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 4 in Appendix A.
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 CARE FACILITIES. A facility for the care of adults, over 18 years of age, as licensed and regulated by the state under Public Act 218 of 1979, and rules promulgated by the State Department of Consumer and Industry Services. Such organizations shall be defined as follows:
(1) ADULT FOSTER CARE FACILITY. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organization Act 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128. The following additional definitions shall apply in the application of this chapter.
(2) ADULT FOSTER CARE CONGREGATE FACILITY. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organization Act 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128.
(3) ADULT FOSTER CARE FAMILY HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organization Act 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128.
(4) ADULT FOSTER CARE LARGE GROUP HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organization Act 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128.
(5) ADULT FOSTER CARE SMALL GROUP HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organization Act 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128.
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. 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. In addition to automobile service, convenience stores and carryout restaurants may be included.
AUTOMOBILE WASHES. A building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.
BASEMENT. The portion of a building having more than 1/2 of its height below finished grade (see Appendix A, 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.
BREWERY, DISTILLERY, WINE PRODUCTION. A facility in which beer, wine or other alcoholic beverages are brewed, fermented, or distilled and then packaged and stored for distribution and possesses the appropriate license(s) from the State of Michigan and the federal government.
BUILDING. A structure having a roof supported by columns or walls.
BUILDING CODE. The currently adopted code or codes regulating building construction in the Village of Manchester.
BUILDING HEIGHT. The vertical distance measured from the finished grade level to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridges of gable, hip, and gambrel roofs. 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 Appendix A, Figure 2).
BUILDING OFFICIAL. The administrative official designated by the Village 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.
CHILD CARE ORGANIZATIONS. A government or non-governmental organization having as its principal function the receiving of minor children for care, maintenance training and supervision, notwithstanding that educational instruction may be given. Such organizations shall be defined as follows:
(1) CHILD CARE CENTER (or DAYCARE CENTER). A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organizations Act, 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128. A facility, other than a private residence, receiving 1 or more preschool or school age children for care for periods of less than 24 hours a day and for not less than 2 consecutive weeks and where the parents or guardians are not immediately available to the child.
(2) FOSTER FAMILY HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organizations Act, 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128. A private home in which 1 but not more than 4 minor children, who are not related to an adult member of the household by blood, marriage or who are not placed in the household pursuant to the adoption code, are given care and supervision for 24 hours a day, for 4 or more days a week for 2 or more consecutive weeks, unattended by a parent or legal guardian.
(3) FOSTER FAMILY GROUP HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organizations Act, 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128. A private home in which more than 4 but fewer than 7 minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the Adoption Code, are provided care for 24 hours a day for 4 or more days a week for 2 or more consecutive weeks, unattended by a parent or legal guardian.
(4) FAMILY DAY CARE HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organizations Act, 1973 PA116, M.C.L.A. §§ 722.111 to 722.128. A private home in which 1 but fewer than 7 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent, legal guardian, except children related to an adult member of the family by blood, marriage, or adoptions. Family day care home includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year.
(5) GROUP DAY CARE HOME. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organizations Act, 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128. A private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to the adult member of the family by blood, marriage or adoption. GROUP DAY CARE HOME includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year.
(6) CHILD CARE INSTITUTION. A facility or use as defined under the Adult Foster Care Facility Licensing Act, 1979 PA 218, M.C.L.A. §§ 400.701 to 400.737, or under the Child Care Organizations Act, 1973 PA 116, M.C.L.A. §§ 722.111 to 722.128. A child care facility which is organized for the purpose of receiving children for care, maintenance and supervision usually on a 24-hour basis, in a building maintained for that purpose, and operated throughout the year. It includes a maternity home for the care of unmarried mothers and institutions for mentally, emotionally or developmentally challenged or disturbed children.
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.
CONDITIONAL USE. A use which is subject to conditional approval by the Village Council. A conditional use may be granted only when there is a specific provision in this chapter. A conditional use is not considered to be a nonconforming use.
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. The home shall conform and qualify for license under state law even though state law has different size regulations.
CONVENIENCE GROCERY STORE. A 1-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.
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 1 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 1 but not more than 6 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 4 weeks in a calendar year.
(3) GROUP DAY-CARE HOME. A state-licensed, owner-occupied private residence in which 7 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 4 weeks in a calendar year.
DISTRICT. A portion of the village 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.
DWELLING. A dwelling is a building used exclusively as a residence by not more than 1 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, 2-FAMILY. A building consisting of 2 dwellings.
DWELLING, MULTIPLE-FAMILY. A building consisting of 3 or more dwellings.
DWELLING, SINGLE-FAMILY. A building designed for, or occupied exclusively by, 1 family.
EASEMENT. The right of an owner of property by reason of the ownership, to use the property of another for purposes of ingress, egress, utilities, drainage, and similar uses.
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 the 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.
(1) An individual or a group of 2 or more persons related by blood, marriage, or adoption, together with foster children and servants of the principal occupants, with not more than 1 additional unrelated person, who are domiciled together as a single, domestic housekeeping unit in a dwelling unit; or
(2) A collective number of individuals domiciled together in 1 dwelling unit whose relationship is of a continuing nontransient 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 manmade materials for the purpose of preventing or controlling entrance or to confine within or to mark boundary.
FLOOR AREA. The sum of the gross horizontal areas of the building measured from the exterior faces of the exterior walls or from the center line of walls separating 2 buildings.
FOOD PRODUCTION. A facility in which the preparation, processing, and packaging of food and beverage products, but not the slaughtering of animals. Examples of activities include, but are not limited to, bakeries, creameries, and confectioneries.
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.
GRADE. The degree of rise or descent of a sloping surface (see Appendix A, Figure 3).
GRADE, FINISHED. The final elevation of the ground surface after development (see Appendix A, Figure 3).
GRADE, NATURAL. The elevation of the ground surface in its natural state, before manmade alternations (see Appendix A, Figure 3).
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 the 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 or salvaged machinery and the processing of used, discarded, or salvaged materials, for any 30 consecutive days.
KENNEL. Any place or premises where 3 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.
LANDSCAPING. The following definitions shall apply in the application of this chapter.
(1) BERM. A landscaped mound of earth which blends with the surrounding terrain.
(2) BUFFER. A landscaped area composed of living material, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.
(3) CONFLICTING NONRESIDENTIAL LAND USE. Any nonresidential use, such as office, commercial, industrial, research, parking, or public road right-of-way land use which abuts a residential land use.
(4) CONFLICTING RESIDENTIAL USE. Any residential land use developed at a higher density which abuts a residential land use developed at a lower density.
(5) GREENBELT. A landscaped area, established at a depth of the minimum required front yard setback within a zoning district, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use.
(6) OPACITY. The state of being impervious to sight.
(7) PLANT MATERIAL. A collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines, and ground cover.
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 lot is 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 the yards and other open spaces as herein required. The lot shall have frontage on a public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) Any combination of complete and/or portions of lots of record; or
(4) A parcel of land described by metes and bounds.
LOT AREA. The total horizontal area within the lot lines of a lot, but excluding that portion within a street right-of-way.
LOT, CORNER. A lot with frontage on 2 intersecting streets. (See illustration entitled “Corner, Interior and Double Frontage.”)
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; or in the case of a waterfront lot, from the lake frontage line to the street frontage line; or in the case of an acreage lot, from the front right-of-way line to the rear lot line.
LOT, DOUBLE FRONTAGE. A lot other than a corner lot having frontage on 2 more or less parallel streets. In the case of a row of double frontage lots, 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 structures in the same block fronting 1 or both of the streets, the required front yard setback shall be observed on those streets where structures presently front.
LOT, INTERIOR. An interior lot is a lot other than a corner lot with only 1 lot line fronting on a street.
LOT LINES. Any line dividing 1 lot from another or from a public right-of-way, and thus constitutes the property lines bounding a lot.
LOT OF RECORD. A lot of record is a lot, the dimensions of which are shown on a subdivision plat recorded in the office of the Register of Deeds for Washtenaw County, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or registered surveyor, so designated by the State of Michigan, and the description so recorded or on file with the county.
LOT, WIDTH. The required horizontal distance between the side lot lines measured at the 2 points where the required front yard setback line intersects the side lot lines. For lots located on the turning circle of a cul-de-sac, the lot width may be reduced to 80% of the required lot width.
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.
MARIJUANA. The substance or material defined in Section 7106 of the Public Health Code, 1978 P.A. 368, M.C.L.A. § 333.7106.
MEDICAL MARIJUANA HOME OCCUPATION. The cultivation of medical marijuana by a registered primary caregiver as defined in Section 3 of the Michigan Medical Marijuana Act (“Act”), M.C.L.A. § 333.26423, within a single-family dwelling that is the registered primary caregiver’s residence and which cultivation is in conformity with the restrictions and regulations contained in the Act, the state regulations developed by the Michigan Department of Community Health (“MDCH”), and the Village of Manchester Code.
MEZZANINE. Is an intermediate floor in any story occupying but not to exceed more than 1/3 of the floor area of the story.
MOBILE HOME. A detached portable single-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, 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.
MOBILE HOME PARK. Any parcel of land intended and designed to accommodate more than 1 mobile home for living use which is offered to the public for that purpose; and any structure, facility, area, or equipment used or intended for use incidental to that living use.
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 this chapter in the zoning district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.
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 2 automobiles.
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.
OUTDOOR WOOD-, CORN- OR PELLET-FIRED BOILER OR FURNACE. A fuel-burning device designed: (1) to burn primarily wood or pellets by hand firing; (2) not to be located inside structures ordinarily occupied by humans; and (3) to heat spaces or water by the distribution through pipes of a fluid, typically water, heated in the device. Examples of common uses of outdoor wood-fired boilers include residential or commercial space heating, heating of domestic hot water and heating of water for swimming pools, hot tubs, or whirlpool baths.
PARKING SPACE. One unit of a parking area provided for the parking of 1 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.
PRINCIPAL BUILDING OR STRUCTURE. The main building or structure in which the primary use is conducted.
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.
QUALIFYING PATIENT OR PATIENTS. A person as defined under Section 3 of the Act, M.C.L.A. § 333.26423(h), and under the Michigan Administrative Rules adopted pursuant to the Act, §§ R 333.101 et seq., and who has been issued and possesses a registry information card.
RECREATIONAL VEHICLE. Shall include the following.
(1) BOATS and BOAT TRAILERS. Shall include 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 9 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.
REGISTRY IDENTIFICATION CARD. The document defined under Section 3 of the Act, M.C.L.A. § 333.26423(i), and the Michigan Administrative Rules adopted pursuant to the Act, §§ R 333.101 et seq.
RESTAURANT. A restaurant is 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 carryout, drive-in, drive-through, fast food, standard restaurant, 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, CARRYOUT. A restaurant whose method of operation involved sale of food, beverages, and/or frozen deserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.
(3) 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 at the counter 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.
(4) RESTAURANT, STANDARD. A restaurant whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.
RIGHT-OF-WAY. A legal right of passage over real property typically associated with roads and railroads.
ROOMING HOUSE. A dwelling in which more than 3 persons either individually or as families are housed or lodged for hire without meals.
SCREEN. A structure providing enclosure, such as a fence, and/or visual barrier between the area enclosed and the adjacent property. A SCREEN may also consist of living materials such as trees and shrubs.
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 1 commercial establishment, planned, developed, owned, and managed as a unit, with off-street parking provided on the property.
SIDEWALK CAFÉ SERVICE. An outdoor seating area for customers of a restaurant where table- side service may be extended.
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) CANOPY SIGN. A sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits off the canopy.
(2) FREESTANDING SIGN. A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be placed in or below the ground surface and not attached to any building or any other structure, whether portable or stationary.
(3) PORTABLE TEMPORARY SIGN. A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, easily movable, and not permanently attached to the ground or a building.
(4) PROJECTING SIGN. A sign, other than a wall sign, which is perpendicularly attached to and projects from a structure or building wall not specifically designed to support the sign.
(5) REAL ESTATE SIGN. A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of the property.
(6) ROOF SIGN. Any sign wholly erected to, constructed, or maintained on the roof structure of any building.
(7) SIGN SURFACE. The part of the sign upon, against, or through which the message is displayed or illustrated.
(8) WALL SIGN. Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building; provided, however, the wall sign shall not project 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.
(9) 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 structures or 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 559.276, 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 Land Division 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) GENERAL COMMON ELEMENTS. The common elements other than the limited common elements.
(6) 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.
(7) 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, being Public Act 59 of 1979, being M.C.L.A. § 559.108.
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.
STORY, ONE-HALF. A story under the gable, hip, or gambrel roof, the wall plates of which on at least 2 opposite exterior walls are not more than 2 feet above the floor of the story and the floor area shall not exceed 2/3 of the area of the floor below.
STREET. A public or private 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 the 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 or which is attached to something located on the ground. STRUCTURES typically include such things as buildings, amateur radio towers, sheds, and decks.
TEMPORARY PORTABLE STORAGE CONTAINER. A non-habitable, transportable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise on a temporary basis.
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 building 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 may be subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this chapter, the following additional terms are defined.
(1) ATTACHED WIRELESS COMMUNICATIONS FACILITIES. 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) COLLOCATION. The location by 2 or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.
(3) WIRELESS COMMUNICATION SUPPORT STRUCTURES. Structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
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 (see Appendix A, Figure 4).
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 Appendix A, Figure 4).
YARD, SIDE.
(1) A yard between any building and the side lot line, extending from the front yard to the rear yard.
(2) 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 Appendix A, Figure 4).
ZONING ACT. The Zoning Enabling Act of Michigan, Public Act 110 of 2006, as amended, M.C.L.A. §§ 125.1301 et seq.
(Ord. 239, passed 3-5-2001, § 2.2; Am. Ord. 275, passed 12-20-2010, § 1; Am. Ord. 278, passed 9-19-2011; Am. Ord. 282, passed 2-6-2012; Am. Ord. 288, passed 12-16-2013; Am. Ord. 300, passed 8-5-2019; Am. Ord. 314, passed 12-19-2022)