(A) The following rules of construction apply to the text of this chapter.
(1) The particular shall control the general.
(2) The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
(3) Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not herein defined shall have the meaning customarily assigned to them.
ACCESSORY BUILDING OR STRUCTURE. A structure customarily incidental and subordinate to the principal structure and located on the same zoning lot as the principal building.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use of the land or building and located on the same zoning lot as the principal use.
ACTUAL CONSTRUCTION. The installation of a building foundation in conformance with this chapter and the County Building Code at the time of construction.
ADJACENT (LOT OR PARCEL). A lot or parcel which abuts another parcel or is directly across or directly on the opposite side of a public street right-of-way or private easement from another lot or parcel.
AGRICULTURE. Any land or building used for pasturage, floriculture, dairying, horticulture, viticulture, and livestock and poultry husbandry.
ALLEY. Any dedicated public right-of-way, affording secondary means of access to abutting property not intended for general vehicle use nor as the primary means of access to property.
ALTERATIONS. Any change, addition, or modification in construction, or type of occupancy, any change in the structural members of a building, such as load-bearing walls, columns beams, girders, the consummated act which may be referred herein as ALTERED or RECONSTRUCTED.
AUTOMOBILE REPAIR. General repair, engine rebuilding, or reconditioning of motor vehicles; collision service collision service such as body, frame, or fender straightening or repair; glass and trim shops; and painting.
AUTOMOBILE SERVICE STATION. A structure used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles and including space for storage, motor repair servicing, but not including bumping, painting, or refinishing.
BASEMENT. A portion of a building partly below grade, accessible from the interior of the building and affording headroom for standing, and having more than one-half of its height below grade.
BOARDING (OR ROOMING) HOUSE. A dwelling other than a hotel or motel, where meals and lodging are provided for compensation to three or more persons by pre-arrangement, but not for transients.
BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for shelter, or enclosure of persons, animals, chattels, or property of any kind.
BUILDING CODE. The Building Code of Hillsdale County, as amended.
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 INSPECTOR. The building official of Hillsdale County or his or her authorized representative.
CLINIC. Any establishment where human patients are examined or treated by professional medical personnel, but not hospitalized overnight.
CLUB. An organization of persons for special purposes or interests for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit, and open only to members, and not the general public.
COMMON LAND. A parcel(s) of land with improvements thereon, the use, maintenance, and enjoyment of which are intended to be shared by owners or occupants of individual buildings in a subdivision or condominium projects.
CONDOMINIUM UNIT. The portion of a condominium project or site condominium subdivision which is designed and intended for separate ownership and use, as described in a master deed creating the project, regardless of intended use. The owner of a CONDOMINIUM UNIT also owns a share of the common land or common elements described in the master deed. The terms CONDOMINIUM UNIT and SITE CONDOMINIUM shall be considered the equivalent of “lot” for the purpose of this chapter with respect to lot size, minimum lot width, maximum lot coverage, and maximum floor area ratios.
CONGREGATE HOUSING. A dwelling unit(s) provides shelter and service for elderly persons. This may include meals, housekeeping, and personal care assistance. Such a facility offers a semi-independent lifestyle, but does not provide on-site intensive health care, nursing, the dispensing of medications and so on.
CORRECTIONAL FACILITY. Any lot or parcel and/or buildings intended for use as a prison, reformatory, jail, or detention facility for youth or adults, including so-called halfway houses in which persons convicted of crime reside under supervision of a guard or counselor.
COUNCIL. The City Council of Reading.
CUL-DE-SAC. A dead-end street or private access easement that ends in a circular section which provides for vehicle turnaround.
DAY CARE FACILITY. A facility for the care of children under 18 years of age, as licensed and regulated by the state under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, and the associated rules of the State Department of Social Services. Such organizations are further defined as follows.
(a) CHILD CARE CENTER. A facility, other than a private residence, receiving more than 12 preschool or school age children for group care for periods of less than 24 hours a day, and where parents or guardians are not immediately available to the child. It includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. CHILD CARE CENTER does not include Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
(b) FAMILY DAY CARE HOME. A private home in which one but not more than six minors are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
(c) GROUP DAY CARE HOME. A private home in which more than six but not more than 12 children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.
DECELERATION LANE. An added roadway lane that permits vehicles to slow down before turning, which is adjacent to but not part of a through or moving lane of a public street.
DENSITY. The number of dwelling units developed per acre of land, excluding public street rights-of-way or right-of-way included in a private street easement.
DETENTION BASIN FOR STORM WATER. A storm water holding facility intended to hold and gradually release storm water into an established public drainage course.
DISTRICT. A portion of the city within which on a uniform basis, certain uses of land and buildings are permitted, as set forth in this chapter, or within which certain lot areas are established or within which a combination of such aforesaid conditions are applied.
DRIVE-IN ESTABLISHMENTS. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or drive-up window for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DWELLING, MULTIPLE-FAMILY. A building used or designed as a residence for three or more families living independently of each other, and subject to the same aesthetic compatibility and other standards as outlined for single-family dwellings below.
DWELLING, SINGLE-FAMILY. A detached residence designed or occupied by one family only with housekeeping and cooking facilities, complying with the following standards.
(a) The dwelling shall contain a minimum of seven hundred (720) square feet of living area and comply with BOCA Property Maintenance Codes for minimum allowance.
(b) The dwelling shall have a minimum width of 24 feet along any exterior side elevation of the principal living area, exclusive of porches not a part of the main living area.
(c) The dwelling shall have a minimum floor-to-ceiling height of seven and one-half feet.
(d) The dwelling shall be connected to a public sewer and public water supply.
(e) The dwelling shall comply in all respects with the County Building Code.
(f) The dwelling shall comply in all respects with applicable fire codes and regulations and other applicable ordinances.
(g) The dwelling shall be firmly attached to a frost-free foundation constructed on the site in accordance with the County Building Code and, in the case of manufactured housing, in accordance with the specifications of the manufacturer. Except in an approved mobile home park, all manufactured or mobile homes shall be set upon a masonry foundation. Metal skirting shall not be allowed.
(h) The dwelling shall contain storage space either in a basement or closet spaces or in a separate, fully enclosed structure on the site, which aggregate storage space shall be not less than 15% of the interior living area of the dwelling.
(i) All dwelling shall be aesthetically compatible in design and appearance to other dwellings in the neighborhood with not less than two exterior doors, with one being in the front of the home and the other being either in the rear or side of the home.
(j) All dwellings shall have a stone, brick, block concrete, or wood foundation coextensive with the perimeter of the structure, not including minimal projections or cantilevers, or in the case of a dwelling which has a foundational support not coextensive with the perimeter of the structure, a wall or skirting material constructed to be coextensive with the perimeter of the structure and similar in appearance to a stone, brick, block, concrete, or wood foundation to give the appearance of a standard foundation. Said foundation wall shall be durably constructed to last the life of the structure, and shall be installed prior to issuance of a certificate of occupancy.
(k) The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by the state law or otherwise specifically required in the ordinances of the city.
DWELLING, TWO-FAMILY. A detached building designed for or occupied exclusively by two families living independently of each other, and subject to the same aesthetic compatibility, and other standards as outlined for single-family dwellings above.
DWELLING UNIT. One or more rooms with independent cooking facilities designed as a unit for residence by one family.
DWELLING UNIT, ATTACHED. Any dwelling unit that shares a common interior wall with another dwelling unit.
DWELLING UNIT, DETACHED. Any dwelling unit which does not share a common wall with another dwelling unit.
ESSENTIAL SERVICE. The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of overhead or underground gas, electrical, steam, or water distribution or transmission systems, collection, communication, supply, or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, telephone exchange buildings, public utility or municipal buildings, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public health or safety or general welfare, shall be permitted as authorized or regulated by law and other ordinances of the city in any use district, it being the intention thereof to except such erection, construction, alteration, and maintenance from the application of this chart.
FAMILY. One or two persons or parents, with their direct descendants and adopted children (and including the domestic employees thereof) together with not more than two unrelated persons living together in the whole or part of a dwelling comprising a single housekeeping unit.
FENCE. An accessory structure intended for use as a barrier to property ingress or egress, a screen for privacy from objectionable view or noise, or for decorative purposes.
FLEA MARKET. A space, lot, or building where three or more persons or vendors sell to the general public new or used goods, furniture, antiques, crafts, novelties, or other merchandise.
FLOOD or FLOODING. A general and temporary condition or partial or complete inundation of typically dry land from an overland flow of water or water accumulation as a result of a rainstorm.
FLOOD HAZARD AREA. Land which, on the basis of available flood information, is subject to a 1% chance of flooding in any given year.
FLOOR AREA, GROSS. The sum of all floors of a building measured from the outside dimensions of such building. Unenclosed porches, courtyards, open patios, or deck shall not be considered as part of the GROSS FLOOR AREA, except when they are used for commercial purposes such as for display of merchandise.
FLOOR AREA, USEABLE. Gross floor area less interior spaces used for hallways, closets, mechanical and electrical equipment, storage, stairwells, and restrooms. USEABLE FLOOR AREA shall be the basis on which to determine required vehicles parking spaces under terms of this chapter.
FOSTER CARE FACILITY. An establishment which provides supervision, assistance protection and personal care, in addition to room and board, to persons. A FOSTER CARE FACILITY is other than a home for the aged or nursing home licensed under Public Act 139 of 1956, as amended, or a mental health hospital licensed under Public Act 151 of 1923, as amended.
GARAGE, COMMERCIAL. A facility available to the public or operated for financial gain and used for storage, repair, rental, serving, washing, sale, or equipping motor vehicles.
HISTORIC DISTRICT. An area or group of areas in near proximity that contain one or more resources that are related to history, archaeology, or the culture of the city. The city may establish one or more HISTORIC DISTRICTS.
HOME OCCUPATION. An incidental and secondary use of a dwelling unit for business purposes.
HOTEL. A building containing guestrooms in which lodging is provided with or without means for compensation and which is open to transient [or] permanent guests or both, and where no provision is made for cooking in any guest rooms. A HOTEL may include a restaurant or a cocktail lounge, public banquet halls, ballrooms, or meeting rooms.
JUNK. Any discarded material or article including but not limited to scrap metal, scrapped, abandoned, or junked motor vehicles, machinery equipment, paper, glass, containers, and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNK YARD. An open area where waste, used, or second-hand materials are bought and sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metal, 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 materials stored entirely within enclosed buildings.
KENNEL, COMMERCIAL. Any lot or premises on which more than four or more dogs, cats, or other household pets are either permanently or temporarily boarded or bred or sold.
LOADING SPACE. An off-street space, on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT. Land which is vacant or occupied by a building and its accessory buildings together with such yards and open spaces as are required under the provisions of this chapter. This term includes a site condominium unit. All LOTS hereafter created must conform to requirements of this chapter, unless they have been recorded in the County Register of Deeds and were in conformance with the zoning requirements then in effect.
LOT, ACCESS. Any lot hereafter created shall have direct access to a public street, must have the required minimum lot width abutting the public street, and conform to minimum lot area requirements of this chapter.
LOT AREA. The total horizontal area within the lot lines exclusive of any portion of the right-of-way of any public street.
LOT, CORNER. A lot at the junction of and fronting on two or more intersecting street rights-of-way.
LOT COVERAGE. The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT, DOUBLE FRONTAGE. An interior lot having frontages on two more or less parallel streets, as distinguished from a corner lot.
LOT DEPTH. The mean horizontal distance from the front lot line to the rear lot line.
LOT, FLAG. A lot created having less than the required lot as specified herein. If such lot has been created in violation of this chapter or prior zoning ordinances of the city, it may not be used for any new use or for constructing a building until and unless it conforms to the requirements of this chapter.
LOT LINES. The property lines bounding the lot as defined herein.
(a) FRONT LOT LINE. In the case of a lot abutting upon one public or private street, the line separating such lot from such street right-of-way.
(b) REAR LOT LINE. The lot line that is opposite and most distant from the front lot line of the lot.
(c) SIDE LOT LINE. Any lot line not a front lot line or a rear lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior SIDE LOT LINE.
LOT OF RECORD. A lot which actually exists in a subdivision plat or recorded site condominium subdivision as shown in the Register of Deeds of the county or has lawfully been assigned a property tax identification number.
LOT WIDTH. The mean horizontal distance between the side lines, measured at right angles to the side lot lines. Where side lot lines are not parallel the lot width shall be considered the average of the width between such side lot lines.
MASTER DEED. The set of documents recorded and which contain a condominium plan, and covenants, bylaws, easement descriptions, survey, and related documents pertaining to ownership units, limited and general common elements of a condominium project developed or to be developed under terms of Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended.
MASTER PLAN. The document containing development policies, future land use plan and related plans, together with supporting documentation, as most recently adopted by the City Planning Commission pursuant to Public Act 285 of 1931, being M.C.L.A. §§ 125.3801 et seq., as amended.
MOBILE HOME. Any vehicle or building without motive power designed functionally as a dwelling unit and for periodic movement upon a highway as defined and regulated by the Mobile Home Commission Act, being M.C.L.A. §§ 125.2301 through 125.2350. This term shall include those vehicles commonly referred to as a trailer, house trailer, trailer coach, or manufactured housing, but shall not include those vehicles commonly referred to as travel trailers or recreational vehicles.
MOTEL. A series of attached, semi-detached, or detached rental units containing bedroom, bathroom, and closet space wherein such a unit has a separate individual entrance leading directly from the outside of the building.
NONCONFORMING STRUCTURE. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereof, and that does not conform to the provisions of the ordinance in the district in which it is located.
NONCONFORMING USE. Any pre-existing use of land or building which does not conform to requirements of this chapter at this time of the adoption of this chapter or amendments thereto, to the regulations other than height, area, and yard requirements for the district in which it is located. A LAWFULNONCONFORMING USE is a use that when established was conforming to zoning ordinance requirements then in effect and may be continued exactly as it existed at the time it was established. An ILLEGAL NONCONFORMING USE is one which when established was in violation of the zoning regulations then in effect and shall be considered a nuisance per se and shall immediately be discontinued.
OFF-STREET PARKING AREA. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering as to provide access for entry and exit for the parking of more than two automobiles.
PRINCIPAL BUILDING. A building in which is conducted the main use of the lot upon which it is situated.
PRINCIPAL USE. The main lawful use to which the premises are devoted and the main purpose for which the premises exist.
PUBLIC, PAROCHIAL, AND PRIVATE SCHOOLS. Institutions offering courses in general education not operated for profit.
PUBLIC STREET. Any right-of-way by easement or ownership operated by the city, County Road Commission, or the State Department of Transportation. No part of any such right-of-way shall be considered when determining compliance with required building setback, lot area, or other dimensional requirement of this chapter.
REAL VALUE (a.k.a. MARKET OR TRUE CASH VALUE). The assessed value multiplied by the city assessment factor.
RECREATIONAL VEHICLE. A self-propelled vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, and not exceeding 300 square feet in area. A RECREATIONAL VEHICLE is not a dwelling under term of this chapter.
REFUSE STORAGE SPACE. Any exterior area, which is not a principal permitted use, for placement of container structures or other receptacle intended for temporary storage of solid waste materials.
SETBACK LINE. A line defining the minimum front, side, and rear yard requirements outside of which no building or structure may be located.
SEWERS, PUBLIC. A public sewer system shall be defined as a system of pipes and structures including pipes, channels, conduits, manholes, pumping station, sewage or waste treatment works, diversion and regulatory devices, out-fall structures, and appurtenances, collectively or severally, actually used or intended for use by the general public or a segment thereof, for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage of such a nature as to be capable of adversely affecting the public health; operated and maintained by the general public, residential district or area, firm, or corporation.
SIGN. Any structure or natural object such as a tree, rock, and the ground itself or device attached thereto or planted or represented thereon, which is used to attract attention to any object, product, place, activity, person, institution, organization, or business and which includes any letter, word model, banner, flag, pennant, insignia, device, or representation used as or which is in representation of an announcement, direction, or advertisement. For the purposes of this chapter, the word SIGN does not include the flag, pennant, or insignia of this nation, state, city, or other political unit, or any political, charitable, or civic or like campaign or event, nor does it include legal notices, address, or official signs of any governmental agencies.
SIGN, OUTDOOR ADVERTISING. Any sign situated on privately owned land on which appears pictorial or written information about a commercial enterprise which is not a principal permitted use or permitted accessory use on the same lot or parcel. OUTDOOR ADVERTISING SIGNS are not permitted in the city, unless licensed by the state.
SITE CONDOMINIUM SUBDIVISION. A division of land intended for ownership as a condominium unit under provisions of Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended, which is not subject to provisions of Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended.
SITE PLAN. A scaled drawing or set of drawings illustrating existing conditions on land and all proposed improvement to the land, and which meets all requirements of this chapter.
STREET. A public dedicated right-of-way, other than an alley, which affords traffic circulation and principal means of access to abutting properties.
STRUCTURE. Anything constructed or erected which requires permanent location on the ground or attachment to something having such location on the ground, but not limited to all buildings, freestanding signs, and utility power transmission poles, and not including sidewalks, drives, fences, and patios.
SUBDIVISION (or PLAT). Divisions of land pursuant to Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended, for which plans are drawn and recorded in conformance with said Act and ordinances of the city.
TOURIST HOME. A dwelling in which lodging is provided by a resident family in its home for compensation, mainly for transients. A TOURIST HOME may be called a bed and breakfast establishment. A TOURIST HOME is not a hotel, motel, or a boarding house.
TRAVEL TRAILER. A vehicle designed as a travel unit for occupancy as a temporary or seasonal living unit, capable of being towed by a passenger automobile or a light-duty truck, and not exceeding 300 square feet in area.
YARDS. The open spaces on the same lot with a principal building between the principal building and the nearest lot line and unoccupied and unobstructed from the ground upward, except for accessory structures and uses or such projections as are expressly permitted by this chapter.
(a) YARD, FRONT. A yard extending the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.
(b) YARD, REAR. An open space extending the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
(c) YARD, SIDE. An open space between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
VARIANCE, DIMENSIONAL. A relaxation or modification of any dimensional requirement contained in this chapter based on specific practical difficulty, as determined by the Zoning Board of Appeals, and which is not self-imposed as a result of action(s) by the landowner or applicant.
VARIANCE, USE. A use allowed in any zoning district that is not otherwise permitted. A use variance by the City Zoning Board of Appeals is not permitted under terms of this chapter.
ZONING ADMINISTRATOR. The City Manager of the City of Reading shall be appointed as Zoning Administrator. The City Manager may designate a subordinate to undertake administrative and enforcement duties under terms of this chapter.
ZONING BOARD. The Planning Commission of the City.
ZONING BOARD OF APPEALS. The City Zoning Board of Appeals created under authority of Public Act 207 of 1921, being M.C.L.A. §§ 125.3101 et seq., as amended, and continued under the authority of Public Act 110 of 2006.
ZONING DISTRICT. A portion of the city within which certain unique regulations apply uniformly under provisions of this chapter.
(Ord., § 202, passed 6-11-2002; Ord. passed 4-12-2011)