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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING (LOT OR PARCEL). A lot or parcel which shares a common border with the subject lot or parcel.
ACCESSORY USE, BUILDING OR STRUCTURE. A use, building or structure which is clearly incidental to, not attached to, customarily found in connection with, devoted exclusively to, subordinate to, and located on the same lot as the principal use to which it is related.
ADJACENT (LOT OR PARCEL). A lot or parcel which abuts or which is directly across a street right-of way from any lot or parcel line of the subject lot or parcel.
ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
ALTERATIONS. As applied to a building or a structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another.
AMUSEMENT AND RECREATION SERVICES. A commercial operation that offers rides, games, entertainment or similar activities to patrons for compensation.
AMUSEMENT ARCADE. Any place of business or establishment containing four or more coin- operated amusement devices.
APARTMENT. A dwelling unit within a building containing other dwelling units or commercial tenant spaces.
ART GALLERY. A retail establishment offering the display, production and/or sale of art.
ATTIC. The unfinished space found directly between a pitched or flat roof and the ceiling of the uppermost finished section of a building.
AUTOMOTIVE SERVICES. A facility for the sale of automotive parts, tools, or accessories and the repair, sale, or rental of motorcycles, passenger vehicles, light duty trucks, or similar motor vehicles.
AVERAGE GRADE. See GRADE, AVERAGE.
BASEMENT. The portion of a building used for living space or storage that is partly or wholly below finished grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as story (see Appendix, Figure 1). A cellar is a basement.
BED AND BREAKFAST ESTABLISHMENT. A residential structure occupied by the owner(s) or resident manager, which has sleeping rooms available for rent by transient people on a short-term basis.
BERM. A mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual and/or audible screening purposes.
BILLIARDS, POOL HALL. A commercial establishment containing pool tables or billiards games available for use for compensation to the establishment owner.
BOAT, COMMERCIAL. Any vessel used for the purpose of generating revenue, excepting vessels leased or chartered to others for non-revenue generating purposes. Also, any vessel, such as, but not limited to a tugboat or freighter, used for commercial purposes without regard to the carrying capacity.
BOAT, RECREATIONAL. Any vessel used by the owner or lessee thereof for a non-revenue generating purpose. Also, any vessel leased, rented or chartered to another for the latter’s non-commercial use.
BOWLING ALLEY. A commercial establishment containing one or more long, narrow lanes or alleys for the game of tenpin or similar game.
BREWERY, DISTILLERY, AND WINERY. The means of producing alcoholic beverages out of fruit, grain, or other products by the means of distillation of fermentation into a consumable product for resale.
BUFFER ZONE. A strip of land reserved for plant material, berms, walls or fencing, or combination thereof, to serve as a visual and/or sound barrier between properties.
BUILDABLE AREA. The net lot area, less areas subject to flooding, permanent water bodies, watercourses, land encumbered by easements, required setbacks and Michigan Department of Environmental Quality and Michigan Department of Natural resources regulations.
BUILDING. Any structure, either temporary or permanent, having a roof supported by columns, walls, or any other supports, which is used for the purpose of housing, sheltering, storing or enclosing persons, animals or personal property, or carrying on business activities.
BUILDING INSPECTOR. An individual appointed by the City Council delegated to administer the Building Code.
BUILDING LINE. See SETBACK.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use(s) of the lot on which the building is located.
BULKHEAD. A wall or restraining structure constructed along a waterway to prevent the earth behind it from sliding or eroding. A BULKHEAD may constitute a pier, dock or quay for mooring watercraft.
BUSINESS, PROFESSIONAL OFFICES. A building, or portion of a building, occupied by an establishment in which a person or persons offer a professional service for a fee or charge including but not limited to: offices for finance, insurance and real estate functions, legal services, engineering, architectural and planning services, accounting, auditing and bookkeeping services, and professional medical services such as, but not limited to doctors offices, dental office or physical therapy.
CELLAR. See BASEMENT.
CERTIFICATE OF OCCUPANCY. A document signed by the Building Inspector as a condition precedent to the commencement of a use or the construction/reconstruction of a structure or building which acknowledges that the use, structure or building complies with the provisions of this chapter.
CHARTER FISHING TOUR. A commercial establishment where individuals offer compensation to be taken by boat into nearby bodies of water to catch fish.
CHURCHES and SYNAGOGUES. See RELIGIOUS FACILITY.
CITY. The City of Saugatuck, a chartered municipal corporation.
CLUB, LODGE, CHARITABLE OR CIVIC ORGANIZATION. An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or the like, but not for profit, and without payment of dividends to members. Activities associated with these entities include traditional civic activities such as but not limited to: meetings, community hall rental for private parties, fund raising sales, social events, educational activities, puppet shows and movies, veteran support, exhibitions, and other activities. The sale or distribution of alcohol and/or gambling or playing at any game of chance for money or other stakes is permitted only with a properly issued state licenses.
COMMON LAND and COMMON OPEN SPACE. A parcel or parcels of land with the improvements thereon, the use, maintenance and enjoyment of which are intended to be shared by the owners and/or occupants of the individual dwelling units in a subdivision, site condominium, planned unit development, or comparable land development type or which is to be shared by the owners and/or occupants of a commercial or industrial project in which common land and/or common open space has been provided for. Common land and/or common open space may also be made available to the general public if designated as such by the city.
COMMON PARTY WALL. A wall shared in common between abutting dwelling units, between abutting nonresidential principal structures, or between a principal structure and a garage or similar attached structure.
COMMUNITY CENTER. A facility which provides a venue for community organizations to meet, social/entertainment events for the community, and other activities of interest to and primarily for the benefit/enjoyment of the community. Such activities may include social events sponsored by, or for the benefit of, individual members of, or groups within, the community, provided that the latter does not become the principal function of the facility. Excluded from the activities that fall under this definition are trade shows and conventions, excepting, however, art shows, antique fairs and garden shows.
CONDOMINIUM PROJECT. A plan or project consisting of not less than two condominium units if established and approved in conformance with the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq., as amended.
CONDOMINIUM SUBDIVISION. A division of land on the basis of condominium ownership, which is not subject to the provisions of the Land Division Act of 1967, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq., as amended. Any condominium unit or portion thereof, consisting of vacant land shall be equivalent to the term “lot” for the purposes of determining compliance of a condominium subdivision with the provisions of this chapter pertaining to minimum lot size, minimum lot width, and maximum lot coverage.
CONDOMINIUM SUBDIVISION PLAN. The drawings attached to the master deed for a condominium subdivision which describe the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision, as well as the nature, location and size of common elements.
CONDOMINIUM UNIT. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business or recreational use as a time-share unit, or any other type of use. A CONDOMINIUM UNIT may consist of either vacant land or space which either encloses or is enclosed by a building structure.
CONTRACTOR'S STORE. A commercial establishment that offers tools and materials to those in the trades industry, including construction, electrical and plumbing.
CREST. The line at which the first lakeward facing slope of a critical dune ridge breaks to a slope of less than 18 feet for a distance of at least 20 feet, if the area extent where this break occurs is greater than 0.10 acre in size.
CULTURAL/PERFORMING ARTS FACILITY. A building or group of buildings used for the enrichment and education of the community and its visitors through means such as the presentation of live performances, plays, concerts, movies, non-commercial art galleries and exhibitions, artists’ studios. museum exhibitions, or other similar activities not listed here with the approval of the Planning Commission.
DECK. An above-ground, unroofed wood or wood substitute framed floor structure used for outdoor leisure living area, which may or may not be attached to a building.
DEED RESTRICTION. A restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the County Register of Deeds. It is binding on subsequent owners and is sometimes also known as a restrictive covenant.
DENSITY. The number of dwelling units situated on or to be developed per net or gross acre of land.
DISTILLERY. See BREWERY, DISTILLERY, AND WINERY.
DOCK. Means the same as PIER, defined herein.
DOMESTIC AND BUSINESS REPAIR ESTABLISHMENTS. A building, or portion of a building, occupied by an establishment in which a person, or persons, repair and/or restore equipment or similar items, which are not intended for resale on the premises. Domestic and business repair establishments shall not include the repair of automobile or motorized vehicles.
DREDGED MATERIAL. That material which is excavated or dredged from a body of water.
DWELLING UNIT. A dwelling unit is any building or portion thereof having independent cooking, bathing, and sleeping, facilities, which is occupied wholly as the home, residence, or sleeping place, either permanently or transiently, with an independent entrance not located within another dwelling. In no case shall a motor home, trailer coach, automobile chassis, tent, or portable building be considered a dwelling. In case 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 section and shall comply with the provisions thereof relative to dwellings. A DWELLING UNIT shall include both manufactured units (mobile homes and modular homes) and site built units. Hotels, motels, bed and breakfasts, and inns are not included in the definition of a DWELLING UNIT.
DWELLING UNIT, ACCESSORY. A dwelling unit located on the same lot as a principal use, located either within the principal use or within a detached accessory building.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof, used or designed for use, as an apartment for three or more families living independently of each other. This definition does not include mobile homes, single-family attached dwellings or two-family dwellings.
DWELLING, SINGLE-FAMILY ATTACHED. A group of two or more single-family dwelling units joined to one another by a common party wall, but not a common floor-ceiling. Each unit shall have its own outside entrance. For the purposes of this chapter, dwellings such as semi-detached, row-houses, patio- houses and townhouses shall be deemed single-family attached dwellings.
DWELLING, SINGLE-FAMILY DETACHED. A dwelling unit exclusively for use by one family which is entirely surrounded by open space or yards on the same lot and which meets the single family detached dwelling standards of the ordinance.
DWELLING, TWO-FAMILY. A detached building used or designed for use exclusively by two families living independently of each other, providing each family with its own cooking, sleeping and bathing facilities in separate dwelling units. It may also be termed a duplex or a two-flat.
EASEMENT. A grant of one or more of the property rights by a property owner to and/or for use by the public, or another person or entity.
EFFICIENCY (STUDIO). A dwelling unit of not more than one room in addition to a kitchen and a bathroom.
EQUIPMENT RENTAL AND LEASING. A commercial establishment that rents or leases tangible goods for offsite use.
ESSENTIAL PUBLIC SERVICES. Municipal fire stations and garages, police stations and garages, city offices, post offices, and public works buildings, and such accessory structures as may be necessary in conjunction therewith, and the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead telephone, cable television, gas, electrical, steam or water transmission, or distribution system, collection, communication, supply or disposal system (including towers, structures, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, electric substations, telephone substations, gas regulator stations and other similar equipment and accessories in connection therewith) reasonably necessary for the furnishing and adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare shall be considered ESSENTIAL PUBLIC SERVICES. Cellular wireless antennas/towers are not included in the definitions of ESSENTIAL PUBLIC SERVICES.
EXHIBITION SPACE. An area used for the display of art, merchandise or similar items.
FAMILY. A person living alone in a single dwelling unit or two or more persons whose domestic relationship is of a continuing, non-transient character and who reside together as a single housekeeping unit in a single dwelling unit. FAMILY does not include a collective number of individuals occupying a motel or hotel, fraternity, sorority, society, club, boarding and lodging house, or any other collective number of individuals whose domestic relationship is of a transient or seasonal nature.
FARM MARKET. A public market at which farmers and or similar vendors sell fresh produce, including but not limited to fruits, vegetables, meats, and eggs, farm products including baked goods, cheese, or honey, and other products, but no more than 20% of the number of vendor spaces can be used to sell jewelry, pottery, apparel, fine arts, or similar non-farm items.
FENCE. A structure or other object or objects, including growing plants, erected to act as a boundary marker, or erected for the purpose of restricting access to or from a lot or parcel of land, whether enclosing all or part of the lot or parcel.
FENCE, BARRIER. Fences containing barbed wire, electric charges, sharp materials at the top, or other measures to prevent entry by animals or persons.
FENCE, TEMPORARY. A fence erected for a limited time to protect a construction site from vandalism and unauthorized entry.
FINGER PIER. A pier or dock (less than four feet wide) extending at right (or similar) angles from the main pier and often located parallel with the shoreline.
(1) Any structure or item which is waterborne or is supported by means of flotation (or suspension over a river or lake), designed to be used without a permanent foundation; used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied; or which is occupied for living purposes with facilities for living and sleeping, and often cooking and eating as well. The term FLOATING HOME shall also include a "floating house," "liveaboards," "ark," "barge," and any other boat or vessel which is designed or used primarily for living or as a house, domicile or dwelling rather than for water transport or recreational purposes. The definition of FLOATING HOME can also include a "houseboat" which exhibits any of the following traits:
(a) Is over 25 feet long;
(b) Is over 15 feet in height above the water when calm;
(c) Cannot be readily propelled through the water at a speed of at least 15 miles per hour; or
(d) Is not certified by the United States Coast Guard or other government agency as a water-worthy boat or watercraft.
(2) When determining whether a boat, vessel or float is a "floating home" for purposes of this chapter, the Zoning Administrator (or such other official as the City Council may designate) shall also consider the following:
(a) Whether the structure or item is usually kept at a fixed mooring point;
(b) Whether the structure or item is actually used on a regular basis for transportation or navigation;
(c) Whether the structure or item has a permanent or continuous connection to the shore for electrical, plumbing, water, or other utility service;
(d) Whether the structure or item has the performance characteristics of a vessel typically used for navigation or transportation on water;
(e) Whether the structure or item can be readily removed from the water;
(f) Whether the structure or item is used for intermittent or extended human habitation or occupancy;
(g) Whether the structure or item clearly has a means of substantial and continuous propulsion, and appropriate power/size ratio;
(h) Whether the structure or item is safe to navigate or use for transportation purposes;
(i) Whether the structure or item has a factory or manufacturer installed and operable water propulsion system;
(j) That a structure or item could occasionally move from place to place in the water, or that it qualifies under a federal or state regulatory program as a vessel or boat, are factors that would not be determinative; and
(k) Such other factors as are relevant to determining the nature of the item or vessel at issue.
FLOOD HAZARD AREA. The area designated as a flood hazard area (100-year floodplain) on the city’s Flood Insurance Rape Map (FIRM), issued by the Federal Emergency Management Agency (FEMA), as from time to time amended.
FLOOR AREA, GROSS. The sum of all horizontal areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed and uncovered porches, court yards or patios shall not be considered as part of the gross area except where they are utilized for commercial purposes such as the outdoor sale of merchandise.
FLOOR AREA, GROSS FINISHED. The sum of all gross horizontal areas of all floors of a building or buildings measured from the inside dimensions of the inside face of the outside wall. Unenclosed and uncovered porches, court yards or patios shall not be considered as part of the GROSS FINISHED FLOOR AREA.
FLOOR AREA RATIO. A quantitative relation between the total gross floor area of a structure (minus the square footage of areas such as basements, unfinished attics, or garages) and the lot area.
FLOOR AREA, USABLE. For the purposes of computing parking requirements, building floor area shall be the usable floor area of a building. USABLE FLOOR AREA is that area to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Floor area used for the storage or processing of merchandise, hallways, stairways and elevator shafts, or for restrooms and janitorial service rooms, shall be excluded from this computation of usable floor area. USABLE FLOOR AREA shall be measured from the interior faces of the exterior walls, and total usable floor area for a building shall include the sum of the usable floor area for all floors.
FOOD AND BEVERAGE SERVICES. The offering of food and beverages as an accessory to a primary use.
FOREDUNE. One or more low linear dune ridges that are parallel and adjacent to the shoreline of a lake or river and are rarely greater than 20 feet in height. The lakeword face of a foredune is often gently sloping and may be vegetated with dune grosses and low shrub vegetation or may have an exposed sand face.
FRONTAGE, PRIMARY ENTRY. The side of the building that houses the main entrance to the business or service.
GARAGE. A building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
GASOLINE SERVICE STATIONS. A premises, or portion, occupied by on establishment engaged primarily in the retail selling of gasoline and lubricating oils directly to ultimate consumers on the premises and not for resale. GASOLINE SERVICE STATIONS may include the retail selling of minor automotive accessories or the performing of minor automotive repair work in the premises for a fee or charge provided such activities are incidental and accessory to the principal retail selling of gasoline and lubricating oils.
GRADE, AVERAGE. The arithmetic average of the lowest and highest natural grade elevations in an area within five feet of the foundation line of a building or structure (see Appendix, Figure 3).
GRADE, FINISHED. The lowest point of elevation between the exterior wall of the structure and a line five feet from the exterior wall of the structure.
GRADE, NATURAL. The elevation of the ground surface in its natural state, before man-made alterations. This is also the finished grade if it is unaltered.
GREENBELT. A planting strip or buffer strip of a definite width reserved for the placement of shrubs, trees, and/or grasses to serve as an obscuring screen, aesthetic feature and/or buffer strip in carrying out the requirements of the ordinance. In addition to the above features, a GREENBELT may also consist of berming and fencing as approved or required by the city.
GROSS SITE AREA. The total area of a site including floodplains, wetlands and waterbodies.
HEDGE. A row of bushes or shrubs used as a fence.
HEIGHT (BUILDING OR STRUCTURE). The vertical distance measured from the average grade to the highest point of flat roofs, to the deck line of mansard roofs, and the average height between eaves and the ridge of gable, hip and gambrel roofs.
HOME BUSINESS. A home occupation exhibiting a level of impact exceeding the home occupation standards of this chapter due to increased levels of non-resident employees, client trips, identification signage and/or other external factors. A HOME BUSINESS shall meet the home business standards of the ordinance.
HOME OCCUPATION. An occupation customarily conducted in a dwelling unit or accessory building that is a clearly incidental and secondary use of the dwelling and which meets the home occupation standards of the ordinance. Without limiting the foregoing, a single-family residence used by an occupant of the residence to give instruction in a craft or fine art within the residence shall be considered a home occupation.
HOTEL (INN). A building comprised of attached, furnished, sleeping rooms, containing bathroom facilities, which are accessible by interior hallways, in which transient lodging or boarding are offered to the public for compensation. A hotel may contain a restaurant(s), gift and specialty shop(s), swimming pool and exercise facilities, lounge(s), and conference rooms(s); provided these uses are clearly accessory to the hotel. A hotel shall not be considered or construed to be a motel, bed and breakfast establishment, multiple- family dwelling, or similar facility.
INDUSTRY (also GENERAL INDUSTRIAL). Commercial, wholesale, warehousing and manufacturing uses and facilities as permitted by this chapter whose external effects (e.g. noise, vibration, odor, fumes, smoke and/or heat and the like) are discernible by normal human senses at or beyond the property lines of the site at which the industrial use is located. The impacts shall not result in appreciable negative impact to surrounding land uses, buildings and structures, and residents.
INDUSTRY, LIGHT. Commercial, wholesale, warehousing and manufacturing uses and facilities as permitted by this chapter whose external effects (e.g. noise, vibration, odor, fumes, smoke, and/or heat and the like) are not discernible by normal human senses beyond the property lines of the site at which the light industrial use is located.
INN. See HOTEL.
LAND USE PLAN. A document containing the approved future development policy and future land use map for the city, together with supporting documentation, as most recently adopted or amended by the Planning Commission pursuant to Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 through 125.3885, as amended.
LANDSCAPING. Materials (trees, shrubs, flowers, hardscape and the like) when used to control erosion or improve the yards or surfaces of a parcel.
LITTORAL MATERIAL. Material existing on shore or in the water which is subject to erosion and displacement by wave forces.
LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers.
LOT. A description of land as identified on a recorded plat, a defined area of land with a legal description and parcel identification number, or a unit within a condominium subdivision.
LOT AREA. The area contained within the lot lines or property boundary including street right-of-way if so included in the property description.
LOT, CORNER. A lot or parcel that has two sides bordering two streets at their point of intersection.
LOT COVERAGE. The area of a lot, stated in terms of a percentage, that is covered by buildings and/or structures located thereon. This shall include all buildings, roofed porches, arbors, breezeways, decks 24 inches above grade or higher, roofed patios, whether open or fully roofed; but shall not include fences, walls, driveways, sidewalks, hedges used as fences, decks less than 24 inches above grade or detached stairways, ground-floor stairways, wheelchair ramps, patios or in-ground swimming pools. Stairway landings (provided the landing does not exceed the building code minimum area requirement by more than 10%) shall not be considered in determining lot coverage. Lot coverage shall be measured from the wall or foundation of the building or structure.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the midpoint between the side lot lines (see Appendix, Figure 5).
LOT, FLAG. A lot or parcel whose access to the public street is by a narrow, private right-of-way that is either a part of the lot or an easement across another property (see Appendix, Figure 7).
LOT FRONTAGE. The length of the front lot line.
LOT, INTERIOR. A lot or parcel other than a corner lot that, with the exception of a through lot, has only one lot line fronting on a street.
LOT LINES. The lines bounding a lot or parcel (see Appendix, Figure 7).
(1) LOT LINE, FRONT. The lines separating the parcel from any street right-of-way, private road or other access easement (see Appendix, Figure 7).
(2) LOT LINE, REAR. The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary line at least ten feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line (see Appendix, Figure 7).
(3) LOT LINE, SIDE. Any lot line other than a front or rear lot line, as defined above (see Appendix, Figure 7).
LOT OF RECORD. A tract of land which is part of a subdivision shown on a plat or map or a condominium unit which is part of a condominium project which has been recorded in the Office of the Register of Deeds for Allegan County, Michigan; or a tract of land described by metes and bounds which is the subject of a deed or land contract which is likewise recorded in the Office of the Register of Deeds.
LOT, THROUGH. An interior lot or parcel having frontage on two more or less parallel streets.
LOT, WATERFRONT. A lot or parcel abutting a lake, pond, stream or river.
LOT WIDTH. The horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback line (see Appendix, Figure 7).
LUMBER YARD. A commercial operation that may mill, cut and store lumber for wholesale or retail use.
MAJOR CONSTRUCTION. All waterfront construction and set forth in §§ 154.205et seq. requiring a major construction permit.
MAJOR RECREATIONAL EQUIPMENT. For the purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, recreational trailers, pick-up campers or coaches (designated to be mounted on automotive vehicles), self-propelled dwellings, tent trailers and the like, and cases of boxes used for transporting recreational equipment, whether occupied by the equipment or not.
MANUFACTURED HOME. A dwelling unit which is designed for long-term residential use and is wholly or substantially constructed at an off-site location. MANUFACTURED HOME includes mobile homes and modular housing units.
MARINA. A waterfront basin or facility providing secure mooring or berthing of watercraft for use by the general public, and often offering supplies, repair, fuel, parking, toilet facilities and other facilities available to the general public incidental to the berthing and mooring of watercraft. Private yacht clubs offering mooring or berthing facilities, although not necessarily available to the general public, shall be considered a MARINA under this chapter.
MARINA, FULL SERVICE. A dock or docks, marina, waterfront area or a basin with mooring or docking services for boats and yachts. To be considered a full service marina, the marina shall provide at a minimum all of the following on-site services:
(1) Off-street parking in accordance with § 154.130;
(2) Electrical supply inspected and approved by a registered code official;
(3) Potable water distribution inspected and approved by a registered code official;
(4) Weekly pump out (or more frequently) of grey water and black water appropriately disposed of in accordance with state law;
(5) Solid waste dumpster with screening in accordance with Chapter 50;
(6) Working toilet (not portable toilets) and showers for users of the marina; and
(7) Is open to the general public.
MARINE CONTRACTOR. A commercial operation that provides services commonly associated with boating, docks and sea walls.
MASTER DEED. The document recorded as part of a condominium subdivision to which are attached as exhibits and incorporated by reference the approved by-laws for the condominium subdivision and the condominium subdivision plan.
MINOR CONSTRUCTION. All waterfront construction as set forth in §§ 154.206et seq. requiring a minor construction permit.
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. A MOBILE HOME shall not include modular homes, motor homes, recreational vehicles or travel trailers. (See the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et seq.)
MOORING BUOY. A floating device secured to the bottom of the waterway by means of a mechanical device or weight used to attach or moor a watercraft.
MOTEL. A commercial enterprise oriented to the public traveling by motor vehicle, with individual sleeping rooms typically exiting directly to the outside, with patron parking located at or near each room exit. A motel may contain an accessory restaurant, gift and specialty shop, lounge, swimming pool, and exercise facilities.
MOTOR COURT. A grouping of single story attached, semi-detached, or detached, furnished rental units each containing a bedroom, bathroom, and closet space, with or without a kitchen, less than 700 square feet in floor area, in which transient, overnight, lodging, or boarding are offered to the public for compensation. A motor court may contain shared amenities (for example, a swimming pool) for renters of the units and their guests but not separate commercial uses (for example, restaurants, gift or retail shops).
MOTOR HOME. A self-propelled, licensed vehicle prefabricated on its own chassis, intended for recreational activities and temporary occupancy.
MOTEL/MOTOR COURT. A series of attached, semi-detached or detached, furnished, rental units each containing a bedroom, bathroom and closet space in which transient, overnight, lodging or boarding are offered to the public for compensation. The design of a motel is oriented to the public traveling by motor vehicle with individual sleeping rooms typically exiting directly to the outside with patron parking located at or near each room exit. A motel may contain a restaurant, gift and specialty shop, lounge and swimming pool and exercise facilities, provided, these are uses clearly accessory to the motel.
MUSEUM. A structure or portion of a structure whose principal use is the preservation and exhibiting of artistic, historical or scientific objects. The structure and operation ore operated on a not-for-profit basis and the parent organization has obtained a tax exempt status from the Internal Revenue Service.
NONCONFORMING LOT OF RECORD (SUBSTANDARD LOT). A lot lawfully existing at the effective date of this chapter, or affecting amendment, and which fails to meet the area and/or dimensional requirements of the zoning district in which it is located.
NONCONFORMING STRUCTURE. A structure, or portion thereof, lawfully existing at the effective date of this chapter, or affecting amendment, and which fails to meet the requirements of the zoning district in which it is located.
NONCONFORMING USE. A use lawfully existing in a building or on land at the effective date of this chapter, or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.
NUISANCE. Shall be held to embrace public nuisance as known in common law or in equity jurisprudence; and whatever is dangerous to human life or detrimental to health; and any dwelling or building which is overcrowded with occupants or is not provided with adequate ingress or egress to or from the same, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the human food or drink unwholesome, are also severally in contemplation of this chapter, nuisances and all such nuisances are hereby declared illegal.
NURSERY, FLOWER, PLANT OR GARDEN SHOP. A commercial operation that sells vegetation and accessory items to the public for retail.
ORDINARY HIGH WATER MARK. The regulatory line established by the U.S. Army Corps of Engineers General Permit for construction on the Kalamazoo River, dated February 5, 1981, shall constitute the ordinary high water mark.
OVERHANG. The distance any moored or berthed watercraft extends into the water beyond an approved dock, pier, finger pier or spring piling location.
PARCEL. A defined area of land with a legal description and parcel identification number.
PARK. An open area intended to be used for passive or active recreation by the public or a private group of individuals.
PARKING AREA, OFF-STREET (PARKING LOT). A land surface or facility providing vehicular parking spaces off of a street along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of three or more automobiles or trucks.
PARKING SPACE. Any space used for the off-street parking of motor vehicles.
PATIO. An outdoor leisure living area flush with the earth or elevated with earth and finished with a hard durable surface such as, but not limited to, concrete, brick, or tiles.
PERSONAL SERVICE ESTABLISHMENTS. A building, or portion of a building, occupied by an establishment in which a person, or persons, offers a service directly to the personal needs of consumers normally served on the premises for a fee or charge. The type of specialized aid or assistance provided by a personal service establishment includes but is not limited to the following: beauty and barber services, spa services, dance and yoga classes, and tattoo parlors. PERSONAL SERVICE ESTABLISHMENTS do not include BUSINESS, PROFESSIONAL OFFICES.
PIERS. A platform extending from the shore over water and supported by piles, pillars, columns or floatation devices used to secure and protect watercraft. The terms PIER and DOCK, as used in this chapter, shall be synonymous.
PLANNED UNIT DEVELOPMENT. A planned unit development (PUD) is designed to accomplish the objectives of this Zoning Code through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area. It is a form of land development comprehensively planned as an entity via a site plan which permits flexibility in building, siting, usable open spaces and the preservation of significant natural features. The development may contain residential, nonresidential or a mixture of land uses as provided by the individual zoning district.
PLAT. A map of a subdivision of land.
PRACTICAL DIFFICULTY. A situation whereby a property owner can establish a “minimum practical” legal use of a legal lot or parcel, meeting all of the dimensional standards of the zoning district which the lot is located. Situations occurring due to the owners desire to establish a use greater than the “minimum practical” standard or to enhance economic gain greater than associated with a “minimum practical” standard or created by an owner subsequent to the adoption dote of this chapter is not a practical difficulty.
PRINCIPAL BUILDING. The main building on a lot in which the principal use exists.
PRINCIPAL USE. The main use to which the premises are devoted and the main purpose for which the premises exist.
PRIVATE RECREATION CAMP. A non-commercial camp of charitable, institutional or philanthropic nature, not open to use by the general public, and which is typically comprised of seasonal overnight lodging facilities and cabins. Such a camp may contain caretaker residences, conference facilities, kitchens and dining halls, meeting rooms, recreation facilities, assembly buildings, places of worship, gardens, an infirmary and accessory uses and buildings necessary to support the above uses.
PRIVATE ROAD (PRIVATE STREET). A street or drive which provides access to two or more adjacent properties which is constructed and maintained by the owner or owners, which is not dedicated for the general public use.
RECREATION VEHICLE. A vehicle primarily designed and used as a temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle. (See the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et seq., as amended).
RECREATION VEHICLE PARK. All lands and structures which are owned and operated by private individuals, or business or corporation which ore predominantly intended to accommodate recreational vehicles and provide for outdoor recreational activities.
RECREATIONAL TRANSPORTATION RENTAL FACILITIES. Facility offering the rental of motorized or non-motorized recreational vehicles, such as bicycles, boats, golf carts, or scooters with a maximum speed of 30 miles per hour on level surfaces or calm waters, but not including cars, trucks, motor homes, or similar traditional passenger motor vehicles.
RELIGIOUS FACILITY. A building, or buildings, the primary use of which is regular assembly of persons for religious worship or services, together with non-commercial accessory uses. RELIGIOUS FACILITY shall include churches, synagogues, mosques and temples when used for purposes of customary religious activities.
RENTAL OCCUPANCY CERTIFICATE. A certificate from the City of Saugatuck authorizing a property owner to use a dwelling unit as a short-term rental unit.
RESEARCH LABORATORY. A facility for the conduct of scientific research.
RESTAURANT. An establishment in which food or beverages are prepared, served, and consumed either on or off the premises, directly to the public for compensation.
RETAIL STORE. A commercial operation that offers the sale of tangible goods to the general public for compensation.
RIGHT-OF-WAY. A public street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
RIPARIAN RIGHTS. The rights that go with the property along a natural body of water such as a river or a lake. Only the land which abuts a natural body of water has RIPARIAN RIGHTS. A riparian property owner has the right to:
(1) Access the water abutting the land;
(2) Install a dock anchored to the bottomland adjacent to the property;
(3) Anchor a boat on the bottomland adjacent to the property or secure it to the property owners’ dock;
(4) Use water from the lake or stream for domestic purpose; and
(5) Control any temporarily or periodically exposed bottomland from the waters edge to the high water mark against trespass.
RIPARIAN RIGHTS AREA. The area over the water along a waterfront property when the parcel’s side yard lines are extended out to the thread of the river as defined by the State of Michigan law.
ROAD FRONTAGE. The length of the lot line which borders a public road, street, highway or alley.
SATELLITE DISH ANTENNA. A device incorporating a reflective surface that is solid, open mesh, or bar configured; is in the shape of a shallow dish, parabola, cone or horn. Such a device shall be used to transmit and/or receive television, radio or other electromagnetic communication signals between terrestrially and/or extra terrestrially-based sources. This definition includes but is not limited to, what are commonly referred to as satellite earth stations, TVRO’s (television reception only satellite antennas), and satellite microwave antennas.
SCREENING. The erection or construction of a greenbelt buffer zone, earthen berm, solid wall or fence for the purpose of obscuring views, limiting noise or objectionable lighting between incompatible land uses or adjacent to a street or highway.
SCREENING, PRIVACY. A sight-obscuring barrier erected adjacent or around including but not limited to a patio, deck, courtyard, swimming pool or outdoor spa/hot tub, designed to screen but not enclose the area behind it or within its confines.
SETBACK. The area between the lot line and a line of a distance determined within the ordinance in which construction of buildings or structures shall not be permitted unless otherwise permitted by this chapter. In the event a lot is traversed by a public or private road, and the location of the road has not been described by a right-of-way or other such easement description, setback shall be measured from the edge of the improved road surface. For waterfront properties the setback shall be measured to the ordinary high water mark. The setback shall be measured from the front, rear, or side property line to the nearest point of the foundation of a structure, or from the front, rear or side property line to the nearest support post or area directly below a cantilevered floor of a structure.
(1) SETBACK, REQUIRED FRONT YARD. The distance as determined within a particular zoning district between the front lot line and a parallel line in which no structures may be constructed, excluding approved fences or signs.
(2) SETBACK, REQUIRED REAR YARD. The distance as determined within a particular zoning district between the rear lot line and a parallel line in which no structures may be constructed, excluding approved fences or signs.
(3) SETBACK, REQUIRED SIDE YARD. The distance as determined within a particular zoning district between the side lot line and a parallel line in which no structures may be constructed, excluding approved fences or signs.
SHORT-TERM RENTAL UNIT. A dwelling unit which is rented to a person for less than 31 consecutive days, or is advertised to be rented for any period less than 31 days.
SIGN. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trademarks, logos or pictures, or combination thereof, intended to be used to attract attention to or convey information about a person, place, business, firm, profession, association, product or merchandise when placed out of doors in view of the general public. Also, the above when positioned inside in such a way as to be in view of the general public through a window or a door for the purpose of attracting the general public into a business. See §§ 154.140 through 154.144.
SITE PLAN REVIEW. The submission of plans and scaled drawing(s) illustrating existing conditions and proposed uses and structures for review, as part of the process of securing a zoning permit.
SPECIALTY GIFT SHOP. A retail facility which sells goods which may be rare in quantity or availability, handmade, or express a local or regional theme, as part of its retail stock.
SPECIAL LAND USE. A use of land whose characteristics may create nuisance-like impacts on adjoining lands unless carefully sited according to standards established in this chapter (see §§ 154.080 through 154.092). Approval for establishing a special land use is indicated by issuance of a special land use permit.
SPRING PILES. A beam of timber, concrete or steel beams, driven into the water bottom as a means of securing watercraft, or to facilitate the maneuvering of watercraft.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it (see Appendix, Figure 1).
STREET. A public thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL CHANGES OR ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or foundation.
STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground; excepting anything lawfully in a public right-of-way including but not limited to utility poles, sewage pumping stations, utility manholes, fire hydrants, electric transformers, telephone boxes, and related public facilities and utilities defined as essential public services.
THEATER. A commercial operation that offers the viewing of movies or live performance to the public for compensation.
TOWNHOUSES. A row of three or more attached 1-family dwellings, in which each dwelling has its own front entrance and rear entrance.
TVRO. Television reception only satellite antennas.
UNNECESSARY HARDSHIP. A situation whereby a property owner, due to conditions of a lot or parcel cannot use the lot or parcel for any legal use allowed by this Zoning Code, within the district in which the lot is located. Situations occurring due to the owner’s desire to establish an alternate use when allowed use options are available or due to situations created by an owner subsequent to the enactment of this chapter shall not be deemed an unnecessary hardship
VARIANCE. A relaxation of certain standards of this Zoning Code by the Zoning Board of Appeals.
VARIANCE, USE. A variance allowing a use within a specific zoning district which is otherwise not allowed in that zone district.
VARIANCE, NON-USE. A variance allowing relaxation of a dimensional or area requirement as specified by the underlying zone district.
VETERINARY HOSPITAL OR CLINIC. A facility offering the medical care and treatment of animals.
WETLANDS. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs and similar areas.
YARD. The open space on a lot, with a building, as defined herein. (see Appendix, Figure 7):
(1) FRONT YARD. The open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the foundation.
(2) REAR YARD. The open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the foundation of the main building.
(3) SIDE YARD. The open space between any building and the side lot line, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance from the nearest point of the side lot line to the nearest point of the foundation of the building.
ZONING ADMINISTRATOR. Planning Director or other individual appointed by the City Council to administer this chapter.
ZONING DISTRICT. A portion of the city within which specific regulations and requirements, or various combinations thereof apply as provided in this chapter.
(Ord. passed 6-24-1996; Am. Ord. 040927, passed - -; Am. Ord. passed 4-27-1998; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. passed 10-14-2002; Am. Ord. 060710-1, passed 7-10-2006; Am. Ord. 070611-1, passed 6-11-2007; Am. Ord. 080324-3, passed 3-24-2008; Am. Ord. 080414-1, passed 4-14-2008; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 110214-1, passed 12-14-2011; Am. Ord. 111212-1, passed 12-12-2011; Am. Ord. 121008-1, passed 10-8-2012; Am. Ord. 130408-1, passed 4-8-2013; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 161114-1 passed 11-14-2016; Am. Ord. 170522-1, passed 5-22-2017; Am. Ord. 180529-1, passed 5-29-2018; Am. Ord. 180813-1, passed 8-13-2018; Am. Ord. 200622-1, passed 6-22-2020; Am. Ord. 201109-D, passed 11-9-2020; Am. Ord. 210726-A, passed 7-26-2021)