As used in this Zoning Code, the following words and terms shall have the meanings given to them herein:
(1) Accessory Use and Accessory: An "accessory use" is a use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking space or loading) located on the same zoning lot as the principal use to which it is related.
When "accessory" is used in the text, it shall have the same meaning as accessory use. An accessory use includes, but is not limited to, the following:
A. Residential accommodations for servants and/or caretakers.
B. Swimming pools for the use of the occupants of a residence, or their guests.
C. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
D. 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.
E. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
F. Storage of goods used in or produced by industrial uses or related activities unless such storage is excluded in the applicable district regulations.
G. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.
H. Uses clearly incidental to a main use, such as, but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex.
I. Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.
J. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
(2) Adult day care home: A private dwelling in which persons 18 years or older are provided supervision, personal care and protection for periods of less than 24 hours a day, operated by a person who permanently resides as a members of the dwelling.
(3) Adult foster care family home: A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.
(Ord. 08-2002-09. Passed 10-1-02.)
(4) Adult Oriented Use: Any establishment which, for money or any other form of consideration either has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, or provide for viewing, off the premises or on premises, any adult-oriented materials or entertainment. Adult Oriented Use includes but is not limited to accessories, books, magazines, photographs, prints, drawings, paraphernalia, paintings, motion pictures, live shows, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof.
(Ord. 571. Passed 2-1-23.)
(5) Alley: Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
(6) Alterations: Any change, addition, or modification in construction or type of occupancy, or 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”.
(7) Apartment: A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(8) Auto Repair Station: A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or re-conditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles.
(9) Banking and Financial Institutions: A bank or financial institution is a for-profit or non-profit business open to the public and engaged in deposit banking and performing closely related functions such as making loans, investments, and fiduciary activities.
(Ord. 571. Passed 2-1-23.)
(10) 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 Appendix III following the text of this Zoning Code.)
(11) Bed and Breakfast: A use subordinate to the principal use of a dwelling unit as a single-family unit and a use in which transient guests are provided a sleeping room and breakfast in return for payment for no more than 30 consecutive days.
(Ord. 08-2002-09. Passed 10-1-02.)
(12) 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 a railroad right-of-way, unsubdivided acreage, lake, river or live stream, or between any of the foregoing and any other barrier to the continuity of development, or the corporate boundary lines of the Municipality.
(13) Building: Any structure, either temporary or permanent, having a room supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.
(14) Building Height: The vertical distance measured from the established grade to the highest point of the roof structure 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 in sloping terrain, the height may be measured from the average ground level of the grade at the building wall. (See Appendix IV following the text of this Zoning Code.)
(15) Building Line: A line formed by the face of the building. For the purpose of this Zoning Code, a minimum building line is the same as a front setback line. (See Appendix V following the text of this Zoning Code.)
(1975 Code §5.6)
(16) Child Care Center: A facility in which one or more children are given care and supervision for periods of less than 24 hours per day on a regular basis. Child care centers do not include family or group day care homes, or schools. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as nursery operated during church services or public meetings, or by a fitness center or similar operation, shall be considered accessory to such principal use and shall not be considered to be a child care center.
(17) Child Day Care Homes:
A. Family day care: A private residence in which less than seven minor children are given care and supervision for periods of less than 24 hours per day, operated by a person who permanently resides as a member of the household, which is registered with the State Department of Family Independence.
B. Group day care: A private residence in which more than six but less than 12 minor children are given care and supervision for periods of less than 24 hours per day, operated by a person who permanently resides as a member of the household, which is regulated by the State Department of Social Services.
(18) Church, Mosque, Synagogue: A building the primary use of which is regular assembly of persons for religious worship or services and which qualifies for tax exempt status under Section 501(C)(3) of the U.S. Internal Revenue Code.
(Ord. 08-2002-09. Passed 10-1-02.)
(19) Church, Mosque, Synagogue Related Accessory Uses: Accessory related uses for a church, mosque or synagogue for the purposes of this Zoning Code include the following:
A. A child care facility established within such use provided that it is licensed as required by State of Michigan law.
B. A fellowship hall and/or kitchen for the purpose of hosting fundraisers, funeral meals, wedding receptions and related activities.
C. A food pantry for the purposes of distributing food to members of the community to consume off-site.
D. A pre-school or vacation bible school to provide educational opportunities for young people who may or may not be members of the church.
(Ord. 461. Passed 10-7-08.)
(20) 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 professionals.
(21) Clinic, Medical, or Dental: A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of a person solely on an outpatient basis.
(Ord. 571. Passed 2-1-23.)
(22) 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. (1975 Code § 5.7)
(23) Condominium: For the purpose of condominium units or condominium developments, the words and phrases defined in Sections 3 to 10 of Act 59 of the Public Acts of 1975, entitled the Condominium Act, as amended by Act 538 of the Public Acts of 1982, shall have the meanings respectively ascribed to them in those sections, which are hereby adopted and made a part hereof and incorporated herein by reference.
(24) Condominium Residential Dwelling Unit: For the purpose of this Zoning Code, a condominium residential dwelling unit shall be known as an individual ownership of a one-family dwelling within a multi-unit residential housing structure.
(Ord. 323. Passed 7-5-88.)
(25) Convalescent or Nursing Home: A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals and nursing and medical care.
(26) Development: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.
(27) District: A portion of the incorporated area of the Municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
(28) 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 rather than within a building or structure.
(29) Dry Cleaning Establishment: An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry, dry cleaning equipment, or machinery.
(Ord. 571. Passed 2-1-23.)
(30) Dry Cleaning Plant: A building or portion of a building, or premises, used or intended for cleaning fabrics, textiles, wearing apparel, or articles of any sort that are cleaned by process of immersion or agitation in volatile solvents. petroleum distillates, and chlorinated hydrocarbons.
(Ord. 571. Passed 2-1-23.)
(31) Dwelling, Multiple-family: A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
(32) Dwelling, One-family: A building designed exclusively for and occupied by one family.
(33) Dwelling, Two-family: A building designed exclusively for occupancy by two families living independently of each other.
(34) Dwelling Unit: A building or portion thereof, designed for occupancy by one family for residential purposes, having cooking facilities, and a gross floor area of not less than 500 square feet.
(1975 Code § 5.7)
(35) Enclosed Locked Facility: A closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a primary caregiver or qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the qualifying patient or a person designated through the Departmental of Licensing and Regulatory Affairs registration process as the primary caregiver for the qualifying patient or qualifying patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the qualifying patient or the primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:
A. The vehicle is being used temporarily to transport living marihuana plants from one location to another with the intent to permanently retain those plants at the second location.
B. An individual is not inside the vehicle unless he or she is either the qualifying patient to whom the living marihuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the qualifying patient.
(Ord. 481. Passed 12-7-10; Ord. 515. Passed 10-7-14.)
(36) Erected: Built, constructed, altered, reconstructed or moved upon. Any physical operations on premises which are required for construction, excavation, fill, drainage, and the like, shall be considered a part of erection.
(37) 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, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety, or welfare.
(38) Event Center: Any establishment at which organized events for the purpose of amusement, entertainment, or ceremony are held when a reserving party utilizes the space for a contractual period of time or, if open to the general public, the public pays an admission fee.
(Ord. 571. Passed 2-1-23.)
(39) Excavation: Any breaking of ground, except common household gardening and ground care.
(40) 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 Zoning Code.
(41) Farm: The carrying on of any agricultural activity or the raising of livestock or small animals as a source of income.
(42) Floor Area, Residential: For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches. (See Appendix VI following the text of this Zoning Code.)
(43) Floor Area, Usable (for the purposes of computing parking): 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 or sanitary facilities, and hallways, shall be excluded from this computation of "usable floor area". The sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls, shall be the method of measurement. (See Appendix VI following the text of this Zoning Code.)
(1975 Code § 5.8)
(44) Foster Care Facility: An establishment that provides supervision, assistance, protection or personal care, in addition to room and board, to persons. A foster care facility is other than a home for the aged or nursing home, licensed under Article 17 of the Public Health code, Act No. 368 of the Public Acts of Michigan of 1978 (M.C.L.A. 333.20101 et seq., MSA 14.15 (20101) et seq.), or a mental hospital for mental patients licensed under Sections 134-150 of Act No. 258 of the Public Acts of Michigan of 1974 (M.C.L.A. 330.1135 et seq., MSA 14.800(135) et seq.).
(Ord. 08-2002-09. Passed 10-1-02.)
(45) Garage, Private: An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.
(46) Garage, Service: Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
(47) Gasoline Service Station: A place for the dispensing, sale, or offering for sale of motor fuels, directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.
(48) General Office: An office for activities such as, but not limited to, real estate agencies, advertising agencies, insurance agencies, travel agencies and ticket sales, chambers of commerce, credit bureaus (but not finance institutions), abstract and title agencies or insurance companies, stockbrokers, and the like. It is characteristic of a business office where retail or wholesale goods are not shown or sold on the premises to a customer. A barber or beauty shop is not a general office.
(Ord. 571. Passed 2-1-23.)
(49) Governmental Building or Facility: A building or structure owned, operated, or occupied by a governmental agency to provide governmental service to the public.
(Ord. 571. Passed 2-1-23.)
(50) Grade: The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the dwelling.
(51) Group Home: A facility that provides foster care to seven or more persons.
(52) Homes for the Elderly, Retired, or Those Requiring Assisted Care: A facility for persons 55 years or older or for those requiring extended care, including convalescent or nursing homes, but not including a hospital, which either provides or offers a level of care to its residents required to be licensed by the State or contains individual resident rooms or dwelling units with or without separate cooking facilities.
(Ord. 08-2002-09. Passed 10-1-02.)
(53) Home Occupation: An occupation or business that is conducted in or on property containing a dwelling unit in a manner that is clearly secondary and accessory to the principal residential use of the property as regulation by Section 1286.10 herein.
(Ord. 483. Passed 2-1-11.)
(54) Hotel: A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered:
A. Maid service
B. Furnishing of linen
C. Telephone, secretarial, or desk service
D. Bellboy service
A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.
(55) Indoor Recreational Facility: A commercial. recreational land use conducted entirely within a building (i.e., arcades, athletic and health clubs, gymnasiums, swimming pools, skating, etc.).
(Ord. 571. Passed 2-1-23.)
(56) Institutional Use: Public and public-private group use of a non-profit nature, typically engaged in public service (i.e., places of public gathering, charitable organizations, libraries, museums, nonprofit cultural centers, etc.).
(Ord. 571. Passed 2-1-23.)
(57) 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 metal, 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.
(1975 Code § 5.9)
(58) Kennel, Commercial: Any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded. Kennel shall also include any lot or premises where household pets are bred or sold.
(59) 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.
(60) Lot: A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records.
(61) Lot Area: The total horizontal area within the lot lines of the lot.
(62) Lot, Corner: A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purpose of this Zoning Code if the arc is of less radius than 150 feet and tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees. (See Appendix VII following the text of this Zoning Code.)
(63) Lot Coverage: The part or percent of the lot occupied by a building, including accessory buildings.
(64) Lot Depth: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(65) Lot, Interior: Any lot other than a corner lot. (See Appendix VII following the text of this Zoning Code.)
(66) 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, it is that line separating said lot from either street.
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 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.
(67) Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Municipal or County officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
(68) Lot, Through: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In case of a row of double frontage lots, all yards of said lots adjacent to a street shall be considered frontage, and front yard setbacks shall be provided as required. (See Appendix VII following the text of this Zoning Code.)
(69) Lot Width: The horizontal distance between the side lot line, measured at the two points where the building line, or setback line, intersects the side lot lines.
(1975 Code § 5.10)
(70) 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 Zoning Code 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, but may include one or more lots of record.
(71) Main Building: A building in which is conducted the principal use of the lot upon which it is situated.
(72) Main Use: The principal use to which the premises are devoted and the principal purpose for which the premises exist.
(73) Major Thorofare: An arterial street which is intended to serve as a large volume trafficway for both the immediate Municipal area and the region beyond, and which is designated as a major thorofare, parkway, freeway, expressway or an equivalent term on the Major Thorofare Plan to identify those streets comprising the basic structure of the Major Thorofare Plan.
(74) 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 Municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the legislative body.
(75) Medical or Dental Laboratories: A facility used for medical, dental, or other health science collection, research, or analysis.
(Ord. 571. Passed 2-1-23.)
(76) Medical Use of Marihuana: The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia related to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the condition.
(Ord. 481. Passed 12-7-10; Ord. 515. Passed 10-7-14.)
(77) Mobile Food Vending: Vending, serving, or offering for sale food or beverages from a mobile food vending unit, that may include the ancillary sale of branded items consistent with the food or mobile food vendor, such as a tee-shirt that bears the name of the company, restaurant, or organization engaged in mobile food vending.
(78) Mobile Food Vending Operation: The setup, site preparation, opening, cooking, and preparing food for consumption, sales, and takedown of a mobile food vending unit and its accessory items that may be part of the regular operation of the mobile food vending unit.
(79) Mobile Food Vending Park: An established area designed to accommodate multiple mobile food vending units. This use is commonly referred to as a “food truck park.”
(80) Mobile Food Vending Unit: A vehicle or other structure (e.g. a cart) equipped to create, prepare, store, or package food from which the operator vends, serves, or offers food for sale. This term is intended to include the vendors commonly referred to as “food trucks” and other types of mobile vendors.
(81) Mobile Food Vendor: Any individual, company, restaurant, or organization operating a mobile food vending unit.
(Ord. 567. Passed 10-4-22.)
(82) Mobile Home (Trailer Coach): Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
(83) Mobile Home Park (Trailer Court): Any plot of ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes, are located.
(84) Motel: A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.
(85) Municipality: The City of Ionia, Michigan.
(86) Non-Conforming Building: A building or portion thereof lawfully existing on the effective date of this Zoning Code, or amendments thereto, that does not conform to the provisions of this Zoning Code in the district in which it is located.
(87) Non-Conforming Use: A use which lawfully occupied a building or land on the effective date of this Zoning Code, or amendments thereto, that does not conform to the use regulations of the district in which it is located.
(88) Nuisance Factors: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as:
A. noise
B. dust
C. smoke
D. odor
E. glare
F. fumes
G. flashes
H. vibration
I. shock waves
J. heat
K. electronic or automatic radiation
L. objectional effluent
M. noise of congregation of people, particularly at night
N. passenger traffic
O. invasion of nonabutting street frontage by traffic.
(1975 Code § 5.11)
(89) Nursery, Plant Materials: A space, building or structure, or 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. The definition of nursery within the meaning of this Zoning Code does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
(90) 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 three vehicles.
(91) Open Front Store: A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "Open Front Store" shall not include automobile repair stations or automobile service stations.
(92) Parking Space: An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and fully accessible for the storage of parking of permitted vehicles.
(93) Person: An individual, partnership, corporation association, club, joint venture, estate, trust, governmental unit, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
(Ord. 481. Passed 12-7-10.)
(94) Personal Services: Enterprises serving individual necessities, such as barber shops, beauty salons and spas, clothing rental, coin-operated laundromats, massage services by masseurs/masseuses, photographic studios, tattoo parlors.
(Ord. 571. Passed 2-1-23.)
(95) Place of Public Assembly: Buildings, structures and grounds, including theaters, churches, auditoriums, sports arenas, concert halls, lecture halls and other similar facilities intended for commercial or non-commercial entertainment, instruction, worship or similar activities involving assembled groups of people numbering thirty (30) or more.
(Ord. 571. Passed 2-1-23.)
(96) Primary Caregiver: A person who is at least 21 years old and who has agreed to assist with a qualifying patient's medical use of marihuana and who has not been convicted of any felony within the past ten years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter x of the Code of Criminal Procedure, 1927 PA 175, M.C.L.A. 770.9a.
(Ord. 481. Passed 12-7-10; Ord. 515. Passed 10-7-14.)
(97) Professional Services: A business that offers any type of personal service to the public that requires as a condition precedent to the rendering of such service, the provider must often obtain a license or other legal authorization. By way of example, and without limiting the generality of this definition, professional services include services rendered by certified public accountants, engineers, architects, medical doctors, dentists, and attorneys at law.
(Ord. 571. Passed 2-1-23.)
(98) Public Utility: A 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.
(99) Qualifying Patient: A person who has been diagnosed by a physician as having a debilitating medical condition and has been registered pursuant to the Michigan Medical Marihuana Act, MCL 333.26421 et seq.
(Ord. 481. Passed 12-7-10.)
(100) Room: For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least 80 square feet in area. A room shall not include the area in a kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing 1, 2 and 3-bedroom units, and including a "den", "library" or other extra room, shall count such extra room as a bedroom for the purpose of computing density.
(101) Seasonal Food Vending Permit: A permit allowing for up to nine (9) months of mobile food vending.
(Ord. 567. Passed 10-4-22.)
(102) Setback: The distance required to obtain front, side or rear yard open space provisions of this Zoning Code.
(103) Sign: The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known, such as are used to show an individual, firm, profession, or business, and which are visible to the general public.
(104) Sign, Accessory: A sign which is accessory to the principal use of the premises.
(105) Sign, Non-Accessory: A sign which is not accessory to the principal use of the premises.
(106) Single-Day Food Vending Permit: A permit allowing one-day of mobile food vending.
(107) Special Event Food Vending Permit: A permit granted via City Council resolution to allow mobile food ending on public land or public right-of-way when directly associated with a public event.
(Ord. 567. Passed 10-4-22.)
(108) Storage, Commercial: The storage of goods or materials for sale in or operation of a business.
(Ord. 571. Passed 2-1-23.)
(109) Storage, Outdoor: The storage of any good or materials outside the principal or accessory buildings on a property.
(Ord. 571. Passed 2-1-23.)
(110) Storage, Personal: A structure to be used, or intended to be used, for private noncommercial, nonindustrial storage uses, also commonly referred to as mini-storage.
(Ord. 571. Passed 2-1-23.)
(111) Story: That part of a building, except a mezzanine, 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.
(112) Story, Half: An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet, six inches. For the purposes of this Zoning Code, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
(113) Street: A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.
(114) Structure: Any thing constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. (See Appendix VIII following the text of this Zoning Code.)
(1975 Code § 5.12)
(115) Temporary Food Vending Permit: A permit allowing for up to fifteen (15) days of mobile food vending.
(Ord. 567. Passed 10-4-22.)
(116) Temporary Use or Building: A use or building permitted by the Board of Zoning Appeals to exist during periods of construction of the main building or use, or for special events.
(117) Use: The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
(118) Yards: The open spaces on the same lot with a main building occupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code, and as defined herein:
A. Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
B. Rear Yard: An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.
C. 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 horizontal distance from the nearest point on the side lot line to the nearest point of the main building. (See Appendix IX following the text of this Zoning Code.)
(119) Warehouse: Indoor facilities characterized by storage of finished or unfinished products for industry or commercial enterprises.
(Ord. 571. Passed 2-1-23.)
(120) Zoning Exceptions and Variances:
A. Exception: Exception is a use permitted only after review of an application by the Board of Zoning Appeals or the Planning Commission, other than the administrative official (Community Development Director), such review being necessary because the provisions of this Zoning Code covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by this Zoning Code.
B. Variance: A modification of the literal provisions of this Zoning Code granted when strict enforcement of this Zoning Code would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.
C. The "Exception" differs from the "Variance" in several respects. An exception does not require "undue hardship" in order to be allowable. The exceptions that are found in this Zoning Code appear as "special approval" by the Planning Commission, the legislative body, or the Board of Zoning Appeals. These land uses could not be conveniently allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
1. They require large areas
2. They are infrequent
3. They sometimes create an unusual amount of traffic
4. They are sometimes obnoxious or hazardous
5. They are required for public safety and convenience.
(1975 Code § 5.13) (Ord. 539. Passed 3-5-19)