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(1) For the purposes of this chapter, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.
(2) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word HEREIN means in this chapter; the word REGULATION means the regulations of this chapter; and the words THIS CHAPTER shall mean the chapter text, tables, and maps included herein, as enacted or subsequently amended.
(3) PERSON includes a corporation, firm, partnership, as well as an individual, or an unincorporated association of persons such as a club or any other entity; SHALL is always mandatory; a LOT includes a plot or parcel; a BUILDING includes a structure; a BUILDING or STRUCTURE includes any part thereof; USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED, OR DESIGNED TO BE USED OR OCCUPIED.
(4) The CITY is the City of Scottville in the County of Mason, State of Michigan; the CITY COMMISSION,BOARD OF APPEALS, and PLANNING COMMISSION are respectively the City Commission, Board of Appeals, and Planning Commission of the city.
(5) Any word not herein defined shall be construed, as defined in the Housing Code of Michigan, Public Act 167 of 1917, as amended, being M.C.L.A. §§ 324.32101 et seq.
(6) Other terms, phrases, and words not herein defined shall have the meaning customarily assigned to them by general usage in the English language.
(B) Words and terms defined.
ACCESSORY BUILDING. A building or structure located on the same lot with the principal or main building. An ACCESSORY BUILDING is detached from the main building. Where a structure is attached to a main building in a manner by a wall or roof, it shall be considered a part of the main building.
ACCESSORY USE. A use subordinate to the main use of a lot and uses for purposes customarily incidental to those of the main use.
ALLEY. A public thoroughfare affording only a secondary means of access to abutting property, the thoroughfare being not less than ten feet in width and not more than 30 feet in width.
ALTERATIONS. Any change, addition, or modification in the construction of the external walls, roof, or foundation, excluding openings to a building, or its grade of occupancy.
APARTMENT HOUSE. See “Dwelling, Multiple-Family.”
BOARDING HOUSE. A building other than a hotel where lodgings and meals for five or more persons are served for compensation.
BUILDING. A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or chattels; when separated by division walls from the ground up, and without openings, that portion of the BUILDING shall be deemed a separate BUILDING.
BUILDING LINE. A line parallel to the street line drawn through that exterior building wall which is nearest to the street line and at the finish grade or surface of the ground.
COMMERCIAL USE. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or service; and the maintenance or operation of office, recreational, or amusement enterprises.
DWELLING UNIT. A building or a portion of a building occupied as the home residence and sleeping place of one or more human beings.
DWELLING, MULTIPLE-FAMILY (APARTMENT). A dwelling occupied otherwise than as one-family or two-family dwelling, except hotels according to the definition contained in this chapter.
DWELLING, ONE-FAMILY. A building occupied as a dwelling unit by not more than one family.
DWELLING, TWO-FAMILY. A building containing two dwelling units and occupied by not more than two families.
EFFICIENCY UNIT (STUDIO). A dwelling unit for one individual or small family consisting of one room, exclusive of bathroom, hallway, closets, and the like.
ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration, or maintenance of public utilities by municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems (including towers, structures, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, telephone exchanges and/or repeater buildings, electric substations, gas regulators, stations, and other similar equipment and accessories in connection therewith) reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions for the public health, safety, or general welfare. This does not include sanitary landfills and sewage treatment facility.
FAMILY. Any number of individuals living and cooking together on the premises as a single housekeeping unit.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls from the centerline of walls separating two buildings. FLOOR AREA shall not include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment) open or enclosed located on the roof, attic space having headroom of seven feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in FLOOR AREA. Areas of basements, utility rooms, breezeways, porches, or attached garages are not included, except, however, that the floor area of a building 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.
GARAGE, COMMUNITY. A space or structure or series of structures for the storage of motor vehicles having no public shop or service in connection therewith for the use of two or more owners or occupants of property in the vicinity.
GARAGE, PRIVATE. A space or accessory structure for the storage of not more than three vehicles having no public shop or service in connection therewith, for the use solely by the owner or occupant of the principal building or a lot or of his or her family or domestic employees.
GARAGE, PUBLIC. Any building or premises used for housing or care of more than three motor-driven vehicles where the vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
HEIGHT OF BUILDING. The vertical distance measured from the mean sidewalk level to the highest point of the building. Where a building is situated on a terrace above the sidewalk level, the building shall be measured from the level of the adjoining ground.
HOTEL. A building occupied as a more or less temporary abiding place of individuals who are lodged with or without meals, and rooms are occupied singly for hire, in which provision is not made for cooking on any individual plan and in which there are more than ten sleeping rooms, a public dining room for the accommodation of at least 20 guests, and a general kitchen.
LODGING HOUSE. A building other than a hotel, where lodging for five or more persons is provided for compensation.
LOT. A plat, plot, or parcel of land including open spaces as are arranged and designed to be used in connection with the buildings. A LOT may or may not be the land shown on duly recorded plat. If more than one LOT OF RECORD is held in common ownership and the lots are contiguous, undeveloped and substandard in size to the minimum lot size in the zoning districts, they shall, for the purpose of this chapter, be held as one LOT or as many lots as shall leave no lot substandard.
LOT AREA. Area of a lot bounded by lot lines.
LOT, CORNER. A lot in which lot lines form an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting on a curved street or streets shall be deemed a CORNER LOT if the tangents to the curve (measured at the points of intersection of the side lot lines with the street lines) intersect at an interior angle of less than 135 degrees.
LOT COVERAGE. The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.
LOT LINE, FRONT. The exterior line or right-of-way of a road on which a lot fronts or abuts.
LOT LINE, REAR. Any lot line, other than a front lot line, which is parallel or nearly parallel to the front lot line.
LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT LINES. A boundary line of a lot.
LOT OF RECORD. A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The minimum distance between side lot lines measured at all points and measured at right angles to the side lot lines.
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 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 incident to the occupancy of a mobile home.
MODULAR. A structure which meets the requirements of the BOCA Building and Construction Code, and which is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, and when connected to the required utilities, such as plumbing, heating, and electrical systems. Pursuant to BOCA, the characteristics of a MODULAR are:
(a) A pitched roof of heavy truss construction able to support a dead weight of at least 40 pounds, and having roof shingling of five-inch exposure;
(b) A heavy deck flooring of wood on two-by-eight floor joists;
(c) A drain ventilation size of three inches in diameter extending 12 inches above the roof; and
(d) Establishment on a poured wall or cement block and mortar foundation.
MOTEL, HOTEL, or MOTOR HOTEL. A building or a series of attached, semi-detached, or detached rental units providing long-term or transient lodging with motor vehicle parking in an area contiguous to the building. No kitchen or cooking facilities are to be provided in units except for use by the Manager and/or caretaker and a specific area under care of the Manager.
NET BUILDING AREA. Contiguous land excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops, and land encumbered by easements.
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 minimum area 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 minimum yard setback 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.
PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist.
RECREATIONAL VEHICLE. A vehicle primarily designed and used as 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.
ROAD FRONTAGE. The length of the lot line which borders a public road.
ROAD or STREET, PRIVATE. An irrevocable easement running with land to one or more owners of adjacent properties which provides access to those adjacent properties and which is not dedicated for general public use.
ROADorSTREET, PUBLIC. Any public right-of-way which provides vehicular access to adjacent properties.
SETBACK. The horizontal distance from a lot line inward toward the part of the building nearest to that lot line.
SIDEWALK LEVEL. The mean level of the established public sidewalk in front of the building. Where no one sidewalk has been established, the City Engineer shall establish the SIDEWALK LEVEL for the purpose of these regulations.
SITE PLAN REVIEW. The submission of plans for review, as part of the process of securing zoning approval.
SPECIAL USE PERMIT. A permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location, or relation to the city, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. These uses shall be permitted when the specific review criteria provided in this chapter for them are met.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above, then the space between the floor and the ceiling next above it.
STORY, HALF. The portion of a building included between the eaves and the ridge lines of a pitched roof, which may or may not be used for tenant purposes.
STREET. A public thoroughfare 30 feet or more in width, providing the principal means of access to abutting property.
STRUCTURAL CHANGES or ALTERATIONS. Any change in the supporting member of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof.
TEMPORARY BUILDING or USE. A structure or use permitted by the Zoning Administrator to exist during periods of construction of the main use or for special events, as may be permitted herein, not to exceed six months.
UNDERGROUND HOME. A residence, the roof of which is covered with earth, and which on at least three sides does not extend upward more than the surrounding grade levels within 50 feet.
VARIANCE. A varying or relaxation of any of the requirements of this zoning chapter by the Zoning Board of Appeals; and where the VARIANCE will not be contrary to the public interest.
YARD. An open space on a lot, unoccupied and unobstructed from the ground upward; except as otherwise permitted in this chapter.
YARD, REQUIRED FRONT. The minimum required yard measured from the front lot line into the interior lot area.
YARD, REQUIRED REAR. The minimum required yard measured from the rear lot line into the interior lot area.
YARD, REQUIRED SIDE. The minimum required yard measured from the side lot line into the interior lot area.
ZONING BOARD OF APPEALS. The Zoning Board of Appeals (ZBA) of the city, constituted as provided in this chapter, and which is authorized as a body to interpret, hear appeals, and grant variances only in accordance with the provisions of this chapter.
(1993 Code, § 154.004) (Ord. 84-1, passed 1-3-1984)
Mobile homes, mobile home parks, and recreational vehicles, see M.C.L.A. § 125.2301 et seq.