For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Illustrations of specific definitions are provided as Figures 1 through 5 below.
ACCELERATION/DECELERATION LANE. An added roadway lane that permits vehicles to speed up when leaving a site access point or slow down before turning onto a site access point.
ACCESSORY BUILDINGS AND STRUCTURES. A supplementary building or structure on the same lot or parcel of land as the principal building occupied by or devoted exclusively to an accessory use.
ACCESSORY USE. A use reasonably and customarily, incidental and subordinate to the principal use of the premises.
ADULT FOSTER CARE FACILITY. A state-licensed establishment that provides foster care to adults. 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 convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of ADULT FOSTER CARE FACILITY by the Adult Foster Care Facility Licensing Act, M.C.L.A. §§ 400.701 et seq., as amended. The following additional definitions shall apply in the application of this chapter.
(1) ADULT FOSTER CARE CONGREGATE FACILITY. An adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.
(2) ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive six or fewer adults to be provided supervision, personal care, and protection in addition to room and board, 24 hours a day, five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee must be a member of the household and an occupant of the residence.
(3) ADULT FOSTER CARE LARGE GROUP HOME. A facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, 24 hours a day, five or more days a week, and for two or more consecutive weeks.
(4) ADULT FOSTER CARE SMALL GROUP HOME. An owner-occupied facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
ALLEY. Any dedicated public right-of-way 30 feet or less in width, affording secondary means of access to abutting property not intended for general vehicle circulation nor as primary means of access to property.
ALTERATION. Any change, addition, or modification to a building or structure, including accessory wall signs, which alters structure, exterior walls, or is related to a change of occupancy. Covering of exterior doors, windows, walls, or changes to free-standing or wall sign face are included in this definition.
AMATEUR RADIO ANTENNAS, SATELLITE DISH ANTENNA, AND OTHER SIMILAR STRUCTURES.
(1) Any fixture or apparatus located outdoors, which is designed or utilized to transmit or receive radio, microwave, television, or similar waves, signals, or electrical impulses.
(2) The term
ANTENNA shall include, but shall not be limited to, TELEVISION ANTENNAS, CITIZEN BAND RADIO ANTENNAS, AMATEUR RADIO ANTENNAS, and SATELLITE DISHES.
ARCADE. Any place, premises, establishment, building, or portion thereof in a retail or commercial facility in which are located for public use five or more coin or token operated amusement devices. This definition does not include establishments not open to the general public.
AS-BUILT SURVEY. Plans that indicate final construction that occurred on the subject site.
AUTOMOBILE DEALER. A building or premises used primarily for the sale of new or used automobiles.
AUTOMOBILE REPAIR. General repair, engine rebuilding, rebuilding, or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair, overall painting, and vehicle rustproofing.
AUTOMOBILE SERVICE STATION.
(1) A place that is used or designed to be used for the retail supply of gasoline and other fuels used for the propulsion of motor vehicles, kerosene, motor oil, lubricants, or grease, including sale of accessories and services, such as polishing, washing, cleaning, greasing, undercoating, and minor repairs, but not including bumping, painting, or refinishing thereof.
(2) In addition to automobile service, convenience stores and carry-out, drive-in, drive-through, fast-food, and standard restaurants may be included within the same building or on the same site.
AUTOMOBILE WASHES. A building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.
BASE FLOOD LEVEL. Indicates the water surface elevation resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year.
BASEMENT. The portion of a building having more than one-half of its height below finished grade. (See Figure 1.)
BED AND BREAKFAST OPERATIONS. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.
BUILDING. A structure having a roof supported by columns or walls.
BUILDING CODE. The currently adopted code or codes regulating building construction in the city.
BUILDING ENVELOPE. The buildable area of a parcel or lot formed by setback requirements.
BUILDING HEIGHT.
(1) The building height is the vertical distance measured from the finished grade level to the highest point of the parapet wall if a flat roof; to the coping of mansard roofs; and to the mean height level between eaves and ridges of gable, hip, and gambrel roofs.
(2) Where the building may be situated on sloping terrain, this height shall be measured from the average level of the finished grade at the building wall. (See Figure 2.)
BUILDING OFFICIAL. The administrative official designated by the City Council to enforce the Building Code.
BUILDING SETBACK LINE. The line established by the minimum required setbacks forming the area within a lot in which a building may be located.
CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public right-of-way.
CANOPY TREE. A deciduous tree whose mature height and branch structure provides foliage primarily on the upper half of the tree and which provides shade to adjacent ground areas.
CARPORT. A covered motor vehicle parking structure accessory to a residential dwelling.
CENTRAL BUSINESS DISTRICT. The primary downtown commercial center of the city.
CERTIFICATE OF OCCUPANCY. The certificate issued by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of this chapter and the building codes for the use and occupancy of the building in its several parts together with any special stipulations or conditions of zoning approval and/or the building permit.
CERTIFICATE OF ZONING. A written certificate that a structure, use, or parcel of land is, or will be, in compliance with the requirements of this chapter.
CHURCH, SYNAGOGUE, or OTHER PLACE OF WORSHIP. A building, the primary use of which is regular assembly of persons for religious worship or services together with reasonably closely related activities or uses.
CLINIC. An establishment where human patients are admitted for examination and treatment by a group of physicians, dentists, and other medical specialists and other medical professionals on an out-patient basis, meaning patients do not remain overnight. A CLINIC may incorporate customary laboratories and pharmacies incidental or necessary to its operation.
CLUB. The buildings and facilities used by an organization of persons for special purposes or for the promotion of sports, arts, science, literature, politics, social activities, and other similar group activities.
COIN-OPERATED AMUSEMENT DEVICE. Any amusement machine operated by means of a coin or token or activated by any other means, for the purpose of amusement or test of skill. Coin-operated music machines shall not be considered a COIN-OPERATED AMUSEMENT DEVICE.
COMMERCIAL USE. 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 of offices.
CONVALESCENT or NURSING HOME. A state licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said HOME shall conform and qualify for license under state law even though state law has different size regulations.
CONVENIENCE GROCERY STORE. A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). CONVENIENCE GROCERY STORES are designed to attract a large volume of stop-and-go traffic.
COPING LINE. The highest point of the sloped mansard roof generally terminated with a metal or stone cap. (See Figure 2.)
CUL-DE-SAC. A dead end, public, or private street which terminates in a circular section which allows for vehicle turnaround.
DAY CARE FACILITIES. The following definitions shall apply in the application of this chapter.
(1) DAY CARE CENTER. A state-licensed facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.
(2) FAMILY DAY CARE HOME. A state-licensed, owner-occupied private residence in which one, but not more than six, minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting 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 weeks in a calendar year.
(3) GROUP DAY CARE HOME. A state-licensed, owner-occupied private residence in which seven, but not more than 12, children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting 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 weeks in a calendar year.
DEFLECTION POINT. The point of change of direction between the forward course and the backward course.
DENSITY. The number of dwelling units developed per gross acre of land.
DETENTION/RETENTION BASIN. A stormwater holding facility intended to hold and release stormwater into a drainage course over a short period of time.
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 the provisions of this chapter.
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 of goods or services 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 services patrons from a window or booth while in their motor vehicles, rather than within a building or structure, so that consumption of goods or services off the premises may be facilitated.
DRIVEWAY. A way located upon a parcel, lot or limited common area, specifically constructed and maintained to provide ingress and egress from the road or street onto the site and circulation about the site. In order to be considered a DRIVEWAY under this chapter, such an area must be surfaced with concrete, asphalt, brick, cut stone, or a minimum four-inch depth of crushed materials (stone, concrete, asphalt and the like ) having a size of at least one-half inch in diameter. Further, such DRIVEWAY must be properly graded for drainage and be maintained in good condition free of dust, trash and debris. Within a front yard, newly constructed driveways shall be no less than ten feet in width, and shall be no wider than 32 feet or the width of the garage, whichever is greater.
DWELLING. A building used exclusively as a residence by not more than one family but in no case shall a travel trailer, motor home, trailer coach, automobile chassis, tent, or other portable building be considered a DWELLING.
DWELLING, MULTIPLE-FAMILY. A building consisting of three or more dwellings.
DWELLING, SINGLE-FAMILY. A building designed for, or occupied exclusively by, one family.
DWELLING, TWO-FAMILY. A building consisting of two dwellings.
EASEMENT. The right of an owner of property by reason of such ownership, to use the property of another for purposes of ingress, egress, utilities, drainage, and similar uses.
EFFICIENCY UNIT. A dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.
ELDERLY HOUSING. Any housing intended for, and solely occupied by, persons 62 years of age or older. ELDERLY HOUSING shall provide significant facilities and services specifically designed to meet the physical or social needs of older persons, including: dining facilities; housekeeping services; security services; group transportation; and personal response services.
ESSENTIAL SERVICES. Services that are erected, constructed, altered, or maintained by public utilities or municipal agencies of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, poles, and other similar equipment or accessories reasonably in connection therewith for the furnishing of adequate service by such public utilities or municipal agencies.
EXTRACTIVE OPERATION. Premises from which any rock, gravel, sand, topsoil, or earth in excess of 50 cubic yards in any calendar year is excavated or removed for the purpose of disposition away from the premises except excavation in connection with the construction of a building or within public highway rights-of-way.
FAMILY. An individual or a group of two or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit, or a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single noncommercial 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 or other similar determinable period.
FENCE. A permanent or temporary barrier enclosing or bordering a plot of land or portion thereof composed of suitable human-made materials. The purpose of this barrier may be for preventing or controlling entrance or exit or to mark boundaries.
FLEA MARKET. A space in which two or more persons sell new or used hard goods, furniture, antiques, novelties, or other merchandise within a permanent enclosed building.
FLOODPLAIN. The land adjacent to a body of water, which has been or may hereafter be covered by floodwater.
GARAGE. A structure which is accessory to a principal residential dwelling and which is used for the parking and storage of vehicles owned and operated by the residents thereof.
GARAGE SALE. A sale of primarily used goods, antiques, curios, clothing, and the like operated on residential property by the owner or occupant on an occasional permitted basis.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the building measured from the interior faces of the exterior walls or from the center line of walls separating two buildings.
GRADE. The degree of rise or descent of a sloping surface. (See Figure 3.)
(1) GRADE, AVERAGE. The arithmetic average of the lowest and highest grade elevations in an area five feet from the foundation of a building or structure on all sides of the building.
(2) GRADE, FINISHED. The final elevation of the ground surface after development.
(3) GRADE, NATURAL. The elevation of the ground surface in its natural state, before human-made alterations.
HAZARDOUS SUBSTANCES. Include hazardous chemicals as defined by the State Department of Public Health and the State Department of Labor; flammable and combustible liquids as defined by the Department of State Police, Fire Marshal Division; hazardous materials as defined by the U.S. Department of Transportation; critical materials, polluting materials, and hazardous waste as defined by the State Department of Natural Resources, and hazardous substances as defined in Public Act 457 of 1994, being M.C.L.A. §§ 324.101 et seq., as amended, and by the Federal Comprehensive Environmental Response Compensation and Utility Act of 1980, 94 STAT 2767, as amended.
HISTORIC DISTRICT. An area, or group of areas not necessarily having contiguous boundaries, that contains one resource or a group of resources that are related by history, architecture, archaeology, engineering, or culture, created by the city for the purpose of preservation. The city may establish more than one such HISTORIC DISTRICT. For purpose of clarification, however, a historic district may also consist of a single district resource unrelated to its surroundings in historical, architectural, or archaeological significance and so designated by this chapter.
HOME OCCUPATION. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
JUNK YARD. A place, structure, parcel, or use of land where junk, waste, discard, salvage, or similar materials such as old iron or metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cordage, barrels, containers, and the like are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto wrecking yards, inoperative machines, used lumber yards, housing wrecking, and structural steel materials and equipment and including establishments for the sale, purchase, or storage of salvaged machinery and the processing of used, discarded, or salvaged materials, for any 30 consecutive days.
KENNEL. Any place or premises where three or more adult dogs, cats, or other domestic pets are maintained, boarded, bred, or cared for in return for remuneration, or are kept for the purpose of sale.
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and/or unloading merchandise or materials.
LODGING FACILITY. Any establishment in which individual units are rented to transients for periods of less than 30 days for the purpose of sleeping accommodations. The term shall include hotels and motels but shall not include bed and breakfast operations, multiple-family dwellings, or rooming houses.
LOT. A parcel of land, excluding any portion in a street or other right-of-way, of at least sufficient size to meet minimum requirements for use, coverage, lot area, and to provide such yards and other open spaces as herein required. Such LOT shall have frontage on a public street, or on an approved private street, and may consist of: a single lot of record; a portion of a lot of record; any combination of complete and/or portions of lots of record; a parcel of land described by metes and bounds. (See Figure 4.)
LOT AREA. The total horizontal area within the lot lines of a lot, but excluding that portion within a street right-of-way.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT DEPTH. The mean horizontal distance from the front line to the rear lot line.
LOT IRON. A length of iron rod driven vertically into the ground to indicate a property corner monument. The top of the iron rod may be left at or below natural grade. A cap identifying the registration number of the surveyor responsible for placing the monument should be placed atop the monument.
LOT LINES. Any line dividing one lot from another or from a public right-of-way, and thus constitutes the property lines bounding a lot.
(1) FRONT LOT LINE. In the case of an interior lot, it is that line separating said lot from the street. In the case of a corner lot or double frontage lot it is those lines separating said lot from either street.
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot line other than the front or rear lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior SIDE LOT LINE.
LOT OF RECORD. A lot, the dimensions of which are shown on a subdivision plat recorded in the office of the Register of Deeds for the county, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a licensed professional surveyor, so designated by the state, and said description so recorded or on file with the county.
LOT WIDTH. The required horizontal distance between the side lot lines measured at the two points where the required front yard setback line intersects the side lot lines.
LOT, CORNER. A lot with frontage on two intersecting streets. (See Figure 4.)
LOT, DOUBLE FRONTAGE. A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of DOUBLE FRONTAGE LOTS, one 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 structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front. (See Figure 4.)
LOT, INTERIOR. A lot other than a corner lot with only one lot line fronting on a street. (See Figure 4.)
LOT, NONCONFORMING. A lot of record created lawfully prior to the effective date of this chapter which does not meet the dimensional requirements of this chapter. A NONCONFORMING LOT of record may be used for uses permitted by right in this chapter, subject to approval of site plan, special use permit, or other permit required by this chapter. The Zoning Administrator shall be empowered to grant administrative variances on lawful NONCONFORMING LOTS of record.
MANUFACTURING. The use of land, buildings, or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating, altering, repairing, warehousing, or storing or adapting for sale or other use of any goods, substance, article, thing, or service.
MANUFACTURED HOUSING. The following terms shall apply.
(1) MOBILE HOME. A detached portable one-family dwelling, prefabricated on its own chassis and intended for long-term occupancy. The unit contains sleeping accommodations, a flush toilet, a wash basin, a tub or shower, and eating and living quarters. It is designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and connected to existing utilities.
(2) MODULAR HOME. A structure whose parts are manufactured separately off-site, but fitted together on a site with a permanent residential foundation.
(3) PRE-MANUFACTURED HOME. A structure which is capable of being occupied exclusively as a dwelling and which is comprised of prefabricated components which are manufactured off-site, transported, and erected on a lot.
MASTER DEED. The document recorded as part of a condominium subdivision plan to which are attached as exhibits deed covenants, bylaws, easement descriptions, survey, and related documents.
MASTER PLAN. A document containing future development policy, land use, and related plans, together with supporting documents, as most recently adopted by the City Planning Commission pursuant to Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 through 125.3885, as amended.
MEZZANINE. An intermediate level or levels between the floor and ceiling of any story with floor area of not more than one-third of the area of the room or space in which the level is located.
MICRO-CELL. A wireless communications facility consisting of an antenna that is either: four feet in height and having an area of not more than 580 square inches; or, if a tubular antenna, no more than four inches in diameter and no more than six feet in length.
MOBILE HOME PARK. Any parcel of land intended and designed to accommodate more than one mobile home for living use which is offered to the public for that purpose; and any structure, facility, area, or equipment used or intended for use incidental to that living use.
MONUMENT. An object placed to mark the physical location of a position. See LOT IRON.
NET FLOOR AREA. Gross floor area less interior spaces used for hallways, closets, mechanical, and electrical equipment, storage, stairwells, and restrooms. NET FLOOR AREA shall not be less than 80% of gross floor area, unless otherwise approved by the Planning Commission based on specified spaces or unique floor plan within a building.
NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and which does not conform to the provisions of the chapter in the zoning district in which it is located.
NONCONFORMING USE. A nonconforming use is a use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.
NURSERY. Any land, space, building, or structure, or combination thereof, used for the storage of live trees, shrubs, or plants, but not including any land space, building, or structure, or any part thereof, used for the sale of fruits, vegetables, or harvested and cut Christmas trees.
OFF-STREET PARKING AREA. A land surface or facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.
OPEN SPACE DEVELOPMENT OPTION. An option that permits development of a site in a manner that preserves a minimum of 20% of the gross acreage of a site in its natural state and/or restricted to active/passive outdoor recreational 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 distinguished from the upland as evidenced in the soil, the configuration of the surface of the soil, and vegetation. On an inland lake, it means the high established level.
PARAPET WALL. A low wall or railing at the edge of a roof.
PARCEL. A lot described by metes and bounds description, whether or not included in a recorded plat or condominium subdivision.
PARKING SPACE. One unit of a parking area provided for the parking of one vehicle, and shall be exclusive of driveways, aisles, or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.
PLANNED UNIT DEVELOPMENT (PUD). May include such concepts as cluster development, planned development, community unit plan, planned residential development, and other terminology denoting zoning requirements designed to accomplish the objectives of this chapter through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.
PRINCIPAL BUILDING OR STRUCTURE. The main building or structure in which the primary use is conducted.
PUBLIC STREET. Any right-of-way by easement or ownership and operated by a unit of government including, but not limited to, all major and local streets for which the city receives funds from the State Department of Transportation under provisions of Act 51. No part of any such right-of-way shall be considered when determining compliance with required setback, lot area, or other dimensional requirement of this chapter.
PUBLIC UTILITY. Any person, firm, corporation, or municipal agency authorized under federal, state, county, or municipal regulations to furnish electricity, gas, communications, transportation, water, or sewer services.
RECREATIONAL VEHICLE. Includes the following.
(1) BOATS AND BOAT TRAILERS. Includes boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.
(2) FOLDING TENT TRAILER. A canvas folding structure mounted on wheels and designed for travel and vacation use.
(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) OTHER RECREATIONAL EQUIPMENT. Includes snowmobiles, all-terrain or special-terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.
(5) 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.
(6) TRAVEL TRAILER. A portable vehicle on a chassis, not exceeding 36 feet in length or nine feet in width, 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.
RECREATIONAL VEHICLE PARK. All lands and structures which are designed and operated to accommodate recreational vehicles and provide for outdoor recreation activities.
RESTAURANT. Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast-food, standard restaurant, sidewalk café, or bar/lounge, or combination thereof, as defined below.
(1) BAR/LOUNGE. A type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a BAR or LOUNGE is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
(2) RESTAURANT, CARRY-OUT. A restaurant whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.
(3) RESTAURANT, DRIVE-IN. A restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages, or other food served directly to or permitted to be consumed by patrons in cars or other vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site outside the main building.
(4) RESTAURANT, DRIVE-THROUGH. A restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a window, permitting the customer to remain in its vehicle, for consumption primarily off the premises. A DRIVE-THROUGH RESTAURANT may or may not include features of uses defined as “restaurant, carry-out” or “restaurant, fast-food”.
(5) RESTAURANT, FAST-FOOD. A restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption where it is served, or at tables, booths, or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.
(6) RESTAURANT, STANDARD. A restaurant whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables.
(7) SIDEWALK CAFÉ. An area adjacent to or directly in front of a street-level eating or drinking establishment, located within the lot or the sidewalk area of the public right-of-way, used exclusively for dining, drinking, and pedestrian circulation. The encroachment area of a SIDEWALK CAFÉ may be separated from the remainder of the sidewalk by railings, fencing, or landscaping planter boxes or a combination thereof.
RETAINING WALL. A wall designed to resist the lateral displacement of soils and other materials.
RIGHT-OF-WAY. A legal right of passage over, under, and across real property typically associated with roads and railroads.
ROOMING HOUSE. A dwelling in which more than three persons either individually or as families are housed or lodged for hire without meals.
SCREEN. A structure providing enclosure or a visual barrier, such as a fence, wall, or berm, between the area enclosed and the adjacent property. A SCREEN may also consist of living materials such as trees and shrubs.
SELF-STORAGE FACILITY. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods.
SETBACK. The minimum required horizontal distance between the building or structure and the front, side, and rear lot lines and natural features.
SHOPPING CENTER. More than one commercial establishment, planned, developed, owned, and managed as a unit, with off-street parking provided on the property.
SIGHT DISTANCE. The length of roadway visible to the driver of a vehicle. Generally related to the distance or time (perception/reaction time) sufficient for the driver to execute a maneuver without striking another vehicle or object in the roadway.
SIGN. A device which is affixed to, or otherwise located or set upon a building, structure, or parcel of land which directs attention to an activity or business. The definition includes interior SIGNS, which are directed at persons outside the premises of the SIGN owners and exterior SIGNS, but not SIGNS primarily directed at persons within the premises of the SIGN owner. The definition does not include goods for sale displayed in a business window. The following additional definitions are provided.
(1) “A” FRAME SIGN. A sign designed in an A-frame fashion, having back-to-back sign faces to identify businesses, and not permanently attached to the ground, building, or other structure. (See also POSTER PANEL SIGN.)
(2) ABANDONED SIGN. See OBSOLETE SIGN.
(3) ANIMATED SIGN. A sign, other than a changeable copy sign, whereby the sign itself or the information conveyed incorporates or involves action, motion, or the appearance of action or motion, such as flashing lights, color changes, moving parts, reflective materials, scrolling messages, or video-like features.
(4) BANNER SIGN. A sign made of fabric, plastic, or other non-rigid material without an enclosing structural framework.
(5) BILLBOARD SIGN. An off-premises sign as regulated by Public Act 106 of 1972, being M.C.L.A. §§ 252.301 through 252.323, as amended.
(6) CANOPY SIGN. Any sign that is part of, or attached to, a canopy, awning, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area and which does not extend vertically or horizontally beyond the limits of the canopy. For the purposes of this definition, a CANOPY shall be defined as a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework.
Canopy Sign
(7) CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. This definition may include a sign where sign information is remotely changed by electronic or electrical signal or a sign where sign copy is physically changed by the personal actions of the sign operator. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a CHANGEABLE COPY SIGN for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a CHANGEABLE COPY SIGN for the purposes of this chapter.
(8) DIRECTIONAL SIGN. A sign which gives directions, instructions, or facility information for the use on the lot or parcel on which the sign is located, such as parking or exit and entrance signs.
Directional Sign
(9) FREESTANDING SIGN. A sign which is erected upon or supported by the ground, including “pole signs” and “ground signs”. Poster panel signs and sandwich signs shall not be considered a FREESTANDING SIGN for the purposes of this chapter.
(10) GROUND SIGN. A three dimensional, self supporting, base-mounted freestanding identification sign, consisting of two or more sides extending up from the base, and upon which a message, business, group of businesses, or center name is affixed.
Ground Sign
(11) INCIDENTAL SIGN. A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples of INCIDENTAL SIGNS include credit card signs, signs indicating the hours of business, no smoking signs, signs used to designate restrooms, and signs providing information on business affiliations.
(12) MARQUEE SIGN. A sign affixed flat against the surface of a marquee. For the purposes of this definition, a MARQUEE shall be defined as a permanent structure constructed of rigid materials that projects from the exterior wall of a building.
(13) MOTOR VEHICLE SIGN. A sign measuring more than two square feet in size that is mounted, placed, written, or painted on a vehicle or trailer, whether motor-driven or not.
(14) MURAL SIGN. A design or representation which is painted or drawn on a wall, which shall be further defined as the following.
(a) COMMERCIAL MURAL SIGN. A mural sign which does advertise an establishment, product, service, or activity.
(b) NONCOMMERCIAL MURAL SIGN. A mural sign which does not advertise an establishment, product, service, or activity.
(15) NAMEPLATE SIGN. A non-electric, on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
(16) OBSOLETE SIGN. A sign that advertises a product that is no longer made, an event that has already occurred, or that advertises a business that has closed.
(17) OFF-PREMISES SIGN. A sign located on a different lot or parcel from that which is identified on such sign.
(18) POLE SIGN. A sign supported on the ground by a pole, braces, or monument, and not attached to any building or other structure.
Pole Sign
(19) POLITICAL SIGN. A temporary sign used in connection with local, state, or national elections or referendums.
(20) PORTABLE SIGN. A sign designed to be moved easily and not permanently attached to the ground, a structure, or a building, including signs with wheels, hot-air and gas-filled balloons, pennants, streamers, ribbons, pinwheels, nongovernmental flags, and searchlights. A poster panel sign shall not be considered a PORTABLE SIGN for the purposes of this chapter.
(21) POSTER PANEL SIGN. A sign that is located outside of a business on a daily basis for the purpose of providing the public with information about the business (e.g., products and services offered, daily specials, and the like). POSTER PANEL SIGNS include sandwich signs and “A” frame signs.
(22) PROJECTING SIGN. A sign other than a wall sign, that is affixed to any building or wall and whose leading edge extends more than 12 inches beyond such building or wall.
Projecting Sign
(23) REAL ESTATE SIGN. A temporary sign placed upon property for the purpose of advertising to the public the sale, rental, or lease of said property.
Real Estate Sign
(24) REAL ESTATE DEVELOPMENT SIGN. A sign that is designed to promote the sale, rental, or lease of lots, homes, or building space in a real estate development (such as a subdivision or shopping center) which is under construction on the parcel on which the sign is located.
(25) RESIDENTIAL DEVELOPMENT ENTRY SIGN. A permanent, on-premises sign identifying a vehicular entrance to a residential subdivision or residential complex.
Residential Development Entry Sign
(26) ROOF SIGN. Any sign wholly erected to, constructed, or maintained on the roof structure of any building.
(27) SANDWICH SIGN. A sign designed in an A-frame fashion, having back-to-back sign faces to identify businesses, and not permanently attached to the ground, building, or other structure. (See also POSTER PANEL SIGN.)
(28) SIGN SURFACE. The part of the sign upon, against, or through which the message is displayed or illustrated.
(29) SPECIAL EVENT SIGN. Temporary and portable signs containing public messages concerning noncommercial special events that are of a religious, charitable, social, or educational nature.
(30) TEMPORARY SIGN. A sign, banner, or other advertising device constructed of cloth, canvas, fabric, plastic, or other light temporary material, with or a without structural frame, or any other sign intended for a limited period of display, but not including decorative display for holidays or public demonstration.
(31) TIME/TEMPERATURE SIGN. A sign which displays the current time or outdoor temperature or both, and which displays no other material except for the name of the business.
(32) WALL SIGN. Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building; provided, however, said WALL SIGN shall not project more than 12 inches from the wall, above the top of the wall, or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a WALL SIGN.
Wall Sign
(33) WINDOW SIGN. A sign installed inside a window and intended to be viewed from the outside.
SITE CONDOMINIUM. A condominium development containing residential, commercial, office, industrial, or other improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed. The following additional definitions are provided.
(1) CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended.
(2) CONDOMINIUM DOCUMENTS. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
(3) CONDOMINIUM LOT. The condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of “lot” as used in connection with a project developed under the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended.
(4) CONDOMINIUM UNIT. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(5) COMMON ELEMENTS.Parts of a property that are necessary or convenient to the existence, maintenance, and safety of a condominium or are normally in common use by all of the condominium residents. Each condominium owner has an undivided ownership interest in the general common elements.
(6) GENERAL COMMON ELEMENTS. The common elements other than the limited common elements.
(7) LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
(8) MASTER DEED. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by § 8 of the Condominium Act.
SITE PLAN. A plan showing all salient features of a proposed development, as required under § 154.024 so that it may be evaluated in order to determine whether it meets the provisions of this chapter. The processing of a SITE PLAN will include a preliminary and/or final approval as may be appropriate.
SKETCH PLAN. A preliminary drawing indicating general development of a lot or parcel.
SPECIAL USE. A use which is subject to special approval by the Planning Commission. A SPECIAL USE may be granted only in accordance with specific provision in this chapter. A SPECIAL USE is not considered to be a nonconforming use.
STORAGE, OUTDOOR. Placing new, used, or obsolete materials, products, or merchandise out of doors. OUTDOOR STORAGE is prohibited, except as otherwise provided in this chapter.
STORY. The portion of a building included between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. (See Figure 1.)
STORY, ONE-HALF. The part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half the floor area of said full story, provided the area contains at least 200 square feet with a clear height of at least seven feet, six inches.
STREET. A public thoroughfare, which affords the principal means of access to abutting property.
STREET LINE. The dividing line between the street right-of-way and the lot. When such right-of-way is not definable, a line shall be defined as 33 feet on either side of the center of the street.
STRUCTURE. Anything constructed or erected above ground level which is attached to something located on the ground. STRUCTURES typically include such things as buildings, amateur radio towers, sheds, and decks.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: before the improvement or repair is started; or if the structure has been damaged and is being restored, before the damage occurred.
(2) For the purpose 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 to external dimensions of the structure.
(3) This term does not include: any improvement of a structure to comply with existing state or local building, health, sanitary, or safety code specifications which are necessary to assure safe occupancy of the structure; or any alteration of a structure listed on the National or State Register of Historic Places or in a local historic district established under state law.
TRIP GENERATION RATE.
(1) The number of trip ends associated with a development based on building area, lot size, number of dwellings, or employees and other parameters.
(2) The number can be estimated using accumulated data or comparable development given in nationally accepted sources, such as the Trip Generation Manual prepared by the Institute of Traffic Engineers (ITE) or the Federal Highway Administration (FHWA).
VISUAL BLIGHT. A negative physical appearance in a specific location or area.
WIRELESS COMMUNICATION FACILITIES.
(1) COLLOCATE. To place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. COLLOCATION has a corresponding meaning.
(2) STEALTH. Any WCSS or WCE which is designed to enhance architectural elements, and WCSS designed to look other than like a tower such as light poles, power poles, and trees. STEALTH does not necessarily exclude the use of un-camouflaged lattice, guyed, or monopole tower designs.
(3) WIRELESS COMMUNICATIONS EQUIPMENT (WCE). The set of equipment and network components used in the provision of wireless communications services including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
(4) WIRELESS COMMUNICATIONS EQUIPMENT COMPOUND (WCEC). An area surrounding or adjacent to the base of a wireless communications support structure and within which the wireless communications equipment is located.
(5) WIRELESS COMMUNICATIONS SUPPORT STRUCTURE (WCSS). A structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
YARD, FRONT.
(1) A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the principal building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
(2) In all cases, the front lot line shall be considered to be that portion of the lot which abuts a public road right-of-way or private road easement (for currently nonconforming lots). (See Figure 5.)
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building. (See Figure 5.)
YARD, SIDE. A yard between any building and the side lot line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side lot line to the nearest point of principal building. (See Figure 5.)
ZONING ADMINISTRATOR. The City Manager of the City of Linden shall be appointed by City Council to administer this chapter. The City Manager may delegate administrative or enforcement duties to a subordinate.
(Ord. 285, passed 12-8-2003; Ord. 336, passed 6-11-2012; Ord. 355, passed 6-8-2015; Ord. 356, passed 6-8-2015; Ord. 380, passed 9-25-2017; Ord. 381, passed - -2017)