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The following definitions will apply to words and phrases used in the text:
(1) Accessory Uses and Structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to, and on the same parcel as, the permitted principal or special uses and structures in any zoning district.
(1A) Adult Day Care Center: A facility, not requiring State licensing, receiving one or more adults for care and supervision for compensation for periods of less than 24 hours a day, and where the guardians are not immediately available to the adult.
(2) Alteration: Any change in size, shape, character, occupancy, or use of a building, structure or land.
(3) Bed and Breakfast: A use that is subordinate to the principal use of a single-family dwelling unit in which transient guests are given a sleeping room with or without board in return for payment. Also known as rooming house, boarding house, or lodging house.
(4) Board of Appeals: The Zoning Board of Appeals of the City of Reed City.
(5) Boarding House: See Bed and Breakfast.
(6) Building: A structure that is fully or partially enclosed with walls and roof providing protection against the elements.
(7) Character Area: The portion of an Electronic Message Center that is capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
(8) Child Care Center: A facility, other than a private home, receiving one or more preschool or school-age children for care for periods of less than 24 hours a day for not less than two consecutive weeks (despite the number of hours of care per day), and where the parents and guardians are not immediately available to the children, including facilities described as day care centers, day nurseries, nursery schools, preschools, pre-kindergarten, play groups, and drop-in centers.
(9) Child Care Institution: A facility, other than a private home, receiving children under the age of 18 for care 24 hours a day. These facilities provide food, clothing and shelter for children who are orphaned or who by court order have been removed from their domestic home and where the parents or guardians are not available to the children.
(10) Communications Towers: A dedicated structure for mounting transmitter equipment and antennas that are necessary for providing the full range of wireless communications or mobile telecommunications services. Communications towers may be for personal or commercial use. Wireless communications include mobile telephones, radio, television, fire, police, 911, emergency rescue, hospital and other similar public service organizations.
(11) Development: The process of changing the use of a vacant parcel through the construction of facilities, buildings or structures, or the conversion of a non-vacant parcel from one type of use to another.
(12) Domestic Pets: Dogs, cats, or other household animals.
(13) Drive-through or Drive-in Establishments: Any place or premise which offers the sale of goods or services to customers in vehicles, including those establishments where customers may serve themselves and use the goods or services on the premises.
(14) Dwelling or Dwelling Unit: One or more habitable rooms which are occupied or intended for occupancy by one family with facilities for living, sleeping, cooking, eating, and includes bathrooms. Any building or structure thereof that is occupied, in whole or in part, as a home, residence, or sleeping place, either permanently or temporarily. This includes tents or recreational vehicles when not in approved campgrounds, but not including motels, hotels, tourist rooms, bed and breakfasts, or cabins.
(15) Dwelling, Multi-Family: A residential building containing three or more dwelling units designed and used for occupancy by three or more families, living independent of each other, with the number of families not exceeding the number of dwelling units provided.
(16) Dwelling, Single-Family: A detached residential building designed and used for occupancy by one family only.
(17) Dwelling, Two-Family: A detached residential building containing two dwelling units designed and used for occupancy by two families living independent of each other.
(18) Educational Services: Accredited public, parochial, or private elementary and secondary schools, colleges, universities, professional schools, junior colleges, technical institutes, libraries, trade schools, vocational schools, and other establishments primarily engaged in offering educational courses and services, including job training and vocational rehabilitation services.
(19) Electronic Message Center (EMC): A sign that is capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
(20) Essential Government Services: Equipment and structures reasonably necessary for the furnishing of adequate service by governmental departments or commissions for the public health or safety or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the essential service equipment.
(20A) Exotic Pets: Animals, birds, insects or reptiles that are not indigenous to the State of Michigan, that are considered a non-domesticated species, and that are not commonly kept as a pet. The Zoning Administrator may promulgate a list of animals the City considers to be exotic pets.
(21) Family: One or more persons living together as a single, nonprofit housekeeping unit, organized as a single entity in which the members share common kitchen facilities in a domestic relationship based on consanguinity, marriage, adoption, or other domestic bond. This definition does not include any society, association, organization, or any other group whose domestic relationship is of a transitional or seasonal nature or for an anticipated limited duration.
(22) Fence: A permanent barrier enclosing or bordering a plot of land or portion thereof composed of manmade materials erected on posts, for preventing or controlling entrance or to confine within or to mark a boundary.
(23) Floor Area: The interior floor space of a building.
A. Gross floor area (GFA) includes all floor space.
B. Usable floor area (UFA) excludes areas not used for general occupancy such as closets, storage, mechanical and utility areas.
(24) Foster Family Homes: A private home that is the bona fide permanent home of the operator who is also a legal guardian in which children under the age of 18 are placed for care and supervision 24 hours a day.
(25) Gasoline Service Station: Any structure or premises arranged, designed, or used for the retail sale of convenience items including food, fuels, lubricants, air, water, and other operating commodities for motor vehicles. It may also include facilities for the automated washing or polishing of such vehicles. Gasoline service stations shall not include: (1) the customary space and facilities for the repair and installation of parts or other commodities on or in vehicles, or (2) the use of space or facilities for the refinishing of motor vehicles, or (3) for the dismantling for reuse or resale of motor vehicles or parts thereof, or (4) for the outdoor storage or repair of motor vehicles or parts thereof.
(26) Greenbelt: An open space area of landscaping or vegetation typically along the periphery of a parcel intended to provide a buffer or relief from overcrowding.
(27) Height of Structure: The vertical distance measured from the established grade at the center of the front of the structure to the midpoint of the roof line.
(28) Home Occupation: Any occupation or income-generating activity traditionally or customarily conducted within a dwelling unit by its occupants as a use incidental and subordinate to the use of the home as a dwelling place that conforms to the provisions applicable to home occupations in this Zoning Code.
(29) Inoperable or Unregistered Motor Vehicles: Motor vehicles that are incapable of being operated or moved under their own power or are dismantled or wrecked. Vehicles requiring registration will be considered inoperable if unregistered.
(29A) Less Common Pets: Animals, birds, insects or reptiles indigenous to the State of Michigan that are considered a non-domesticated species, and is not commonly kept as a pet. The Zoning Administrator may promulgate a list of animals the City considers to be less common pets.
(30) Loading Space, Off-Street: Space logically and conveniently located for merchandise or passenger pickups and deliveries, on the same lot with the use which it is to serve for the temporary parking of vehicles which are performing the said pickups and deliveries.
(31) Lot: A parcel, tract, or portion of land separated from other parcels or portions of land identified by description or for the purposes of taxation. A lot is occupied or intended to be occupied by a principal building or a group of such buildings and accessory structures, or utilized for a principal use and accessory uses according to this Zoning Code. In the case of a site condominium subdivision, a "site condominium building site" will be considered the equivalent of a "lot" for purposes of determining compliance with the applicable requirements of this Zoning Code and with other applicable laws, ordinances, or regulations.
(32) Lot Area: Lot area is the precise square footage or acreage of a lot and shall not include any part of a public right-of-way.
(33) Lot, Corner: Any lot having at least two contiguous sides abutting upon one or more streets, if the interior angle at the intersection of the two sides is less than 135 degrees. Any lot line separating the lot from any street will be construed as a front lot line.
(34) Lot, Double Frontage: Any lot including a corner lot, as defined herein, with two or more sides abutting on one or more streets. Any lot line separating the lot from any street will be considered the front lot line.
(35) Lot Line: The lines of ownership defining the limits of a parcel or lot.
A. Front Lot Line: The lot line that coincides with the street right-of-way.
B. Rear Lot Line: The lot line opposite to and most distant from the front lot line as designated for each lot; for irregularly-shaped lots, the rear lot line will be determined by the Zoning Administrator.
C. Side Lot Line: Any lot line other than a front or rear lot line as determined by the Zoning Administrator.
(36) Mobile Home: A mobile home is a dwelling unit which is licensed by HUD and designed to be transportable from one location to another on a permanently attached undercarriage. This definition does not include recreational vehicles such as "travel trailers," "fifth wheels," "trailer coaches," "house cars," or "campers."
(37) Mobile Home Park: A lot, parcel, or tract of land used as the site of occupied mobile homes, including any structure, vehicle, or enclosure used as part of the equipment of such mobile home park, and licensed or licensable under the provisions of Act 96 of the Public Acts of 1987, as amended, and the provisions of this Zoning Code.
(38) Modular Home: A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flatbed and assembled for permanent location on the lot.
(39) Motor Vehicle: Any motorized vehicle whether licensed or unlicensed including automobiles, tractors, motorcycles, trucks, semi-tractors, motor homes, go-carts, snowmobiles, etc.
(40) Motor Vehicle Repair: General repair, rebuilding, or reconditioning of engines or motor vehicles, replacement of parts, or motor service; collision service (including body repair and frame straightening); painting; upholstering; or vehicle steam cleaning and undercoating, as a business.
(41) Nit: A unit of luminance equal to one candela per square meter.
(42) Nonconforming Use or Structure: Any use, lot, or structure which lawfully existed immediately before the time this Zoning Code became effective that does not now comply with the district requirements in which it is located.
(43) Nursing and Personal Care Facilities: Establishments primarily engaged in providing in-patient nursing and health related personal care, which may or may not be a private home, in which one or more children and/or adults who are aged or physically impaired by accident or disease or otherwise disabled are received for care and supervision for extended periods. Establishments of this type include: Homes for the aged, assisted living facilities, extended care facilities, nursing homes, intermediate care facilities, convalescent homes, rest homes, any establishment commonly described as an alcohol or a substance abuse rehabilitation center, and personal care facilities with health care. The physical facility and operation of nursing and personal care facilities shall comply with all applicable Federal, State, and local laws or regulations. Nursing and personal care facilities may include establishments commonly described as alcohol or substance abuse rehabilitation centers. The construction and operation of the facility shall comply with all applicable Federal, State, and local laws or regulations. This does not include a facility for persons released from or assigned to adult correctional institutions.
(44) Outdoor Commercial Recreation: Commercial establishments related to outdoor recreational activities, such as, but not limited to, miniature golf courses, driving ranges, skating rinks, and batting cages, etc., but not including golf courses and country clubs.
(45) Outdoor Sales: Retail businesses whose principal activity is the sale or rental of merchandise in an outdoor setting, such as, but not limited to, farm implements, plants and trees, mobile homes, building supplies, and motor vehicles.
(46) Parcel: A division of land available for development. (See Lot.)
(47) Parking Space, Off-Street: Any space used for the off-street parking of motor vehicles in all districts according to the parking standards of this Zoning Code.
(48) Personal Pet Facilities, Including Dog Runs: Facilities used in the permanent housing or temporary restraining of household pets.
(49) Pool, Private Swimming: Any artificially constructed basin or other structure for the holding of 500 or more gallons of water for use by the owner, his or her family, or guests for aquatic sports or recreation.
(50) Principal Structure: The structure within which the principal use is located.
(51) Principal Use: The primary or chief purpose for which a lot is used. A lot may contain only one principal use.
(52) Public and Institutional Uses: Churches; parks and nonprofit recreational uses; Municipal, County, State, and Federal administration buildings, police and fire stations, elementary, intermediate, and high schools (non-boarding), public libraries and museums, parks, play fields, and playgrounds, community centers, recreational clubs, tennis courts, swimming pools, libraries; government-owned facilities; cemeteries; and/or similar uses providing service necessary to the community.
(53) Public Utility: Any person, firm, corporation, or board, duly authorized to furnish and furnishing to the public under Federal, State, or municipal regulations, electricity, gas, steam, communications, transportation, etc.
(54) Public Utility Facilities: Electric transformer stations, gas regulator stations, gas valve houses, booster stations, telephone exchange buildings, and telephone repeater buildings and other similar utility uses.
(55) Salvage/Junk Yard: An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. Also including an automobile wrecking yard, but not including uses established entirely within closed buildings.
(56) Setback: The line that establishes the minimum required distance between a structure and a property line. The setback will be measured from and be horizontal to the front, rear, and side lot lines. The setback line also is called the "required setback line." Steps may be located between the required setback line and the lot line. Porches are considered part of the building or structure. The area between the lot line and the setback line will be called the "Required Setback Area."
(57) Setback Area: The area between the lot line and the setback line. Also called the "Required Setback Area."
(58) Sexually Oriented Businesses: Sexually oriented businesses includes the following:
A. Adult Bookstore or Video Store. An establishment having a substantial or significant portion of its business devoted to books, magazines, periodicals, films, or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.
B. Adult Cabaret. A cabaret which regularly features go-go dancers, strippers, or similar entertainers; or waiters, waitresses, or other employees showing specified anatomical areas or specified sexual activities.
C. Adult Motion Picture Theater. An establishment regularly used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein.
D. Adult Novelty Store. An establishment that has a substantial or significant portion of its business devoted to the sale of devices which stimulate human genitals or devices designed for sexual stimulation.
E. Adult Panorama. An establishment having a substantial or significant portion of its business devoted to an entertainment use where patrons view in individual viewing booths, films, tapes, or live entertainment showing specified sexual activities or specified anatomical areas.
F. Burlesque Hall. An establishment which regularly features entertainers showing specified anatomical areas or specified sexual activities.
G. Cabaret. A café, restaurant, or bar where patrons are entertained by performers who dance or sing or play musical instruments.
(59) Shopping Center: A grouping of stores within a single building under similar ownership.
(60) Sign: Any device designed or intended to inform or attract the attention of any person, according to the sign provisions of this Zoning Code.
(61) Site Condominium: A division of land based on a plan or project consisting of two or more site condominium units established according to the Condominium Act, Public Act 59 of the Public Acts of 1978, as amended.
(62) Site Plan: A scale drawing that shows the locations and dimensions of improvements upon a parcel of land, such as, but not limited to, buildings, driveways, parking area, landscaping, sidewalks, signs, sewage systems, water supply, and drainage facilities, as set forth in this Zoning Code.
(63) Special Land Use: A use that would not be appropriate generally or without restriction throughout the zoning district which, if controlled as to number, location, size, or relation to the surrounding area, would be in the best interest of the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted according to the provisions set forth in this Zoning Code.
(64) Specified Anatomical Areas. Specified anatomical areas are defined as:
A. Less than completely and opaquely covered:
1. Human genitals and pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(65) Specified Sexual Activities. Specified sexual activities are defined as:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse, or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
(66) State Licensed Residential Facilities: Establishments engaged in the provision of residential care for children, the aged, and special categories of individuals with limitations on ability for self-care but where medical care is not a major element.
A. Category A:
1. Adult Foster Care: A structure constructed for residential purposes licensed by the State of Michigan pursuant to the Adult Foster Care Facility Licensing Act (Act 218 of the Public Acts of 1979, as amended), or the Child Care Organizations Act (Act 116 of the Public Acts of 1973, as amended), that provides residents under 24 hour supervision or care for persons in need of that supervision or care. A "state-licensed residential facility," as defined by this section, does not include any establishment commonly described as an alcohol or a substance abuse rehabilitation center. Nor does it include a facility for the care and treatment of persons released from or assigned to adult correctional institutions.
2. Family Home: A private home that is the bona fide permanent home of the operator in which from one to six adults who are aged, mentally ill, developmentally disabled, or physically disabled are received for care. The physical facility and operation of the home shall comply with all applicable Federal, State, and local laws or regulations.
3. Small Group Home: A facility that is operated by staff in a ratio of one staff for each six residents in which from one to twelve adults who are aged, mentally ill, developmentally disabled, or physically disabled are received for care and supervision 24 hours a day. The physical facility and operation of the home shall comply with all applicable Federal, State, and local laws or regulations.
4. Medium Group Home: A facility that is operated by staff in a ratio of one staff for each six residents in which from seven to twelve adults who are aged, mentally ill, developmentally disabled, or physically disabled are received for care and supervision 24 hours a day. The physical facility and operation of the home shall comply with all applicable Federal, State, and local laws or regulations.
5. Large Group Home: A facility, which may or may not be a private home, in which 13 to 20 adults who are aged, mentally ill, developmentally disabled, or physically disabled are received for care and supervision 24 hours a day. The physical facility and operation of the facility shall comply with all applicable Federal, State, and local laws or regulations.
B. Category B: Licensed Day Care:
1. Family Home: A private home (that is the bona fide permanent residence of the operator of the family day care home) in which from one to six minor children are received for care and supervision for periods of less than 24 hours a day for more than four weeks during a calendar year, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.
2. Group Home: A private home (that is the bona fide permanent residence of the operator of the group day care home) in which from seven to twelve minor children are received for care and supervision for periods of less than 24 hours a day for more than four weeks during a calendar year, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.
(67) Street: A publicly owned and maintained right-of-way that affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drives, land, boulevard, highway, road, or other thoroughfare.
(68) Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including buildings, walls, fences, and signs.
(69) Substantial or Significant Portion. A business will be deemed to have a substantial or significant portion of its stock in trade or services if it meets at least one of the following criteria:
A. Thirty-five percent or more of the stock, materials, or services provided are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, specified anatomical areas, or both.
B. Thirty-five percent or more of the usable floor area of the building is used for the sale, display, or provision of services distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities, specified anatomical areas, or both.
C. The advertising (on signs, in publications, on television or radio and/or in other media forms) associated with the business, describes or relates to specified sexual activities, specified anatomical areas, or both.
(70) Tourist Rooms: See Bed and Breakfast.
(71) Upper Floor Dwelling: A dwelling on the second floor of an existing building designed or used as a commercial business establishment.
(72) Wall: A barrier constructed of masonry or other solid materials on a continuous concrete footing for controlling entrance, sound, and/or view.
(73) Yard: An open space on the same lot with a structure, unoccupied and unobstructed on or above grade level, between the lot line and the principal structure.
(74) Yard, Front: The open space extending the full width between the side lot lines and the full depth between the front lot line and the principal structure.
(75) Yard, Rear: The open space extending the full width between the side lot lines and the full depth from the rear lot line to the principal structure.
(76) Yard, Side: The open spaces on either side of the principal structure between the front yard and the rear yard and the full width from the side lot lines to the principal structure.
(77) Zoning Districts: The areas into which the City of Reed City has been divided and for which the regulations and requirements governing use and size of lots and structures are specified in this Zoning Code.
(78) Zoning Administrator: The duly authorized official of the City of Reed City who is responsible for administering and enforcing this Zoning Code.
(Ord. 52. Passed 6-16-97; Ord. Unno. Passed 6-16-14; Ord. 02-2018. Passed 2-20-18; Ord. 005-2018. Passed 10-15-18; Ord. 006-2018. Passed 1-22-19.)