For the purpose of enforcing the provisions of this chapter, certain terms and words used herein are defined as follows.
ACCESSORY BUILDING OR STRUCTURE. A supplementary building or a portion of a main building, the use of which is incidental to that of the main building and which is located on the same lot as the main building, but such use shall not include any building used for dwelling, lodging, or sleeping quarters for human beings. ACCESSORY BUILDINGS OR STRUCTURES include garages, garden equipment sheds, small greenhouses, swimming pools, solar energy systems and kennels/pens for dogs or animals as defined.
ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “anatomical areas” (as described in the definition for “adult motion picture theater”, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive not more than six adults who shall be provided foster care for five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee shall be a member of the household and an occupant of the residence (Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L. § 400.703(5)).
ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults who shall be provided foster care. Beginning four years after the effective date of the Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L. §§ 400.701 et seq., an ADULT FOSTER CARE LARGE GROUP HOME which is licensed by the department to provide foster care in each respective category may receive only those adults in a category whose primary need for services is based upon not more than one of the following categories:
(1) Aged condition; or
(2) Mental illness, developmental disability, or physical handicap, or a combination of mental illness, development disability, or physical handicap.
ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved capacity for not more than 12 adults who shall be provided foster care.
ADULT MOTION PICTURE THEATER. An enclosed building or open air site used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “anatomical areas” or (as defined herein), for observation by patrons therein.
(1) ANATOMICAL AREAS.
(a) Less than completely or opaquely covered:
1. Human genitals, pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(2) SPECIFIED SEXUAL ACTIVITIES. (See also § 131.02).
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse, or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
ALLEY. A secondary thoroughfare less than 30 feet in width dedicated for the public use of vehicles and pedestrians affording access to abutting property.
ALTERATION. As applied to a building or structure means a change or rearrangement in the structural parts or in the means of ingress or egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ANTENNAS. Any exterior apparatus designed for the sending and/or receiving of electromagnetic
waves for telephonic, radio, television, or personal wireless services.
APPEAL. An entreaty or demand for a hearing or review of facts and/or actions in connection with the public enforcement of this chapter.
ARCHITECTURAL FEATURES. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.
AUTOMOBILE SERVICE STATION. A space or building or parts of a building, and the necessary equipment used for sale to the consumer and/or for the installation in or upon motor vehicles, the usual operating commodities such as motor fuels, lubricants, antifreeze, water, air, batteries, tires, light bulbs, fan belts, windshield wipers, and other commodities and for the sale of such services as washing, wiping, cleaning, and waxing of motor vehicles, tire repair and battery charging, and rental of trucks and trailers. Vehicle washing shall be confined to hand washing or comparable manually operated high pressure washing equipment with not more than one wash stall, which shall have only have one vehicle access door and shall not be designed or altered to permit a drive-through operation.
AUTOMOBILE WASH ESTABLISHMENT. Any building or structure or portion thereof containing facilities for washing motor vehicles using production line methods with a conveyor, blower, steam cleaning device, or other mechanical washing devices; and shall also include coin and attendant operated drive-through, automatic self-serve, track mounted units, and similar high volume washing establishments, but shall not include hand washing operations in an “automobile station”.
BASEMENT. The portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A BASEMENT shall not be included as a story for height measurement. (See Appendix A, § 7.)
BEDROOM. A room in a dwelling unit used for or intended to be used primarily for sleeping purposes by human beings.
BILLBOARD. Any construction or portion thereof upon which a sign or advertisement is used as an outdoor display for the purpose of making anything known to the general public, but not including bulletin boards used to display official court or public offer notices.
BLOCK FRONT. The property abutting one side of a street and lying between the two nearest intersecting streets, crossing or terminating; or between the nearest such street, unsubdivided acreage, or between any of the foregoing and any other barrier to the continuity of development such as a railroad right-of-way, park, or river channel.
BOARD OF APPEALS ON ZONING. The City of Saginaw Board of Appeals on Zoning.
BOARDING HOUSE, TOURIST HOUSE. A building arranged or used for lodging, with or without meals, for compensation, by more than five and not more than 20 individuals.
BOATS. Boats, floats, and rafts, and the attached normal equipment to transport same on the highway.
BOUNDARY, DISTRICT. The line separating two different kinds of use districts. Whenever the district boundary is not shown on the Zoning Map to be on a street, alley or shoreline, lot line or any line which may be established on the Zoning Map of the city or any recorded subdivision thereof, or to be an extension of any of the foregoing lines, it shall be deemed to be located 100 feet, or such distance as dimensioned, thereon, from and parallel to the nearest street right-of-way line as established at the time of enactment of this chapter.
BUILDING. An independent structure erected on-site, a mobile home, a pre-manufactured or pre-cut structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels. When any portion thereof is completely separated from every other part by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate BUILDING. This refers to both temporary and permanent structures and includes mobile homes, tents, sheds, garages, stables, greenhouses, or other accessory structures.
BUILDING FRONT. The facade of a building most nearly parallel to and nearest the front line.
BUILDING PERMIT. The written authority issued by the Chief Inspector permitting the construction, removal, moving, alteration, or use of a building in conformity with the provisions of this chapter. (See also definition of PERMIT.)
BUILDING, PRINCIPAL. A building in which is conducted the predominant use of the lot on which it is located.
BUILDING SETBACK LINE. The line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided in this chapter. Such line when adjacent to a building is normally formed by the junction grade or surface of the adjoining ground.
CABARET. An establishment which features topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
CHIEF INSPECTOR. Chief Inspector of the City of Saginaw.
CITY COUNCIL. The City Council of the City of Saginaw.
CITY PLANNING COMMISSION. The City of Saginaw City Planning Commission.
CLINIC. A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than one professional, such as a physician, dentist, or the like.
CODE. The same as ORDINANCE, ZONING CODE, or ZONING ORDINANCE of the City of Saginaw.
COMMERCIAL USE. A commercial use related to the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or personal services or the maintenance of offices or recreational or amusement enterprises, or garage, basement sales, conducted on residential premises for more than six calendar days during a given one-year period.
COMMERCIAL VEHICLES. Include trucks, highway tractors and trailers, pickups, vans, wreckers, or similar vehicles any of which have or require commercial license plates and have a gross vehicle weight in excess of 10,000 pounds.
CONVALESCENT OR NURSING HOME. A home for the care of children or the aged or the infirm, or a place of rest for those suffering serious bodily disorders, wherein three or more persons are cared for. Said home shall also conform to and qualify for license under applicable state laws (even though state law may provide for different size regulations).
CUL-DE-SAC. A street with only one outlet having sufficient space at the closed end to provide vehicular turning facilities.
DAY CARE CENTER. A daytime or nighttime group facility which gives care for preschool children or school age children away from their homes but which need not employ a teacher approved by the Department of Education. It provides a program which promotes the development of the individual child and is under the direction of a person with experience in child care. There must be more than six children cared for in the facility for a time period of less than 24 hours per day.
DETENTION FACILITIES. A residential and institutional complex for the temporary holding of criminal suspects and/or offenders whose individual cases are being processed.
DISTRICT. A portion of the city within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.
DISTRICT AND USE, MORE RESTRICTED AND LESS RESTRICTED. In the list given below, each district shall be deemed to be more restricted than any following district, and each district shall be deemed to be less restricted than any foregoing district: R-1; R-1A; R-2; R-3; R-4; RO-1; B-1; B-1A; B-2; B-3; M-1; M-2; and M-3.
DRIVE-IN ESTABLISHMENT. A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in, or momentarily stepped away from, their motor vehicles (such as banks, laundry or dry cleaning pickup establishments).
(1) CARRY-OUT RESTAURANTS. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes both of the following characteristics:
(a) Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers; and
(b) The consumption of foods, frozen desserts, or beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur.
(2) DRIVE-IN RESTAURANT. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics:
(a) Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a car-hop or by other means which eliminates the need for the customer to exit the motor vehicle; and
(b) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted.
(3) FAST-FOOD RESTAURANT. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption off the premises, and whose design or principal method of operation includes both the following characteristics:
(a) Foods, frozen desserts, or beverages are usually served in edible containers, or in paper, plastic, or other disposable containers; and
(b) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur.
(4) STANDARD RESTAURANT (FOR COMPARISON). Any establishment whose principal business is the sale of foods, frozen 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:
(a) Customers, normally provided with an individual menu, are served their goods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed; and
(b) A cafeteria-type operation where foods, frozen desserts, or beverages generally are consumed within the restaurant building.
DWELLING. A house or building, or portion thereof, which is occupied wholly as the home, residence, or sleeping place by one or more human beings, either permanently or transiently, but in no case shall an automobile chassis, basement, accessory building, temporary building, tent, or portable building, motel, or automobile court, rooming or boarding house, hotel, or hospital be considered as a DWELLING, so long as these are used for the purposes described in this chapter. In case of mixed occupancy where a building is occupied in part as a DWELLING, the part so occupied shall be deemed a DWELLING for the purpose of this chapter and shall comply with the provisions hereof relative to DWELLINGS. Garage space, whether in an attached or detached garage, shall not be deemed as part of a DWELLING for area requirements.
(1) DWELLING, MULTIPLE. A building or portion thereof used for and as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including boarding houses or tourist houses. Such dwellings shall conform in all other respects to the standards set forth in division (2) below of this definition, DWELLING, SINGLE-FAMILY.
(a) DWELLING, TERRACE, ROW, OR TOWNHOUSE. A freestanding building of not less than four dwelling units arranged laterally, each with individual outside entrances and not more than three stories in height. A dwelling unit, complete with utilities and sleeping quarters may occupy one or two floors. Each dwelling unit, or units when arranged vertically, shall comprise a section, and there shall be, as a minimum, a fireproof wall as provided in the building regulations without doors, windows or other openings separating any two sections from any other section or sections.
(b) HIGH RISE APARTMENT. A building used as a multiple dwelling, being four stories or more in height, and containing 18 or more dwelling units, with all stories served by a passenger elevator or other mechanical lifting device.
(c) LOW RISE APARTMENT. A building used as a multiple dwelling, being less than four stories in height, and containing not less than three dwelling units.
(2) DWELLING, SINGLE-FAMILY. A detached building occupied by one family and so designed and arranged as to provide living, cooking, and kitchen accommodations for one family only. Also known as a ONE-FAMILY DWELLING. A SINGLE-FAMILY DWELLING shall comply with the following standards.
(a) It complies with the minimum floor area requirements of this code for the zone in which it is located.
(b) It has a minimum dimension across every front, side, and rear elevation of 26 feet and complies in all respects with the city building regulations, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction which are different than those imposed by the city building regulations, then and in that event such federal or state standard or regulations shall apply.
(c) It is firmly attached to a permanent foundation constructed on the site in accordance with the city building regulations and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building regulations for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer’s setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.
(d) In the event that a dwelling is a mobile home, as defined herein, each mobile home shall be installed with the wheels removed. Additionally no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.
(f) The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.
(g) The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof over-hang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; and contains steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same. The compatibility of design and appearance shall be determined in the first instance by the Chief Inspector upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of said Zoning Inspector’s decision. Any determination of compatibility shall be based upon the standards set forth in this definition of “dwelling”, as well as the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within the neighborhood of the subject dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
(h) The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
(i) The dwelling complies with all pertinent building and fire regulations; and all dwellings shall meet or exceed all applicable roof snow load and strength requirements. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the Manufactured Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. Part 3280, and as from time to time such standards may be amended.
(j) The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinances of the city pertaining to such parks.
(k) All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable city building regulations and requirements.
(3) DWELLING, TWO-FAMILY. A detached family dwelling is that occupied by two families, each provided with separate facilities for each family for living accommodations. Also, known as a DUPLEX DWELLING. Such dwellings shall conform in all other respects to the standards set forth in division (2) above of this definition, DWELLING, SINGLE-FAMILY.
(4) DWELLING UNIT. Any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence, or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, mobile home, motor home automobile chassis, tent, or other portable building be considered a dwelling in a single-family, two-family, or multiple-family residential area. In cases of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.
(5) EFFICIENCY UNIT. A dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room containing not less than 350 square feet of floor area.
(6) HIGH RISE APARTMENT FOR ELDERLY PERSONS. A building used as a multiple dwelling for persons where one member of the family is 62 years of age or over, and where the maximum living space per unit does not exceed 450 square feet for an efficiency unit, 525 square feet for a one bedroom unit, and 750 square feet for a two bedroom unit, except for necessary management staff living on the premises; being four stories or more in height and containing 18 or more dwelling units, with all stories served by a passenger elevator or other mechanical lifting device. (See also § 153.440.)
ERECTED. Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like shall be considered a part of erection.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or public authorities, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collections, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrant, or other similar equipment and accessories in connection therewith, not including buildings, as shall be reasonably necessary for the furnishing of adequate services by public utilities, or public authorities, or for the public health, safety, or general welfare, but it shall not be deemed to include buildings, public lines supported by towers or frameworks consisting of two or more supporting poles carrying such lines.
FAMILY.
(1) Includes the following:
(a) One or more persons living together and interrelated by bonds of consanguinity, marriage, or legal adoption, and occupying the whole or part of a dwelling unit as a single housekeeping unit. A
FAMILY shall be deemed to include domestic servants, gratuitous guests, and not more than four foster or boarded children who are sponsored or whose room and board is paid by a recognized child care agency or organization. A FAMILY shall also be deemed to include not more than six persons occupying the dwelling unit and living together as a single nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, being 42 U.S.C. §§ 3601 et seq.
(b) A group of not more than three persons, who need not be related by bonds of consanguinity, marriage, or legal adoption, living together as a single housekeeping unit, as distinguished from individuals occupying a hotel, club, boarding house, rooming house, fraternity, or sorority house. The group living in the dwelling unit must occupy such dwelling unit in the same manner as a dwelling occupied by a
FAMILY defined in division (a) above of this definition.
(2) An affirmative finding that any one or more of the following criteria exists shall create a rebuttable presumption that the group occupying the dwelling unit is not a
FAMILY:
(a) Bedroom doors that can be locked on the exterior and interior sides of the door;
(b) More than one mailbox provided per group; or
(c) Bedroom doors designated by number or letter.
FENCE. A permanent or temporary barrier enclosing or bordering a plot of land or portion thereof composed of suitable human-made materials for the purpose of preventing or controlling entrance or to confine within or to make a boundary. A wall would also be considered a FENCE for purposes of this chapter.
(1) CLOSED CONSTRUCTION FENCE. A fence in which the ratio of the closed portion to the open portion is more than one to one (1:1) per foot.
(2) HEDGE. A series of bushes, shrubs, or evergreen trees planted or grown in a compact and continuous line.
(3) OPEN CONSTRUCTION FENCE. A fence in which the ratio of the open portion to the closed portion is at least one to one (1:1) per foot.
FLOOD-INTERMEDIATE REGIONAL. A flood having a 1% chance of occurring in any given year.
FLOOR AREA.
(1) FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The FLOOR AREA of a building, which is what this normally is referred to as, shall include the basement floor area when more than one-half of the basement height is above the established curb level or finished lot grade, whichever is higher. (See BASEMENT definition.) Any space devoted to off-street parking or loading shall not be included in FLOOR AREA. Areas of basements, utility rooms, breezeways, unfinished attics, porches (enclosed or unenclosed), or attached garages are not included.
(2) FLOOR AREA, USABLE. The measurement of USABLE FLOOR AREA shall include that portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used for storage of merchandise, utility, or mechanical equipment rooms, or sanitary facilities. In the case of a half story, the usable floor area shall be considered to be only that portion having a clear height above it of four feet or more. (See Appendix, § 1, entitled “Floor Area Terminology”.)
(3) GROSS LEASABLE AREA (GLA). The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is all the floor area on which tenants pay rent.
FLOOR AREA RATIO (FAR).
(1) The ratio between the maximum allowable amount of floor space on all floors in a building and the total area of the lot on which the building is located. Floor area shall include all the floor areas of all the floors of a building or buildings on the lot, measured from the exterior faces of exterior walls or from the centerlines of party walls and shall include elevator shafts and stairwells at each floor, interior balconies, and mezzanines, and enclosed porches, but need not include the following areas:
(a) Areas below the first story or ground floor not used for living room, dining room, kitchen, or sleeping accommodations;
(b) Attic space providing structural headroom of less than seven feet, six inches;
(c) Unenclosed steps;
(d) Any floor area devoted exclusively and permanently to noncommercial recreational use, but not to exceed 15% of the entire floor area of the building;
(e) Any floor area, on or above the first or ground floor, devoted exclusively and permanently to the housing of building service equipment, including heating, air conditioning, mechanical, electrical, or similar equipment;
(f) Exterior terraces, balconies, and mezzanines, breezeways, and open porches;
(g) Any space devoted exclusively to off-street parking or loading when said space is an integral part of a principal building unless said building is a parking structure; and
(h) Floor spaces which are not more than 20 feet above established grade and in accessory parking structures.
(2) Example: a
FAR of 2.0 would allow floor space of twice the lot area, or a four-story building covering one-half of the lot. An FAR of 0.5 would allow floor space of one-half the lot area, or a two-story building covering one-quarter of the lot. (See Appendix A, § 2, entitled “Floor Area Ratio (FAR)”.)
FOLDING TENT TRAILER. A canvas folding structure, mounted on wheels and designed for travel and vacation use.
FOOD. When used in connection with restaurant facilities shall include frozen desserts and non-alcoholic beverages.
FRONTAGE. The distance along the front lot line.
GARAGE.
(1) GARAGE, COMMUNITY. A one-story building or structure used for the storage of three or more automobiles of two or more occupants of property in the vicinity and containing no public repair or service facilities.
(2) GARAGE, PRIVATE. An accessory building or structure or a part of a principal building used for the storage of motor vehicles and containing no public repair or service facilities.
(3) GARAGE, PUBLIC. A building or part thereof used for the repairing of motor vehicles or parts thereof.
(4) GARAGE, STORAGE. A building or structure, one or more stories in height, used for the storage of motor vehicles and in which such services may be conducted as are permitted for an automobile service station, except where such services conflict with other laws.
GRADE. A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
GREENBELT. An area of land used as a buffer to screen or separate uses or lessen noise levels, which is planted and maintained in accordance with § 153.081 of this chapter.
HEIGHT, BUILDING. The vertical distance from the established sidewalk grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for mansard roofs and to the mean height level between the eaves and ridge for gabled, hip, or gambrel roofs. For buildings set back from the street line, the HEIGHT of the building may be measured from the average elevation of the finished grade along the front of the building, provided such average elevation shall not exceed the established sidewalk grade at the center of the front of the building by more than one inch for each foot the building sets back from the front lot line. When a building faces more than one street, the HEIGHT shall be measured from the average of the grades at the center of each street front. (See Appendix A, § 3, entitled “Building Height Requirements”.)
HISTORIC DISTRICT.
(1) ALTERATION. Work that changes the detail of a resource but does not change its basic size or shape.
(2) CENTER. The Michigan Historical Center, formerly the Michigan Bureau of History of the Michigan Department of State.
(3) CERTIFICATE OF APPROPRIATENESS. The written approval of a permit application for work that is appropriate and that does not adversely affect a resource.
(4) COMMISSION. A historic district commission created by the City Council pursuant to the Local Historic Districts Act, Public Act 169 of 1970, being M.C.L. §§ 399.201 et seq.
(5) COMMITTEE. A historic district study committee appointed by the City Council pursuant to the Local Historic Districts Act, Public Act 169 of 1970, being M.C.L. §§ 399.201 et seq.
(6) DEMOLITION. The razing or destruction, whether entirely or in part, of a resource and includes, but is not limited to, demolition by neglect.
(7) DEMOLITION BY NEGLECT. Neglect in maintaining, repairing, or securing a resource that results in deterioration of an exterior feature of the resource or the loss of structural integrity of the resource.
(8) DENIAL. The written rejection of a permit application for work that is inappropriate and that adversely affects a resource.
(9) HISTORIC DISTRICT. An area, or group of areas not necessarily having contiguous boundaries, that contains one resource or group of resources that are related by history, architecture, archaeology, engineering, or culture.
(10) HISTORIC PRESERVATION. The identification, evaluation, establishment, and protection of resources significant in history, architecture, archaeology, engineering, or culture.
(11) HISTORIC RESOURCE. A publicly or privately owned building, structure, site, object, feature, or open space that is significant in the history, architecture, archaeology, engineering, or culture of this state, or the city, or of the United States.
(12) NOTICE TO PROCEED. The written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to a finding under § 153.538(D).
(13) OPEN SPACE. Undeveloped land, a naturally landscaped area, or a formal or human-made landscaped area that provides a connective link or a buffer between other resources.
(14) ORDINARY MAINTENANCE. For the purposes of this chapter, keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition. ORDINARY MAINTENANCE does not change the external appearance of the resource except through the elimination of the usual and expected effects of weathering. ORDINARY MAINTENANCE does not constitute work for purposes of the Local Historic Districts Act, Public Act 169 of 1970, being M.C.L. §§ 399.201 et seq., as amended.
(15) PROPOSED HISTORIC DISTRICT. An area or group of areas not necessarily having contiguous boundaries, that has delineated boundaries and is under review by a committee or a standing committee for the purpose of making a recommendation as to whether it should be established as a historic district or added to an established historic district.
(16) REPAIR. For the purposes of this chapter, to restore a decayed or damaged resource to a good or sound condition by any process. A REPAIR that changes the external appearance of a resource constitutes work for purposes of the Local Historic Districts Act, Public Act 169 of 1970, being M.C.L. §§ 399.201 et seq., as amended.
(17) RESOURCE. One or more publicly- or privately-owned historic or nonhistoric buildings, structures, sites, objects, features, or open spaces located within a historic district.
(18) STANDING COMMITTEE. A permanent body established by the City Council pursuant to the Local Historic Districts Act, Public Act 169 of 1970, being M.C.L. §§ 399.201 et seq., as amended, to conduct activities of a historic study committee on a continuing basis.
(19) WORK. Construction, addition, alteration, repair, moving, excavation, or demolition.
HOME, TOURIST. A dwelling which offers sleeping accommodations in less than ten rooms to transient guests for compensation. See definition of BOARDING HOUSE, TOURIST HOUSE.
HOME OCCUPATION. Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, and which does not endanger the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards, and the like, involved in or resulting from such occupation, professions, or hobby. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupations; that such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customarily in residential areas. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, kennels, millinery shops, restaurants, and child care day nurseries, among others, shall not be deemed to be HOME OCCUPATIONS.
HOMELESS SHELTER. A building with sleeping and bath facilities used for temporary occupancy by persons without an identified place of residence.
HOSPITAL. A building, structure, or institution in which sick or injured persons, primarily inpatients, are given medical or surgical treatment and operating under license by the Department of Public Health, State of Michigan.
HOTEL. A facility containing ten or more guest rooms and offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
KENNEL, DOG. Any lot or premises on which dogs are kept for any commercial purpose, including, but not limited to, boarding, breeding, and training.
KENNEL/PEN FOR DOG OR ANIMAL. An enclosed area or pen, which may or may not include a structure, where dogs or other domesticated animals are confined when outdoors. Said enclosed area or pen shall be constructed to mean a fence surrounding a yard.
JUNK. Any motor vehicles, machinery, appliances, products, or merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated, or are in a condition which cannot be used for the purpose for which the product was manufactured.
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 or unloading merchandise or materials, and having direct and unobstructed access to a public street or alley.
LOT. A parcel of land consisting of one or more lots of record occupied or intended to be occupied by a principal building or use and any accessory buildings or by any other use or activity permitted thereon and including the open spaces and yards required under this chapter, and having its frontage upon a public street or road either dedicated to the public or designated on a recorded subdivision. Provided that the owner of any number of contiguous lots may have as many of said contiguous lots considered as a single lot for the purpose of this chapter as he or she so elects and in such case the outside perimeter of said group of lots shall constitute the front, rear, and side lot lines thereof. This latter parcel is then often referred to as a ZONING LOT.
(1) 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, form an interior angle of less than 135 degrees. (See Appendix A, § 4, entitled, “Corner, Interior, and Double Frontage Lots”.)
(2) LOT, DOUBLE FRONTAGE. A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of DOUBLE FRONTAGE LOTS, one street will be designated as the front street for all lots in the plat and in the request for a certificate of occupancy permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where the majority of the buildings presently front.
(3) LOT, INTERIOR. A lot other than a corner lot with only one lot line fronting on a street.
(4) LOT, SUB. A portion of a platted lot on which a dwelling with common party walls may be constructed and separately conveyed subject to compliance with §§ 153.400 through 153.406, PDD - Planned Development District, of this chapter.
LOT AREA, GROSS. The net lot area plus one-half the area of that right-of-way directly adjacent to or abutting any side of the lot, except street frontage, plus any portion of adjoining public lands deemed proper to be included by the City Planning Commission.
LOT AREA, NET. The total horizontal area within the lot lines of a lot.
LOT COVERAGE. The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, and swimming pools.
LOT DEPTH. The mean horizontal distance from the center of the front street line to the center of the rear lot line.
LOT LINES. Any line dividing one lot from another or from a street right-of-way or any public place.
(1) LOT LINE, FRONT. In the case of an interior lot abutting on one public or private street, the line separating the lot from such street right-of-way. In the case of a corner or double frontage lot, the FRONT LOT LINE shall be that line separating said lot from that street which is designated as the front street in the plat and/or in the request for a certificate of occupancy.
(2) LOT LINE, REAR. The lot boundary line which is opposite and most distant from the front lot line. In the case of a lot with side lot lines diverging or converging toward the rear, the REAR LOT LINE shall be a line drawn parallel to the front lot line not less than 20 feet long lying farthest from the front lot line but wholly within the lot and so located that a perpendicular can be drawn from it to some point on the principal building.
(3) LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear 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 lot line.
LOT OF RECORD. A lot the dimension and configuration of which are shown on a map recorded in the office of the Register of Deeds for the county, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or land surveyor (so registered and licensed in the state) and likewise so recorded and on a file with the county.
LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines.
MARQUEE. A permanent roofed structure attached to and supported by the building and projecting over public property.
MASSAGE PARLOR. Any place or establishment where a massage is made available. A massage is any method of treating the superficial parts of a patron for medical, hygienic, exercise, or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or any instrument, or by the application of air, liquid, or vapor baths of any kind whatever.
MOBILE HOME. 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. MOBILE HOME does not include a recreational vehicle. (See M.C.L. §§ 125.2301 et seq.)
MOBILE HOME PARK. A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a mobile home and which is not intended for use as a temporary trailer park. (See M.C.L. §§ 125.2301 et seq.)
MODULAR HOME OTHER THAN MOBILE HOME. A unit which requires being transported to the site separately in two or more sections, and to which such major elements as the heating system or a substantial portion of the siding are installed after transport, and shall not be considered a mobile home.
MONOPOLE TOWER. A telecommunications tower consisting of a single pole, constructed with guy wires or ground anchors.
MOTELS or MOTOR COURTS. A building containing ten or more guest rooms, each of which maintains a separate outside entrance, designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to each sleeping room.
MOTOR HOME. A self-propelled motorized vehicular unit primarily designed for travel and/or recreational usage, which also contains facilities for cooking and for overnight lodging. This term does not apply to mobile homes.
MUNICIPAL PARK. A parcel of land that is used as a park and is operated under the supervision of the city.
NONCONFORMING USE OR BUILDING.
(1) NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and which does not conform to the provisions (e.g., setbacks, height, lot coverage, parking) of this chapter in the zoning district in which it is located. (See Appendix A, § 5, entitled “Nonconforming Use”.)
(2) NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located. (See Appendix A, § 5, entitled “Nonconforming Use”.)
NURSERY SCHOOL, DAY NURSERY, or CHILD CARE CENTER. An establishment wherein three or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are for remuneration cared for. Such schools or centers need not have a resident family on the premises.
OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used.
OCCUPANCY LOAD. The number of individuals normally occupying the building or part thereof, or for which the existing facilities have been designed.
OCCUPIED. Arranged, designed, built, altered, converted to, rented, leased, or intended to be inhabited, not necessarily for dwelling purposes.
OFF-STREET PARKING LOT. A structure providing vehicular parking spaces along with adequate drives and aisles. Adequate maneuvering space shall be provided which allows unrestricted access and egress plus on-site storage space for at least two vehicles.
OPEN AIR BUSINESS USES. Includes the following business uses:
(1) Retail sales of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;
(2) Retail sale of fruit and vegetables;
(3) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, and/or similar recreation uses;
(4) Bicycle, utility truck or trailer, motor vehicles, boats or home equipment sales, or rental or repair services; and
(5) Outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.
ORDINANCE. The same as the term “code”, “zoning code”, or “zoning ordinance” of the city as used herein.
OUTLOT. A parcel of land which must be designated on a recorded plat as an OUTLOT before it may be legally considered as such.
OWNERSHIP, SINGLE AND SEPARATE. Ownership by a person or by two or more members of the same family of a lot parcel of land which is completely isolated from any other property held by the same person or persons.
PARKING SPACE. An area for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances, or exits, and being fully accessible from a street or alley for the storage or parking of self-propelled vehicles.
PENAL AND CORRECTIONAL INSTITUTIONS. Prisons, jails, and associated correctional institutions and facilities in which varying degrees of security are required for the incarceration and confinement of convicted prisoners.
PERMIT. The written authority issued by the Chief Inspector permitting the construction, removal, moving, alteration, use, change of use or otherwise involving a building and/or parcel of land. (See also definition of BUILDING PERMIT.)
PICKUP CAMPER. A recreational unit designed to be mounted on a pickup or truck chassis and with sufficient equipment to render suitable for use as temporary lodging for travel, recreation and vacation uses.
PLAZA. An open area accessible to the public, which is either an open area along the front lot line not less than five feet deep, measured perpendicular to the front lot line, or an open area on a through lot, extending from the street and not less than 40 feet wide. A PLAZA shall not at any point be more than five feet above the curb level of the nearest adjoining street and shall be unobstructed from its lowest level to the sky.
PORCH, ENCLOSED. A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral room with the principal building or structure to which it is attached.
PORCH, OPEN. A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
PUBLIC NOTICE. A notice of the time, place, and purpose of a public hearing, which notice, except where otherwise expressly provided herein, shall be published in a newspaper having general circulation in the city.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under municipal or state regulation to the public transportation, including railroad trackage, water, gas, electricity, telephone, steam, telegraph, cable television, or sewage disposal.
PUBLIC UTILITY SUBSTATION. Any building or structure, not located within a street or alley, essential to the distribution of service and operation of the above-described public utilities which is not located on the same site as the principal utility.
RECREATIONAL SPACE.
(1) For use in determining recreation space ratio compliance, the minimum required
RECREATIONAL SPACE shall include only that part of the ground area of a lot which:
(a) Is devoted to outdoor recreational space, outdoor swimming pools, greenery, or service space for household activities which are normally carried on outdoors;
(b) Is not devoted to private roadways open to vehicular transportation, access drives, accessory off-street parking space or aisles, or accessory off-street loading berths;
(c) Contains no structures on the ground except:
1. Open porches;
2. Terraces;
3. Recreational or drying yard equipment;
4. Arbors, trellises, walls or fences, bird baths, ornamental features, window boxes, or other planting boxes; and
5. Flagpoles.
(d) Is accessible to the occupants of all dwelling units within the structure;
(e) Is located in a side or rear yard and has a minimum dimension of 18 feet if the development it is serving has nine or fewer dwelling or rooming units, or is so located and has a minimum dimension of 25 feet if the development it is serving has ten or more dwelling or rooming units. All required
RECREATIONAL SPACES shall comply with the minimum dimension described above and said dimension shall be measured along a perpendicular drawn from any point on one side of the recreational space to the opposite side; and
(f) Is unobstructed between the ground and the sky, except that not more than 25% of the total
RECREATIONAL SPACE provided on any lot may be roofed, and in such case not more than 50% of the perimeter of the roofed section shall be enclosed. The City Planning Commission may modify the provisions of this division (1)(f) when said modification may be accomplished without substantially deviating from the spirit, intent, and purpose of this chapter.
(2) RECREATIONAL SPACE on a roof, or private balcony, private patio, or similar private area may be substituted for ground recreational space in accordance with the following.
(a) Substitution of roof space. Each square foot of RECREATIONAL SPACE on a roof may be substituted for one square foot of ground of recreational space provided the following conditions are met.
1. Minimum dimension. Such RECREATIONAL SPACE on a roof shall have a minimum dimension of 15 feet, measured from inside of parapet or railing to inside of parapet or railing, or to the exterior face of any wall or other obstruction projecting above roof level.
2. No obstructions. Such RECREATIONAL SPACE on a roof shall be free of all obstructions, except for arbors, trellises, flagpoles, plumbing or air vents, or recreational or clothes drying equipment.
3. Design and safety precautions. Such RECREATIONAL SPACE on a roof shall be suitably surfaced and shall be protected by a parapet or railing in accordance with the safety regulations of the building regulations.
4. Accessibility. Such RECREATIONAL SPACE shall be accessible to the occupants of all dwelling units within the structure.
(b) Substitution of private balcony, private patio, or similar private area. Each square foot of RECREATIONAL SPACE on a private balcony, private patio, or similar private area, as determined by the Chief Inspector, may be substituted for one square foot of ground or roof recreational space provided the following conditions are met
1. Minimum dimension and area. Such areas shall have a minimum dimension of four feet six inches, measured perpendicularly from one side to the other side, and a minimum net area of 22.5 square feet.
2. No obstructions. Such areas shall be free of all obstructions, except arbors, trellises, window boxes, or other planting boxes, awnings or canopies, and recreational or clothes drying equipment.
3. Safety precautions. Such areas shall be protected in accordance with the safety regulations of the building regulations.
(3) Provided, that at least 50% of the total required
RECREATIONAL SPACE shall be accessible to all residents and shall be provided on the ground or roof, and further provided, that when a portion of the recreational space is provided on a private balcony or similar area, the minimum dimension of the required ground or roof space may be adjusted by the City Planning Commission when this can be accomplished without deviating from the spirit, intent, and the purpose of this chapter. In no instance, however, shall the minimum ground of roof dimension be less than 12 feet.
RECREATIONAL SPACE RATIO (RSR). The ratio between the minimum allowable amount of recreation space on a lot in relation to the gross floor area of all existing and proposed structures on said lot. Example: An RSR of .085 would require, for a multiple residential structure having 50,000 square feet of gross floor area, a total of 4,250 square feet of recreation space on the same lot.
RESTAURANT. See DRIVE-IN ESTABLISHMENT above.
RETAINING WALL. A permanent solid barrier of brick, stone, wood, or other opaque material approved by the Chief Inspector intended to enclose an area. For the purpose of this chapter, all supporting members, posts, stringers, braces, pilasters, or other construction features of a RETAINING WALL shall be located and placed on the inside of the wall away from public view. All RETAINING WALLS, moreover, shall be constructed and/or painted, tinted, or colored in one color only for their exterior surface, and no sign or advertising shall be placed, affixed, painted, or designed thereon.
ROOMING HOUSE. Any building containing more than two and less than ten rooms that are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. The term ROOMING HOUSE shall include lodging house and boarding house, but not tourist home, automobile court, hotel, motel, or dwelling.
SALE, RUMMAGE, INCLUDING GARAGE SALE, YARD SALE, BASEMENT SALE. A temporary sale of used personal items.
SETBACK. The minimum horizontal distance required to exist between the front line of the building, excluding steps or unenclosed porches and the front street or right-of-way line. The required SETBACK area is that area encompassed by the respective lot lines and setback lines. (See Appendix A, § 6, entitled “Yard Requirements”.)
SIGN. Any interior or exterior device, structure, or part of a building or structure which directs attention to an object, product, place, service, activity, person, institution, organization, or business which, except as otherwise provided, is visible from any public thoroughfare, sidewalk, alley, or public property. The definition does not include, unless otherwise indicated, signs primarily directed at persons within the premises of the sign owner. Neither does it include signs the total area of which is less than one square foot. The term SIGN shall include, but not be limited to, any printed or written text, pictorial representation, numeral, emblem, banner, or pennant.
SIGN AREA. This term or other reference to square measure is the entire area within one or more circles, triangles, or quadrilaterals or combination thereof enclosing the extreme limits of the sign together with any frame, other material, or other color forming an integral part of the display or used to differentiate it from the background against which it is placed. The definition does not include the supporting structure necessary for the erection or attachment of the sign. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign. However, where two sign faces are erected back to back only the larger of the two faces shall be included in determining the SIGN AREA.
SIGN FACE. Surface of a sign exposed to the view of the public carrying a sign message.
SIGN, IDENTIFICATION. A sign limited to carrying any or all of the following: name; address; major enterprise; or principal product or service offered.
SIGN, OFF-SITE. A sign other than an on-site sign.
SIGN, ON-SITE. A sign indicating the name, occupation, nature of activities conducted, services or goods offered, or the products manufactured on the premises where the sign is located.
SIGN, PUBLIC. Signs of a noncommercial nature and in the public interest erected by or on the order of a public officer or body in the performance of the public duty. The definition includes, but is not limited to, a governmental building identification sign, safety sign, danger sign, trespassing sign, traffic sign, memorial plaque, or a historical interest sign.
SIGN, SPECIAL PURPOSE TEMPORARY. A temporary sign other than those described in § 153.155(A) through (G).
SIGN, TEMPORARY. A display, informational sign, banner, or other advertising device not constructed for long term use and intended for a limited period of display, including any sign which can be physically lifted, pulled, or wheeled from one location to another.
SOLAR COLLECTION. A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure’s energy supply.
SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). PASSIVE SOLAR ENERGY SYSTEMS are included in this definition but not to the extent that they fulfill other functions such as structural and recreational.
STORY. The portion of a building, other than a mezzanine, included between the surface of a floor and the upper surface of the floor next above, or if there be no floor above, then the space between the floor and the top of the ceiling joists, or, where there is not a ceiling, to the top of the roof rafters. (See Appendix A, § 7, entitled “Basement and Story Illustration”.)
(1) BASEMENT. Counted as a story if over 50% of its height is above the level from which the height of the building is measured, or, if it is used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same. (See the definition of BASEMENT and Appendix A, § 7, entitled “Basement and Story Illustration”.)
(2) HALF. The part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half of the floor area of said full story, provided the area contains at least 200 square feet with a clear height of at least seven feet and six inches. (See Appendix A, § 8, entitled “Basic Structural Terms”.)
(3) MEZZANINE. A MEZZANINE FLOOR may be used in the definition of a full story when it covers more than 50% of the area of the story underneath said MEZZANINE, or, if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
STREET. A thoroughfare or way having 30 feet or more of right-of-way or easement width, other than an alley, for the use of the public and/or open to public travel. A PUBLIC STREET is a street accepted by dedication or otherwise by the city. A PRIVATE STREET or PRIVATE DRIVE is a street not so accepted, or any street designated as a private street upon a recorded plat.
STRUCTURE. Anything erected or constructed, such as a building, edifice, or structural formation of any kind, including improved parking lots, which requires permanent location on the ground or attachment to something having such location, and which is artificially built up or composed of parts joined together in some definite manner.
SWIMMING POOL. Any structure or container whether located 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 building for the purpose of determining required yard spaces and maximum lot coverage.
TELECOMMUNICATIONS FACILITY. Refers to antennas and towers, either individually or together.
TEMPORARY BUILDINGS OR PORTABLE STORAGE CONTAINERS. Temporary buildings or portable storage containers considered incidental to construction work or designed or constructed to ship, store or handle bulk goods or items, or which are substantially similar to such containers in appearance. These include portable office trailers or reusable steel boxes, cargo containers, shipping containers, MODS/PODS, Conex boxes and similar containers designed for use in parking, shipping, and storage of freight, articles of goods or commodities. These are generally capable of being mounted or moved by truck trailer, rail car or loaded on a ship. TEMPORARY BUILDINGS OR PORTABLE STORAGE CONTAINERS are a permitted use in all zoning districts for the time limits and under an issued permit as specified in accordance with § 153.491.
TENT. A shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and shall not include those types of tents used solely for children’s recreational purposes.
TOWER. A structure, such as a lattice tower, guy tower, or monopole tower constructed as a freestanding structure or in association with a building, other permanent structure, or equipment on which is located one or more antennas intended for transmitting or receiving analog, digital, microwave, cellular telephone, personal wireless service, or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.
TRAFFICWAYS PLAN. Any maps, charts, plans, or regulation governing the location, width and other features of major and secondary trafficways.
TRAILER COACH. See definition of MOBILE HOME.
TRAVEL TRAILER. A portable, non-motorized vehicular unit primarily designed for travel and/or recreational usage, also containing facilities for overnight lodging. This term also includes “fifth wheels”, but not mobile homes.
USE. The purpose for which land or premises of a building thereon is designed, arranged, intended, or for which it is occupied, maintained, let, or leased.
(1) ACCESSORY. A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.
(2) ILLEGAL NONCONFORMING. An existing use of land and structures as of the effective date of this chapter construed as a nuisance or damaging to abutting property or hazardous to persons; such uses to be discontinued and abated. (See Appendix A, § 5, entitled “Nonconforming Use”.)
(3) LEGAL NONCONFORMING. An existing use of land and/or structures as of the effective date of this chapter which does not conform to the uses specified as permitted in a district, but which is not construed by this chapter as a nuisance, or damaging to abutting property, or hazardous to persons.
(4) PUBLIC. Any use financed by public funds and operated as part of the governmental function, including any proprietary activities operated by the city.
(5) QUASI-PUBLIC. Any use operated by a private individual or group for public purpose, but having only limited public control or accessibility. The term QUASI-PUBLIC shall not include hospitals or any institution for the care of mental disorders or the treatment of alcoholics or drug addicts.
UTILITY ROOM. A room in a dwelling, not located in the basement, the use of which is primarily for storage or for a housing heating unit, or for laundry purposes.
VARIANCE. A VARIANCE granted by the Board of Appeals on Zoning is a modification of the literal provisions of this chapter which is granted when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted. Hardships based solely on economic considerations are not grounds for a VARIANCE.
VETERINARY CLINIC. An enclosed building wherein small animals such as dogs, birds, cats, or other household pets are given medical or surgical treatment, and use as a boarding kennel is limited to short-time boarding incidental to clinic use. Such clinics are only those under the direction of a licensed veterinarian registered with the county and constructed in such a manner that noise and odor outside of the building are completely eliminated.
YARD, REQUIRED SIDE-REAR-FRONT. An open space of prescribed width or depth, adjacent to a lot or property line, on the same land with a building or group of buildings, which open space lies in the area between the building or group of buildings, and the nearest lot line and is unoccupied and unobstructed from the ground to the sky, except as otherwise provided herein. (See Appendix A, § 9, entitled “Lot Terms”, and § 6, entitled “Yard Requirements”.)
(1) FRONT. An open space extending the full width of a lot and of a depth measured horizontally at right angles to the front property line, lot line, or right-of-way line.
(2) REAR. An open space extending the full width of a lot and of a depth measured horizontally at right angles to the rear property line, lot line, or right-of-way line, except as otherwise provided in this chapter.
(3) SIDE. An open space extending on each side of the lot from the required front yard to the required rear yard, and of a width measured horizontally at right angles to the respective side property line, lot line, or right-of-way line.
YARD, SIDE-REAR-FRONT. A general term applied to the space on a lot or parcel containing a building or group of buildings, lying between the building or group of buildings and the nearest respective lot or property line facing each building. (See Appendix A, § 9, entitled “Lot Terms”.)
(Prior Code, § 153.021) (Ord. D-1418, §§ 203 through 299.25, passed 11-22-1982, effective 1-21-1983; Ord. D-1439, passed 10-17-1983, effective 10-27-1983; Ord. D-1621, passed 10-1-1990, effective 10-11-1990; Ord. D-1645, passed 10-7-1991, effective 10-17-1991; Ord. D-1654, passed 4-27-1992, effective 5-7-1992; Ord. D-1656, passed 5-4-1992, effective 5-14-1992; Ord. D-1679, passed 11-9-1992, effective 11-19-1992; Ord. D-1880, passed 11-20-2000, effective 11-30-2000; Ord. D-1912, passed 12-31-2001, effective 1-10-2002; Ord. O-10, passed 8-11-2003, effective 8-21-2003; Ord. O-231, passed 12-21-2020, effective 12-31-2020; Ord. O- 253, passed 5-8-2023, effective 5-18-2023)