1260.08 RULES OF CONSTRUCTION; DEFINITIONS.

   (a)   The following rules of construction apply to the text of this Zoning Code:

      (1)   The particular shall control the general.

      (2)   In the case of any difference of meaning or implication between the text of this Zoning Code and any caption or illustration, the text shall control.

      (3)   The word “shall” is always mandatory and not discretionary. The word “may” is permissive and discretionary.

      (4)   Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

      (5)   A “building” or “structure” includes any part thereof. The word “dwelling” includes “residence”. The word “lot” includes the words “plot” or “parcel”.

      (6)   The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for” or “occupied for.”

      (7)   The word “person” includes an individual, a firm, an association, an organization, a corporation (public or private), a partnership or co-partnership, a limited liability company, an incorporated or unincorporated association, a trust, or any other entity recognizable as a “person” under the laws of Michigan.

      (8)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction “and,” “or” or “either ... or,” the conjunction shall be interpreted as follows:

         A.   “And” indicates that all the connected items, conditions, provisions or events shall apply.

         B.   “Or” indicates that all the connected items, conditions, provisions or events shall apply singly or in any combination (i.e., “or” also means “and/or”).

         C.   “Either ... or” indicates that the connected items, conditions, provisions or events may apply singly.

      (9)   The terms “this Zoning Code” or “this Code” includes the Zoning Ordinance and any amendments thereto.

      (10)   The terms “abutting” or “adjacent to” include property “across from”, such as across a street, alley, or an easement. This term shall also apply to adjacent zoning districts in an adjacent community.

      (11)   Terms not defined in this chapter shall have the meaning customarily assigned to them.

   (b)   In addition, as used in this Zoning Code, the following words and terms shall have the following meanings:

ACCESS MANAGEMENT (ACCESS CONTROL): A technique to improve traffic operations along a major roadway and decrease the potential for accidents through the control of driveway locations and design; consideration of the relationship of traffic activity for properties adjacent to, and across from, one another; and the promotion of alternatives to direct access.

ACCESS TO PROPERTY, REASONABLE: A property owner’s legal right, incident to property ownership, to access a public road right-of-way. Reasonable access to property may be indirect and certain turning movements may be prohibited for improved safety and traffic operations.

ACT: The term “act” or “doing of an act” includes “omission to act.”

ADEQUATE LATERAL SUPPORT: The control of soil movement on a site as determined by accepted engineering standards.

ADULT DAY CARE FACILITY: A facility which provides daytime care for any part of a day, but less than twenty-four (24) hour care, for functionally impaired elderly persons provided through a structured program of social and rehabilitative or maintenance services in a supportive group setting other than the client’s home. Such facilities are not licensed; however, those receiving funds through an Area Agency on Aging must comply with adult day care standards promulgated by the Michigan Office of Services to the Aging.

ADULT FOSTER CARE FACILITY: A governmental or nongovernmental establishment that provides supervision, personal care, and protection, in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks, for compensation, for adults over eighteen (18) years of age. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, or residential centers for persons released from or assigned to a correctional facility. These facilities are licensed and regulated by the state under Michigan Public Act 218 of 1979, as amended, and rules promulgated by the Michigan Department of Consumer and Industry Services. Such facilities are classified as follows:

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

      (2)   Adult Foster Care Small Group Home: An adult foster care facility with the approved capacity to receive twelve (12) or fewer adults to be provided with foster care.

      (3)   Adult Foster Care Large Group Home: An adult foster care facility with the approved capacity to receive at least thirteen (13), but not more than twenty (20), adults to be provided with foster care.

      (4)   Adult Foster Care Family Home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for twenty-four (24) hours a day, for five (5) or more days a week, and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

ADULT REGULATED USES OR SEXUALLY ORIENTED BUSINESSES:

      (1)   Uses: Any business which primarily features sexually stimulating material and/or performances, including the following uses:

         A.   Adult business use. “Adult business use” is specifically defined as follows:

            1.   Adult Business: means adult bookstores, adult movie theaters, adult personal service businesses, adult cabarets, massage parlors, and nude modeling studios. (Res. 2018-99A. Passed 4-16-18. Eff. 5-2-18.)

            2.   Adult Book Store: means an establishment having a substantial portion (more than twenty percent (20%)) of its stock in trade in books, magazines and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes and novelty items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” or an establishment with a segment or section devoted to the sale or display of such material, which segment or section exceeds ten percent (10%) of the usable floor area of the establishment.

            3.   Adult Cabaret:

               a.   “Group A cabaret” means an establishment which features nude or semi-nude entertainers, topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, nude or semi-nude waitresses or waiters or similar entertainers, or an establishment which features live entertainment distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

               b.   “Group D cabaret” means an establishment licensed by the Michigan Liquor Control Commission, which establishment offers beer or intoxicating liquor for consumption on the premises and features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, topless waitresses or similar entertainers.

            4.   Adult Model Studio: Any place where models who display “specified anatomical areas” (as defined herein) are present to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons who pay some form of compensation or gratuity. This definition shall not apply to any accredited art school or similar educational institution.

            5.   Adult Motion Picture Arcade or Miniature Motion Picture Theater: Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to “specified sexual activities” or “specified anatomical areas” (as defined herein).

            6.   Adult Movie Theater or Adult Live Stage Performing Theater: An enclosed building or room used for presenting motion picture films, video cassettes, cable television or any other visual media having as a dominant theme materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.

            7.   Adult Outdoor Motion Picture Theater: A drive-in theater where a substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age.

            8.   Adult Personal Service Business: A business having as its principal activity a person, while nude or while displaying specified anatomical areas, providing personal services for another person. Such a business includes, but is not limited to, modeling studios, body painting studios, wrestling studios and conversation parlors.

   Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged to provide as part of its services, massages, body rubs, body painting, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult personal service establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an adult personal service establishment:

               a.   Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed physical therapist, a licensed practical nurse practitioner, or any other similarly licensed or certified medical professional;

               b.   Establishments which offer massages performed by certified massage therapists;

               c.   Gymnasiums, fitness centers and health clubs;

               d.   Electrolysis treatment by a licensed operator of electrolysis equipment;

               e.   Continuing instruction in martial or performing arts, or in organized athletic activities;

               f.   Hospitals, nursing homes, medical clinics, or medical offices;

               g.   Barber shops, beauty parlors, hair stylists and salons which offer massages by certified massage therapists; and

               h.   Adult photography studios whose principal business does not include the taking of photographs of “specified anatomical areas” as defined herein.

            9.   Adult Video Store: An establishment having a substantial portion of its stock in trade devoted to the distribution, display, storage, or on-premises viewing of films, movies, motion pictures, video cassettes, slides, or other visual representations which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

            10.   Sexual Paraphernalia Store: An establishment having a substantial portion of its stock in trade devoted to the distribution, display, or storage of instruments, devices, or paraphernalia designed for use related to “specified anatomical areas” or as part of, in connection with, or related to “specified sexual activities” (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.

         B.   Special definitions. With respect to adult regulated uses or sexually oriented businesses, the following words and terms shall have the following meanings:

            1.   Substantial Portion: A use or activity accounting for more than twenty percent (20%) of any one (1) or more of the following: stock in trade, sales revenue, display space, floor space, viewing time, movie display time, or entertainment time measured per month.

            2.   Specified Anatomical Areas: Portions of the human body defined as follows:

               a.   Less than completely and opaquely covered:

            1.   Human genitalia and pubic region;

            2.   Buttock and anus; and

            3.   Female breast below a point immediately above the top of the areola; or

               b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

            3.   Specified Sexual Activities: The explicit display of one (1)or more of the following:

               a.   Human genitals in a state of sexual stimulation or arousal;

               b.   Fondling or other erotic touching of human genitalia, pubic region, buttocks, anus, or female breast;

               c.   Human sex acts, normal or perverted, actual or simulated including, but not limited to, human masturbation, oral copulation, sexual intercourse, or sodomy;

               d.   Human excretory functions as part of, or as related to, any of the activities described above; and/or

               e.   Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or related to, any of the activities described above.

            4.   Sexual Intercourse: Includes fellatio, cunnilingus, anal intercourse or any other intrusion, however slight, of any part of a person’s body, or of any object, into the genital or anal opening of another’s body.

            5.   Sodomy: Sexual bestiality.

            6.   Buttock: Includes the anus and perineum of any person.

            7.   Massage Parlor: An establishment wherein private massage is practiced, used or made available as a principal use of the premises.

            8.   Massage: The manipulation of body muscle or tissue, by rubbing, stroking, kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the body of another for a fee.

            9.   Nude Modeling Studio: Any building, structure, premises or a part thereof used primarily as a place which offers as its principal activity the providing of models to display specified anatomical areas for artists and photographers for a fee.

ALLEY: A secondary thoroughfare, less than thirty (30) feet in width, not intended for general traffic circulation, dedicated for the public use of vehicles and pedestrians and affording a secondary means of access to abutting property.

ALTERATIONS: “Alterations,” as applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress; a change, addition, enlargement, or modification in construction or type of occupancy, whether by extending on a side or by increasing in height; or the moving from one location or position to another, the consummated act of which may be referred to herein as “altered” or “reconstructed.”

ANIMAL, WILD OR EXOTIC: Any animal not domesticated by humans or any animal which a person is prohibited from possessing by law. Wild or exotic animals shall include, but shall not be limited to, the following: alligator and crocodile (family); deer (family); opossum (family); badger; wild dog or wolf (family); primate, excluding humans (family); bear; raccoon; ferret; skunk; wild cat (family); lemur; spider (poisonous); coyote; lizard, snake, and other reptile (poisonous); weasel (family); wild boar or swine (family); and marten.

ANTIQUE: A product that is sold or exchanged because of its high value, rarity, or unique vintage character, and is typically a minimum of 50 years of age or older. Antiques are not simply a product that is not new or old. (Res. 2016-13A. Passed 2-1-16, effective 3-2-16.)

ANTIQUE MALL: A building or part of a building under unified control of a licensed antique mall operator that is partitioned to provide spaces for the sale of antiques by antique dealers, for items such as clocks, lamps, rugs, furniture and collectibles, such as sports trading cards, records and the like, listed in a bona fide published collectible guidebook, with price guides. (Res. 2012-223A. Passed 7-16-12, effective 8-1-12.)

APARTMENT: A suite of rooms or a room in a multiple-family or commercial 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.

APARTMENT, ACCESSORY: (i.e. “mother-in-law” apartment) A single apartment unit contained within a single family home meeting the regulations of this Zoning Code.

APPEAL: An entreaty or demand for a hearing or review of facts and/or actions in connection with the public enforcement of this Zoning Code.

ARCHITECTURAL FEATURES: Any building, structure, or significant portion thereof, that is sufficiently distinctive or unusual in design or construction as to warrant the preservation and minimal alteration of its original form.“Architectural features” of a building include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

AREA OF SHALLOW FLOODING: This means a designated AO zone on the Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and indeterminate, and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD: This is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

ARTERIAL STREET: A street defined in the Comprehensive Development Plan as a “major traffic route” and/or as an arterial or major street by the Michigan Department of Transportation, where the movement of through traffic is the primary function, with service to adjacent land uses a secondary function.

AUTOMOTIVE FUELING STATION: A place where engine fuels are offered for sale (stored only in underground tanks), excluding facilities for automotive repair or serving, and with or without accessory space for the retail sale of automotive or general merchandise; however, such space shall be limited to one hundred (100) square feet of gross floor space.

AUTOMOTIVE REPAIR STATION: A place where, along with or without the sale of engine fuels, the following services may be carried out in a completely enclosed building: general repair, engine and transmission rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, steam cleaning, undercoating and rust proofing; overall painting and undercoating of automobiles; clutch, differential, axle and spring repairs; repairs of the radiator that require removal; recapping or retreading of tires; and similar servicing, rebuilding or repairs that normally require significant disassembly or storing of automobiles on the premises overnight.

AUTOMOTIVE SERVICE CENTER/STATION: A building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and includes the customary space and facilities for the installation of such commodities on or in such vehicles, including space for facilities for storage, minor repair or servicing, limited to the following: engine tune-ups, servicing of spark plugs, batteries, distributors and distributor parts; servicing of brakes and shocks, air conditioning and exhaust systems; oil change or lubrication; tire servicing and repair, to include replacement, wheel balancing and alignment, but not recapping or regrooving; installation or replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, mirrors, auto glass, accessory equipment, and the like; radiator cleaning and flushing; fuel pump, oil pump and line repairs; minor servicing and repair of carburetors; or similar servicing or repairs that do not normally require any significant disassembly or storing of automobiles on the premises overnight. Sales of used cars, new cars, used trucks, new trucks, motorcycles or other land vehicle types, or sales unrelated to service station uses, are not included.

AUTOMOBILE WASH ESTABLISHMENT: A building or portion thereof where automobiles or other vehicles are washed with the use of a chain conveyor and blower and having, as optional equipment, steam cleaning devices.

BASEMENT: That portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be included as a story for height measurement, and shall not be used for dwelling units, offices, retail sales or manufacturing, but may be used for storage, heating and utility facilities, etc. Should the vertical distance between the floor and midpoint, and ceiling and midpoint, be equal, the area shall be counted as a basement.

BED AND BREAKFAST INN: Any dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including provision for a morning meal only for the overnight guest. A bed and breakfast is distinguished from a motel in that a bed and breakfast establishment shall have only one (1) set of kitchen facilities, employ only those living in the house or up to one (1) additional employee, and have a facade style consistent with the surrounding homes.

BEDROOM: A room in a dwelling unit used for or intended to be used solely for sleeping purposes by human beings.

BERM: A mound of soil graded, shaped and improved with landscaping in such a fashion so as to be utilized for screening purposes.

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

BOARDING HOUSE OR TOURIST HOUSE: A building arranged or used for lodging, with or without meals, for compensation, by more than five (5) and not more than twenty (20) individuals, by pre-arrangement for definite periods (exceeding ten (10) days). A boarding house shall be distinguished from a hotel.

BOARD OF APPEALS: The Zoning Board of Appeals of the City of Lincoln Park.

BOAT: Boats, floats, rafts and the attached normal equipment to transport the same on highways.

BODY ART FACILITY: Any location that has complied with the licensing process as defined by the state (Section 13104 of P.A. 375 of 2010), at which an individual does one or more of the following: performs tattooing, performs branding, and/or performs body piercing. (Res. 2018-99A. Passed 4-16-18. Eff. 5-2-18.)

BREWPUB: A restaurant or tavern (as defined within this Zoning Code) licensed by the State of Michigan to produce and manufacture not more than five thousand (5,000) barrels of beer per calendar year in Michigan, and sell at retail on the premises the beer produced and manufactured for consumption on or off the premises, in the manner provided for in MCLA 436.31b and 436.31c.

BUFFER ZONE: A strip of land often required between certain zoning districts or land uses reserved for plant material, berms, walls, or fencing to serve as a visual barrier.

BUILDABLE AREA: The space remaining on a lot after compliance with the minimum required setbacks of this Zoning Code.

BUILDING: An independent structure having a roof supported by columns or walls, intended and/or used for the shelter or enclosure of persons or chattels. When any portion thereof is completely separated from every other part by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building. This refers to both temporary and permanent structures and includes tents, sheds, garages, stables, greenhouses or other accessory structures.

BUILDING, ACCESSORY: A supplementary building or a portion of a main building, the use of which is incidental to, customarily found in connection with, devoted exclusively to, and subordinate to that of the main building and which is located on the same lot as the main building, but such use shall not include any building used for dwelling, lodging or sleeping quarters for human beings. “Accessory building” includes garages, garden equipment sheds, small greenhouses and swimming pools.

BUILDING HEIGHT: The vertical distance measured from the established grade of the building to the top of the highest roof beams of a flat roof, to the ridge line for mansard, gable, hip and gambrel roofs. Where a building is located upon a terrace, the height may be measured from the average grade of the terrace at the building wall. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.

(Res. 07-365A. Passed 11-5-07.)

BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the main or principal use of the lot upon which the building is situated.

BUILDING PERMIT: The written authority issued by the Building Inspector permitting the construction, removal, moving, alteration or use of a building in conformity with this Zoning Code.

BUILDING SETBACK OR BUILDING LINE: The line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided in this Zoning Code. Such line, when adjacent to a building, is normally formed by the junction of the outer surface of the building or enclosure wall with the finish grade or surface of the adjoining ground.

BUILDING SUPERINTENDENT: The Superintendent of the Building Department of the City or his or her authorized representative.

BUILD-TO LINE: An alignment that dictates the front yard setback from a street or public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line does not apply to building projections or recesses.

BUILD-UP LINE: An alignment that dictates an average height to the cornice line or to the roof edge line on a street or space.

CANOPY TREE: A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purposes of a canopy tree are to provide shade to adjacent ground areas and to enhance aesthetics.

CAPITAL IMPROVEMENTS PLAN: A Capital Improvements Plan (CIP) outlines a schedule of public expenditures over the ensuing six-year period. The CIP does not address all of the capital expenditures of the City, but provides for large, physical improvements that are permanent in nature, including the basic facilities, services, and installations needed for the functioning of the community.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

CEMETERY: Land used or intended to be used for burial of the human dead and dedicated for such purpose.

CERTIFICATE OF OCCUPANCY: No building or structure or use for which a building permit has been issued shall be occupied until the Building Inspector has, after final inspection, issued a Certificate of Occupancy (CO) indicating his or her opinion that all the provisions of this Zoning Code are being complied with. The issuance of a Certificate of Occupancy shall in no case be construed as waiving any provisions of this Zoning Code.

CHIEF ADMINISTRATIVE OFFICIAL: The manager or other highest non-elected administrative official of the City.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

CHIEF ELECTED OFFICIAL: The Mayor.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

CHILD CARE ORGANIZATION: A governmental or nongovernmental organization having as its principal function the receiving of minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. These facilities care for children under the age of eighteen (18) years and are licensed and regulated by the State under Act 116 of the Public Acts of 1973, as amended, and Act 218 of the Public Acts of 1979, as amended, and the associated rules promulgated by the State Department of Consumer and Industry Services. Such child care organizations are classified below:

   (1)   Child Care Center or Day Care Center: A facility other than a private residence, receiving one (1) or more preschool or school age children for group day care for periods of less than twenty-four (24) hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less that two (2) consecutive weeks, regardless of the number of hours of care per day.

   The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. "Child care center" or "day care center" does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

   (2)   Child Caring Institution: A child care facility which is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a twenty-four (24) hour basis, in a building maintained for that purpose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools, or an adult foster care facility in which a child has been placed.

   (3)   Foster Family Home: A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

   (4)   Foster Family Group Home: A private home in which more than four (4) but less than seven (7) children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

   (5)   Family Day Care Home: A private home in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty- four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than (4) weeks during a calendar year.

   (6)   Group Child Care Home: A private home in which more than six (6) but not more than twelve (12) children are given care and supervision for periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks during a calendar year. (Res. 2022-167A. Passed 6-20-22, Eff. 7-6-22.)

   CHURCH: A building, the primary use of which is the regular assembly of persons for religious worship or services, together with accessory uses.

   CITY COUNCIL: The duly elected or appointed City Council of the City of Lincoln Park.

   CLINIC: A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than one profession, such as a physician, dentist or the like. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for in-patient care or major surgery.

   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.

   CLUSTER HOUSING: A group of buildings, and especially houses, built close together to form relatively compact units on a sizable tract in order to preserve open spaces and environmentally sensitive areas larger than the individual yards for common recreation.

   COCKTAIL LOUNGE (NIGHT CLUB): An establishment licensed by the State of Michigan to sell at retail and serve alcoholic beverages on the premises where more than thirty percent (30%) of the gross floor area is made up of a bar, being a barrier or counter at which any alcoholic beverages are sold or served to and consumed by customers, and also including areas dedicated for the use of stages, dance floors, standing-room areas, pool tables and similar mechanical amusement devices.

   CO-LOCATE OR CO-LOCATION: Any combination of growers, processors, and/or marihuana retail establishments that may operate as separate marihuana businesses at the same physical location. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

   COMMERCIAL USE: "Commercial use" relates to the use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services and the maintenance or operation therein of offices, or recreational or amusement enterprises.

   COMMERCIAL VEHICLE: Any one of a class of vehicles and similar vehicles whose characteristics are described below which have or require commercial license plates and have a gross vehicle weight in excess of six thousand, five hundred (6,500) pounds. Any commercially licensed vehicle which does not possess the characteristics of a commercial vehicle, as defined below, shall not be subject to the restrictions applying to commercial vehicles.

   (1)   Semitrailer: "Semitrailer" means a trailer unit which is customarily attached to and propelled by a truck tractor vehicle, but which can be detached to stand alone. "Semitrailer" shall include trailers with flat beds, stake beds, roll-off beds, tanker bodies, dump bodies and full or partial box-type enclosures, any of which above units exceeds twelve (12) feet in height.

   (2)   Truck Tractor: "Truck tractor" means a commercial vehicle which is capable of attaching to and propelling semitrailers, mobile homes, modular homes, boat trailers and similar units, and which is not customarily operated without an attached trailer.

   (3)   Other Commercial Vehicles: "Commercial vehicles" also includes any truck or motor vehicle with a cab and chassis with a stake, rack, dump body, wrecker body, tanker body or any other body, the mounted height of which exceeds the height of the cab roof by more than eight (8) inches. This shall include any vehicle which has a commercial license plate and which is designed to accommodate a body length in excess of nine (9) feet. "Commercial vehicle" does not include motor homes or recreational vehicles, but does include construction equipment such as backhoes, power shovels, bulldozers, earth moving equipment and similar vehicles.

   COMMISSION; PLANNING COMMISSION: The City of Lincoln Park Planning Commission created by ordinance, being the agency designated to prepare a Zoning Code and to recommend amendments to such Code, in accordance with the authority of Section 2, of Act 285 of the Public Acts of 1931, as amended.

   COMMON LAND: A parcel or parcels of land with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and/or occupants of individual building units in a subdivision or a planned unit development.

   COMMON OPEN SPACE: An unoccupied area within a planned unit development which is reserved primarily for the leisure and recreational use of all the planned unit development residents, owners and occupants, and generally owned and maintained in common by them, often through a homeowners association.

   CONDOMINIUM: A system of separate ownership of individual units and/or multiple-unit projects according to Act 59 of the Public Acts of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.

   CONDOMINIUM ACT: Act 59 of the Public Acts of 1978, as amended.

   CONDOMINIUM, CONTRACTIBLE: A condominium project from which any portion of the submitted land or building may be withdrawn pursuant to express provisions in the condominium documents and in accordance with these Codified Ordinances and the Condominium Act.

   CONDOMINIUM, CONVERSION: A condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.

   CONDOMINIUM, CONVERTIBLE AREA: A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this Zoning Code and the Condominium Act.

   CONDOMINIUM, EXPANDABLE: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this Zoning Code and the Condominium Act.

   CONDOMINIUM-GENERAL COMMON ELEMENT: The common elements other than the limited common elements intended for the common use of all co-owners.

   CONDOMINIUM-LIMITED COMMON ELEMENT: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

   CONDOMINIUM MASTER DEED: The condominium document recording the condominium project as approved by the City, including attached exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

   CONDOMINIUM-SITE CONDOMINIUM PROJECT: A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. A residential site condominium project shall be considered as equivalent to a platted subdivision for purposes of regulation in this Zoning Code.

   CONDOMINIUM SUBDIVISION PLAN: Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Act 59 of the Public Acts of 1978, as amended.

   CONDOMINIUM UNIT SITE (i.e., SITE CONDOMINIUM LOT): The area designating the perimeter within which the condominium unit must be built. After construction of the condominium unit, the balance of the condominium unit site shall become a limited common element. The term "condominium unit site" shall be equivalent to the term "lot" for purposes of determining compliance of a site condominium subdivision with the provisions of this Zoning Code pertaining to minimum lot size, minimum lot width, minimum lot coverage and maximum floor area ratio. Condominium setbacks shall be measured as described below:

   (1)   Front Yard Setback: The distance between the public street right-of-way or private road easement line and the foundation of the unit site. Where there is no public right-of-way or access easement, the front yard setback required in the district shall be measured from fifteen (15) feet from the nearest pavement edge to the foundation of the unit.

   (2)   Side Yard Setback: The distance between the side of a condominium building unit and the side unit (lot) line. Where no unit (lot) lines are provided, the distance between the closest points of two (2) units shall be double the side yard setback required in the zoning district.

   (3)   Rear Yard Setback: The perimeter shall be the distance between the limit of the development and the rear of the unit; within the development, rear yard setbacks shall be measured as the distance between the rear building line and the rear site (lot) line, or where lot lines are not defined, the space between the rear building lines of two (2) buildings shall be double the rear yard setback required in the zoning district.

CONDOMINIUM UNIT: The portion of the condominium project designed and intended for separate ownership as described in the master deed, regardless of whether it is intended for residential, office, industrial, business or recreational use, use as a time-share unit, or any other type of use.

CONFLICT OF INTEREST: A real or seeming incompatibility between one's private interests and one's public or fiduciary duties.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

CONVALESCENT HOME OR NURSING HOME: A home for the care of children, the aged or the infirm, or a place of rest for persons suffering serious bodily disorders, wherein two (2) or more persons are cared for. Such home shall also conform to and qualify for a license under applicable State laws (Act 139 of the Public Acts of 1956, as amended).

COUNTY BOARD OF COMMISSIONERS: The elected county board, as defined in MCL 125.3803.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

COURT: A yard, other than a required open space, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.

CUL-DE-SAC: A dead-end public or private street which terminates in a circular or semicircular section of street which allows for vehicle turnaround.

DECELERATION LANE: An added roadway lane that permits vehicles to slow down and leave the main vehicle stream before turning.

DENSITY: The number of dwelling units situated on or to be developed per net or gross acre of land.

DETENTION FACILITY: A facility designed for holding stormwater runoff for a short period of time and then releasing it to the natural watercourse where it returns to the hydrologic cycle.

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.

DISTRICT: A portion of the City within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under this Zoning Code. This term is synonymous with the term “zone” or “zoning district.”

DONATION BIN: A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items; provided, however, that the definition of donation collection bins shall not include trailers where personnel are present to accept donations. (Res. 2016-13A. Passed 2-1-16, effective 3-2-16.)

DRAINAGE WAYS AND STREAMS: Existing permanent or intermittent watercourses.

DRIVE-IN ESTABLISHMENT: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in or momentarily stepped away from their motor vehicles, rather than within a building or structure, so that consumption within motor vehicles may be facilitated.

DRIVE-THROUGH ESTABLISHMENT: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to service patrons from a window or booth while in their motor vehicles, rather than within a building or structure, so that consumption off the premises may be facilitated.

DWELLING UNIT: A house or building, or portion thereof, which is occupied wholly as the home, residence or sleeping place of one (1) or more human beings, either permanently or transiently, but in no case shall a trailer coach, automobile chassis, tent or portable building be considered as a dwelling. In case of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purpose of this Zoning Code and shall comply with the provisions hereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed as part of a dwelling for area requirements.

DWELLING UNIT, ATTACHED: A dwelling unit attached to one (1) or more dwelling units by common major structural elements.

DWELLING UNIT, DETACHED: A dwelling unit which is not attached to any other dwelling unit by any means.

DWELLING UNIT, EFFICIENCY APARTMENT: A dwelling unit with a bathroom and principal kitchen facilities designed as a self-contained unit for living, cooking, and sleeping purposes, and having no separate designated bedroom.

DWELLING UNIT, MANUFACTURED: A building or portion of a building designed for long-term residential use and characterized by all of the following:

      (1)   The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended;

      (2)   The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities;

      (3)   The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site.

   A mobile home is a type of manufactured housing, which is defined as follows: A structure, transportable in one (1) or more sections, which is built upon 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. Recreational vehicles as described and regulated herein shall not be considered “mobile homes” for the purposes of this Zoning Code.

DWELLING UNIT, SITE BUILT: A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. Site-built dwelling units shall include dwelling units constructed of precut materials, and paneled wall, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as it final location.

DWELLING, MULTIPLE: A building or portion thereof used for and as a residence for three (3) or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses and apartment hotels, but not including homes.

DWELLING, ONE-FAMILY: A detached building occupied by one (1) family and so designed and arranged as to provide living, cooking and kitchen accommodations for one (1) family only. A one (1)-family dwelling in also known as a single-family dwelling.

DWELLING, TERRACE, ROW OR TOWNHOUSE: A free-standing building of not less than four (4) dwelling units arranged laterally, each with individual outside entrances and not more than two (2) stories in height. A dwelling unit, complete with utilities and sleeping quarters, may occupy one (1) or two (2) floors. Each dwelling unit, or units, when arranged vertically, shall comprise a section, and there shall be, as a minimum, a fireproof wall without doors, windows or other openings separating any two (2) sections from any other section or sections.

DWELLING, TWO-FAMILY DETACHED: A dwelling occupied by two (2) families, each provided with separate facilities for living accommodations, also known as a duplex dwelling.

DWELLING UNIT: Any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one (1) family, either permanently or transiently, but in no case shall a travel trailer, mobile home, motor home, automobile chassis, tent or other portable building be considered a dwelling in a single-family, two (2)-family or multiple-family residential area. In cases of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this Zoning Code and shall comply with the provisions hereof relative to dwellings.

   E-COMMERCE: A method of retail or wholesale sales where the transaction originates on and is completed on the Internet via an individual website or a third-party marketplace. These transactions may include taking orders, closing sales, making purchases, providing customer service, processing and packaging orders, shipping by common carriers, and other similar activities that serve the business’s overall purpose. (Res. 2022-146A. Passed 5-16-22, Eff. 6-1-22.)

   E-COMMERCE ESTABLISHMENT: A building that may contain goods which are warehoused, distributed, and/or retailed at the same location. Products may be purchased in-person onsite or online via the Internet. (Res. 2022-146A. Passed 5-16-22, Eff. 6-1-22.)

   EASEMENT: A grant of one (1) or more of the property rights by a property owner to and/or for use by the public, or another person or entity.

EFFICIENCY UNIT: A dwelling unit consisting of one (1) room, exclusive of a bathroom, kitchen, hallway, closet or dining alcove directly off the principal room providing not less than three-hundred-fifty (350) square feet of floor area.

ENTRANCE RAMP: A roadway used for access from a feeder road to a limited access highway.

ERECTED: Built, constructed, reconstructed, moved upon or any physical operation on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

ESSENTIAL PUBLIC SERVICE BUILDING: A building or structure principal or accessory to an essential public service.

ESSENTIAL PUBLIC SERVICE BUILDING STORAGE YARD: An outdoor storage area principal or accessory to an essential public service.

ESSENTIAL PUBLIC SERVICES: Those services as outlined below, which are designed and constructed to directly serve local users within the geographic boundaries of the City of Lincoln Park. The erection, construction, alteration or maintenance by public utilities or public authorities of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, transformers, splice boxes, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants or similar equipment and accessories in connection therewith, not including buildings, storage yards, or wireless communication facilities, as shall be reasonably necessary for the furnishing of adequate services by public utilities or public authorities, or for the public health, safety or general welfare. However, buildings which are primarily enclosures or shelters of the essential service equipment shall be permitted as authorized by law and other ordinances, the intent being to exempt such erection from the application of this Zoning Code. The City shall be notified in writing of any proposed construction and said public utility or public authority shall receive a permit after approval by Council.

EX OFFICIO MEMBER: In reference to the Planning Commission, an ex officio member is a member with full voting rights unless otherwise provided by the Charter of the City of Lincoln Park, who serves on the Planning Commission by virtue of holding another office, for the term of that other office.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

EXCAVATION: Any breaking of ground, except common household gardening and ground care.

EXIT RAMP: A roadway used for access from a limited access highway to a feeder road.

FAMILY:

      (1)   An individual or group of two (2) or more persons related by blood, marriage or adoption, together with foster children or servants of the principal occupants, with not more than one (1) or two (2) additional unrelated persons, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

      (2)   A collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuous, nontransient, domestic character and who are cooking and living as a single, nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms of other similar determinable periods.

FENCE: An accessory structure of definite height and location intended to serve as a physical barrier to property ingress or egress; a screen from objectionable vistas or noise; a marker; an enclosure in carrying out the requirements of this Zoning Code; or for decorative use.

FENCE, OBSCURING: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this Zoning Code.

FILLING: The depositing or dumping of any matter onto, or into, the ground, except common household gardening and general farm care.

FIREARM: An instrument which is capable of hurling a missile by means of exploding or burning powder.

FLEA MARKET, INDOOR: A permanent use consisting of sales activity conducted entirely in an enclosed building where stalls or sales areas may be set aside and rented or otherwise provided which are intended for use by various unrelated individuals at which non- perishable articles that are either handcrafted, old, obsolete, or antique are sold, and which may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. (Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)

FLEA MARKET, OUTDOOR: A temporary use consisting of sales activity where booths, tables, or tents may be set aside and rented or otherwise provided which are intended for use by various unrelated individuals at which non-perishable articles that are either handcrafted, old, obsolete, or antique are sold, and which may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. (Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland or tidal waters.

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD HAZARD AREA: Land which on the basis of available floodplain information is subject to a one (1) percent or greater chance of flooding in any given year.

FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, issued by the Federal Insurance Administration, that delineates both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD PLAIN: Any land area susceptible to being inundated by water from any source. (See also FLOOD or FLOODING).

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas designated in the Flood Insurance Study which must be reserved in order to discharge the base flood.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The “floor area” of a building, which is what this normally is referred to as, includes the basement floor area when more than one-half (½) of the basement height is above the established curb level or finished lot grade, whichever is higher. Any space devoted to off-street parking or loading shall not be included in floor area. Areas of basements, utility rooms, breezeways, unfinished attics, porches (enclosed or unenclosed) or attached garages are not included.

FLOOR AREA RATIO (FAR): The ratio between the maximum allowable amount of floor space on all floors in a building and the total area of the lot on which the building is located. Example: a FAR of 2.0 would allow floor space of twice the lot area, or a four (4)-story, building covering one-half (½) of the lot. A FAR of 0.5 would allow floor space of one-half (½) the lot area, or a two (2)-story building covering one-quarter (1/4) of the lot.

FLOOR AREA, USABLE: That portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or to customers, patrons, clients or patients, including areas occupied by fixtures or equipment used for the display or sale of goods or merchandise, but not including areas used or intended to be used for the storage of merchandise, utility or mechanical equipment rooms or sanitary facilities. In the case of a half story, the usable floor area shall be considered to be only that portion having a clear height above it of four (4) feet or more.

FOLDING TENT TRAILER: A folding structure of canvas or other material mounted on wheels and designed for travel and vacation use.

FOOD: As used in connection with restaurant facilities, includes frozen desserts and nonalcoholic beverages.

FRONTAGE ROAD: A public or private drive which generally parallels a public street between the right-of-way and the front building setback line. Frontage roads can be one (1)-way or bidirectional in design. The frontage road provides specific access points to private properties while maintaining separation between the arterial street and adjacent land uses. A road which allows parking or is used as a maneuvering aisle within a parking area is not considered a frontage road.

GARAGE, COMMUNITY: An accessory building for the storage of non-commercial vehicles, with no public shop or service facilities in connection therewith.

GARAGE, PRIVATE: A garage for four (4) or fewer passenger motor vehicles, without provision for repairing or servicing such vehicles for profit.

GARAGE, PUBLIC: A building or structure for the storage or parking of more than four (4) passenger motor vehicles or motor-powered boats, or more than one (1) commercial motor vehicle, and in which provision may be made for the dispensing of gasoline, oil or similar products for the servicing of such vehicles. A public garage shall be classified according to its specific use in one of the following groups:

      (1)   Group 1: A public garage in which provision is made for the care, storage, repair or painting of motor vehicles; or

      (2)   Group 2: A public garage used exclusively for passenger vehicles that will accommodate not more than nine (9) passengers.

GARBAGE: Includes every refuse, accumulation of all waste, animal, fish, fowl, fruit or vegetable matter incident to the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits and vegetables, including spoiled food, dead animals, animal manure and fowl manure.

GARDEN CENTER: An establishment engaged in the retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies, landscaping materials, and equipment.

GLARE: The effect produced by brightness or a source of illumination sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GRADE: A reference plane representing the average of the finished ground level adjoining the building at all exterior walls, established for the purpose of regulating the number of stories and the height of buildings. 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/dwelling.

GRADE, AVERAGE: The arithmetic average of the lowest and highest grade elevations in an area within five (5) feet of the foundation line of a building or structure.

GRADE, FINISHED: The lowest point of elevation between the exterior wall of the structure and a line five (5) feet from the exterior wall of the structure.

GRADE, NATURAL: The elevation of the ground surface in its natural state, before construction begins.

GREENBELT: A strip of land, not less than five (5) feet in width, which is planted with trees or shrubs acceptable in species and caliber to the Planning Commission and the Building Superintendent and in compliance with the requirements of this Zoning Code.

GROSS LEASABLE AREA (GLA): The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is all the floor area on which tenants pay rent.

GROSS SITE AREA: The total area of a planned unit development site, including floodplains and water bodies.

HARMFUL INCREASE: This means an unnaturally high stage on a river, stream or lake that causes, or may cause damage to property, threat to life, personal injury, or damage to land or water resources.

HEDGEROW: A row of eight (8) or more trees having a four (4)-inch diameter or greater at a height of four (4) feet; the drip line of the trees defines the land area of the hedgerow.

HISTORICAL FEATURE, SIGNIFICANT: Any site or structure which is located in a designated local historic district or listed in the State or National Register of Historic Places.

HOME OCCUPATION: Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof and does not endanger the health, safety and welfare of any other person residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involved in or resulting from such occupation, profession or hobby. However, no article or service shall be sold or offered for sale on the premises, except such as is produced by such occupation, and such occupation shall not require internal or external alterations or construction features, equipment, machinery, commercial vehicles or other vehicles not customarily used by members of the immediate family, outdoor storage of materials, equipment, machinery, and vehicles, signs not customarily in residential areas, or delivery of materials except by common ground carrier.

HOSPITAL: A building, structure or institution in which sick or injured persons, primarily in-patients, are given medical or surgical treatment, and operating under a license by the State Department of Public Health.

HOTEL: Any building containing six (6) or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. 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 (dwelling units shall not exceed ten (10) percent), and in which one (1) or more of the following services are offered:

      (1)   Maid service;

      (2)   Furnishing of linen;

      (3)   Telephone, secretarial, or desk service; and

      (4)   Bellboy service.

   A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

HOUSING FOR THE ELDERLY: An institution other than a hospital or hotel which provides room and board to non-transient persons primarily sixty (60) years of age or older. Housing for the elderly may include:

      (1)   Senior Apartments: Multiple-family dwelling units occupied by persons fifty-five (55) years of age or older.

      (2)   Elderly Housing Complex: A building or group of buildings containing dwellings where the occupancy is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is sixty (60) years of age or older.

      (3)   Congregate or Interim Care Housing: A semi-independent housing facility containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.

      (4)   Dependent Housing Facilities: Facilities such as convalescent homes and nursing homes which are designed for older persons who need a wide range of health and support services, including personal nursing care.

HOUSEKEEPING UNIT: A dwelling unit organized as a single entity in which the members share common kitchen facilities and have access to all parts of the dwelling.

HYPERMARKET: A retail store with more than sixty thousand (60,000) square feet of gross floor area offering groceries, meats, poultry, seafood, dairy products, produce, bakery products, other food products, and other associated merchandise, and may have facilities for a butcher shop, fresh seafood, a delicatessen, a bakery, a restaurant, an ice cream parlor, a florist, a pharmacy, a financial institution, or other services, and includes departments for various hardline merchandise (such as hardware, lumber and building supplies, automobile parts and supplies, paint, floor coverings, furniture, home improvement supplies, sporting goods, toys, housewares, cookware, pets and pet supplies, gardening supplies, appliances, jewelry, etc.) and softline merchandise (such as clothing, shoes, cosmetics, health supplies, personal hygiene products, books and magazines, stationery and office supplies, greeting cards and gifts, infant and toddler materials, fabric and sewing supplies, household decorations, etc.), and may have facilities for an outdoor garden center, an automotive repair center, an automotive fueling station, or a party store.

INDOOR RECREATION ESTABLISHMENT: A privately owned facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities indoors (within an enclosed building) and operated as a business and open for use by the public for a fee, such as gymnasiums and fitness centers, bowling alleys, indoor soccer facilities, racquetball and tennis clubs, ice and roller skating rinks, curling centers, and firearms ranges.

INDUSTRIAL USE: Any land or building occupied or used for manufacturing or processing purposes.

JEWELRY STORE: Shops that buy, sell, or repair new or used precious metals, jewels and gemstones, or reconstitute precious metals, jewels and gemstones they purchase into jewelry forms that are sold at retail on the premises. (Res. 2016-13A. Passed 2-1-16, effective 3-2-16.)

JUNK: Any motor vehicle, machinery, appliance, product, merchandise with parts missing, scrap metal or other scrap material that is damaged, deteriorated or in a condition which cannot be used for the purpose for which the product was manufactured.

JUNK YARD: An open area where waste or used or secondhand material is 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 two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings. The term “junk yard” does not include drop-off stations for residential recyclables.

KENNEL, COMMERCIAL: Any lot or premises on which three (3) or more dogs, cats or other household pets, six (6) months old or older, are either permanently or temporarily boarded for sale, breeding, boarding, or training purposes. Kennels shall also include any lot or premises where household pets are bred or sold.

LABORATORY: A place devoted to experimental study such as testing and analyzing, but not devoted to the manufacturing of a product or products.

LANDMARK TREE: Any tree of stature standing alone in the open; or any tree which stands obviously apart from others within the immediate vicinity by size, form or species. Trees equal to or greater than the diameters shown below will generally be considered a landmark tree regardless of location:

Common Name	Diameter in Inches at Four (4) Feet
American Hornbeam	8
Arborvitae	18
Ash	24
Basswood	24
Beech, American	18
Beech, Blue	8
Birch	18
Black Walnut	24
Catalpa	24
Cedar, Red	12
Chestnut	18
Crabapple/Hawthorne	8
Dogwood, Flowering	8
Elm	24
Fir	18
Ginkgo	18
Hackberry	24
Hemlock	18
Hickory	18
Honey Locust	24
Kentucky Coffeetree	18
Larch/Tamarack	12
London Plane, Sycamore	24
Maple	18
Oak	18
Pine	18
Redbud	8
Sassafras	18
Serviceberry	8
Spruce	18
Sweetgum	16
Tulip Popular	24
Wild Cherry	18
Witch Hazel	8

 

LEGISLATIVE BODY: The elected governing body of the City; in this case the Mayor and City Council for the City of Lincoln Park.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

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 or unloading merchandise or materials.

LOCAL UNIT OF GOVERNMENT or LOCAL UNIT: A county or municipality; in this case the City of Lincoln Park.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

LODGING HOUSE: A building or portion thereof containing not more than five (5) guestrooms which are used by not more than five (5) guests where rent is paid in money, goods, labor or otherwise. A lodging house shall comply with all the requirements for dwellings.

LOT: A parcel of land consisting of one (1) or more lots of record occupied or intended to be occupied by a principal building or use and any accessory building, or by any other use or activity permitted thereon, and includes the open spaces and yards required under this Zoning Code, having its frontage upon a public street or road either dedicated to the public or designated on a recorded subdivision. The owner of any number of contiguous lots may have as many of such contiguous lots considered as a single lot for the purpose of this Zoning Code as he or she so elects. In such case, the outside perimeter of such group of lots shall constitute the front, rear and side lot lines thereof. This latter parcel is then often referred to as a zoning lot. Specifically:

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

      (2)   “Double frontage lot” means a lot other than a corner lot having frontage on two (2) more or less parallel streets. In the case of a row of double frontage lots, one (1) street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one (1) or both of the streets, the required minimum front yard setback shall be observed on those streets where the majority of the buildings presently front.

      (3)   “Interior lot” means a lot other than a corner lot with only one (1) lot line fronting on a street.

      (4)   “Through lot” means any interior lot having frontage on two (2) 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, NONCONFORMING: A lot of record which does not meet the dimensional requirements of this Zoning Code.

LOT AREA, GROSS: The net lot area plus one-half (½) the area of the right-of-way directly adjacent to or abutting any side of the lot, plus any portion of adjoining public lands deemed proper to be included by the Planning Commission.

LOT AREA, NET: The total horizontal area within the lot lines of a lot.

LOT COVERAGE: The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, and permanent swimming pools.

LOT DEPTH: The mean horizontal distance from the center of the front street line to the center of the rear lot line.

LOT FRONTAGE: The length of the front lot line.

LOT LINE: Any line dividing one lot from another lot, or from a street right-of-way or from any public place. Specifically:

      (1)   Front Lot Line: In the case of an interior lot abutting on one (1) public or private street, “front lot line” means the line separating the lot from such street right-of-way.

   In the case of a corner or double frontage lot, “front lot line” means that line separating such lot from the street which is designated as the front street in the plat and/or in the request for a zoning compliance permit.

      (2)   Rear Lot Line: The boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an assumed line parallel to the front lot line not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot. In any case, when this definition does not apply, the Planning Commission shall designate the rear lot line.

      (3)   Side Lot Line: Any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior lot line.

LOT OF RECORD: A lot, the dimension and configuration of which are shown on a map recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or land surveyor (registered and licensed in the State and likewise recorded on a file with the County.)

LOT WIDTH: The horizontal distance between the side lot lines, measured at the two (2) points where the building line or setback line intersects the side lot lines.

MAIN USE: The principal use to which any 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 Municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.

MANUFACTURED OR MOBILE HOME: A structure, transportable in one (1) or more sections, which is built on a non-motorized chassis and designed to be used with or without a permanent foundation as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. A mobile home shall not include modular homes, motor homes, house trailers, trailer coaches, or travel trailers.

MANUFACTURED HOUSING SUBDIVISION: Individually-owned lots subdivided according to the provisions of Act 288 of the Public Acts of 1967, as amended, intended as a site for the placement for dwelling purposes of manufactured, mobile, modular or pre-manufactured homes.

MARIHUANA: All parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. Marihuana does not include: (i) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination; (ii) industrial hemp; or (iii) any other ingredient combined with Marihuana to prepare topical or oral administrations, food, drink, or other products. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA ACCESSORIES: Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA BUSINESS: A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana retailer, marihuana provisioning center, marihuana secure transporter, or any other type of marihuana establishment or facility licensed by LARA. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA GROWER: A person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA PROCESSOR: A person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA PROVISIONING CENTER: A licensee that is a commercial entity located in the city that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers pursuant to the MMFLA. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA RETAILER: A licensee that is a commercial entity located in the city that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to the public in accordance with the MRTMA. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA SAFETY COMPLIANCE FACILITY: A person licensed to test marihuana, including certification for potency and the presence of contaminants. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARIHUANA SECURE TRANSPORTER: A person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

MARQUEE: A roof-like structure of a permanent nature projecting from the wall of a building.

MASSAGE THERAPIST (CERTIFIED): An individual specifically trained and certified in massage therapy and the healing arts by the American Massage Therapy Association or similar organizations.

MASTER (COMPREHENSIVE DEVELOPMENT) PLAN: The master plan(s), formerly known as the comprehensive development plan, including graphic and written proposals indicating the development goals and objectives, the planned future use of all land within the City of Lincoln Park, as well as the general location for streets, parks, schools, public buildings, and all physical development of the City of Lincoln Park, and includes any unit or part of such plan(s), and any amendment to such plan(s) or part(s) thereof. Such plan(s) shall be adopted by the Planning Commission and may or may not be adopted by Council.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

MEDICAL CLINIC: An establishment where human patients are admitted for examination and treatment by a group of physicians, dentists or similar professionals on an outpatient basis only. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation.

MEDICAL MARIHUANA FACILITY: A facility where primary caregivers who are legally registered by the Michigan Department of Community Health (MDCH) may lawfully assist qualifying patients who are also legally registered by the MDCH with the medical use of marihuana in accordance with the Michigan Medical Marihuana Act, as amended. A use which purports to have engaged in the medical use of marihuana either prior to enactment of said Act, or after enactment of said Act but without being legally registered by the MDCH, shall be deemed to not be a legally established use, and therefore not entitled to legal non-conforming status under the provisions of this chapter and/or State law. (Res. 2010-268A. Passed 10-18-10.)

MEDICAL USE OF MARIHUANA: The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marihuana Act, P. A. 2008, as amended. (Res. 2010-268A. Passed 10-18-10.)

MEZZANINE: An intermediate or fractional story between the floor and ceiling of any story occupying not more than one-third (1/3) of the floor area of such story.

MICROBREWERY: A brewery licensed by the State of Michigan which produces and manufactures in total less than thirty thousand (30,000) barrels of beer per year, and which may sell at the licensed brewery premises the beer produced and manufactured to consumers for consumption on or off the licensed brewery premises. In determining the thirty thousand (30,000) barrel threshold, all brands and labels of a brewer whether brewed in this State or outside this State, shall be combined and all facilities for the production and manufacture of beer that are owned or controlled by the person(s) shall be treated as a single facility.

MINIMUM OPEN SPACE REQUIREMENTS: In determining whether the “minimum open space requirements” in this Zoning Code have been met, the Building Superintendent shall consider and count any area of land owned by the developer adjacent to the property for which plans for the development of a building have been submitted to the Superintendent, which land lies between the outside edge of an easement for a County drain and the centerline of the drain proper. If the parcel to be so developed is dissected by any such drain, the Superintendent shall consider and count the entire area affected by the easement of the drain. However, such surface area shall not be utilized for permanent structures or any other improvements of the drain, and in no event shall the area lying within any such drain easement be considered or counted for more than twenty percent (20%) of the total minimum open space requirement of this Zoning Code.

MINIATURE OR SELF-STORAGE WAREHOUSE: A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the storage of a customer’s goods or wares.

MODULAR HOME: A dwelling which consists of prefabricated units transported to a site in two (2) or more sections on a removable undercarriage or flat-bed and assembled for permanent location upon a permanent foundation on the lot, and to which such major elements as the heating system or a substantial portion of the siding are installed after transport, and shall not be considered a mobile home.

MOBILE HOME PARK: A parcel or tract of land under the control of a person upon which three (3) or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured or mobile home, subject to conditions set forth in the Michigan Manufactured Housing Commission Rules and Act 419 of the Public Acts of 1976, as amended.

MANUFACTURED OR MOBILE HOME LOT: An area within a manufactured or mobile home park which is designated for the exclusive use of a specific mobile home.

MOTEL: A series of attached or semi-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.

MOTOR COURT: A building or a group of buildings in which overnight lodging is provided and offered to the public for compensation, catering primarily to the public traveling by motor vehicle.

MOTOR HOME PARK (TRAILER COURT): Any plot of ground upon which two (2) or more motor homes occupied for dwelling or sleeping purposes are located.

MOTOR HOME (TRAILER COACH): A self-propelled motorized vehicular unit primarily designed, used, or constructed for travel and/or recreational usage, and duly licensable as such, which vehicular unit also contains facilities for cooking and for overnight lodging for one (1) or more persons. “Motor home” does not include “mobile home.”

MUNICIPALITY: The City of Lincoln Park.

MUNICIPAL PARK: A parcel of land that is used as a park and is operated under the supervision of the City.

NEW CONSTRUCTION: Structures for which the “start of construction” commenced on or after the effective date of this Zoning Code.

NONCONFORMING BUILDING/STRUCTURE: A building or portion thereof lawfully existing on the effective date of this Zoning Code, or an amendment thereto, which does not conform to the provisions (e.g. setbacks, height, lot coverage, parking) of this Zoning Code in the zoning district in which it is located.

NONCONFORMING USE: A use which lawfully occupied a building or land on the effective date of this Zoning Code, or an amendment thereto, which does not conform to the use regulations of the zoning district in which it is located.

NURSERY: 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.

NURSERY SCHOOL: (See also Child Care Center or Day Care Center) An establishment wherein three (3) or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are, for remuneration, cared for. Such schools or centers need not have a resident family on the premises.

NURSING HOME, CONVALESCENT HOME OR REST HOME: A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two (2) or more persons are housed or lodged and furnished with nursing care. Such facilities are licensed in accordance with Act 139 of the Public Acts of 1956, as amended.

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 an activity or use across a property line which can be perceived by or affect 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 atomic radiation, (l) objectionable effluent, (m) noise of congregation of people, particularly at night, (n) passenger traffic, or (o) invasion of non-abutting street frontage by traffic.

OBSCURING SCREEN: A visual barrier between adjacent areas or uses consisting of structures, such as a wall or fence, or living plant material.

OCCUPANCY: The purpose for which a building or part thereof is used or intended to be used.

OCCUPANCY LOAD: The number of individuals normally occupying a building or part thereof or for which the exitway facilities have been designed.

OCCUPIED: Includes “arranged,” “designed,” “built,” “altered,” “converted to,” “rented,” “leased” or “intended to be inhabited,” not necessarily for dwelling purposes.

OFFSET: The distance between the center lines of driveways or streets across the street from one another.

OFF-STREET LOADING SPACE: A facility or space that permits the standing, loading or unloading of trucks and other vehicles other than on or directly from a public right-of-way.

OFF-STREET PARKING LOT: A facility providing vehicular parking spaces along with adequate drives and aisles. Adequate maneuvering space shall be provided which allows unrestricted access and egress, plus on-site storage space for at least two (2) vehicles.

OPEN AIR BUSINESS USES: Includes the following:

      (1)   The retail sale of trees, shrubbery, plants, flowers, seeds, topsoil, humus, fertilizers, trellises, lawn furniture, playground equipment and other home garden supplies and equipment;

      (2)   The retail sale of fruit and vegetables;

      (3)   Tennis courts, archery courts, shuffleboard courts, horseshoe courts, miniature golf courses, golf driving ranges, children’s amusement parks and/or similar recreation uses;

      (4)   Bicycle, utility truck or trailer, motor vehicle, boat or home equipment sale, rental or repair services; and

      (5)   The outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements and similar products.

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.

OPEN SPACE: For the purposes of this Zoning Code, open space shall apply to the improved dedicated or reserved area to be used for leisure or active recreation purposes.

ORDINARY HIGH WATER MARK: The line between upland and bottomland which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface soil, and the vegetation.

OUTDOOR RECREATION ESTABLISHMENT: A privately owned facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities outdoors (outside of an enclosed building) and operated as a business and open for use by the public for a fee, such as tennis clubs, archery ranges, golf courses, miniature golf courses, golf driving ranges, water slides, batting cages and machines, skateboarding parks, and children’s amusement parks.

OUTLOT: A parcel of land which must be designated on a recorded plat as an outlot before it may be legally considered as such.

PACKAGE DELIVERY LOCKER: A privately owned, affixed, lockable container used for personal pick-up and/or return of items delivered by such organizations as the US Postal Service, UPS, Amazon, and others. (Res. 2020-009A. Passed 1-21-20, Eff. 2-5-20.)

PARAPET WALL: An extension of a building wall above the roof, which may serve to screen roof-mounted mechanical equipment.

PARKING SPACE: An area for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits, and being fully accessible for the storage or parking of self-propelled vehicles.

PARTY STORE: A retail establishment licensed by the State of Michigan where more than ten percent (10%) of the gross floor area is utilized for the storage, display, and sale of alcoholic liquor, wine, beer, and other alcoholic beverages in the original package for consumption off the premises.

PAVEMENT OR HARD SURFACE: Plant-mixed bituminous material, concrete, and brick or masonry pavers meeting the construction specifications of the City of Lincoln Park.

PAWNSHOP: An establishment primarily engaged in the loaning of money on the security or deposit of personal property or other valuable thing, pledged in the keeping of a pawnbroker, and conditional purchase or sale of such personal property. A pawnshop shall not be deemed a retail sales establishment except for the purposes of determining off-street parking requirements. (Res. 2016-13A. Passed 2-1-16, effective 3-2-16.)

PICK-UP CAMPER: A recreational unit designed to be mounted on a pick-up or truck chassis, with sufficient equipment to render it suitable for use as temporary lodging for travel, recreational and vacation uses.

PLANNED COMMERCIAL CENTER: A business development under single ownership consisting of two (2) or more retail or service outlets characterized by common architecture, a pedestrian and vehicle circulation system, and off-street parking.

PLANNED UNIT DEVELOPMENT: A form of land development and comprehensively planned as an entity via a unitary site plan which permits flexibility in building, siting, usable open spaces, and the preservation of significant natural features, which may contain a mixture of housing units and nonresidential uses.

PLANNING COMMISSION: The Planning Commission for the City of Lincoln Park, as created pursuant to MCL 125.3811(1).

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

PLANNING JURISDICTION: The areas encompassed by the legal boundaries of the City of Lincoln Park, subject to MCL 125.3831(1).

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

PLAT: A map of a subdivision of land.

POPULATION: The population according to the most recent Federal decennial census or according to a special census conducted under section 7 of the Glenn Steil revenue sharing act of 1971, PA 140, MCL 141.907, as amended, whichever is more recent.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

PORCH, ENCLOSED: A covered entrance to a building or structure which is totally enclosed, which projects out from the main wall of such building or structure and which has a separate roof or an integral roof with the principal building or structure to which it is attached. Porches enclosed with materials other than screening shall observe the established front setback line.

PORCH, OPEN: A covered entrance to a building or structure which is unenclosed, except for columns supporting the porch roof, which projects out from the main wall of such building or structure and which has a separate roof or an integral roof with the principal building or structure to which it is attached. Open porches may not be enclosed with materials other than screening if such enclosure violates the established front setback line.

PRIMARY CAREGIVER OR REGISTERED PRIMARY CAREGIVER: A person who is at least 21 years old and who has agreed to assist with a registered qualifying patient's medical use of Marihuana and who has not been convicted of any felony within the past 10 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, MCL 770.9a. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

PRINCIPAL USE: The main use to which any premises are devoted and the principal purpose for which the premises exist.

PRINCIPAL PERMITTED USE: A use permitted in each zoning district by right, subject to site plan review approval.

PRIVATE 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.

PROPERTY LINES: The lines bounding a lot; the lot line.

PUBLIC NOTICE: A notice of the time, place and purpose of a public hearing, which notice, except where otherwise expressly provided in this Zoning Code, shall be published in a newspaper having a general circulation in the City not less than fifteen (15) days prior to the date of such hearing.

PUBLIC AND SEMI-PUBLIC INSTITUTIONAL BUILDINGS, STRUCTURES, AND USES: Buildings, structures, and uses of governmental agencies and nonprofit organizations, including, but not limited to, office buildings, churches, municipal parking lots, post offices, libraries, and community centers.

PUBLIC PARK: Any developed park, playground, beach, outdoor swimming pool, golf course, tennis court or other area intended for active recreational pursuits, within the jurisdiction and control of a government agency.

PUBLIC OPEN SPACE: Any primarily undeveloped land, intended for passive recreational pursuits, within the jurisdiction and control of a government agency.

PUBLIC SERVICE: Public service facilities within the context of this Zoning Code shall include such uses and services as voting booths, pumping stations, fire halls, police stations, temporary quarters for welfare agencies, public health activities and similar uses, including essential public services.

PUBLIC UTILITY: Any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing, under municipal or State regulations, to the public, transportation, water, gas, electricity, telephone, steam, telegraph or sewage disposal services.

QUALIFYING PATIENT OR REGISTERED QUALIFYING PATIENT: A person who has been diagnosed by a physician as having a debilitating medical condition and who has a valid registry identification card issued by LARA or an equivalent approval lawfully issued under the laws of another State or other entity of the United States which identifies the person as a registered qualifying patient. (Res. 2020-320A. Passed 10-19-20, Eff. 11-4-20.)

RADIOACTIVE MATERIALS: Materials defined as radioactive under Michigan Department of Natural Resources regulations for transportation of radioactive materials or under Wayne County Health Department regulations, whichever is determined to be applicable.

RECREATION LAND: Any publicly or privately owned lot or parcel that is utilized for recreation activities such as, but not limited to, camping, swimming, picnicking, hiking, nature study, hunting, boating, and fishing.

RECREATIONAL VEHICLE: Includes the following:

      (1)   Travel Trailer: A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a “travel trailer” by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

      (2)   Pickup Camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

      (3)   Motor Home: A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

      (4)   Folding Tent Trailer: A folding structure, mounted on wheels and designed for travel and vacation use.

      (5)   Boats and Boat Trailers: Includes boats, floats, rafts, and canoes, plus the normal equipment to transport them on the highway.

      (6)   Other Recreational Equipment: Includes snowmobiles, all terrain or special terrain vehicles, and utility trailers, plus the normal equipment to transport them on the highway.

REGIONAL SHOPPING CENTER: A group of commercial establishments, planned and developed as a unit, with a minimum gross leasable area of four-hundred thousand (400,000) square feet or greater, and with off-street parking provided on the property.

RESTAURANT, CARRY-OUT: Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes both of the following characteristics:

      (1)   Foods, frozen desserts or beverages are usually served in edible containers, or in paper, plastic or other disposable containers.

      (2)   The consumption of foods, frozen desserts or beverages within the restaurant building, within a motor vehicle parked upon the premises or at other facilities in the premises outside the restaurant building, is posted as being prohibited, and such prohibition is strictly enforced by the restauranteur.

RESTAURANT, DRIVE-IN: Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the consumer in a ready-to-consume state, and whose design or method of operation, or any portion of whose business, includes one (1) or both of the following characteristics:

      (1)   Foods, frozen desserts or beverages are served directly to the customer in a motor vehicle either by a car-hop or by any other method that eliminates the need for the customer to exit the motor vehicle.

      (2)   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 allowed, encouraged or permitted.

RESTAURANT, FAST-FOOD: 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 building or for carry-out with consumption off the premises, and whose design or principal method of operation includes both the following characteristics:

      (1)   Foods, frozen desserts or beverages are usually served in edible containers, or in paper, plastic or other disposable containers.

      (2)   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 posted as being prohibited, and such prohibition is strictly enforced by the restauranteur.

RESTAURANT, STANDARD: Any establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one (1) or both of the following characteristics:

      (1)   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 such items are consumed; or

      (2)   A cafeteria-type operation where foods, frozen desserts or beverages generally are consumed within the restaurant building.

RETAIL STORE: Any building or structure in which goods, wares, or merchandise are sold to the consumer for direct consumption and not for resale.

RETAINING WALL: A permanent solid barrier of brick, stone, or other opaque material approved by the Building Superintendent, intended to enclose an area. For the purpose of this Zoning Code, all supporting members, posts, stringers, braces, pilasters or other construction features of a retaining wall shall be located and placed on the inside of the wall away from public view. Moreover, all retaining walls shall be constructed and/or painted, tinted or colored in one (1) color only for their exterior surface, and no sign or advertising shall be placed, affixed, painted or designed thereon.

RIGHT-OF-WAY: A street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles, or for placement of public and semi-public utilities, and under the legal authority of the agency having jurisdiction over the right-of-way.

ROOM: For the purpose of determining lot area requirements and density in a multiple- family district, a living room, dining room and bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in the kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing one (1), two (2), or three (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.

ROOMING UNIT: A room or group of rooms, from a single habitable unit used for living and sleeping, but not containing kitchen or eating facilities.

ROW HOUSE: A row of houses having at least one (1) sidewall in common with a neighboring dwelling, and usually uniform or nearly uniform plans, fenestration, and architectural treatment.

RUBBISH: The miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, including other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, etc.

SATELLITE DISH ANTENNA: A device incorporating a reflective surface that is solid, open mesh, or bar configured, and is in the shape of a shallow dish, parabola, cone or horn, used to transmit and/or receive television, radio, or other electromagnetic communication signals between terrestrially and/or extraterrestrially based sources. This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, television reception only satellite antennas (TVRO), and satellite microwave antennas.

SCHOOL, CHARTER (PUBLIC SCHOOL ACADEMY): A charter school or public school academy is a public school and a school district, and is subject to the leadership and general supervision of the State Board over all public education. A public school academy is authorized by the executive action of an authorizing body which may be the board of a school district, an intermediate school board, or the board of a community college or a state public university. A charter school shall not be organized by a church or other religious organization.

SCHOOL, HOME: Enables a child to be educated at the child’s home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing and English grammar. The home school family may choose whether to operate as a nonpublic school. If a home school family chooses to operate as a nonpublic school, it must register with the Michigan Department of Education.

SCHOOL, NONPUBLIC: Any school other than a public school giving instruction to children below the age of sixteen (16) years and not under the exclusive supervision and control of the officials having charge of the public schools of the State. Nonpublic schools include private, denominational, and parochial schools.

SCHOOL, PUBLIC: A public elementary or secondary educational entity or agency that has as its primary mission the teaching and learning of academic and vocational technical skills and knowledge, and is operated by a school district, local act school district, special act school district, intermediate school district, public school academy corporation, public state university, or by the department or state board.

SECONDHAND STORE: A retail establishment engaged in selling used merchandise, such as clothing, furniture, books, shoes, or household appliances, on consignment, or a retail establishment engaged in selling donated used. Merchandise is brought to the establishment and processed by marking, cleaning, sorting, and storing as a major part of the principal use. Such stores do not include those selling vehicles, auto parts, scrap, or waste. (Res. 2016-13A. Passed 2-1-16, effective 3-2-16.)

SEPARATE OWNERSHIP: Ownership of a parcel of property wherein the owner does not own adjoining vacant property. Ownership of property may include dual or multiple ownership by a partnership, corporation or other group, provided that any number of contiguous lots of record may be considered as a single lot of record, for the purpose of this Zoning Code, as the owner thereof so elects, and, in such case, the outside perimeter of such group of lots of record shall constitute the front, rear and side lot lines thereof.

SERVICE DRIVE: A drive which generally parallels the public right-of-way but runs along the back of a land use which fronts on the public street. A service drive may provide access to properties on both sides, and vary in width and design.

SETBACK: The minimum horizontal distance required to exist between the front line of the building, excluding steps or unenclosed porches, and the front street or right-of-way line. The required setback area is that area encompassed by the respective lot lines and setback lines.

SETBACK, REQUIRED: The required minimum horizontal distance between a front, rear, or side lot line and a building line.

SETBACK, PARKING LOT: The minimum horizontal distance between the street right-of- way or property line and the near edge of a parking lot, excluding necessary and/or approved driveways, frontage roads and landscaping areas.

SEXUALLY-ORIENTED BUSINESSES: (see ADULT REGULATED USES OR SEXUALLY ORIENTED BUSINESSES).

SIGN: A device for visual communication that is used to bring the subject to the attention of the public, but does not include flags, or other insignia of any government, fraternal or similar organization. A sign includes any device, structure, fixture or placard, which uses words, number, figures, graphic designs, logos, or trademarks. Unless otherwise indicated, the definition of "sign" includes interior and exterior signs, which are visible from any public street, sidewalk, alley, park, public property, but not signs which are primarily directed at persons within the premises upon which the sign is located. (Res. 2020-299A. Passed 10-5-20, Eff. 10-19-20.)

SITE PLAN: A scaled drawing(s) illustrating existing conditions and containing the elements required herein as applicable to the proposed development to ensure compliance with this Zoning Code and these Codified Ordinances.

SNOWMOBILE: Any motorized vehicle designed for travel primarily on snow or ice, steered by means of wheels, skis or runners.

SPECIAL LAND USE: A use of land which is permitted within a particular zoning district only if the applicable standards have been met and a site plan has been approved.

STABLE, PRIVATE: A stable for the keeping of horses for the use of the residents of the principal use, not including the keeping of horses for others, or for commercial boarding, and with a capacity for not more than two (2) horses, provided, however, that the capacity of a private stable may be increased if the lot whereon such stable is located contains at least one (1) acre of land for each additional horse stabled thereon.

STABLE, PUBLIC: A stable other than a private stable, with a capacity for more than two (2) horses, and carried on within an unplatted tract of land of not less than ten (10) acres.

STATE LICENSED RESIDENTIAL FACILITY: A structure constructed for residential purposes that is licensed by the State pursuant to Act 218 of the Public Acts of 1979, as amended (MCLA 400.701 et seq.), or Act 116 of the Public Acts of 1973, as amended (MCLA 722.111 et seq.), which facility provides resident services and twenty-four (24) hour supervision or care for six (6) or fewer persons in need of supervision or care.

STEEP SLOPES: Slopes with a grade of twelve percent (12%) or more.

STORY: That portion of a building, other than a mezzanine, included between the surface of a floor and the upper surface of the floor next above, or, if there is no floor above, then the space between the floor and the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Specifically:

      (1)   Basement: Counted as a story if over fifty percent (50%) of its height is above the level from which the height of the building is measured, or if it is used for dwelling purposes by other than a janitor or domestic servant employed in the same building, including the family of the same.

      (2)   Half-story: That part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed one-half (½) of the floor area of such full story, provided the area contains at least two-hundred (200) square feet, with a clear height of at least seven (7) feet six (6) inches.

   A mezzanine floor may be used in the definition of a full story when it covers more than fifty percent (50%) of the area of the story underneath such mezzanine or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more.

STREET: A street, avenue, boulevard, highway, road, lane, alley, viaduct, or other way intended for use by automobiles.

(Res. 08-361A. Passed 11-17-08, Eff. 12-3-08.)

STREET LINE (Right-of-Way Line): The dividing line between the street and a lot.

STRUCTURE: Any constructed or erected material or combination of materials in or upon the ground, including, but not limited to, buildings, mobile homes, aboveground swimming pools, radio towers, sheds, signs and storage bins, but excluding sidewalks and paving on streets, driveways, parking areas and patios.

SUBDIVISION: A subdivision as defined in the City of Lincoln Park Codified Ordinances.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however,

include either (1) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUPERMARKET: A retail store with more than twenty thousand (20,000) square feet of gross floor area, offering groceries, meats, poultry, seafood, dairy products, produce, bakery products, other food products, and other associated merchandise, and which may have facilities for a butcher shop, fresh seafood, a delicatessen, a bakery, a party store, a restaurant, an ice cream parlor, a florist, a pharmacy, a financial institution, or other services.

SWIMMING POOL: Any structure or container located above or below grade designed to hold water to a depth of greater than twenty-four (24) inches and intended for swimming or bathing. A swimming pool shall be considered an accessory building for the purpose of determining required yard spaces and maximum lot coverage.

TAVERN (PUB): A restaurant licensed by the State of Michigan to sell at retail and serve alcoholic beverages on the premises where less than thirty percent (30%) of the gross floor area is made up of a bar, being a barrier or counter at which any alcoholic beverages are sold or served to and consumed by customers, and also including areas dedicated for the use of stages, dance floors, standing-room areas, pool tables and other mechanical amusement devices.

TEMPORARY USE OR BUILDING: 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.

TEMPORARY USES OR SEASONAL EVENTS: Seasonal outdoor events intended for a limited duration within any zoning district where such use shall not be interpreted to be a continuance of a nonconforming use. Temporary uses and seasonal sales events may include carnivals, circuses, farmers markets, art fairs, craft shows, sidewalk sales, antique sales, Christmas tree sales, flower sales, flea markets and similar events. Garage sales for individual homeowners on their property are exempt from the regulations of this Zoning Code.

TENT: A shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground, not including those types of tents used solely for children’s recreational purposes.

TERRACE HOME: One (1) of a row of houses situated on or near the top of a slope.

TRAVEL TRAILER: A portable nonmotorized vehicular unit primarily designed for travel and/or recreational usage, also containing facilities for overnight lodging. “Travel trailer” includes “fifth wheels,” but not mobile homes. A vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit and not exceeding two-hundred (200) square feet in area.

THOROUGHFARES, MAJOR: An arterial street which is intended to serve as a large volume trafficway for both the immediate City area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or an equivalent term.

THOROUGHFARES, SECONDARY: An arterial street which is intended to serve as a trafficway serving primarily the immediate City area and serving to connect with major thoroughfares.

TOURIST HOME: Any dwelling used or designed in such a manner that certain rooms other than those used by the family, and occupied as a dwelling unit, are rented or let to the public for compensation and shall cater primarily to the public traveling by motor vehicle.

TOWNHOUSES: A residential structure, or group of structures, each of which contains three (3) or more attached single family dwelling units with individual rear yards and or front yards designed as an integral part of each single family dwelling unit.

TRUCK STORAGE: An area used for the temporary storage of private trucks or trucks for hire.

TRUCK TERMINAL: A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution to other parts of the City or to be amalgamated for delivery in larger units to other points in the metropolitan area; or for distribution or amalgamation involving transfer to other modes of transportation.

UNDERLYING ZONING: The zoning classification and regulations applicable to the property immediately preceding the approval of an application to designate a parcel planned unit development.

(Res. 06-373A. Passed 11-6-06.)

USE: The purpose for which land or premises, or a building thereon, is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

USE, ACCESSORY: A use naturally and normally incidental to, subordinate to and devoted exclusively to, the main use of a premises.

USE, COMMERCIAL: The use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services; the maintenance of offices or recreational or amusement enterprises; or garage or basement sales conducted on residential premises for more than six (6) calendar days during one (1) year.

USE, ILLEGAL NONCONFORMING: An existing use of land and structures on the effective date of this Zoning Code, considered a nuisance, damaging to abutting property or hazardous to persons. Such use shall be discontinued and abated.

USE, LEGAL NONCONFORMING: An existing use of land and/or structures on the effective date of this Zoning Code, which use does not conform to the uses specified as permitted in a district, but which is not construed by this Zoning Code to be a nuisance, damaging to abutting property or hazardous to persons.

UTILITY ROOM: A room in a dwelling, not located in the basement, the use of which is primarily for storage, for housing a heating unit or for laundry purposes.

VARIANCE: A modification of the literal provisions of this Zoning Code which is granted by the Zoning Board of Appeals when the strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted, or in situations or under circumstances where permitted by law. Hardships based solely on economic considerations are not grounds for a variance.

VETERINARY CLINIC OR HOSPITAL: An office of a duly licensed veterinary professional where diagnosis, treatment, surgery and other veterinary care for domestic animals, horses and livestock, and all other activities and rooming of animals are conducted within a completely enclosed building. A veterinary hospital may include outdoor boarding incidental to treatment.

WADING POOL: Any receptacle utilized for holding water, which has a water depth not exceeding two (2) feet.

WALLS, OBSCURING: An obscuring structure of definite height and location constructed of wood, masonry, concrete or similar material.

WASTE RECEPTACLE STATION: Any exterior space which is not a principal use for containers, structures, or other receptacles intended for temporary storage of solid waste materials.

WETLAND: Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh.

WETLAND, REGULATED: Certain wetlands regulated by the Michigan Department of Environmental Quality under the provisions of Act 203 of the Public Acts of 1979, as amended, and generally defined as land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

      (1)   Contiguous to an inland lake or pond, or a river or stream;

      (2)   Not contiguous to an inland lake, or pond, or a river or stream, and more than five (5) acres in size; or

      (3)   Not contiguous to an inland lake or pond, or a river or stream; and five (5) acres or less in size if the Michigan Department of Natural Resources determines that protection of the area is essential to the preservation of the natural resources of the State from pollution, impairment, or destruction and the Department has so notified the property owner.

WINE SHOP (SPECIALTY): A retail establishment licensed by the State of Michigan where more than ten percent (10%) of the gross floor area is utilized for the storage, display, and sale of wine or beer with an alcohol content under twenty-one percent (21%) by volume for consumption off the premises; however, not more than ten percent (10%) of the gross floor area shall be dedicated to the storage, display, and sale of beer.

WIRELESS COMMUNICATION FACILITIES: All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and governmental facilities which are subject to State or Federal law or regulations which preempt municipal regulatory authority.

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

      (2)   "Colocation" shall mean the location by two (2) or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennae within the City.

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

WOOD LOT: An area of one-fourth (1/4) acre or more containing eight (8) or more trees per one-fourth (1/4) acre, such trees having a four (4)-inch or greater diameter at a four (4)- foot height.

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 Zoning Code.

YARD, DOUBLE FRONT: An open space on corner lots (as defined in this Zoning Code) extending the full width of the lot which sides to the intersecting street. Both open spaces shall be considered front yards with setbacks as required in each particular zoning district.

YARD, FRONT: An open space extending the full width of the lot and of a depth measured horizontally at right angles to the front properly line, lot line or right-of-way line.

YARD, REAR: An open space extending the full width of the lot and of a depth measured horizontally at right angles to the rear property line, lot line or right-of-way line, except as otherwise provided in this Zoning Code.

YARD, REQUIRED SIDE-REAR-FRONT: An open space of prescribed width or depth, adjacent to a lot or property line, on the same land with a building or group of buildings, which open space lies in the area between the building or group of buildings and the nearest lot line, and which is unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code. This regulation shall not include eaves, provided that an eight (8)-foot height clearance is provided above the adjacent ground level.

YARD, SIDE: An open space extending on each side of the lot from the required front yard to the required rear yard, and of a width measured horizontally at right angles to the respective side property line, lot line or right-of-way line.

YARD, SIDE-REAR-FRONT: A general term applied to the space on a lot or parcel containing a building or group of buildings, lying between the building or group of buildings and the nearest respective lot or property line facing each building.

ZONING BOARD OF APPEALS: “Zoning Board of Appeals” or “Board” means the City of Lincoln Park Zoning Board of Appeals.

ZONING DISTRICT: (See DISTRICT.)

ZONING LOT: (See LOT.)

(Res. 98-529A. Passed 12-21-98.)