The following definitions shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.
Abandoned vehicle means, a vehicle which has remained on private property for a period of 48 continuous hours without the consent of the owner or occupant of the property, or a vehicle which has remained on public or private property for a period of 48 continuous hours after a police agency or other governmental agency has affixed a written notice to the vehicle.
Accessory structure means a structure located on the same lot as the principal structure, the use of which is customarily incidental or secondary to the principal structure or use.
Accessory use means a use of land or of a structure or portion thereof which is customarily and naturally incidental to, subordinate to, and devoted exclusively to the principal use of the land or building and located on the same lot with the principal use.
Aggregate means an inert material used as a component of concrete, mortar, plasters, and bituminous pavements. Sand, gravel or crushed stone are the most common aggregates.
Agricultural land means substantially undeveloped land devoted to the production of plants and animals useful to humans including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees, and other similar uses and activities.
Agricultural land use is characterized by the act or business of cultivating or using agricultural land and soil for the production of animals, crops and plants useful to animals or humans, and includes purposes related to agriculture, farming, dairying, pasturage, nursery, horticulture, floriculture, viticulture, aquaculture, animal and poultry husbandry, and other similar uses and activities producing food, seed, fiber or fur. See "farm" and "prime agricultural land".
Airport approach plan and airport layout plan mean a plan, or an amendment to a plan, filed with the Mason planning commission under section 151 of the Aeronautics Code of the state of Michigan, 1945 PA 327 (MCL 259.151).
Alcoholic liquor means alcoholic liquor as defined by the Michigan Liquor Control Code of 1998.
Alley means a public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.
State Law References: Similar provisions, MCL 560.102(2).
Alteration means any modification, remodeling, change or rearrangement in a structural or supporting member such as footings, bearing walls, columns, or girders, as well as any change in the doors, windows, roof or exterior walls which affect the means of egress which is undertaken without adding to the floor area, height, or physical size of the building or structure.
Alternative tower structure means any manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Ambient noise means background noise or noise that cannot be identified as coming from any particular source.
Animal clinic means a building where animal patients, who may or may not be lodged overnight, are admitted for examination and treatment by a veterinarian or similar professionals.
Animal unit means a number of animals based upon animal type under tables published by the Michigan Commission of Agriculture which are generally calculated as 1,000 pounds live weight equals one animal unit.
Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Apartment means a room or group of rooms that is designed to function as a single, complete dwelling unit and is located in a multiple-family dwelling or a multiple use building.
Appraised value means the value of property as determined by an individual qualified to appraise that type of property.
Aquifer means subsurface rock or other materials capable of holding a significant amount of water in their crevices. Certain types of material such as course sands, gravel and limestone, are more likely to produce aquifers.
Area of special flood hazard means the land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year.
Automobile repair garage means a premises where the following services may be carried out in a completely enclosed building: General repairs, engine rebuilding, collision repair, painting, and undercoating of vehicles.
Automobile service station means structures and premises used or designed to be used for the retail sale of fuels, lubricants, and other operating commodities for motor vehicles, including the customary space and facilities for the installation of such commodities; and including space for minor vehicle repairs or service such as polishing, washing, cleaning, and greasing, but not including bumping, painting, or refinishing.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, often referred to as a 100-year flood.
Base flood level means the highest elevation of a flood having a one percent chance of being equaled or exceeded in any given year. Commonly referred to as the 100-year flood level. See "floodplain".
Basement means the portion of a building which is partly below and partly above grade where greater than one-half of the height of that portion is below grade. A basement shall not be counted as a story.
Bathroom is a room containing plumbing fixtures including a toilet, bathtub or shower, or any other combination thereof.
Bed and breakfast means an owner-occupied residential structure that meets the provisions of section 94-192(7) of this chapter.
Bedroom is any room or space used or intended to be used for sleeping purposes.
Berm means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
Bicycle facilities means a public way designated for the use of cyclists.
Bicycle way means a bicycle facility parallel and adjacent to but separate from the roadway.
Blighted structure means, without limitation, any dwelling, garage, or outbuilding, or any factory, shop, store, warehouse, or any other structure or part of a structure which, because of fire, wind, or other natural disaster, or physical deterioration, is no longer habitable as a dwelling, nor useful for the purpose for which it may have been intended.
Block means a piece of or parcel of land entirely surrounded by public highways, streets, streams, railroads, rights-of-way, a park, etc., or a combination thereof.
Bond means a form of insurance required of an individual or firm to secure the performance of an obligation. (See "performance guarantee").
Buffer means a strip of land or space, including a specified type and amount of planting or structures intended to protect or screen one type of land use from another, or minimize or eliminate off-site ecological degradation.
Buildable acre means an acre of land remaining after excluding land classified as a wetland or regulated water body.
Building means a combination of materials, whether portable or fixed, forming a structure affording a facility or shelter for use or occupancy by persons, animals or property. The term does not include a building incidental to the use for agricultural purposes of the land on which the building is located if it is not used in the business of retail trade. The term shall be construed as though followed by the words "or part or parts of the building and all equipment in the building" unless the context clearly requires a different meaning.
Building area means the area included within surrounding exterior walls (including fire walls) exclusive of vents, shafts and courts. Areas of the building not provided with surrounding exterior walls shall be included in the building area if underneath the vertical projection of the roof or floor above.
Building envelope means the area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project (See figure 100-104 in ch. 100).
Building line means a line established on a parcel parallel to an adjacent public right-of-way or adjacent property line for the purpose of prohibiting construction of a structure between such line and the right-of-way or property lines. Building line is commonly referred to as the setback line.
Building materials means lumber, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete, or cement, nails, screws or any other materials used in constructing any structure.
Business districts means, the C-1 and C-2 zoning districts.
Business sign means a sign which directs attention to a business or profession conducted or to a commodity, product, service or entertainment sold, manufactured or offered upon the premises where such sign is located.
Caliper means a measure of the size of vegetation defined as the average diameter of the main trunk measured at a point five feet from the ground at the base of the vegetation.
Call box stand means a place alongside a street, or elsewhere where the police chief has authorized a holder of a taxicab certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs.
Camper means a vehicular portable structure which is mounted or built upon a chassis, is less than 35 feet in length and is of such a width and weight as not to require special highway movement permits when moved or drawn by a vehicle.
Campground is as defined in Public Health Code (MCL 331.12501 et seq.).
Carport means a partially open structure intended to shelter one or more vehicles. Such structures shall comply with all yard requirements applicable to a private garage.
Casino means a facility licensed and operating under the Michigan Gaming Control and Revenue Act, initiated law of 1996, MCL 432.201 as defined by Section 2(g) of the Act, MCL 432.202(g).
Cellar. See "basement".
Change in use means a use of a building, structure or parcel of land, or portion thereof which is different from the previous use as classified in this chapter or in the building code.
Charter means the Charter of the City of Mason, Michigan.
Church use. See "religious institution".
City means the City of Mason, Michigan.
Clear vision area means the unobstructed view across a corner space which is created by the intersection of two vehicular ways that allows a motorist to see on-coming traffic or pedestrians (See figure 100-103 in ch. 100). This vision area shall be clear of any opaque obstructions within a specified distance along or from the right-of-way line(s) of all streets and drives.
Cluster development means a development where structures are arranged in closely related groups, typically of the same type or character of design thus creating greater densities in certain areas of a site while preserving the natural features in other areas on the same site.
Code means the Mason City Code, as designated in section 1-1.
Cold storage means the keeping of farm produce or goods under climate controlled conditions.
Collocation means the shared use by more than one licensed carrier of a single tower or other useable antenna support structure.
Commercial garage. See "automobile repair garage".
Commercial recreation facility means a recreational facility including campgrounds, athletic fields, golf courses, race tracks, or other spectator/participatory facilities that charge a fee for use.
Commercial use means an activity carried out for financial gain including retail sales, repair service, salvage operations, business offices, food service, entertainment and brokerages.
Commercial vehicle means any motor vehicle registered as a commercial vehicle under the Michigan Vehicle Code (MCL 257.1 et seq.) or which is used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares, or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or loads so drawn.
Common land means a parcel or parcels of land together with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a particular development.
Common open space means a parcel or parcels of land or an area of water or combination of land and water dedicated for the use or enjoyment of the residents in a particular development or of the general public. Common open space does not include any proposed street right-of-way, open parking areas, or commercial areas. Common open space may contain accessory structures and improvements necessary or desirable for religious, educational, non-commercial, recreational, or cultural uses.
Community commercial center means a shopping center containing more than one use relating to wholesale and/or retail services and utilizing shared vehicular ingress and egress and on-site parking.
Compensation means any money, property, thing of value or benefit received by any person in return for services rendered.
Concessionaire means any person, whether a resident of the city or not, who receives a license under the provisions of this article to sell or offer for sale goods, services or merchandise from a temporary or portable structure or fixture at a specified location within a business district.
Condominium means an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building. A condominium may include, in addition, a separate interest in other portions of such real property.
Condominium Act as defined in Public Act No. 59 of 1978 (MCL 559.101 et seq.).
Condominium documents means 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 of the condominium.
Condominium lot means the condominium unit and the limited common area reserved for the exclusive use of the co-owner of an adjacent condominium unit together in a site condominium development. A condominium lot is considered the functional equivalent of a standard subdivision lot and the boundaries thereof shall be the functional equivalent of the boundaries of a platted lot.
Condominium project means a project developed under the Michigan Condominium Act (MCL 559.101 et seq.) consisting of more than one condominium unit which is not subject to the provisions of the Land Division Act (MCL 560.101 et seq.).
Condominium structure means the principal building or structure intended for or constructed upon a lot or development site together with any attached accessory structures; e.g., in a residential development, the condominium structure would refer to the house and any attached garage. A condominium structure can also be a building envelope.
Condominium subdivision plan means the drawings and information prepared in accordance with Section 66 of the Condominium Act (MCL 559.166) and filed with the register of deeds as an exhibit to the condominium master deed.
Condominium unit means an area of land or volume of space separately described in a condominium master deed and intended for separate ownership or use.
Conflict of interest means either a personal interest or a duty or loyalty to a third party that competes with or is adverse to the duty of a city official or city employee to the public interest in the exercise of official duties or official actions.
Congregate housing means a structure containing two or more rooming units limited in occupancy and occupied by persons 60 years and older, their spouses, or surviving spouses, except for rooms or units occupied by resident staff personnel, providing indoor, conveniently located, shared food preparation service and major dining areas, and common recreation, social, and service facilities for the exclusive use of all residents.
Construction contractors establishment means a parcel of land, building, or structure, or a portion thereof used to store trucks, excavating equipment, supplies, tools, or materials utilized by a construction contractor, subcontractor, or builder.
Contiguous parcels means, as used in this chapter shall mean two or more parcels of property which have one or more common property lines.
Contractible condominium means a condominium project from which any portion of the submitted land or building may be withdrawn in accordance with this chapter and the Condominium Act MCL 559.101 et seq.).
Convalescent home means a residential nursing facility other than a hospital, that is designed to provide a range of personal and medical care services to aged, chronically ill or disabled individuals and which is licensed by the State of Michigan.
Convenience retail means establishments which sell primarily goods which are edible or disposable in small quantities directly to the consumer.
Conversion condominium means a condominium project containing units, some or all of which were occupied before filing of a notice of taking reservations under Section 71 of the Condominium Act (MCL 559.171), as defined by Subsection 5(2) of the Condominium Act (MCL 559.105(2)).
Corner lot means a lot that is situated at the junction of at least two streets at which the angle of interception is no greater than 135 degrees and defined as having one front yard, one rear yard and two side yards.
Council and city council mean the Council of the City of Mason, Michigan.
County means Ingham County, Michigan.
Cul-de-sac means a minor street of short length having one end open to traffic and being permanently terminated at the other end by a vehicular turn around.
Customary agricultural operation means an agricultural land use, condition or activity which occurs on land in connection with the commercial production of farm products and includes but is not limited to noise, odors, dust, fumes, operation of machinery and irrigation pumps, ground and aerial seeding and spraying, application of chemical fertilizers, insecticides and herbicides, and employment of labor when such conditions or activities are conducted in accordance with generally accepted agricultural and management practices. (See "farm").
Cyclist means a person who is not afoot and is driving or is in actual physical control of a bicycle.
Dangerous building means any building, dwelling, structure, or dwelling unit that has one or more of the following defects or is in one or more of the following conditions:
(1) A door, aisle, passageway, stairway, or other means of exit does not conform to the applicable fire code of the city, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to or might use such door, aisle, passageway, stairway, or other means of exit.
(2) A portion of the building or structure is damaged by fire, wind, flood, or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of this article or the applicable building code of the city.
(3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse and injure persons or damage property.
(4) A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by this article or the applicable building code of the city.
(5) The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, or the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
(6) The building, structure, or a part of the building or structure is manifestly unsafe for the purpose for which it is used.
(7) The building or structure is damaged by fire, wind, or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.
(8) A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that the health officer determines is likely to cause sickness or disease, or is likely to injure the health, safety, or general welfare of people living in the dwelling.
(9) A building or structure is vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(10) A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease, or rent with a real estate broker licensed under Article 25 of the Occupational Code, MCL 339.2501 et seq. For purposes of this subdivision, "building or structure" includes, but is not limited to, a commercial building or structure. This subdivision does not apply to either of the following:
a. A building or structure as to which the owner or agent does both of the following:
1. Notifies the police department that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the police department by the owner or agent not more than 30 days after the building or structure becomes unoccupied.
2. Maintains the exterior of the building or structure and adjoining grounds in accordance with this article and the applicable building code of the city.
b. A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the police department that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this subsection shall notify the police department not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, "secondary dwelling" means a dwelling such as a vacation home, hunting cabin, or summer home, that is occupied by the owner or a member of the owner's family during part of a year.
(11) Is in such a condition as to constitute a nuisance.
(12) Is otherwise a "dangerous building" as described and defined in Section 139 of the Housing Law of Michigan (MCL 125.539).
Day care facility means a state licensed facility receiving more than six preschool or school age children for group care for periods of less than 24 hours per day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. A child/day care facility is regulated by Public Act No. 116 of 1973 (MCL 722.111 et seq.).
Density means the number of dwelling units situated on or to be developed per acre of land. Refer to "gross density" and "net density".
Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
Development site means a parcel meeting the requirements of Sections 108 and 109 of the Land Division Act (MCL 560.108, 560.109) and chapter 74, article III of this Code; a platted lot meeting the requirements of the Land Division Act (MCL 560.101 et seq.) and chapter 74, article II of this Code; or a condominium lot on which exists, or which is intended for, building development. Development site shall not include the following:
(1) Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities.
(2) Forestry use involving the planting, management, or harvesting of timber.
District/zoning district means the zoning districts described in chapter 94 of this Code.
Disturbed land means a parcel of land which is graded, filled, excavated, mined, or stripped of its natural vegetative cover or grass for a purpose other than agriculture land use.
Divided or division means the partitioning or splitting of a parcel or tract of land by the proprietor or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale or lease of more than one year, or of building development, that results in one or more parcels of less than 40 acres or the equivalent, and satisfies the requirements of Sections 108 and 109 of the Land Division Act (MCL 560.108, 560.109).
State Law References: Similar provisions, MCL 560.102(d).
Drive-in facility means commercial enterprises that permit the consumer to transact business, receive a service, or be entertained while remaining in a motor vehicle.
Drive-thru facility. See "drive-in facility".
Driveway means a path of travel connected to a public or private street over which a vehicle may be driven to access one or more parcels of land.
Dump means a disposal site on which solid wastes are placed and left and which is not licensed under Part 115 of Public Act No. 451 of 1994 (MCL 325.11501 et seq.) as a solid waste disposal site.
Duplex. See "two-family dwelling".
Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, utilities, and sanitation.
Easement means a grant by the owner of the use of a strip of land by the public, or persons, for specific uses or purposes, and shall be designated as public or private depending on the nature of the user and in conformance with the Land DivisionAct (MCL 560.101 et seq.).
Efficiency unit means a dwelling unit comprised of one combined living and sleeping room and a separate room containing sanitary facilities, and that may have a separate room containing kitchen facilities.
Equestrian center means an enclosed or unenclosed facility which provides public instruction, training or practice in the equestrian arts, including public exhibitions or competition in such skills.
Excavation means the removal or recovery of exposed or submerged soil, rock, sand, gravel, peat, muck, marrow, shale, limestone, clay, or other mineral or organic substances except vegetation, from water or land, whether exposed or submerged.
Exempt split or exempt division means the partitioning or splitting of a parcel or tract of land by the proprietor or by his heirs, executors, administrators, legal representatives, successors or assigns that does not result in one or more parcels of less than 40 acres or the equivalent provided all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements, or through areas owned by the owner of the parcel that can provide such access.
State Law References: Similar provisions, MCL 560.102(e).
Expandable condominium means a condominium project to which additional land may be added in accordance with this chapter and the State Condominium Act (MCL 559.101 et seq.).
Explosive means a chemical compound or mechanical mixture commonly used, or intended, for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing, that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or destroying life and limb.
Exterior property is the open space on the premises and on adjoining property under the control of owners or operators of such premises.
Extermination means the control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Family means one or more persons living together in a dwelling unit as a single domestic housekeeping unit. Where there are more than two persons living in a dwelling unit, a family shall be comprised of individuals in accordance with one of the following standards. Anyone seeking the rights and privileges afforded a member of a family by this chapter shall have the burden of proof by clear and convincing evidence of compliance with this definition.
(1) A domestic family comprised of persons related by blood, marriage or adoption with the addition of not more than one unrelated person.
(2) The functional equivalent of a domestic family comprised of persons living together whose relationship is of a regular and permanent nature and has a distinct domestic character, or a demonstrable and recognizable bond, where each person is responsible for the basic material needs of the others and all persons are living and cooking as a single housekeeping unit. The functional equivalent of a domestic family shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization, nor include a group of persons whose association is temporary or seasonal in character or nature or for the limited duration of their education, nor a group whose sharing of a house is not to function as a domestic family, but merely for convenience and economics.
Farm means a parcel of land containing at least ten acres which is utilized for an agricultural land use, including necessary farm structures and equipment, but not including the raising of fur bearing animals, livery or boarding stables and dog kennels.
Fee simple title refers to the broadest, most extensive and unconditional estate in land that can be enjoyed. A fee simple estate is unlimited as to duration, disposition and descendibility, subject to the sovereign power of eminent domain, and may be conveyed by its owner either during his life or upon his death.
Feedlot means a premises used to feed livestock in preparation for market and slaughter.
Fence means any wall (except a retaining wall or lawful sign), screen, partition or similar structure that encloses land, divides land into distinct portions, separates contiguous properties, prevents intrusion from without or straying from within, obstructs the passage of light or air into adjacent land, or obstructs the view of property.
Filing date means the date upon which any properly completed application pursuant to this chapter is submitted and the required filing fee is paid.
Filling means the depositing or dumping of any matter, except common household gardening or general yard maintenance refuse, into or onto the ground.
Financial benefit means a financial benefit which accrues to a greater extent than any benefit which could reasonably be expected to accrue from the proposed action to the general public or to the general business, occupation or profession taken as agroup.
Fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects as defined by Public Act 256 of 2011.
(1) Consumer fireworks means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1 3.1.2, 3.1.3 or 3.5. Consumer fireworks does not include low-impact fireworks.
(2) Articles pyrotechnic means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 24 CFR 172.101.
(3) Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designated to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.
(4) Special effects means a combination of chemical elements or chemical components capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment.
State Law References: Similar provisions, MCL 750.243a(1).
Flood or flooding means a rise in the water level of a water body, or the rapid accumulation of water from runoff or other sources, so that land that is normally dry is temporarily inundated by water. For the purpose of the National Flood Insurance Program, flooding is also defined to include mud slides connected with accumulation of water, and land subsidence along water bodies.
Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.
Flood insurance study means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.
Floodplain means that area of land adjoining a channel of a river, stream, watercourse, lake, or similar body of water which will be inundated by a flood which can reasonably be expected for the region.
Floodproofing means any combinations of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floor area ratio means the ratio between the total amount of floor area of all floors permitted to be constructed on a development site and the area of the site.
Foster care facility means the provision of supervision, personal care and protection, in addition to room and board, for 24 hours a day and five or more days per week for two or more consecutive weeks, with or without compensation.
Forty acres or the equivalent means either 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres.
State Law References: Similar provisions, MCL 560.102(l).
Front yard means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot (See figure 100-101 in ch. 100). The depth of the front yard shall be measured at right angles to the property line in the case of a straight property line and radial to the property line in the case of a curved property line. On a corner lot, the front yard shall be the yard fronting on a street with the largest setback.
Garage means an accessory building used for parking or storage of vehicles in connection with the permitted use of the principal building.
Garage sale means the public sale of any new or used tangible personal property which is conducted at a private residence in a residentially zoned district and which is advertised by any means, and shall include by example and not by way of limitation all sales entitled "garage sale," "yard sale," "lawn sale," "attic sale" or "rummage sale," when conducted on a private residence, and shall exclude auctions that are presided over by a licensed auctioneer.
Garbage is the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Guard is a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
General common elements means the land area other than the limited common element of the site condominium development that are held in common by all co-owners and used for parks, streets, open space, or other common activities. (See figure 100-104 in ch. 100).
General retail means stores which sell dry goods, package foods, hardware, appliances, computers, jewelry and other similar merchandise and services directly to the public.
Generally accepted agricultural and management practices means practices adopted by the Michigan Commission of Agriculture pursuant to the Michigan Right to Farm Act (MCL 286.471 et seq.).
Gift means any thing of value, money, loan of money, goods, or services given without due consideration. "Gift" does not include:
(1) Information-gathering trips paid for by a person or entity seeking approval of a proposal from a decision-making body of the city, provided that the decision-making body, prior to the trip, makes all of the following determinations: (a) the information will be useful and material; (b) the trip will improve and not unduly influence the decisional process; and (c) the decision-making body designates the official(s) who will participate.
(2) Small items of a nominal value and any reportable campaign contributions pursuant to state law.
Government building. See "public building".
Grade means a reference plane representing the average of finished ground level adjoining the building at all exterior walls.
Grading means any stripping, excavating, filling, stockpiling, or any combination of such activities, and shall include the land in its excavated or filled condition.
Gross acre means an acre of land inclusive of all amenities and features.
Gross density means a figure which equals the total number of dwelling units on a development site divided by the total number of acres included in the development site.
Gross floor area means the area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, elevator shafts, closets, thickness of walls, columns, or other features.
Ground cover means grasses or other plant growth or plant material sufficient to prevent soil erosion.
G.V.W.R. means gross vehicle weight rating, a measure of vehicle weight.
Habitable floor area means any floor area usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination of such activities. A floor area used only for storage purposes is not a habitable floor.
Hazardous material means any material, waste, or a combination of waste and material, including solid, liquid, semi-solid or contained gaseous material, which, because of its quantity, quality, concentration or other physical, chemical or general characteristics pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.
Hazardous substance/waste, as defined by Section 101(14) of the United States Comprehensive Environmental Response Compensation and Liability Act (CERCLA), means:
(1) Any substance designated pursuant to Section 311(B)(2)(A) of the federal Water Pollution Control Act;
(2) Any element, compound, mixture, solution or substance designated pursuant to Section 102 of CERCLA;
(3) Any hazardous waste having characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (not including waste regulation suspended by acts of Congress);
(4) Any toxic pollutant listed under Section 307(a) of the federal Water Pollution Control Act;
(5) Any hazardous air pollutant listed under Section 102 of the Clean Air Act; and
(6) Any hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to Section 7 of the Toxic Substance Control Act.
Height means the vertical distance measured from the average finished ground level at the front of the structure to the highest point of the structure.
Home occupation means an accessory use of a dwelling unit by the residents thereof for gainful employment on a reoccurring basis involving the manufacture, sale, or provision of goods, materials, or services.
Hotel means a building containing six or more individual guest rooms or suites, intended to be rented or hired out for sleeping purposes by transient guests.
Household pet means a animal that is customarily kept for personal use or enjoyment and is not restricted by other local, state, or federal regulations. Household pets shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, and rodents.
Housekeeping unit is a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toiler; lavatory and bathtub or shower.
Immediate family means a spouse, child, parent, sister or brother, and parent-in-law, sister-in-law or brother-in-law wherever residing, or any relative sharing the same household. All relationships shall include individuals in a step or adoptive relationship.
Imminent danger means, a condition which could cause serious or life-threatening injury or death at any time.
Improvements means those features and actions associated with a project that are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project that is the subject of zoning approval.
Incite a riot means but is not limited to urging or instigating other persons to riot; but the term shall not be deemed to mean the mere oral or written advocacy of ideas or expression of belief not involving advocacy of any act of violence or assertion of the rightness of or the right to commit any such act.
Industrial park means the development of a parcel in a unified manner in which multiple lots or similar building sites are created to accommodate separate industrial facilities, all of which are accessed by a road or drive constructed as an integral part of the development, and which include open spaces and landscape features to enhance the visual setting of the development.
Industrial use means a structure, building, or parcel of land, or portion thereof, utilized or inherently designed to be utilized for the purpose of production, manufacturing, processing, cleaning, testing, rebuilding, assembly, distribution, finishing, construction or printing of goods or products and related research and development facilities.
Infestation is the presence, within or contiguous to, a styructure or premises of insects, rats, vermin or other pests.
Inoperable motor vehicle means a motor vehicle, as defined in the Michigan Vehicle Code, (MCL 257.1 et seq.) which by reason of dismantling, disrepair, accident, or other cause is incapable of being propelled under its own power, or is in such an unsafe condition as to endanger a person in violation of Section 683 of the Michigan Vehicle Code (MCL 257.683), and which condition exists and continues for a period of seven days or which has no current State of Michigan license or registration properly attached in the manner required by law.
Intensity of land use means the amount of activity associated with a specific land use based upon the following criteria:
(1) Amount of vehicular traffic generated (including parking);
(2) Amount of pedestrian traffic generated;
(3) Noise, odor and air pollution generated;
(4) Potential for litter;
(5) Type and quantity of materials stored in connection with the operation;
(6) Total residential units and density, where applicable; and
(7) Total coverage and height of structures on the parcel.
Junk means dry solid waste material resulting from housekeeping, construction, mercantile and manufacturing enterprises and other solid waste producing enterprise, including scrap metals, wood, rubber, paper, plastics, cloth, abandoned, wrecked, unlicensed or inoperable motor vehicles, rags, bottles, tin cans, and comparable items. Junk shall include unlicensed and inoperable travel trailers and campers, as well as include unused furniture and appliances.
Junk automobiles means, without limitation, any motor vehicle which is not licensed for use upon the highways of the State of Michigan for a period in excess of 20 days, and shall also include, whether licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of ten days, provided that there is excepted from this definition unlicensed, but operative, vehicles which are kept as the stock in trade of a regularly licensed and established new or used automobile dealer.
Junk yard means any land, enclosure, or building with a minimum of 200 square feet in area used for the abandonment, disposal, storage, keeping, collecting, processing, or baling of paper, rags, scrap metals, wood, rubber, plastics, other scrap or discarded materials, or for abandonment, demolition, dismantling, storage or salvaging of automobiles, trailers, other vehicles, machinery, or parts thereof.
Kennel means any lot or premises used for the commercial sale, boarding, or treatment of dogs, cats or other domestic animals and which has a license from the Ingham County Animal Control Office.
Landscaping means an arrangement of elements which may include plant materials such as trees, shrubs, ground covers, perennial and annual plants; landscape materials such as rocks, water features, fences, screens, walls, pedestrian walks, paving products, and site lighting; and site furnishings and ornamental objects such as statuary, sculpture, benches, drinking fountains, trash receptacles, and planters for aesthetic and functional purposes.
Let for occupancy or let is to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land.
Limited common elements means a portion of the general common element reserved in the master deed for the exclusive use of less than all of the co-owners. (See figure 100-104 in ch. 100).
Livestock feeding operation means a premises used to feed livestock in preparation for market.
Livestock production facility means a facility where farm animals as defined in the Michigan Right to Farm Act, Public Act No. 93 of 1981; MCL 286.471, are confined with the capacity of 50 animal units or greater and the associated manure storage facilities.
Loading space means 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.
Lot. See "development site".
Lot area means the area of land within the boundary of a lot excluding any part within a regulated waterway.
Lot coverage means the part of a lot, expressed as a percentage, occupied by buildings or structures, including accessory buildings or structures, but excluding drives and uncovered surface parking areas.
Lot depth shall be measured on a straight line which connects the mid-point of the front lot line with the lot line mid-point which is located farthest from the mid-point of the front lot line. (See figure 100-102 in chapter 100).
Lot frontage shall be measured along the front property line from the intersection point with one side lot line to the intersection point with the opposite side lot line (see figure 100-102 in chapter 100). If the front property line is a curved line the frontage shall be thelineal distance along this curved line.
Lot of record means a lot which is part of a subdivision and is shown on a map thereof which has been recorded in the office of the county register of deeds.
Lot width. Lot width shall be measured as follows. (See figure 100-102 in ch. 100):
(1) Lot width with parallel side lot lines. Lot width shall be measured on a straight line which is perpendicular to the side lot lines.
(2) Lot width with non-parallel side lot line. The width shall be measured on a straight line, which shall be a measuring line, which is parallel to a straight line which connects the side lot lines where they intersect the front property line. The measuring line shall be located the distance of the minimum front yard setback from the front property line. The lot width shall be measured on a straight line between the intersection points of the measuring line with the side lot lines. If the measuring line is located behind the rear line of the required front yard, the measuring line shall be the front building line.
Marquee sign means a sign which identifies the business and/or owner and which is attached to a legally established marquee, canopy or awning projecting from and supported by the building. If suspended, it shall not exceed a depth of 12 inches nor be less than eight feet above sidewalk level.
Master deed means the recorded document establishing a condominium project, as required by the Condominium Act (MCL 559.10 et seq.).
Medical clinic means a building where human patients, who are not lodged overnight, are admitted for examination and treatment by physicians, dentists, or other health care professionals.
Mini-warehouse means a building or portion thereof designed or used exclusively for storing personal property of an individual or family when such is not located on the lot with their residence.
Mobile home means a structure transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. A mobile home does not include a motor home.
Mobile home park means any lot, parcel or tract of land under the control or management of any person upon which is located or which is designed for occupancy by three or more mobile homes on a continual non-recreational basis and including any accessory buildings, structures or enclosures comprising facilities used by the park residents. Such parks shall comply with the provisions of this chapter and Public Act No. 496 of 1987 (MCL 125.2301 et seq.).
Modular housing unit means an assembly of materials or products intended to comprise all or part of a residential building or structure, that is assembled at other than the final location of the unit of the building or structure by a repetitive process under circumstances intended to insure uniformity of quality and material content. The roof pitch ratio shall be a minimum of four foot vertical rise to 12 foot horizontal run.
Month means a calendar month.
Motel. See "hotel".
Motor home means a motorized vehicle designed to be utilized as a temporary living quarter for recreation, camping or travel purposes having self-contained kitchen or bathroom facilities or both.
Mounted wireless communication facility means any antenna, base mount, and associated transmission cables which are permanently affixed to the roof, wall, or structural support of any principal building or other structure on a site.
Multiple-family dwelling means a building containing three or more dwelling units which complies with the building code and this chapter.
Multiple-family housing. See "multiple-family dwelling".
Municipal civil infraction action means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
Municipal civil infraction citation means a written complaint or notice prepared by an authorized city official, directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.
Municipal civil infraction violation notice means a written notice prepared by an authorized city official, directing a person to appear at the city Municipal Ordinance Violations Bureau and to pay the fine and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the city, as authorized under sections 8396 and 8707(6) of the 1961 PA 236 [MCL 600.8396, 600.8707(6)].
Net acre means an acre of land remaining after excluding land used as a public or private street, or land classified as a wetland, regulated water body, or floodway.
Net density means a figure which equals the total number of dwelling units on a development site divided by the total number of net acres included in the development site.
Nonconforming lot means a lot lawfully existing on June 10, 2001 that does not conform to the dimensional requirements of chapter 94 of this code, including lot area or lot width. Refer to section 94-322 of this code.
Nonconforming sign means a sign lawfully existing on October 15, 2007 that does not conform to the provision of chapter 58. Refer to section 58-131 of this code.
Nonconforming use means a use of land lawfully existing on June 10, 2001 that does not conform to the provisions of chapter 94 of this code. Refer to section 94-323 of this code.
Noxious weeds means Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), quackgrass (Syropyron repens), crab-grass (Digitaria sanguinalis), poison ivy (Rhus toxicodendron), poison sumac (Rhus vernix), or other plant or grass which, in fact constitutes a nuisance or a fire hazard.
Nuisance means an activity consisting of an unreasonable, unwarranted, or unlawful use of property by a person that causes injury or damage to or obstructs the right of another or the public in general.
Nursing home. See "convalescent home".
Occupancy means, the purpose for which a building or portion thereof is utilized or occupied.
Occupancy permit means a document issued by the building official certifying that all facets of a development have complied with this chapter and the building code and that the land, building, or structures may lawfully be occupied for the purpose designated.
Occupant is any individual living or sleeping in a building, or having possession of a space within a building.
Off-premises sign means a sign not exceeding 300 square feet in area and which contains a message unrelated to a business or profession conducted or to a commodity, activity, service or entertainment carried on, sold or offered upon the premises where such sign is located.
Official duties or official actions are decisions, recommendations, approvals, disapprovals or other actions which involve the use of discretionary authority or the performance of ministerial duties required by law.
Official zoning map means the city map that is an integral part of this chapter illustrating the location of the various zoning use districts described in this chapter.
On-premises sign means a sign not exceeding 80 square feet in surface area, relating in its subject matter to the premises on which it is located, or its products, accommodations, services or activities on the premises.
Open space means the ground area and space above a lot which is open, unoccupied, and unobstructed by any structure or any part thereof.
Open-space ratio means the ratio between open space on a development site and the total site area.
Open stand means a public place alongside the curb of a street or elsewhere in the city which has been designated by the police chief as reserved exclusively for the use of taxicabs.
Openable area is that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator is any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Outlot, when included within the boundary of a recorded plat, means a lot set aside for purposes other than a building site, park, or other land dedicated to public use or reserved for private use.
State Law References: Similar provisions, MCL 560.102(n).
Owner as applied to property, is any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian or conservator of the estate of any such person, and the personal representative of the estate of such person and includes any part owner, joint owner, tenant in common, tenant in partner ship, joint tenant or tenant by the entirety of the whole or part of such property. With respect to special assessments, however, the owner shall be considered to be the person appearing on the assessment roll for the purpose of giving notice and billing.
Parade means any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the city.
Parcel means a continuous area or acreage of land which can be described as provided for in the Michigan Land Division Act, 1967 PA 288, MCL 560.102, et seq. and article 3 of chapter 74 of this code.
Park means a parcel of land, building, or structures used for active or passive recreational purposes including playgrounds, sport fields, game courts, trails, picnicking areas and leisure time activities.
Park trees means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
Parking lot means an off-street, surface facility providing vehicular parking spaces for six or more vehicles along with adequate drives and aisles for maneuvering so as to provide for entrance and exit access.
Parking space means a clearly delineated land area exclusive of driveways and aisles, so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. A parking space may be located in a parking lot or a parking structure.
Peddler means any person, whether a resident of the city or not, or any firm, partnership, corporation, whether organized for profit or not, or other business entity, who travels by foot, wagon, cart, motor vehicle, or other conveyance, from place to place, and sells or offers for sale goods or services from a motor vehicle, wagon, trailer, railroad car, or other vehicle or conveyance, or from a cart, stand, booth, display case, or other temporary portable structure or fixture. The word "peddler" shall include "hawker" and "huckster" and shall include route salespersons selling randomly to customers along a fixed route, but not route salespersons supplying only prior customer orders.
Performance guarantee means a bond posted by a contractor or subcontractor that contains the financial guarantee of a surety that a specific project will be completed within the time and to the standards or specifications that have been agreed upon.
Performance standard means the general criteria to ensure that a particular structure, land use, or development will be able to meet certain minimum standards or will not exceed set limits for impact on the surrounding property or the surrounding areas.
Person means any individual, partnership, corporation, association, club, joint venture, estate, trust, limited liability company, governmental unit, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
Personal property means any property other than real property.
Personal services means uses which include accountants, dentists, physicians, barbers, beauticians, attorneys and similar services.
Plat means a map or charge of a subdivision of land.
(1) Preliminary plat means a map showing the salient features of a proposed subdivision submitted to an approving agency for the purpose of preliminary consideration.
(2) Final plat means a map of all or part of a subdivision prepared and certified as to its accuracy by a registered professional civil engineer or registered land surveyor. The final plat map shall meet the requirements of the Land Division Act (MCL 560.101 et seq.) and be acceptable for recording in accordance with that or succeeding acts.
(3) Replat means the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat. The legal dividing of an outlot within a recorded subdivision plat without changing the exterior boundaries of the outlot is not a replat.
Pollution incident prevention plan (PIPP) means a written procedure provided by an owner or his agent which will be followed to prevent a potentially polluting incident from resulting in soil or groundwater contamination.
Portable sign means a sign which by its description or nature may be or is intended to be moved from one location to another.
Preexisting towers and preexisting antennas mean any tower or antenna for which a building permit or special use permit has been properly issued prior to June 10, 2001.
Pre-manufactured housing unit. See "modular housing unit".
Premises is any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent public and private sidewalks and parking strips.
Prime agricultural land means land most efficiently suited to the production of forage, fiber, feed crops, and field crops. This land, due to inherent natural characteristics such as level topography, good drainage, adequate moisture supply, favorable soil depth and favorable soil texture, consistently produces the most feed, food and fiber with the least fertilizer, labor and energy requirements.
Principal structure means the main structure to which the premises is devoted.
Principal use means the main use to which a premises is devoted and the principal purpose for which the premises serves or is intended to serve.
Private street means a privately owned and maintained street or road constructed to municipal standards.
Prohibited use means a use which is not permitted within a particular zoning district.
Proof of equitable title means a recorded land contract agreement or recorded deed conveying to the purchaser interest in real estate and/or any assignments of the purchaser's interest therein.
Property. The term "property" means real and personal property.
Proprietor means a person, who may hold any ownership interest in land whether recorded or not.
Public assembly building means a structure, building or space, or a portion thereof used by the general public to view, hear or otherwise interact for the purposes of civic, social or religious functions, recreation, food or drink consumption or awaiting transportation.
Public building means buildings which house public safety and municipal services but do not serve as a residential facility.
Public event facility means a privately or publicly owned or operated facility that is used periodically for the holding of indoor or outdoor special events in which the public may participate or otherwise observe.
Public open space means land dedicated or reserved for public use. It includes parks, parkways, recreation areas, school sites, community or public building sites, and other public spaces.
Public place means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business, and also public grounds, areas or parks.
Public utility means any person or municipal authority providing such public utilities as gas, electricity, water, steam, telephone, sewer, transportation, and other services of a similar nature.
State Law References: Similar provisions, MCL 560.102(s).
Public way means any surface thoroughfare designed, constructed and maintained for passage to or from a place or between two points open as of right to the public and intended for travel by vehicle, on foot or in a manner limited by statute.
Racetrack means a facility licensed and operating under a track license issued pursuant to the Michigan Horse Racing Law of 1995, MCL 430.301 et seq.
Racing theatre means an enclosed facility licensed by the State of Michigan where patrons may view off-track telecasting of horse races and engage in off-track wagering on results of the telecast horse races.
Rear lot line is generally considered to be the line that is opposite from the front lot line and also farthest in distance from the front lot line.
Rear yard means an open, unoccupied space extending the full width of the lot between the rear line of the lot and the rear line of the principal building on the lot. (See figure 100-101 in ch. 100). The depth of the rear yard shall be measured at right angles to the rear property line.
Refuse means the following:
(1) All kitchen waste, including cans, bottles, household food, accumulations of animal food and vegetable matter attendant to the preparation, use, cooking and serving of food.
(2) General household trash and refuse, including ashes, empty cartons, crates, boxes, wrapping materials, newspapers and magazines, when neatly bound in conveniently sized bundles, cloth material, discarded toys, discarded clothing and similar materials.
Refuse storage space means any exterior space designated by a site plan for containers, structures, or other receptacles intended for temporary storage of solid waste refuse or trash materials.
Rehabilitation means the upgrading of an existing building or part thereof, which is in a dilapidated or substandard condition.
Religious institution means churches, synagogues, mosques, church schools, church residences, and church owned land used for related church functions as defined by the U.S. Tax Code.
Resident means one who has resided on a permanent basis in the city in excess of 60 days.
Residential care facility means a government or non-government establishment having as its principal function foster care for more than six persons. Residential care facility includes homeless persons, parolees, ex-offenders, aged, emotionally disturbed, developmentally disabled or physically handicapped persons who require supervision on an on-going basis but do not require continuous nursing care. A residential care facility does not include a nursing home, hospital, or facility for the developmentally disabled licensed by the state.
Resolution. The term "resolution" means a resolution adopted by the city council.
Restaurant means an establishment where food and/or beverages are cooked or prepared and offered for sale and consumed on the premises whether or not entertainment is offered, and includes establishments commonly known as bars, grills, cafes, taverns and nightclubs permitting consumption of food on the premises.
Restoration means the reconstruction or replication of an existing building's original architectural features.
Right-of-way means land reserved, used or to be used for a street, alley, walkway or other public purpose.
Riot means a public disturbance involving:
(1) An act of violence by one or more persons part of an assemblage of three or more persons, which act shall constitute a clear and present danger of or shall result in damage or injury to the property of any other person or to the person of any other individual; or
(2) A threat or the commission of an act of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat, where the performance of the threatened act of violence would constitute a clear and present danger of or would result in damage or injury to the property of any other person or to the person of any other individual.
Roadside stand means a structure for the display and sale of agricultural/garden products, with no space for customers within the structure itself.
Room means an area of a dwelling unit used for living purposes, not including bathrooms, closets, kitchens, basements, cellars, or attics.
Rooming house means an owner occupied single-family dwelling, or a dwelling unit occupied by the owner in a two-family dwelling, occupied in such a manner that a room or certain rooms, in excess of those used and occupied as a home by the owner, are leased or rented as a rooming unit. In the case of single and two-family dwellings the number of such bedrooms leased or rented to roomers shall not exceed three, unless such dwellings are made to comply in all respects with the provisions of this code relating to multiple family dwellings.
Rooming unit means a single room within a rooming house that is leased or rented to adult persons not related to the owner by blood, marriage, or adoption without any attempt to provide cooking or kitchen accommodations within the rooming unit.
Rubbish means waste from construction or remodeling, concrete, rocks, sod, earth, automobile or truck parts, tires, manufacturing or trade waste accumulated by residential, commercial, individual or institutional uses and includes all other waste products not defined in this section.
Salvage yard. See "junk yard".
Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. The antenna is intended to receive signals from orbiting satellites and other sources.
Screen means a fence, landscaping, berm, or combination thereof that obscures the view from one site to another.
Secondhand store means a building or portion thereof in which previously owned goods are sold.
Setback means the minimum horizontal distance between a road right-of-way line, an easement line, or an adjacent property line and a building or structure. In a condominium development, the minimum horizontal distance between a boundary line of the condominium lot and a building or structure.
Setback line. See "building line".
Short-term rental consists of a legal dwelling rented for a period of less than 30 days and is nonowner occupied.
Side yard means an open, unoccupied space on the same lot with the principal building, between the side line of the principal building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. (See figure 100-101 in ch. 100). The width of the side yard shall be measured at right angles to the side property line.
Sidewalk means that portion of the street between the curb, or the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.
Sign means a name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business and which is visible from any public street, right-of-way, sidewalk, alley, park or other public property.
Sign area means the area of the smallest square, rectangle or circle which encompasses the face of a sign, including the copy, insignia, background and borders. The structural supports of a sign are to be excluded in determining the surface area except where such supports are designed to form an integral part of the display. Where a sign has more than one face, the area shall be computed by encompassing the maximum single surface which is visible from any ground position.
Sign, banner means a sign made of fabric or any non-rigid material and generally with no enclosing framework, mounted at one or more edges to a pole, building, fence, wall or other structure.
Sign, exempted means a sign which is not required to obtain a sign permit, but must comply with all other provisions of chapter 58 of this code.
Sign, freestanding means any sign supported by uprights, braces, or a base placed and anchored into the ground and not attached to any building or other structure.
Sign, marquee means a sign which identifies the business and/or owner and which is attached to the fascia or underside of a legally established marquee, canopy or awning projecting from and supported by the building.
Sign, off-premise means a sign which contains a message unrelated to a business or profession conducted or to a commodity, activity, service or entertainment carried on, sold or offered upon the premises where such sign is located.
Sign, on-premise means a sign, relating in its subject matter to the premises on which it is located, or its products, accommodations, services or activities on the premises.
Sign, portable means a temporary sign which by its description or nature may be or is intended to be moved from one location to another.
Sign, projecting means a sign affixed at an angle or perpendicularly to a wall surface of any building or hung or suspended in such a manner as to be read from an angle or parallel to the wall surface on which it is mounted.
Sign, reader board means a portion of a sign on which copy is changed periodically either manually or electronically.
Sign, real estate means a temporary sign pertaining to the sale, rent, or lease of the premises, or portion of the premises, on which the sign is located.
Sign, roof means a sign which is located above, or projects above, the lowest point of the eaves, the roof line on a gable end wall, or parapet wall of any building, marquee, canopy or portico, or which is painted on or fastened to a roof, or onto any architectural feature intended to look like a roof.
Sign, suspended means a sign suspended from the underside of a horizontal plane surface and supported by such surface, usually a canopy, awning, portico, or marquee.
Sign, temporary means a display, information sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material with or without a structural frame and intended for a limited period of display; such signs may be supported by a mobile chassis other than a motor vehicle.
Sign, wall means any sign attached directly to a wall, or painted lettering on a wall or canopy parallel to a wall with the exposed face of the sign in a plane parallel to the wall and projecting not more than 18 inches from the wall surface to which it is affixed.
Sign, window means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Merchandise that is included in a window display shall not be considered as part of the area of a window sign. Flyers advertising charitable events or other similar announcements shall not constitute a window sign.
Significant vegetation means vegetation with a caliper of six inches or greater. (See "caliper").
Single-family dwelling means a detached building including a mobile home, containing one dwelling unit which complies with the building code and this chapter.
Site condominium means a development under the Michigan Condominium Act (MCL 559.10 et seq.) for uses permitted in the zoning district in which it is located, in which each co-owner owns in common with the other owners a specific amount of land space for common use, and in which each co-owner owns exclusive rights to an area of land space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed.
Site condominium subdivision project. See "condominium project".
Site plan means and includes those documents and drawings required by article 7 of chapter 94 of the Mason City Code to ensure that a proposed land use or activity is in compliance with the Code of Ordinances of the City of Mason and state and federal statutes.
Skateboard means a device consisting of a short oblong board with wheels at each end intended to be ridden on a hard surface such as a floor or sidewalk.
Solicitor means any person, or any firm, partnership, profit or nonprofit corporation, or other business entity who travels by foot, motor vehicle, or other conveyance from place to place seeking to obtain orders for the purchase of goods, services or subscriptions for future delivery or performance, or who, without traveling from place to place, solicits from a motor vehicle or other conveyance or from a stand, cart, booth, or other temporary or portable structure or fixture, but not wholesalers or jobbers supplying only retail establishments.
Solid waste includes garbage, rubbish, paper, cardboard, metal, yard clippings, wood, glass, bedding, crockery, demolished building materials, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludge, solid commercial and solid industrial waste, animal waste, but does not include human body waste, organic waste generated in the production of livestock and poultry, liquid or other waste regulated by statute, ferrous products, and slag or slag products.
Special use means a use that, owing to some special characteristics attendant to the operation of said use, such as potential danger, noise, smoke or traffic, is only permitted in a district subject to review and approval by the planning commission, and subject to special or conditional requirements in addition to the general requirements for the district in which the special use may be located.
Special use permit means a permit issued by the planning commission authorizing the operation of a special use as allowed under the regulations for special uses authorized by permit in the zoning district.
Stable means a building or facility with a capacity for housing more than four horses.
Stable, riding means a stable which provides recreational or instructional horseback riding or other equestrian skills to the public, including a riding academy.
State. The term "state" means the State of Michigan.
State-licensed residential facility means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Licensing Act, 1979 PA 218 (MCL 400.7012 to 400.7137) or under 1973 PA 116 (MCL 722.111 to 722.128) and which provides residential services for six or fewer persons under 24-hour supervision or care.
Story means that portion of a building included between the surface of any floor and the surface of the adjacent floor above, or if there is no floor above, then the space between the floor and the ceiling above.
Street means a right-of-way dedicated to public use which provides vehicular access to adjacent properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane, or however otherwise designated, comprising all the land between right-of-way lines, whether improved or unimproved, and may include pavement, curbs, gutters, shoulders, sidewalks, parking areas, lawn areas, and other areas within the right-of-way lines.
(1) Minor street means a street supplementary to a secondary street or collector street intended to serve the local needs of the neighborhood and of limited continuity used primarily as access to abutting residential properties.
(2) Cul-de-sac means a minor street of short length having one end open to traffic and being permanently terminated at the other end by a vehicular turnaround.
(3) Secondary or collector street means a street intended to serve as a major means of access from minor streets to major thoroughfares with considerable continuity within the framework of the master street plan.
(4) Major thoroughfare means an arterial street of great continuity which is intended to serve as a large-volume trafficway for both the immediate municipal area and the region beyond, and be designated as a major thoroughfare on the master street plan.
(5) Half street means a street having lesser than the required right-of-way width for a street of full width as required by this article.
(6) Marginal-access street means a minor street parallel and adjacent to a major thoroughfare and which provides access to abutting properties and protection from through traffic.
Street clock/temperature sign means a sign which displays the current time or outdoor temperature or both and which is not larger than 16 square feet in surface area and projects no more than eight feet from the face of the building and is no less than eight feet above sidewalk level.
Street trees means trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city.
Structure means anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground. A structure does not include a surface parking area, driveway, steps, patio or deck constructed at grade.
Subdivide or subdivision means the partitioning or splitting of a parcel or tract of land by the proprietor of the tract or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements by Section 108 and 109 of the Land Division Act (MCL 560.108, 560.109). "Subdivide" or "subdivision" does not include a property transfer between two or more adjacent parcels if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the Land Division Act (MCL 560.101 et seq.) or the requirements of ordinance.
Subdivider means an individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under chapter 74, article II of this Code, to effect a subdivision of land for himself or for another.
Swimming pool means a structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches intended for swimming or bathing. A swimming pool shall be considered as an accessory structure.
Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than ten passengers and not operated on a fixed route.
Taximeter means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.
Tenant is a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
Thread of a stream means the average centerline of the channel of a stream with the main current flow.
Topographical map means a map showing existing characteristics with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
State Law References: Similar provisions, MCL 560.102(dd).
Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
Tract means two or more parcels that share a common property line and are under the same ownership.
State Law References: Similar provisions, MCL 560.102(h).
Transient merchant means any natural person, or any firm, partnership, profit or nonprofit corporation, or any other business entity engaged in the retail sale or delivery of goods or services from any lot, premises, building, room or structure on a temporary basis where such person does not have a permanent business location within the city which is subject to the city's real or personal property taxes for the current year.
Trash and rubbish means any and all forms of debris not herein otherwise classified.
Trash storage space. See "refuse storage space".
Travel trailer. See "camper".
Two-family dwelling means a building containing two dwelling units which complies with the building code and this chapter.
Usable floor area (UFA) means the area used for or intended to be used for the display or sale of merchandise or services, or for use to serve patrons, clients, customers, or occupants. Such floor area which is used or intended to be used for hallways, stairways, elevator shafts, closets, columns, thickness of walls, utility or sanitary facilities shall be excluded from the computation of usable floor area. For office, merchandising, or service uses, those areas used for storage or processing merchandise or where customers, patients, clients and the general public are denied access shall be excluded from the computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of each story of a structure measured from the internal faces of the exterior walls.
Usable path for bicycles means a bicycle way designated for the exclusive use of cyclists.
Variance means a modification of the area or dimensional regulations of chapter 94 granted in specific cases in accordance with article XI of chapter 94.
Ventilation is the natural or mechanical process of supplying conditions or unconditioned air to, or removing such air from, any space.
Warehouse means a building or portion thereof, other than a mini-warehouse, used for storage of goods, merchandise or other property. This shall not include a storage area in connection with a purely retail business when located on the same property.
Watercourse means any natural or artificial stream, ditch, river, creek, channel, canal, conduit, culvert, drain, waterway, gully or ravine in which water flows in a definite direction, either continuously or intermittently, and which has a definite bed channel or banks.
Week means seven consecutive days.
Wetland means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, aquatic life or a prevalence of vegetation typically adapted for life in saturated soil conditions.
Workmanlike means, executed in a skilled manner; e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
Yard is an open space on the same lot with a structure.
Year means 12 consecutive months.
Zoning means the dividing of the city into use districts of a number, type and shape considered best suited to the city.
Zoning act means 2006 PA 110, as amended, being the Michigan Zoning Enabling Act (MCL 125.3101, et seq.)
(Ord. No. 72, § 1, 6-5-1967; Ord. No. 73, § 5, 3-4-1968; Ord. No. 80, § 3, 7-6-1970; Ord. No. 87, §2, 3-4-1974; Ord. No. 88, § 2, 3-18-1974; Ord. No. 97, § 1, 2-7-1977; Ord. No. 100, § 1, 10-3-1977; Ord. No. 101, § 9, 11-21-1977; Ord. No. 103, § 1, 6-19-1978; Ord. No. 72-A-82, § 1, 4-9-1982; Ord. No. 123, § 1, 12-17-1990; Ord. No. 51-A-96, § 2, 2-5-1996; Ord. No. 135, § 2(2.3), 5-21-2001; Ord. No. 145, 9-7-2004; Ord. No. 147, 6-6-2005; Ord. No. 148, 3-20-2006; Ord. No. 152, 5-1-2006 ; Ord. No. 156, 9-5-2006; Ord. No. 157, 11-6-2006; Ord. No. 158, 2-5-2007; Ord. No. 154, 5-7-2007; Ord. No. 159, 9-17-2007; Ord. No. 190, 7-2-2012; Ord. No. 227, 10-7-2019; Ord. No. 230, 9-28-2020)
State Law References: Definitions and rules of construction applicable to state statutes, MCL 8.3 et seq.