and upon submittal of a building permit application.

• Section 3.03 Special Land Uses .

   (a)   When the Zoning Administrator receives an application for a special land use, the procedure for public hearing notification shall follow the procedures set forth in Section 3.13 of this ordinance.

   (b)   When the Zoning Administrator receives an application for a special land use, the following procedure shall be followed:

      (1)   One (1) notice indicating that a request for a special land use has been received shall be published in a newspaper of general circulation within the City no less than fifteen (15) days before the Planning Commission meeting.

      (2)   Notices indicating that such a request has been received will also be sent by mail or personal delivery to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property for which a special land use has been requested. Notices will also be sent by mail or personal delivery to the occupants of structures located within three hundred (300) feet of the property in question. If the name of an occupant is not known, the term "Occupant" may be used in making notification. Notices to property owners and occupants shall not be given less than fifteen (15) days before the special land use application is considered by the Planning Commission.

      (3)   Notification referred to in paragraph (b)(2) hereof need not be given to more than one (1) occupant of a structure. However, if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who then shall be requested to post the notice at the primary entrance to the structure. The notice shall:

         A.   Describe the nature of the special land use request;

         B.   Indicate the property that is the subject of the special land use request;

         C.   State when and where the special land use public hearing will be held; and

         D.   Indicate when and where written comments will be received concerning the request.

   (c)   A public hearing shall be held by the Planning Commission for all special land use requests. Notification as required in subsection (b) hereof, shall be provided before a decision is made on the special land use request.

   (d)   The Planning Commission may deny, approve, or approve with conditions, requests for special land use. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The statement shall specify the findings and conclusions for the basis for the decision and any conditions imposed.

   (e)   The Planning Commission shall review the proposed special land use in terms of the standards stated within this subsection and shall establish that such use and the proposed location comply with the following criteria:

      (1)   Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan;

      (2)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area;

      (3)   Will not be hazardous or disturbing to existing or future nearby uses;

      (4)   Will be an improvement in relation to property in the immediate vicinity and to the community as a whole;

      (5)   Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility;

      (6)   Will not create excessive additional public costs and will not be detrimental to the economic welfare of the community; and

      (7)   Will be consistent with the intent and purposes of this Zoning Ordinance.

   (f)   The Planning Commission may impose additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for ensuring that the purposes of this Zoning Ordinance and the general spirit and purpose of the district in which the special land use is proposed will be observed.

   (g)   Any special land use approval given by the Commission, shall become null and void unless construction and/or use is commenced within one (1) year. Any special land use that has been commenced but abandoned for a period of one (1) year, shall lapse and cease to be in effect.

   (h)   The Planning Commission may authorize a 12-month extension of the time limit to begin construction or commence the use of any special land use if in the Commission’s view the conditions supporting the special land use are still applicable. The applicant must submit a request to the Planning Commission in writing a least one month prior to the expiration of the Site Plan under subsection (g) above.

• Section 3.04 Site Plan Review.

   Site plan review and approval of all development proposals within specific zoning districts shall be required as provided in this section. The intent of this section is to provide for consultation and cooperation between the developer and the Planning Commission so that both parties might realize maximum utilization of land and minimum adverse effect upon the surrounding land uses. Through the application of the following provisions, the attainment of the Master Plan will be assured and the City will develop in an orderly fashion.

   (a)   Site Plan Review Required. A site plan shall be submitted to the Commission for review and approval for the following:

      (1)   Any permitted use or special land use within the City, except one-family detached and two- family dwellings and their accessory buildings and uses;

      (2)   Any use or development for which the submission of a site plan is required by any provision of the City's Ordinances;

      (3)   Any change and/or conversion of use as permitted and regulated by this Ordinance that may result in a modification to off-street parking, traffic circulation, services, facilities or other physical conditions on the site;

      (4)   Any use or development subject to the Michigan Condominium Act, Act 59 of the Public Acts of 1978, as amended; and

      (5)   Any addition to an existing principal or accessory building within the City, except one-family detached dwellings and their accessory buildings and uses.

   (b)   Site Plan Review Standards. The site plan shall be reviewed in accordance with the following standards:

      (1)   The proposed design will not be injurious to the surrounding neighborhood or impede the normal and orderly development of surrounding property for uses permitted by the City's Ordinances.

      (2)   The location, design and construction materials of all buildings and structures will be compatible with the topography, size and configuration of the site, and the character of the surrounding areas.

      (3)   There will be a proper relationship between streets, sidewalks, service drives, driveways and parking areas protecting the safety of pedestrians and motorists.

      (4)   The location of buildings, outside storage receptacles, parking areas, screen walls and utility areas is such that the adverse effects of such uses will be minimized for the occupants of that use and the occupants of surrounding areas.

      (5)   City requirements and standards for streets, lighting, driveway approaches, grading, surface drainage, storm sewers, storm water retention facilities, water mains, sanitary sewers and necessary easements will be met.

      (6)   All buildings or groups of buildings will be so arranged as to permit emergency vehicle access by some practical means to all sides.

      (7)   Appropriate site design measures have been taken which will preserve and protect the landscape, existing topography, natural resources and natural features such as lakes, ponds, streams, wetlands, steep slopes, groundwater recharge areas and woodlands.

      (8)   Sites which include storage of hazardous materials or waste, fuels, salt or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, ground water or nearby water bodies.

      (9)   Landscaping, including greenbelts, trees, shrubs and other vegetative materials, is provided to maintain and improve the aesthetic quality of the site and the area.

      (10)   The proposed use is in compliance with the City's Ordinances and any other applicable standards and laws.

   (c)   Information Required on Site Plan. A site plan submitted for review shall contain all of the following data prior to its submission to the Commission for review and approval:

      (1)   General Information.  

         A.   Plans drawn to a scale of not less than one (1) inch equals fifty (50) feet for property less than three (3) acres or not less than one (1) inch equals one hundred (100) feet for property three (3) acres or more;

         B.   The proprietors', applicants' and owners' names, addresses and telephone numbers;

         C.   The date (month, day, year), title block, scale and north arrow;

         D.   The signed professional seal, name and address of the architect, engineer, surveyor, landscape architect or planner responsible for the preparation of the plan;

         E.   The zoning district classification of the petitioner's parcel and all abutting parcels;

         F.   Pertinent area, height, lot coverage and setback requirements of the zoning district in which the parcel is located; and

         G.   A legal description, including a gross acreage figure;

      (2)   Physical Features.  

         A.   Existing and proposed lot lines, building lines, structures and parking areas on the parcel and within one hundred (100) feet of the site;

         B.   The location of existing and proposed traffic and pedestrian circulation facilities, including:

            i.   Centerline and existing and proposed right-of-way lines of abutting streets;

            ii.   Access drives;

            iii.   Service drives;

            iv.   Fire lanes;

            v.   Street intersections;

            vi.   Acceleration, deceleration and passing lanes and approaches;

            vii.   Sidewalks and pedestrian paths; and

            viii.   Curbing.

         C.   The location of existing and proposed service facilities above and below ground, including:

            i.   Chemical and fuel storage tanks and containers;

            ii.   Storage, loading and disposal areas of chemicals, hazardous substances, salt and fuels;

            iii.   Water mains, hydrants, pump houses, standpipes and building services and sizes;

            iv.   Sanitary sewers and pumping stations;

            v.   Stormwater control facilities and structures, including storm sewers, swales, retention/detention basins, drainage ways and other facilities, including calculations for sizes;

            vi.   Existing and proposed easements; and

            vii.   Public utility distribution systems.

         D.   Dimensioned floor plans, finished floor elevations, typical elevation views and specifications of building materials of all buildings;

         E.   Dimensioned parking spaces and calculations, drives and type of surfacing;

         F.   Exterior lighting locations, type of light and illumination patterns;

         G.   The location and description of all existing and proposed landscaping, berms, fencing and walls;

         H.   The trash receptacle pad location and the method of screening;

         I.   The transformer pad location and the method of screening;

         J.   Sign locations, height and size; and

         K.   Any other pertinent physical features.

      (3)   Natural Features.  

         A.   For parcels of more than one (1) acre, existing and proposed topography with a maximum contour interval of two (2) feet on the site and beyond the site for a distance of one hundred (100) feet in all directions;

         B.   The location of existing drainage courses and associated bodies of water, on and off site, and their elevations; and

         C.   The location of natural resource features, including wetlands and woodlands.

      (4)   Additional Requirements for R-M Districts.

         A.   Density calculations by type of unit;

         B.   Designation of units by type and number of units in each building;

         C.   Carport locations and details where proposed; and

         D.   Details of community building and recreational facilities.

         E.   Where deemed necessary the Planning Commission may require an applicant to provide a traffic study, economic feasibility study and/or other analyses to help determine the viability of the proposed project.

      (5)   Additional Requirements for O-1, CBD, B-1, B-2, I-1 and I-2 Districts.  

         A.   Loading/unloading areas;

         B.   Total and usable floor area; and

         C.   Number of employees, customers, clients or patients in peak usage.

         D.   Where deemed necessary the Planning Commission may require an applicant to provide a traffic study, economic feasibility study and/or other analyses to help determine the viability of the proposed project.

   (d)   Application Procedure. An application for site plan review shall be processed in the following manner:

      (1)   All site plans shall be submitted to the Zoning Administrator by the third Wednesday of each month in order to be considered for the following month’s Planning Commission agenda and must contain the following to be accepted:

         A.   A completed application signed by the owner. If the owner is not the applicant, the signature of the owner required on the application shall constitute authorization for representation by the applicant. If the owner is a corporation, the application must be signed by a corporate officer. If the owner is a partnership, the application must be signed by a general partner. If the owner is an individual, each individual owner must sign the application.

         B.   Sufficient copies of the site plan as determined by the Zoning Administrator, as well as all of the required fees.

         C.   All items required by subsection (c) hereof.

      (2)   Upon receipt of the site plan, the following shall apply:

         A.   The Zoning Administrator, upon determining that the application is informationally complete, shall forward a copy of the site plan and application to the appropriate City departments, the City Planning and Engineer for their concept plan review;

         B.   Prior to submission to the Commission, the Zoning Administrator shall schedule a meeting with the Development Team (applicable staff and consultants) and then schedule a meeting with the applicant and representatives from the Development Team; and

         C.   The applicant shall then submit revised plans to the Zoning Administrator prior to review of the site plan at a subsequent Commission meeting.

   (e)   Planning Commission Review. The Commission shall consider the application for approval, conditional approval or denial at the scheduled meeting.

      (1)   Upon a determination by the Commission that a site plan is in compliance with the City's Ordinances, Planning Commission shall grant approval. In this case, the basis for the decision shall be indicated in the official minutes from the proceedings.

      (2)   Upon a determination by the Commission that a site plan is in compliance, except with minor revisions, the Commission may grant conditional approval. In this case, the basis for the decision shall be indicated in the official minutes from the proceedings.

      (3)   If the site plan does not comply with the provisions of the City's Ordinances, it shall be denied. In this case, the basis for the action shall be indicated in the official minutes from the proceedings.

      (4)   The Commission may further require landscaping, fences, walls or other improvements pursuant to the standards set forth in subsection (b) hereof and the same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

   (f)   Effect of Approval. When an applicant receives final site plan approval, he or she must develop the site in complete conformity with the approved site plan. If the applicant has not obtained a building permit and commenced construction within one (1) year of site plan approval, the site plan approval becomes null and void and the developer shall make a new application for approval.

   (g)   Amendment of a Site Plan. If an applicant seeks an amendment to an approved site plan it shall be granted only upon the mutual agreement of the Commission and the applicant.

   (h)   Administrative Review. In the following cases, the Zoning Administrator shall have the authority to approve a site plan without submission to the Planning Commission, but subject to all the criteria set forth in subsections (a) to (c) hereof.

         (1)   Where Applicable.

            A.   Accessory uses incidental to a conforming existing use where said use does not require any variance or further site modifications;

            B.   The conversion of an existing building from one permitted use to another permitted use within the same district, provided there is no substantial modification necessary to the building or the site;

            C.   Expansion and/or addition of five hundred (500) square feet or less to an existing conforming structure or use; and

            D.   Provision for additional loading/unloading spaces and landscape improvements as required by this section.

      E.   Modifications to an existing parking lot that will meet all applicable ordinance standards.

         (2)   Information Required. The Zoning Administrator shall require all applicable criteria set forth in subsections (a) to (c) hereof to be met and shall have the authority to waive information required in subsection (c) hereof which is not necessary to determine whether site plan review requirements have been met. The Zoning Administrator shall also have the authority to refer any site plan eligible for administrative review under subsection (h)(1) hereof to the Planning Commission and/or any consultants employed by the City for the purposes of site plan review.

      (i)   Site Plan Extension. The Planning Commission may authorize a 12-month extension of the time limit to begin construction on any site plan. The applicant must submit a request to the Planning Commission in writing at least one month prior to the expiration of the Site Plan under subsection (f) above. Once work on the proposed site plan has begun, it shall be completed in accordance with the provisions and limits or extended limits of this chapter.

• Section 3.05 Site Condominium and Condominium Project Regulations.

   (a)   Intent. Pursuant to the authority conferred by the Condominium Act, site condominiums and condominium projects shall be regulated by the provisions of this Ordinance and approved by the Planning Commission.

   (b)   General Requirements.

      (1)   Each condominium lot shall be located within a zoning district that permits the proposed use.

      (2)   Each condominium lot shall front on and have direct access to a public street or a private street approved by City Council. Approval for a private street may be conferred by City Council prior to site plan approval by the Planning Commission. An approved private street shall comply with the same standards for public subdivision streets as set forth in Chapter 1226 of the General Ordinances.

      (3)   For the purposes of this section, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located.

   (c)   Site Plan Approval Required. Approval of the site plan by the Planning Commission shall be required to construct, expand or convert a condominium project.

      (1)   Site Plan Approval.

         A.   A site plan pursuant to the standards and procedures set forth in Section 3.04 shall be submitted to the Planning Commission for review.

         B.   In the interest of insuring compliance with this Ordinance and protecting the health, safety and welfare of the residents of the City, the Planning Commission, as a condition of approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 3.09 for the completion of improvements associated with the proposed use.

      (2)   Condominium Document/Engineering Plan Approval.

         A.   Following site plan approval, the applicant shall submit the condominium documents to the City Attorney and other appropriate staff and consultants for review. The condominium documents shall be reviewed with respect to all matters subject to regulation by the City, including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common areas; maintenance of private roads if any; and maintenance of stormwater, sanitary and water facilities and utilities. All review comments shall be submitted to the City Attorney, who shall compile the findings.

         B.   Following receipt of site plan approval, the applicant shall also submit to the Zoning Administrator engineering plans in sufficient detail for the City, along with appropriate consultants, to determine compliance with applicable laws, ordinances and standards for construction of the project. All review comments shall be submitted to the Zoning Administrator, who shall compile the findings.

         C.   Condominium documents and/or engineering plans shall conform to the site plan approval by the Planning Commission. No permit shall be issued until the Condominium documents and Engineering Plans have been approved by the City.

   (d)   Information Required Prior to Occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the City:

      (1)   A copy of the recorded condominium documents (including any exhibits);

      (2)   A copy of any recorded restrictive covenants;

      (3)   A copy of the site plan on a mylar sheet; and

      (4)   Evidence of the completion of improvements associated with the proposed use, including two (2) copies of an "as-built survey."

   (e)   Revision of the Site Condominium or Condominium Plan. If the site condominium or condominium subdivision plan is revised, the site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

   (f)   Amendment of Condominium Documents. Any amendment to a master deed or bylaws that affects the approved site plan, or any conditions of approval of a site plan, shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the original site plan.

• Section 3.06 Use of Consultants.

   From time to time, at the cost of the applicant, the City may employ planning, engineering, legal, traffic or other special consultants to assist in the review of special use permits, site plans, rezonings or other matters related to the planning and development of the City.