For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OF BUILDING. A use or building on the same lot with, and of a nature customarily incident and subordinate, to those of the main use of building.
ALLEY. Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS. Any change, addition or modification in construction or type of occupancy; any changes in the structural members of a building, such as wall or partitions, columns, beams or girders; the consummated act of which may be referred to herein as “altered” or “reconstructed”.
APARTMENTS. The dwelling units in a multiple-family dwelling, as defined herein.
AUTOMOBILE MAINTENANCE FACILITY. A use that provides the basic vehicle maintenance services for passenger vehicles, sport utility vehicles and light pick-up trucks. Such activities shall include providing tires (but not recapping), batteries, mufflers, undercoating, auto glass, reuphoistering, wheel balancing, shock absorbers, wheel alignments and minor motor tune-ups only such as oil changes. Included is vehicle washing activities that are incidental to the maintenance service but not so called high speed automotive washing. The sale of gasoline and other fuels, collision service and engine rebuilds is not included in this use.
AUTO REPAIR STATION. A place where, along with the sale of engine fuels, the following automobile services may be carried out:
(1) General repair;
(2) Engine rebuilding, rebuilding or reconditioning of motor vehicles;
(3) Collision service, such as body, frame or fender straightening and repair;
(4) Overall painting: and
(5) Undercoating.
AUTO SERVICE STATION. A building or premises or portions thereof arranged or designed to be used for the retail sale of oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles and which may include facilities for changing of tires, tube repairing, polishing, greasing, washing or servicing such motor vehicles but excluding so-called high speed automotive washing, steam-cleaning, body repairing, bumping or painting.
BASEMENT. The portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
BED AND BREAKFAST. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit in which transient guests are provided a sleeping room and breakfast in return for payment.
BOARDING, ROOMING OR LODGING HOUSE. A building containing a single dwelling unit and guest rooms, providing lodging, with or without meals, for compensation on a weekly, daily or monthly basis.
BUILDING.
(1) Includes the word “structure”.
(2) Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattel or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for such purposes.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground-level of the grade at the building wall.
BUILDING LINE. A line formed by the face of the building and, for the purposes of this chapter, a BUILDING LINE is the same as a front setback line.
CANOPY. A permanent unenclosed roof structure erected for the purpose of sheltering motor vehicle fuel pumps and dispenser islands from the weather.
CARRY-OUT RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation includes all of the following characteristics:
(1) Foods, desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers;
(2) The consumption of foods, desserts or beverages within the restaurant building or within a motor vehicle parked upon the premises is prohibited. Food is intended primarily to be consumed off the premises; and
(3) Customers may order food from a walk-up window or from inside the establishment. No drive-through windows for vehicle customers are permitted.
CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
COURT. An open, unoccupied space, other than a yard, and bounded on at least two sides by a building. A court extending to the front yard or front lot line or to the rear lot line is an OUTER COURT. Any other court is an INNER COURT.
DISTRICT. A portion of the incorporated area of the city within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, regardless of whether self-service is involved, rather than within a building or structure.
DRIVE-IN RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation, includes one or both of the following characteristics:
(1) Foods, desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means that eliminate the need for the customer to exit the motor vehicle; and
(2) Foods, desserts or beverages may be consumed within a motor vehicle parked upon the premises or at tables on the premises but outside the restaurant building.
DWELLING. Includes the word “residence”.
DWELLING, ONE-FAMILY. A building designated exclusively for, and occupied exclusively by, one family.
DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living independently of each other.
DWELLING, MULTIPLE-FAMILY. A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
DWELLING UNIT. A building or portion thereof, designated for occupancy by one family for residential purposes and having cooking facilities.
ERECTED. Includes built, constructed, altered, reconstructed, moved upon or any physical operation on the premises which are required for the construction. Excavation, fill, drainage and the like, shall be considered a part of erection.
ESSENTIAL SERVICES. The erection, construction, alternation or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, drains, sewers, pipes, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
EXCEPTION. An exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of this chapter covering conditions, precedent or subsequent are not precise enough to all applications without interpretation and such review is required by the chapter.
FAMILY. One or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole part of a dwelling comprising a single housekeeping unit. Every additional group of two or more persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.
FARM. All of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees, provided, however, that land to be considered a farm hereunder shall include a continuous parcel of five acres or more in area; provided further, FARMS may be considered as including establishments operated as bona fide greenhouses, nurseries orchards, chicken hatcheries, poultry farms and apiaries, but establishments keeping or operating fur-bearing animals, riding or boarding stables, commercial dog kennels, stone quarries or gravel or sand pits shall not be considered FARMS hereunder unless combined with bona fide operations on the same continuous tract of land of not less than 20 acres. No FARMS shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.
FAST-FOOD RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state for consumption within the restaurant building or for carry-out with consumption off the premises (including service through a drive-through window) and whose design or principal method of operation includes both of the following characteristics:
(1) Foods, desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers; and
(2) The consumption of foods, desserts or beverages within a motor vehicle parked upon the premises is posted as being prohibited.
FILLING. The depositing or dumping of any matter onto or into the ground, except common household gardening and ground care.
FLOOR AREA. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the interior faces of the exterior walls. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
FRONT LOT LINE. The line separating said lot from the street. In the case of a corner lot or double frontage lot, is that line separating said lot from that street which is designated as the front street in the plat and in the application for a certificate of occupancy.
FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of the building. The BUILDING GRADE shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the GRADE shall be the average elevation of the ground for each face of the building.
GREENBELT. A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
GROSS FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements.
GUEST ROOM. A sleeping room offered for compensation for permanent or transient occupancy containing no less than 100 square feet, measured from the interior faces of the walls of such room.
HOTEL. A building, or part thereof, occupied as the more or less temporary abiding place of persons, in which rooms are occupied for hire and in which rooms no provisions are made for cooking, except that of a general kitchen and public dining room for the accommodation of its occupants.
JUNK YARDS. An open area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL. Any lot or premises on which three or more dogs are either permanently or temporarily boarded.
LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT.
(1) A parcel of land occupied, or to be occupied by a main building or a group of such buildings and accessory buildings or utilized for the principal use and uses accessory thereto together with such open spaces as are required under the provisions of this chapter. A LOT may or may not be specifically designated as such on public records.
(2) LOT includes the words “plot” or “parcel”.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds at the time of adoption of this chapter or in common use by city or county officials and which actually exists as so shown or any part of such parcel held in a record ownership separate from that of the remainder thereof.
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a CORNER LOT for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve at the two points where the lot lines meet the curve or the straight street line extended from an interior angle of less than 135 degrees.
LOT COVERAGE. The percent of the total lot area occupied by buildings, including accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT, DOUBLE FRONTAGE. Any interior lot having frontage on two more or less parallel streets, as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered FRONTAGE and front yards shall be provided as required.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINES. The lines bounding a lot as defined herein.
LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the building line or setback intersects the side lot lines.
MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
MAIN USE. The principal use to which the premises are devoted and the principal purpose for which the premises exist.
MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume trafficway for both the immediate city area and the region beyond and designated as a major thoroughfare or collector on the major thoroughfare plan.
MASTER PLAN. The comprehensive plan, including graphic and written proposals indicating the general location for streets, parks, schools, public hearings and all physical development of the city, and includes any unit or part of such plan and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or Council.
MAY. The act referred to is permissive.
MEDICAL MARIJUANA HOME OCCUPATION. The cultivation and/or transfer of medical marijuana by a registered primary caregiver as defined in Sec. 3 of the Act, M.C.L.A. § 333.26423(g), in compliance with the General Rules of the Michigan Department of Community Health, the Michigan Medical Marijuana Act, Initiated Law 1 of 2008, M.C.L.A. § 333.26423(e), within a single- family dwelling that is the registered primary caregiver’s owner occupied and which cultivation is in conformity with the restrictions and regulations contained in the Act and in the State Regulations developed by the Michigan Department of Community Health (MCDH). Registered primary caregivers may only grow and/or transfer medical marijuana in One Family Residential Districts R-1A and R-1B as permitted by and subject to the terms of this chapter.
MEZZANINE. An intermediate floor in any story occupying not to exceed one-third of the floor area of such story.
MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and catering primarily to the public traveling by motor vehicles.
MOTOR VEHICLE REPAIR FACILITY. A place where the following services on cars and light trucks may be done inside an enclosed building: general repairs, engine rebuilding or reconditioning of cars and light trucks. The sale of motor fuels of all types, collision services, frame straightening and repair, overall painting and undercoating is not included in this use.
MUNICIPALITY. The City of Memphis.
NONCONFORMING BUILDING. A building, or portion thereof, existing at the effective date of this chapter or amendments thereto, and that does not conform to the provisions of this chapter in the district in which it is located relative to the height, bulk, area or yards.
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 district in which it is located.
NURSERY, PLANT MATERIAL. A space, building or structure or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of NURSERY within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
NURSING OR CONVALESCENT HOME. A structure with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of more than two vehicles.
OPEN FRONT STORE. A business establishment, other than a drive-in bank, restaurant or gasoline service station, so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure.
PARKING SPACE. An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
PERSON. A firm, association organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
PUBLIC UTILITY. Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under state or municipal regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
SETBACK. The distance required to obtain front, side or rear yard open space provisions of this chapter.
SHALL. The act referred to is mandatory.
SHIELDED LIGHTING. Any lighting proposed to illuminate the exterior of buildings and off-street parking areas that is designed, located and arranged such that all direct rays of light are directed upon the building facade or parking area only and not upon any adjoining properties.
SIDE LOT LINE. Any lot line other than the front lot line. A side lot line separating a lot from a street is a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.
SIDE YARD. An open space between a main building and the side lot line extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
SIGN. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to show an individual firm, profession or business and are visible to the general public.
SIGN-ACCESSORY. A sign which is accessory to the principal use of the premises.
SIGN-NON-ACCESSORY. A sign which is not accessory to the principal use of the premises.
STANDARD RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics:
(1) Customers, normally provided with an individual menu, are served their foods, desserts or beverages by a restaurant employee at the same table or counter at which said items are consumed; or
(2) A cafeteria type of operation where foods, desserts or beverages generally are consumed within the restaurant building. Carry-out and/or delivery service may be provided as an accessory use.
STORY. The part of a building, except a mezzanine as defined above, included between the surface of one floor and the surface of the next floor or, if there is not floor above, then the ceiling next above. A story thus defined shall not be counted as a STORY when more than 50%, by cubic content, is below the height level of the adjoining ground.
STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor does not exceed two-thirds of the floor area in the story directly below and the height above for at least 200 square feet of floor space is seven feet six inches.
STREET. A right-of-way dedicated to public use which provides vehicular and pedestrian access to adjacent properties whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane or however otherwise designated.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, except fences, walls or pavement.
TEMPORARY USE OR BUILDING. A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use or for special events or as otherwise permitted in this chapter.
TOURIST HOME. A building containing a single dwelling unit and guest rooms offered to the public for compensation and catering primarily to the public traveling by motor vehicles.
TRAILER COACH (MOBILE HOME). Any vehicle designed, used or so constructed as to permit its being used, as a conveyance upon the public streets or highways, and duly licensable as such, and constructed in such manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
TRAILER COURT (MOBILE HOME PARK). Any site or tract of land upon which two or more authorized trailer coaches are parked either free of charge or for revenue purposes and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such trailer coach.
USABLE FLOOR AREA. The area used for, or intended to be used for, the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise or for utilities shall be excluded from this computation of USABLE FLOOR AREA. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building, measured from interior faces of the exterior walls.
USE. The purpose for which land or a building is arranged, designed or intended or for which land or a building is, or may be, occupied.
USED OR OCCUPIED. Include the words “intended”, “designed” or arranged to be used or occupied.
VARIANCE.
(1) A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are undue hardship, unique circumstances and applying to property. A VARIANCE is not justified unless all three elements are present in the case.
(2) EXCEPTION differs from the VARIANCE in several respects. An exception does not require “undue hardship” in order to be allowable. The exceptions that are found in this chapter appear as “special approval” or review by Planning Commission, legislative body or Board of Appeals. These land uses could not be conveniently allocated to one zone or another or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
(a) They require large areas;
(b) They are infrequent;
(c) They sometimes create an unusual amount of traffic;
(d) They are sometimes obnoxious or hazardous; and
(e) They are required for public safety and convenience.
VEHICLE WASH ESTABLISHMENT. Any establishment whose principal use is the manual, automatic or semi-automatic washing of motor vehicles, including accessory vacuum or detailing services.
VETERINARIAN OFFICE or CLINIC/ANIMAL HOSPITAL. An establishment where one or more licensed veterinarians, and any associated staff, provide medical, surgical, grooming or similar services solely for household pets. Use as a kennel shall be limited to short-term boarding and shall only be incidental to such hospital use. The long-term boarding of animals shall not be permitted.
WALL (FENCE). A completely obscuring structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.
YARDS. The open spaces of the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein.
(1979 Code, §§ 5.2-5.10) (Ord. 62, passed 5-16-1978; Ord. 142, passed 3-7-2000; Ord. 154, passed 1-21-2003; Ord. 176, passed 2-3-2009
; Ord. 215, passed 8-8-2022
) Penalty, see § 150.999