For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT OR ABUTTING. Having a common border with.
ACCESSORY BUILDING OR STRUCTURE. A building or structure clearly incidental to, customarily found in connection with, and located on the same zoning lot or site (groups of lots used together) as the principal structure to which it is related. An ACCESSORY BUILDING OR STRUCTURE includes, but is not limited to the following:
(1) Any detached building/structure or any building/structure which does not share a common footing wall with the main structure on the premises.
(2) Any structure attached to the main building on the premises via a roof overhang, breezeway, porch, or other similar form of attachment.
(3) Barns, sheds and similar structures.
ACCESSORY USE. A use clearly incidental to, customarily found in connection with, and (except in the case or accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. An ACCESSORY USE includes, but is not limited to, the following:
(1) Swimming pools for use of the occupants of a residence or their guests;
(2) Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure;
(3) A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays;
(4) Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded from the applicable district regulations;
(5) Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;
(6) Accessory off-street parking spaces, open or enclosed, subject to all requirements of this chapter;
(7) Accessory off-street loading, subject to all requirements of this chapter;
(8) Accessory signs, subject to the sign regulations of this chapter;
(9) Garden plots subject to all requirements of this chapter; and
(10) Similar incidental uses.
ADDITION. Construction or alteration of a building or structure that increases the square footage, number of dwelling units, bulk or other extent.
ADJACENT. Same as ABUT or ABUTTING.
ADULT AMUSEMENT DEVICE CENTER. An enclosed building containing coin-operated amusement devices or machines for presenting material for observation by patrons therein, distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specific sexual activities” or specified anatomical areas”, as defined below.
ADULT BOOKSTORE. A business having as its principal activity the sale of books, magazines, newspapers, and motion picture films which are characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy.
ADULT BUSINESS ACTIVITY. A business whose principal service or activity is one of the following types of businesses: adult live conduct business, adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult personal service business.
ADULT LIVE CONDUCT ACTIVITY. Any work or entertainment activity carried on in a business where the physical human body is nude, as defined below.
(1) NUDE. Having less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola.
(2) NUDE MODELING STUDIO. A business where an employee or entertainment personnel appears in nude (as defined below) and is also provided or allowed to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted to customers.
(3) SEXUAL ACTIVITIES AND ANATOMICAL AREAS. For the purposes of this chapter, “specified sexual activities” shall include:
(a) Human genitals in a state of sexual stimulation or arousal.
(b) Acts of human masturbation, sexual intercourse, or sodomy.
(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. For the purposes of this section, “specified anatomical areas” is defined as:
1. Less than complete and/or opaquely covered human, pubic region, buttock, or female breast below a point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
ADULT LIVE CONDUCT BUSINESS. A business, any part of whose service or function consists of adult live conduct activity (as defined above) whether as work assignment or entertainment.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material for observation by patrons therein, distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in this section.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used for presenting material, for observation by patrons therein, distinguished or characterized by an emphasis on matter depicted, described, or relating to “specific sexual activities” or “specified anatomical areas,” as defined below.
ADULT OUTDOOR MOTION PICTURE THEATER. An exterior area used for presenting material, for observation by patrons, distinguished or characterized by an emphasis on matter depicted, described, or relating to “specific sexual activities” or “specified anatomical areas,” as defined.
ADULT PERSONAL SERVICE BUSINESS. A business whose activities include a person, while nude (as defined above) providing personal services for another person on an individual basis in a closed room. It includes, but is not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the state.
ADULT SUPPLY STORE. A business selling or offering merchandise that is characterized by emphasis on the act of human masturbation, sexual intercourse or sodomy or portrayal of human genitals and pubic regions.
AGRICULTURE. Farms and general farming, including horticulture, floriculture, dairying, livestock and poultry raising, farm forestry and other similar enterprises or uses, but no farm shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants, or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption of persons residing on the premises.
ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
ALTERATIONS. Any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as altered or reconstructed.
APARTMENT. A room or suite of rooms in a multiple-family building arranged and intended for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.
(1) LOFT. A dwelling unit in a building originally constructed for other than primarily residential use containing one or more rooms or enclosed floor space arranged for living, eating, sleeping and/or home occupations; such units shall include bathroom and kitchen facilities as required by applicable codes.
(2) EFFICIENCY STUDIO APARTMENT. A dwelling unit containing not over 500 square feet of floor area, and consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities, and for the purposes of computing density shall be considered as a one-room unit.
(3) ONE-BEDROOM UNIT. A dwelling unit containing a minimum floor area of at least 600 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining and necessary sanitary facilities and for the purposes of computing density shall be considered a two-room unit.
(4) TWO-BEDROOM UNIT. A dwelling unit containing a minimum floor area of at least 750 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density shall be considered as a three-room unit.
(5) THREE OR MORE BEDROOM UNIT. A dwelling unit containing wherein for each room, in addition to the three rooms permitted in a two-bedroom unit, there shall be provided for the first additional room, an additional area of 150 square feet and 200 square feet for the second or more additional rooms to the minimum area of 750 square feet. For the purpose of computing density, said three-bedroom unit shall be considered a four-room unit, and each increase in a bedroom over three shall be an increase in the room count by one over the four.
ARCADE. A place, premises or establishment or room set aside in a retail or commercial establishment in which three or more coin-operated amusement devises are located, defined herein as a machine or devise operated by means of the insertion of a coin, token or similar object, for the purpose of amusement or skill and for the playing of which a fee is charged.
ARENA. An enclosed structure with tiers of seats rising around a sports field, playing court or public exhibition area.
ASSEMBLY HALL. An enclosed space of assembly for the exclusive use of the owners of the facility or by the members of the association controlling the premises.
ASSISTED LIVING FACILITY. A facility providing responsible adult supervision of or assistance with routine living functions of an individual in an instance where the individual’s condition necessitates that supervision or assistance. Permitted services include but are not limited to staff-supervised meals, housekeeping and personal care, medication supervision and social activities. Facilities providing regular care under supervision of physicians are not considered assisted living facilities.
AUTOMOBILE. All passenger cars, as well as light duty trucks, vans and sport utility vehicles.
AUTOMOBILE SERVICE STATION. A place where gasoline (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of automobiles) are retailed directly to public on premises, including sale of minor accessories and minor services for automobiles.
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 below is greater than the average grade to the ceiling. A basement shall not be counted as a story.
BED AND BREAKFAST INN. A single-family residential structure that meets the following criteria:
(1) Has eight or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, one or more of which are available for rent to transient tenants.
(2) Serves breakfast at no extra cost to its transient tenants.
(3) Has a smoke detector in proper working order in every sleeping room and a fire extinguisher in proper working order on every floor.
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating) or between the nearest such street and railroad right-of-way unsubdivided acreage, river or live stream, or between the foregoing and any other barrier to development, or corporate boundary lines of the city.
BLOCK FACE. All lots abutting both sides of a street between two intersecting points.
BOARD. The Zoning Board of Appeals.
BOARDING HOUSE OR ROOMING HOUSE. A building other than a hotel where for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding ten sleeping rooms. A rooming house or a furnished room house shall be deemed a BOARDING HOUSE for the purposes of this chapter.
BREWPUB. A facility licensed by the Michigan Liquor Control Commission, in conjunction with a Class “C” tavern, Class “A” hotel, or Class “B” hotel, that annually manufactures and sells not more than 2,000 barrels of beer only for consumption therein.
BUFFER ZONES. A strip of land reserved for plant material, berms, walls, or fencing to serve as a visual and/or sound barrier between properties, often between abutting properties and properties in different zoning districts. Landscaping berms, fencing or open space can also be used to buffer noise, light and related impacts from abutting properties.
BUILDING. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for purposes of a building. The word BUILDING includes the word structure, and dwelling includes residence. A BUILDING or structure includes any part thereof.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter a minimum BUILDING LINE is the same as a front setback line.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot which it is situated.
BUILDING OFFICIAL. An individual established by the city to administer and enforce the provisions of all building codes as adopted and amended.
CARPORT. A partially open structure, intended to shelter one or more vehicles. Such structures shall comply with all yard requirements applicable to garages.
CHANGE OF OCCUPANCY. A discontinuance of an existing use and the substitution or the addition thereto of a use of a different kind or class.
CHARITABLE GAMING ROOM. A building or space within a building used, owned, rented, or leased by non-profit qualified organizations for gaming activities permitted pursuant to Michigan Public Act 382 of 1972, as amended.
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, together with all accessory buildings and uses customarily associated with such primary purpose. Includes churches, synagogue, temple, mosque, or other such place for worship and religious activities.
CLINIC. An establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists or similar professions.
CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
COMMERCIAL VEHICLE. All motor vehicles used for the transportation of passengers for hire, or constructed or used for the transportation of goods, wares or merchandise or all motor vehicles designed and used for drawing other vehicles.
COMMISSION. The Planning Commission of the City of Inkster.
COMMON AREA, GENERAL. That portion of a site condominium project designed and intended for joint ownership and maintenance by the condominium association as described in the condominium master deed.
COMMON AREA, LIMITED. That portion of a site condominium project designed and intended for separate ownership, but outside the building setbacks for the zoning district the property is located in as described in the condominium master deed.
COMMUNITY DEVELOPMENT DEPARTMENT. Includes the Community Development Director, the City Planner, and other City Official(s) authorized to administer the Zoning Regulations on a day-to-day basis, including but not limited to processing applications, granting ministerial approvals, maintaining the records of Planning Commission actions, ending notices of public hearings, and similar work.
CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all of the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular dwelling unit in such building. Condominiums shall be subject to the regulations set forth in Michigan Public Act 59 of 1978, as amended.
CONDOMINIUM MASTER DEED. The document recorded as part of a condominium subdivision to which are attached as exhibits and incorporated by reference the approved bylaws for the condominium subdivision and the condominium subdivision plan.
CONDOMINIUM SUBDIVISION. A division of land on the basis of condominium ownership, pursuant to the Condominium Act and which is not subject to the provisions of the Land Division Act, Public Act 288 of 1967, as amended. Also known as a site condominium.
CONDOMINIUM SUBDIVISION PLAN. The drawings attached to the master deed for a condominium subdivision project which describe the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision project, as well as the nature, location and size of common elements.
CONDOMINIUM UNIT. That portion of a condominium project or condominium subdivision project which is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational use as a time-share unit, or any other type of use. A CONDOMINIUM UNIT may consist of either vacant land or space which either encloses or is enclosed by a building structure. Any CONDOMINIUM UNIT consisting of vacant land shall be equivalent to the term “lot” for the purposes of determining compliance of a condominium subdivision project with the provisions of this chapter pertaining to minimum lot size, minimum lot width, maximum lot coverage and maximum floor area ratio.
CONVALESCENT AND NURSING HOME. An installation other than a hospital or private home where two or more persons afflicted with illness, injury or an infirmity are housed or lodged, and furnished with 24 hour nursing care. Restorative therapies may be provided as an accessory use and clearly incidental to the facility’s primary function.
CONVENIENCE RETAIL STORE. A one story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). CONVENIENCE RETAIL STORES are designed to attract a large volume of stop-and-go traffic.
COUNCIL. The City Council of the City of Inkster.
COURT. An open, unoccupied space, other than a yard, and bounded on at least two sides by a building. A court extending to the front yard or front lot line or to the rear yard or rear lot line is outer court. Any other court is an inner court.
CUL-DE-SAC. A street ending in a turn-around designed and intended as a permanent or temporary terminus.
DAY CARE.
(1) CHILD DAY CARE (HOME). A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. The state shall license these facilities.
(2) CHILD DAY CARE. A facility other than a private residence, receiving one or more minor children for care periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. The facility is generally described as child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. Childcare center or day care center does not include a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such services are attending religious activities. The state shall license these facilities.
(3) ADULT DAY CARE. A facility, whether in a private home or institutional setting, providing temporary care and supervision for persons 18 years of age or older. Care is provided for periods of less than 24 hours a day. The state shall license these facilities.
(4) GROUP DAY CARE HOME. A licensed day care center in a private home as an accessory use in which more than 6 but less than 12 minor children are given care and supervision for periods of less than 24 hours per day and for more than four weeks during a calendar year.
DENSITY. The number of dwelling units situated on or to be developed on a net acre (or smaller unit) of land, which shall be calculated by taking the total gross acreage and subtracting surface water, undevelopable lands (e.g., wetlands) and the area in rights-of-way for streets and roads.
DEVELOPMENT. The construction of a new building or other structures on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use. Development also means any man-made change to improved or unimproved real estate, including but not limited to parking, fences, pools, signs, temporary uses, clearing of land, mining, dredging, filling, grading, paving, excavation, or drilling operations.
DISTRICT. A portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-IN. A business establishment so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DRIVE-THROUGH. A business establishment, or portion thereof, developed to serve patrons in motor vehicles from a designated lane providing access to a service window.
DRIVEWAY. A means of access for vehicles from a street or approved alley across a lot or parcel to a parking or loading area, garage, dwelling or other structure or area on the same lot, that is located and constructed in accordance with the requirements of this chapter and any requirements of the city or state.
DRY CLEANING PLANT. A building, portion of a building, or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY. A building designed exclusively for occupancy by one family.
DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families, independent of each other, such as a duplex dwelling unit.
DWELLING UNIT. A building, or a portion thereof, designed for occupancy by one family for residential purposes and having cooking and sanitary facilities.
EASEMENT. A right, distinct from the ownership of the land, to cross property with facilities such as, but not limited to, driveways, roads, utility corridors, sewer lines, water lines, and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for open space, recreation, drainage or access purposes.
EMERGENCY SHELTER. A facility providing congregate style temporary lodging with or without meals and ancillary services to primarily the homeless for more than four weeks in any calendar year. An emergency shelter does not provide lodging to any individual who is required because of age, mental disability or other reason to reside in a private or public institution or to any individual who is imprisoned or otherwise detained pursuant to federal or state law. An EMERGENCY SHELTER shall be considered a different land use than an adult foster care facility or nursing homes.
ENCLOSED. Surrounded on all sides.
ERECTED. Built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the 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 or commissions of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare, but not including buildings other than such primary enclosures or shelters for the above essential service equipment.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FAMILY. One or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate FAMILY for the purpose of this chapter.
FILLING. The depositing or dumping of any matter onto or into the ground, except common household gardening and ground care.
FIREARMS SALES ESTABLISHMENT. A place of business of a firearms dealer. A firearms dealer is any person engaged in the wholesale or retail sale of firearms, the repair of firearms, or the creation or fitting of special barrels, stocks, or trigger mechanisms for firearms. A FIREARMS SALES ESTABLISHMENT shall be defined as only those establishments principally engaged in the display or sale of firearms or ammunition. A FIREARMS SALES ESTABLISHMENT is not a store of a generally recognized retail nature, which may include firearms or ammunition as an incidental and accessory use.
FLOOR AREA, GROSS. The sum total of all floors of a building as measured from the interior faces of the exterior walls. Stairwells and elevator shafts are excluded from this definition for the purpose of area calculations.
FLOOR AREA, RESIDENTIAL. For the purposes of computing the minimum allowable FLOOR AREA in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the interior faces of the exterior walls. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
FOOD TRUCK. A self-contained, motorized vehicle, identified generically as a MOBILE FOOD VENDING UNIT, which is used for the preparation and distribution or sale of food.
FOSTER CARE FACILITIES.
(1) ADULT FOSTER FAMILY HOME. An establishment that provides supervision, assistance, protection or personal care, in addition to room and board, to seven or more adults. An adult foster care facility is other than a home for the aged or a nursing home or a mental hospital for mental patients or a pre-release adjustment center. The state shall license these facilities.
(2) FOSTER FAMILY GROUP HOME. A private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood, marriage, guardianship or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(3) FOSTER FAMILY HOME. A private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, guardianship or adoption, are given care and supervision for 24 hours a day, or four or more days a week, of two or more consecutive weeks, unattended by a parent or legal guardian.
GARAGE, PRIVATE. An accessory building for parking or storage of not more than that number of vehicles as may be required in connection with the permitted use of the principal building. In residential areas the storage of not more than one commercial vehicle of a rated capacity not exceeding three-fourths ton is permitted.
GARAGE, PUBLIC. Any garage other than a private garage available to the public, operated for gain, and used for storage, repair, rental, greasing, washing, sales, servicing, adjusting or equipping of automobiles or other motor vehicles.
GRADE. A ground elevation established for the purpose of regulating the number of stories and the height of the building. The building GRADE shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the GRADE shall be determined by averaging the elevation of the ground for each face of the building.
GROSS LEASABLE AREA. The gross floor area minus deductions for public lobbies, common mall areas, atriums, courtyards, and permanently designated corridors which are not subject to relocation by specific lease requirements. (Attributed to interior mall parking calculations. May not be needed in Inkster).
HAZARDOUS SUBSTANCE. A chemical or other material which is or may become injurious to the public health, safety or welfare or to the environment.
HAZARDOUS WASTE. Waste or a combination of waste and other discarded material including solid, liquid, semi-solid or contained gaseous material that because of its quantity, quality, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality, serious irreversible illness, serious incapacitating but reversible illness or pose a substantial present or potential hazard to human health or the environment if properly treated, stored, transported, disposed of, or otherwise managed.
HAZARDOUS WASTE FACILITY. A facility or part of a facility that is used for the treatment, storage or disposal of hazardous waste.
HEALTH CLUB. Gymnasiums (except public), private athletic, health or recreational clubs, reducing salons and weight control establishments, but excluding “adult personal service establishments”.
HEIGHT. The vertic al dista nce meas ured from the establ ished grade at the front of the buildi ng to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average HEIGHT between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. The HEIGHT of an accessory building or structure shall be determined as the vertical distance from the average finished grade to the highest point of the roof surface.
HOME OCCUPATION. An occupation or profession carried on by an occupant of a dwelling unit as a secondary use, which is clearly subservient to the use of the dwelling for residential purposes. Any such use shall not be visible or noticeable in any manner or form from outside the walls of the dwelling.
HOSPITAL. A building, structure or installation in which mentally ill, or sick or injured persons are given medical or surgical treatment and operating under license by the Health Department and the state, including such related facilities as laboratories, out-patient departments, central service facilities, and staff offices.
HOTEL. A building, part of a building or group of buildings containing rooming or dwelling units, with a common entrance and lobby, accessed from the interior, used for transient occupancy by the public traveling in a motor vehicle, offered to the public for compensation and in which one or more of the following services are offered:
(1) Maid service.
(2) Furnishing of linen.
(3) Telephone, secretarial or desk service.
(4) Room service.
Units shall not be re-rented, sub-rented or rented again within a 24-hour period following a room rental. A HOTEL may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms. A HOTEL shall not be considered or construed to be a multiple family dwelling, transient housing for persons transitioning from emergency shelters or an emergency shelter.
HOUSING FOR THE ELDERLY. A building or group of buildings containing dwellings intended to be occupied by, elderly persons as defined by the Federal Fair Housing Act, as amended. HOUSING FOR THE ELDERLY may include independent and/or assisted living arrangements but shall not include convalescent or home for the aged facilities regulated by the state. Independent and assisted living HOUSING FOR THE ELDERLY are defined as follows:
(1) INDEPENDENT LIVING FOR THE ELDERLY. Housing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as meals, linkages to health care, transportation, security, housekeeping and recreational and social activities.
(2) ASSISTED LIVING FACILITY. A facility providing responsible adult supervision of or assistance with routine living functions of an individual in an instance where the individual’s condition necessitates that supervision or assistance. Permitted services include but are not limited to staff-supervised meals, housekeeping and personal care, medication supervision and social activities. Facilities providing regular care under supervision of physicians are not considered ASSISTED LIVING FACILITIES.
INGRESS AND EGRESS. As used in this chapter, INGRESS AND EGRESS generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a property, a building, or another location.
JUNK. Any motor vehicles, machinery, appliances, products, or merchandise with parts missing or scrap metals or other trash, solid waste, refuse or scrap materials that are damaged or deteriorated, except if in a completely enclosed building. It includes any inoperable or abandoned motor vehicle which is not licensed for use upon the highways of the state for a period in excess of 48 hours and shall also include whether so licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of 48 hours and which is not in a completely enclosed building.
JUNK YARD. An open area where waste, used or secondhand 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. A JUNK YARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL. Any lot or premises on which more than three dogs or cats or other household pets are either permanently or temporarily boarded. KENNEL shall also include any lot or premises where household pets are bred and/or sold.
LANDSCAPING. The treatment of the ground surface with live plant materials such as, but not limited to grass, ground cover, trees, shrubs, vines, and other man-made material. In addition, a landscape design may include other decorative man-made materials, such as woodchips, crushed stone, boulders, or mulch. Structural features such as fountains, pools, statues, and benches shall also be considered a part of LANDSCAPING, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting requirements for LANDSCAPING. Various LANDSCAPING-related terms are defined as follows:
(1) BERM. A continuous, raised earthen mound with a flattened top and sloped sides, capable of supporting live LANDSCAPING materials, and with a height and width that complies with the requirements of this chapter.
(2) GRASS. Any of a family of plants with narrow leaves normally grown as permanent lawns. Also referred to as “turf”.
(3) GREENBELTS. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this chapter.
(4) GROUND COVER. Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.
(5) HEDGE. A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary or fence.
(6) INTERIOR LANDSCAPING AREA. A landscaped area located in the interior of a parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.
(7) NURSE GRASS. Any of a variety of rapidly-growing annual or perennial rye grasses used to quickly established ground cover to prevent dust or soil erosion.
(8) SCREEN OR SCREENING. A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the SCREEN is composed of nonliving material, such materials shall be compatible with materials used in the construction of the main building, but in no case shall include wire fencing.
(9) SHRUB. A self-supporting, deciduous or evergreen woody plant normally branched near the base, bushy and less than 15 feet in height.
(10) SOD. An area of grass-covered surface soil held together by matted roots.
(11) TREE. A self-supporting, woody deciduous or evergreen plant with a well-defined central stem which normally grows to a mature height of 15 feet or more in Wayne County, Michigan. Types of TREES are defined as follows:
(a) DECIDUOUS TREE. A variety of TREE that has foliage that is shed at the end of the growing season.
(b) EVERGREEN TREE. A variety of TREE that has foliage that persists and remains green throughout the year.
(c) ORNAMENTAL TREE. A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of about 25 feet or less.
(d) SHADE TREE. For the purposes of this chapter, a SHADE TREE is a deciduous tree which has a mature crown spread of 15 feet or greater in Wayne County, Michigan, and having a trunk with at least five feet of clear stem at maturity.
(e) VINE. A plant with a flexible stem supported by climbing, twining, or creeping along the surface, and which may require physical support to reach maturity.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT. A parcel of land occupied, or intended to be occupied, by a main building or group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this chapter.
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT, CORNER. A lot where the interior angle or two adjacent sides at the intersection of two streets is less than 135º. A lot abutting upon a curved street or streets shall be considered a CORNER LOT for the purposes or this chapter if the area is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or at the straight street line extended, form an interior angle of less than 135º.
LOT COVERAGE. That part or percent of the lot occupied by buildings, including accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT, DOUBLE FRONTAGE. Any interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of DOUBLE FRONTAGE LOTS, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
LOT INTERIOR . Any lot other than a corner lot.
LOT LINES. The lines bounding a lot as defined herein:
(1) FRONT LOT LINE. In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot or double frontage lot, FRONT LOT LINE shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a zoning compliance permit. In the case of a cul-de-sac, the front setback line shall be determined by drawing a straight line from points established at the front setback depth along the side property lines.
(2) 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 feet long lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot line other than the front lot line or 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 or lots 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 inception of this chapter, or in common use by city or county officials, and which actually exists as so shown, or any part of such parcel held in recognizing ownership separate from that of the remainder thereof.
LOT WIDTH. The straight line distance between the side lot lines, measured at the two points where the minimum building line or setback intersects the side lot lines.
LOT, ZONING. A single tract of land located within a single block, which at the time of filing for a building permit is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A ZONING LOT shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A ZONING LOT, therefore, may not coincide with a lot of record as filed with the County Register of Deeds.
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.
MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume traffic way for both the immediate area and the region beyond, and may be designated as a MAJOR THOROUGHFARE, parkway or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with a width, existing or proposed, of 120 feet or greater shall be considered a MAJOR THOROUGHFARE.
MANUFACTURED HOUSING COMMUNITY. A parcel or tract of land upon which three or more mobile homes are located on a continual, nontransient basis together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.
MANUFACTURED HOUSING UNIT. A transportable, factory-built structure that is manufactured in accordance with the federal Manufactured Housing Construction and Safety Standards Act of 1974. Such structure is designed to be used as a single-family dwelling unit.
MARGINAL ACCESS DRIVE. A service roadway parallel to a major thoroughfare intended to provide access to abutting properties and protection from through traffic.
MASSAGE ESTABLISHMENT. An establishment in which a licensed or certified massage therapist provides such services in compliance with provisions of this chapter. This does not include establishments which routinely provide services performed by a licensed physician, chiropractor, osteopath, nurse, or other medical professional. This also does not include establishments in which the martial arts or organized athletic activities take place, hospitals, nursing homes, medical clinics or offices, barbershops or beauty parlors which offer massages to the scalp, face, neck or shoulders only, or those in which a licensed operator performs electrolysis.
MASTER PLAN. The Comprehensive Plan including graphic and written proposals indicating the general location for 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.
MECHANICAL AMUSEMENT DEVICE. Any machine containing no automatic payoff device which may, on the insertion of a coin or slug, operate or be operated or used as a game, contest or amusement of any sort or description and which may or may not consist of electronic play appearing on a video screen and which is so constructed that it may not be converted into an automatic payoff device for the return or discharge of money, tokens, coins, checks or merchandise, or which provides no such payoff by any means whatsoever, provided that the term shall not include any coin-operated device used solely for the playing of music and provided further that the term shall include mechanical, electrical and electronic video games.
MEDICAL MARIJUANA CULTIVATION FACILITY. A licensed commercial grower that cultivates, dries, trims, cures, and packages marijuana for sale to a processor or provisioning center, as defined by Public Act 281 of 2016, the Medical Marijuana Facilities Licensing Act, as amended.
MEDICAL MARIJUANA PROVISIONING CENTERS. A commercial entity that acquires, possesses, delivers, transfers, or transports medical marijuana and sells, supplies, or provides to registered qualifying patients, directly or through the patients’ registered primary caregiver, to the extent that is authorized by State of Michigan regulations. Provisioning center includes any commercial property where medical marijuana is sold to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with State of Michigan regulations is excluded from this definition.
MEDICAL MARIJUANA PROCESSING FACILITY. A licensed commercial processing facility that purchases marijuana from a grower and extracts resin from the marijuana or creates a marijuana-infused usable product for sale and transfer in packaged form to a provisioning center, as defined by Public Act 281 of 2016, the Medical Marijuana Facilities Licensing Act, as amended.
MEDICAL MARIJUANA TESTING FACILITY. A licensed commercial safety compliance facility that receives marijuana from a marijuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility, as defined by Public Act 281 of 2016, the Medical Marijuana Facilities Licensing Act, as amended.
MEDICAL MARIJUANA TRANSPORTATION FACILITY. A licensed commercial entity that stores and/or transports marijuana between marijuana facilities for a fee, defined by Public Act 281 of 2016, the Medical Marijuana Facilities Licensing Act, as amended.
MEZZANINE. An intermediate or fractional story between the floor and ceiling or main story occupying not more than one-third of the floor area of such main story. See graphic for “story.”
MICRO BREWERY. A facility licensed by the Michigan Liquor Control Commission that annually produces less than 20,000 barrels of beer.
MOBILE FOOD COURT/PARK. A permanent land use subject to site plan approval where two or more mobile food vendors congregate to offer edible goods for sale to the public and amenities are provided for all vendors’ customers.
MOBILE FOOD VENDING UNIT. Any motorized or non-motorized vehicle, trailer, food truck, or other device designed to be portable and not permanently attached to the ground from which food is vended, served, or offered for sale.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term MOBILE HOME shall not include pick-up campers, travel trailers, motor homes, modular homes, recreational vehicles, converted buses, tent trailers, or other transportable structures designed for temporary use.
MOBILE HOME PARK. Same as MANUFACTURED HOUSING COMMUNITY.
MODULAR HOUSING UNIT. A dwelling unit constructed solely within a factory, as a single unit, or in various sized modules or components, which are then transported to a site where they are assembled on a permanent foundation to form a dwelling unit, and meeting all codes and regulations applicable to conventional single-family home construction.
MOTEL. A building, part of a building or group of buildings containing ten or more rooming or dwelling units with 25% or more of the units having individual exterior room entrances, primarily used for transient occupancy by the public traveling in a motor vehicle, offered to the public for compensation and in which one or more of the following services are offered:
(1) Maid service.
(2) Furnishing of linen.
(3) Telephone, secretarial or desk service.
(4) Room service.
Units shall not be re-rented, sub-rented or rented again within a 24-hour period following a room rental. The term MOTEL shall include buildings designated as auto courts, tourist courts, motor courts, motor hotel, and similar titles which are designed as integrated units of individual rooms under common ownership. A MOTEL shall not be considered or construed to be a multiple-family dwelling, transient housing for persons transitioning from an emergency shelter or a rooming house.
MULTIPLE-FAMILY DWELLING. A structure, located on a single lot, containing three or more dwelling units, which is designed for or occupied by one family only, with housekeeping and cooking facilities for each.
MURAL.
(1) TYPE ONE. A design or representation which does not contain promotional or commercial advertising painted or drawn on a wall.
(2) TYPE TWO. An original, one-of-a-kind unique design or representation which contains limited references to the establishment, product, or service provided on the site which is painted or drawn on a wall on that site.
NIGHTCLUB. An establishment, excluding an “adult business activity,” where live entertainment is provided, presented, permitted or performed, including, but not limited to, a dance, comic, theatrical, or musical performance and alcoholic beverages are consumed on premises.
NONCONFORMING BUILDING. A building or portion thereof, existing at the effective date of this chapter or amendments thereto, and that does not conform to the provisions of this chapter relative to height, bulk, area or yards for the district in which it is located.
NONCONFORMING LOT. A lot which was lawfully in existence at the effective date of this chapter, or amendments thereto, and which does not now conform to the lot size, lot width, or other regulations pertaining to lots in the zoning district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
NON-PROFIT. An organization recognized by the United States Internal Revenue Service as holding a NON-PROFIT tax-exempt status.
NON-PROFIT QUALIFIED ORGANIZATION. A bona fide religious, educational, service, senior citizens, fraternal, or veterans’ organization that operates without profit to its members and that either has been in existence continuously as an organization for a period of five years or is exempt from taxation pursuant to Michigan Public Act 382 of 1972, as amended.
NUISANCE. This term shall be held to embrace public NUISANCE as known at common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; whatever dwelling is overcrowded with occupants or is not provided with adequate ingress and egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted; whatever is unwholesome; whatever renders or makes an unusual noise, sound, racket or vibration sufficient to annoy and destroy the usual peace and quiet of any persons of the city; whatever pollutes the air to create an ill-smelling condition so offensive as to annoy the public; whatever is conducive to the harboring of insects, vermin, rats or rodents; all ponds of stagnant water, any yard or area housing old and useless or nearly useless automobiles or parts thereof, or other waste, machinery, logs, old lumber, rubbish or construction rubbish, so that the same is offensive to the general public.
NURSERY, PLANT MATERIAL. A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for gardening or landscaping. The definition of NURSERY within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
NURSING HOME. Same as CONVALESCENT AND NURSING HOME.
OFF-STREET PARKING LOT. A facility other than for single-family dwellings 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 three vehicles.
OPEN FRONT STORE. A business establishment so developed that service to the patron may be extended beyond the walls of the structure onto a dedicated outdoor seating area and not requiring the patron to enter the structure. The term OPEN FRONT STORE shall not include automobile repair stations or automobile service stations,
OPEN SPACE. The part of the zoning lot, including courts and/or yards. Which is open and unobstructed from its lowest level to the sky, and is accessible to all residents upon the zoning lot.
OUTDOOR RECREATION FACILITY. The use of land for the purposes of a golf course, skating rink, park, playfield, playground, swimming pool, tennis court and similar recreation uses.
OWNER. The owner of the premises or lesser estate in the premises, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, leasee, or any other person, sole proprietorship, partnership, association, or corporation directly or indirectly in control of a building, structure, or real property, or his or her duly authorized agent.
PARK. A parcel of land, building or structure used for recreational purposes including but not limited to playgrounds, sport fields, game courts, beaches, trails, picnicking areas, and leisure time activities.
PARKING. The temporary placement of operable motor vehicles having valid and current license plate or registration sticker as required by the Secretary of State.
PARKING SPACE. An area exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles. Such space shall meet the requirements of this chapter.
PAWNSHOP. A shop that lends money in exchange for valuable personal property as security. This definition includes the sale of such securities after repossession and the sale of new merchandise generally found in retail stores.
PERSON. An individual a corporation, a partnership, an incorporated association or any other similar entity.
PIERCING PARLOR. A personal service establishment at which body piercing is provided. For purposes of this chapter, jewelry stores, other retail stores or clinics that provide this service as an incidental and accessory use shall be classified as PIERCING PARLORS.
PLANNED UNIT DEVELOPMENT. A tract of land or lot, developed under single ownership or management as a separate neighborhood or community unit. The development shall be based on an approved site plan which allows flexibility of design not available under normal zoning district requirements. The plan may contain a mixture of housing types, commercial and industrial uses, common open space and other land uses as provided in this chapter.
PLANNER, CITY. The person or firm designated by the City Council and Planning Commission to advise the City Council, City Manager, City Planning Commission, and city staff on planning, zoning, land use, housing, and other related planning and development issues. The CITY PLANNER may be a consultant or an employee of the city.
PLANNING COMMISSION. The PLANNING COMMISSION of the city.
PORCH. A covered or uncovered entrance to a building or a roofed structure projecting from the exterior wall or walls of a principal structure and supported by piers, posts or columns and commonly open to the weather.
PRINCIPAL BUILDING. The main building on a lot in which the principal use exists or is served by.
PRINCIPAL USE. The main use to which the premises are devoted and the main purpose for which the premises exist.
PRIVATE CLUB. An association, incorporated or unincorporated, organized for a common purpose, goals, interest or activities, but not commercial or business. A PRIVATE CLUB is characterized by membership qualifications, payment of fees and dues, regular meetings, a constitution and bylaws.
PUBLIC UTILITY. Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
RECREATION EQUIPMENT. Includes equipment such as boats and boat trailers, snowmobiles, horse trailer, dune buggies, “pickup campers”, trailer coach, folding tent trailer and other similar items.
RECREATION, INDOOR COMMERCIAL. Includes indoor commercial uses such as bowling centers, basketball courts, archery ranges, golf domes and ranges, tennis facilities and skating rinks. For the purposes of this chapter, firearms target practice ranges shall not be included.
RECREATION VEHICLE. A vehicle intended for temporary human habitation, sleeping and/or eating, mounted upon a chassis with wheels, and self-propelled or capable of being pulled by another vehicle.
REGULATED USE. A classification of uses, as specified in this ordinance, that is considered nuisances and negatively impact public health, safety and welfare when located in close proximity to one another.
RELIGIOUS INSTITUTIONS. See CHURCH.
RESTAURANT.
(1) BAR LOUNGE. An establishment operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger banquet facility, it shall be defined as that part of the structure so designated or operated.
(2) CARRY-OUT RESTAURANT. Any establishment whose principal business is the sale of foods, frozen desserts or beverage to the customer in a ready-to-consume state, and whose design, or method of operation includes both of the following characteristics:
(a) Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.
(b) The consumption of foods, frozen desserts or beverages within the restaurant building is secondary to food consumed off premises.
(3) DRIVE-IN RESTAURANT. Any establishment whose principal business is the sale of foods, frozen dessert or beverages to the customer in a ready-to-consume state, and whose design or method of operation, includes one or both of the following characteristics:
(a) Foods, frozen desserts or beverages are served directly to the customer in a motor vehicle, either by a carhop, or by other means which eliminate the need for the customer to exit the motor vehicle.
(b) The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building is permitted.
(4) DRIVE-THRU RESTAURANT. A business establishment serving food and/or beverages to patrons in a motor vehicle for consumption off the premises.
(5) FAST FOOD RESTAURANT. Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant whose design or principal method of operation includes both of the following characteristics:
(a) Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.
(b) The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises is posted as being prohibited and the restaurateur strictly enforces such prohibition.
(6) STANDARD RESTAURANT. An establishment whose principal business is the sale of foods, frozen desserts, beverages to a customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
(a) Customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which said items are consumed.
(b) A cafeteria type of operation where foods, frozen desserts, beverages generally are consumed within the restaurant building.
RIGHT-OF-WAY. A street, alley, or other thoroughfare or easement permanently established for passage of persons, vehicles, or the location of utilities. The RIGHT-OF-WAY is delineated by legally established lines or boundaries.
ROOMING, LODGING AND BOARDING HOUSE. A dwelling having one kitchen and used for the purpose of providing meals and/or lodging for pay or compensation of any kind, computed by day, week, or month to persons other than members of the family occupying such dwellings.
SCREENING. A method of reducing the impact of noise and/or unsightly visual intrusions with less offensive and more harmonious elements such as plants, trees, berms, fences, walls or any appropriate combination.
SECONDHAND STORE. A building, structure, or premises used solely or partially for the sale of secondhand clothing, furniture, books, jewelry, household goods or appliances.
SELF-STORAGE FACILITY. A building or groups of buildings divided into separate units or compartments used to meet the temporary storage needs of businesses, apartment dwellers and other individuals or firms, and is also known as a miniwarehouse.
SENIOR HOUSING. See ASSISTED LIVING, and HOUSING FOR THE ELDERLY.
SETBACK. The required minimum horizontal distance between the nearest part of a building line or structure and the related front, side or rear yard lot lines. SETBACK are open from ground to the sky, except as otherwise allowed by this chapter.
SINGLE-FAMILY DWELLING. A detached dwelling unit located on a single-lot with no other dwelling units designed or occupied by one family.
SPECIAL LAND USE. A use of land, permitted within certain zoning districts, whose characteristics may create nuisance-like impacts on adjoining lands unless carefully sited according to standards established in this chapter. Approval for establishing a special land use is indicated by issuance of a special use permit.
SPECIALLY DESIGNATED DISTRIBUTOR (SDD). A retail establishment licensed by the State Liquor Control Commission to distribute alcoholic liquor in the original package for consumption off the premises.
SPECIALLY DESIGNATED MERCHANT (SDM). A retail establishment licensed by the State Liquor Control Commission to sell beer and/or wine for consumption off premises.
STORY. That part of a building, except a mezzanine as defined in this section, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A STORY thus defined shall not be counted as a STORY when more than 50%, by cubic content is below the height level of the adjoining ground.
STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which, at height of 4 feet above the floor, does not exceed 2/3 of the floor area in the STORY direct below, and the height above at least 200 square feet of floor space is seven feet, six inches.
STREET. A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TATTOO PARLOR. An establishment offering tattoo services including the creation of marks or figures upon the human body, by insertion of pigment under the skin or by the production of scars or otherwise.
TEMPORARY USE. A use or building permitted by the Zoning Board of Appeals to exist during periods of construction of the main building or use, or for special events.
TOWNHOME. A type of multiple-family dwelling exhibiting two or more stories, primary and secondary entrances per each unit at grade level and wholly enclosed in vertical arrangement of floors. These units are attached to other similar units in a side-by-side arrangement and separated by common party walls rated for appropriate fire protection by city’s codes.
TRANSIENT HOUSING. Rental housing for persons whose most recent address has been a homeless shelter.
TWO-FAMILY DWELLING. A structure located on one lot containing two dwelling units each of which is designed for or occupied by one family with separate housekeeping and cooking facilities.
USE. The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
USE FOR. Includes “Arranged For”,” Designed For”, “Intended For”, “Maintained For”, or “Occupied For”.
UTILITIES, BASIC. Infrastructure services that need to be located near the area where the service is provided. BASIC UTILITY uses generally do not have on site employees. Examples include electric transformer stations, gas regulator stations and telephone exchanges.
UTILITIES, MAJOR. Area-wide infrastructure services that typically have employees on site. Examples include water works, reservoir, pumping station or filtration plants; power or heating plants; or, steam generating plants.
UTILITY, PUBLIC. A private enterprise regulated by the State Public Service Commission with an exclusive franchise for providing an essential public service such as Detroit Edison, Ameritech and Michigan Consolidated Gas. Wireless telecommunications carriers are not PUBLIC UTILITIES.
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement this chapter would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted. Such hardship shall not be specifically interpreted as meaning economic hardship. The crucial elements of a VARIANCE are: undue hardship, unique circumstances, and applying to the subject property. A VARIANCE is not justified unless all three elements are present in the case.
VEHICLE REPAIR FACILITY, MAJOR. A place defines as a business offering repair and replacement services including, but not limited to, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glass work, and such other activities whose external effects shall adversely extend beyond the property line, but not including the sale of gasoline.
VEHICLE REPAIR FACILITY, MINOR. A place defined as a business offering maintenance and repair services, the sale of oil and minor accessories, where no repair work is done other than incidental service, but not including the sale of gasoline, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glass work, and such other activities whose external effects could adversely extend beyond the property line. Such repairs shall be limited to passenger automobiles or light trucks.
VEHICLE SALES AREA/DEALERSH IP. An open area other than a street used for the display, sale, or rental of new or used automobiles or other motor vehicles.
VEHICLE WASH ESTABLISHMENT . A building or portion thereof where vehicles are washed. Such facilities shall include:
(1) AUTOMATIC WASH. Any facility, its structures, accessory uses, or paved area used wholly or partly to wash, clean and dry the exterior of automobiles, 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.
(2) SELF-SERVICE WASH. Any facility, its structures, accessory uses or paved area used wholly or partly to wash, clean and dry the exterior of automobiles using hand-held equipment.
WAREHOUSE. A building used for short and/or long term storage in connection with production and marketing or in connection with manufacturing, freight handling, and retailing.
WHOLESALE ESTABLISHMENT. A building used for the sale of goods in large amounts to retailers, or where merchandise is purchased in bulk amounts by consumers who must enroll in a membership at said establishment.
WIRELESS COMMUNICATION FACILITIES.
(2) COLLATION. The use of a wireless telecommunication support facility by more than one wireless telecommunication provider.
YARD. The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein:
(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum required horizontal distance between the front lot line and the nearest line of a main building.
(2) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum required horizontal distance between the rear lot line and the nearest line of a main building.
(3) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the minimum required horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
(Ord. 792, passed 12-3-01; Am. Ord. 836, passed 2-21-11; Am. Ord. 852, passed 3-16-15; Am. Ord. passed 2-20-17; Am. Ord. 862, passed 9-18-17; Am. Ord. 872, passed 11-15-18; Am. Ord. 873, passed 11-19-18)