§ 153.011 SPECIFIC TERMS.

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABANDONMENT. The cessation of a permitted activity in, or a permitted use of, a dwelling structure, or lot, other than that which would typically occur on a seasonal basis, and has fallen into disrepair or is neglected in some way for a period of six months or longer.

   ABOVE GROUND LEVEL (AGL). A measurement of height from the natural grade of a site to the highest point of a structure.

   ABUTTING. Having property or district lines in common, e.g., two lots are abutting if they have property lines in common.

   ACCESS. A way of approaching or entering a property. For purposes of this chapter, all lots of record shall have access to a public street or highway.

   ACCESSORY BUILDING or ACCESSORY STRUCTURE. Any unattached subordinate building or structure, such as a private garage, which is incidental to that of the main building, located on the same lot as the main building, or any portion of the main building if that portion is occupied or devoted exclusively to an accessory use.

   ACCESSORY USE. Any use customarily incidental and subordinate to the premises' primary use but does not include residential occupation. These may include but are not limited to private garages, permanent storage sheds, playhouses, decks, porches, and carports.

   ACRE. A measure of land area containing 43,560 square feet.

   ADDITION. A structure added to the original structure at some time after the completion of the original.

   ADJACENT PROPERTY OWNERS. Those property owners or residents bordering, abutting a corner, or across the street from the subject property.

   ADJOINING LOT OR LAND. A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

   ADULT MEDIA. Magazines, books, slides, CD-ROMs, or devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexually oriented hard-core material.

   ADULT MEDIA STORE. An establishment that rents and/or sells media and meets any of the following three tests:   

      (1)   Forty percent (40%) or more of the gross public floor area is devoted to adult media.

      (2)   Forty percent (40%) or more of the stock in trade consists of adult media.

      (3)   It advertises or holds itself out in any form as "XXX," "adult," "sex," or otherwise as a sexually oriented business other than adult media store, adult motion picture theater, or adult cabaret.

   ADULT MOTION PICTURE THEATER. An establishment emphasizing or predominately showing sexually oriented movies.

   AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products and is clearly incidental to agricultural activity, excluding the business of retail trade.

   AGRICULTURAL STORAGE, TERMINALS, AND PROCESSING FACILITIES. A building, facility, area, open or enclosed, or any location for the refinement, treatment, or conversion of agricultural products where physical, chemical, or similar change of an agricultural product occurs. Examples of agricultural processing include but are not limited to fruit dehydrators, cold storage houses, hulling operations, and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form, including all uses customarily incidental thereto.

   AGRICULTURE AND FORESTRY ACTIVITIES. The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or feeding (including grazing), breeding, managing, selling, or producing livestock, poultry, fur-bearing animals, or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticultural use, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines, including, but not limited to, providing riding lessons, training clinics, and schooling shows. The growing or harvesting of forest tree species trees used for commercial or related purposes.

   AISLE. The traveled way by which cars enter and depart parking places.

   ALLEY. Any dedicated public way with a street base affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

   ALTERATIONS. Any change, addition, or modification in construction, type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as altered or reconstructed.

   AMENITY. A natural or artificial feature that enhances or makes a particular property more attractive or satisfying.

   ANIMAL (SMALL). Any animal, including rabbits and chickens, weighing 20 pounds or less, except pet animals, unusual animals, or other fowl.

   ANIMAL (LARGE). Cattle, horses, mules, sheep, goats, beasts of burden, or any other domesticated or wild animal weighing more than 20 pounds except pet animals, unusual animals, or fowl.

   ANIMAL UNIT. See the Michigan Generally Accepted Agricultural Management Practices, Michigan Right to Farm Act.

   ANIMAL (WILD OR EXOTIC). Animals that are wild by nature and not customarily domesticated. This definition does not include birds, small rodents, or small, nonpoisonous reptiles commonly used for educational or experimental purposes, or as pets.

   ANIMAL FEEDLOTS. See the Michigan Generally Accepted Agricultural Management Practices, Michigan Right to Farm Act.

   ANIMAL HOSPITAL. See KENNEL.

   ANTENNA. The surface from which wireless radio signals are sent and received by a personal wireless facility.

   APPEAL. The process, as prescribed in this chapter, for contesting a zoning interpretation made by the Zoning Administrator or decision made by the Planning Commission.

   APPLICANT. A person or entity submitting an application for review and action by the village or any of its departments or commissions.

   APPROVED PLAN. A plan that has been granted final approval by the appropriate approving authority.

   APPROVING AUTHORITY. The agency, board, group, or other legally designated individual or authority that has been charged with review and approval of plans and applications.

   AREA. See LOT AREA.

   ASSEMBLY BUILDING. A building for the primary purpose of group gatherings of 50 people or more for any purpose.

   ATTACHED. Any structure or part of a structure immediately adjacent to another structure or part of a structure and fastened securely to it.

   ATTIC. That part of a building that is immediately above the ceiling beams of the top story and wholly or partly within the roof framing.

   AUTOMOBILE REPAIR. General repair, engine rebuilding, rebuilding, or reconditioning of motor vehicles; collision service such as body, frame, or fender straightening and repair; overall painting, but not including undercoating of automobiles unless provided in a completely enclosed spray booth or building.

   AUTOMOBILE SERVICE STATION. A place where gasoline or any other automobile engine fuel (stored only in underground tanks) kerosene or motor oil and lubricants or grease (for the operation of motor vehicles) are retailed directly to the public on the premises, including the sale of minor accessories and services for motor vehicles (including minor repairs).

   BAR. A building or portion thereof where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

   BASEMENT. The portion of a building which is partly or wholly below grade, but so located that the vertical distance from grade to the floor is greater than the vertical distance from the grade to ceiling. A BASEMENT will not be counted as a story. See Huron County adopted building code.

   BEDROOM. Means a separate room or space with a door, a closet, and a window, used or intended to be used specifically for sleeping purposes.

   BERM. An earthen mound of definite height and location designed to serve as an obscuring device in carrying out the requirements of this chapter.

   BOARD OF APPEALS. See ZONING BOARD OF APPEALS.

   BODY PIERCING PARLOR. See TATTOO/BODY PIERCING PARLOR.

   BODY SHOP. See VEHICLE REPAIR.

   BUFFER. Open space, landscaped areas, fences, walls, berms, or any combination thereof to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. A greenbelt is considered a buffer.

   BUILDABLE AREA. The space remaining on a lot or lots of record after the minimum setback and open space requirements have been met.

   BUILDING. A structure erected on-site, a manufactured home, a mobile home or mobile structure, or a premanufactured or precut structure that is above or below ground and is designed primarily for the use or intended use of shelter, support, or enclosure of persons, animals, or property of any kind. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for purposes of a building.

   BUILDING COVERAGE. The horizontal area measured within exterior walls of the ground floor of all principal and accessory buildings on a lot.

   BUILDING DEPARTMENT. Building department shall mean the Huron County Planning, Building and Zoning Department or their contractors who perform enforcement of building codes unless the specific use or the context indicates a different reference.

   BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs.

   BUILDING LINE. A line formed by the face of the building and for purposes of this chapter, a BUILDING LINE is the same as a front setback line.

   Figure 1 - Building Line

   BUILDING OFFICIAL. Village staff appointed by the Village President and licensed pursuant to the State of Michigan's regulation to enforce and administer the Huron County's adopted building code.

   BUILDING PERMIT. A permit signifying compliance with the provisions of this chapter as to use, activity, bulk, density, and with the requirements of all other development codes and ordinances currently in effect in the Village of Sebewaing.

   BUILDING SUPPLY, WAREHOUSES, WHOLESALE. A building primarily used for the storage of goods and materials.

   BUSINESS CENTER. A business center is more than one business on the same parcel.

   BUSINESS SERVICES. Establishments primarily engaged in rendering services to business establishments for a fee or on a contract basis, such as advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, photo finishing, and personal supply services.

   CANOPY. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

   CARPORT. A roofed accessory structure used primarily to shelter private motor vehicles. A carport is attached to the principal or accessory structure and is completely open on not less than two sides.

   CAR WASH. A structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along, or machinery that moves around a stationary vehicle, and automatic or semiautomatic application of cleaner, brushes, rinse water, and heat for drying.

   CARRIER. A company that provides wireless service.

   CARRY-OUT RESTAURANT. See DRIVE-IN RESTAURANT/FAST FOOD.

   CELLULAR TOWER. See WIRELESS COMMUNICATION FACILITY.

   CEMETERY. Any publicly or privately owned place for the interment of human remains.

   CERTIFICATE OF OCCUPANCY. A document issued by the Building Official and Zoning Administrator allowing the occupancy or use of a building and certifying the structure or use has been constructed and/or will be used in compliance with all applicable municipal codes and ordinances and approved plans and specifications.

   CHILD CARE ORGANIZATION. A facility for the care of children under 18 years of age, as licensed and regulated by the State under Act No. 116 of Public Acts of 1973 and the associated rules promulgated by the State Department of Social Services. Such organizations shall be further defined as follows:

      (1)   CHILD CARE CENTER or DAY CARE CENTER. A facility, other than a private residence, receiving more than six preschool or school-age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility that provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a childcare center, daycare center, day nursery, nursery school, parent cooperative preschool, pay group, or drop-in center. CHILD CARE CENTER or DAY CARE CENTER does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

      (2)   FOSTER FAMILY HOME. A private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

      (3)   FOSTER FAMILY GROUP HOME. A private home in which more than four but less than seven children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

      (4)   FAMILY DAY CARE HOME. A private home in which one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

      (5)   GROUP DAY CARE HOME. A private home in which more than six but not more than 12 children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

   CHURCHES/SYNAGOGUES/MOSQUES. See INSTITUTION, RELIGIOUS.

   CIRCULATION PATTERN. Systems, structures, and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, towers, airways, pipes, and conduits; and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or shipment points.

   CLEAR VISION. An area 30 feet along each street at its intersection with another street, drive, or alley where no visual obstruction of sight may exist above thirty-six (36") inches from established street grades.

   CLUBHOUSE. A building to house a club or social organization not conducted for private profit, as documented by state or federal records, and is not an adjunct to or operated by or in connection with a public tavern, café, or other public place.

   CLUB/LODGE. See INSTITUTION, SOCIAL.

   CLUSTER. A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

   CO-LOCATION. The use of a single mount on the ground by more than one telecommunications carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

   COMMERCIAL. A term relating to the use of property in connection with the purchase, sale, or trading of goods for personal services or maintenance of service offices or recreation or amusement enterprise or garage/basement/porch sales lasting more than 14 days during any 12 month period. (See also MALL).

   COMMERCIAL RECREATION. Establishments with the primary purpose of providing amusement or entertainment for a fee or admission charge, and including such activities as dance halls, studios, bowling alleys and billiard and pool establishments, commercial sports such as arenas, rings, racetracks, golf courses, amusement parks, carnival operations, exposition, game parlors, and swimming pools.

   COMMERCIAL SCHOOL. A school or facility offering training to perform any of the uses by right in the district in which a commercial school is permitted either by right or by special use permit. A commercial school is a distinct use, not to be confused with an INSTITUTION, EDUCATIONAL.

   COMMISSION. The Planning Commission of the Village of Sebewaing.

   COMMON OPEN SPACE. Common open space shall mean land within a planned unit development, under the common ownership of all occupants in the planned unit development, to be used for park, recreation, or environmental amenity. These lands shall not include public or private streets, driveways, or parking areas. Within these lands, only facilities and structures for recreational purposes may be constructed, with the total impervious area of roofs and paving constituting not more than 10% of the total open space.

   CONDOMINIUM. See PLANNED UNIT DEVELOPMENT.

   CONTIGUOUS. Next to, abutting, or touching and having a common boundary or portion thereof, that is co-terminus.

   CONTRACTOR. General contractors and builders engaged in the construction of buildings, either residences or commercial structures, as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction.

   CONTRACTOR, LANDSCAPE. Landscaping includes businesses principally engaged in lawn mowing and yard maintenance. It also includes decorative and functional alteration, planting, and maintenance of such grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage/irrigation facilities) are accessible and on the same parcel as the principal use. Landscape contractor also includes businesses that apply fertilizers, pesticides, and other treatments for plants, trees, and grass. This definition also includes tree services and commercial plant maintenance services.

   CONTRACTOR'S STORAGE YARD. An unenclosed portion of the lot or parcel upon which a construction contractor maintains its principal office or a permanent business office. Designation of the lot or parcel as a contractor's storage yard would allow this area to be used to store and maintain construction equipment and other materials customarily used in the trade carried on by a construction contractor. If permitted to be used in this manner, the entire lot or parcel would then be classified as a CONTRACTOR’S STORAGE YARD and will be required to conform to all applicable zoning district standards and other legislative regulations.

   CONVALESCENT OR NURSING HOME. See INSTITUTION, HUMAN CARE.

   CORNER LOT. See LOT.

   COTTAGE INDUSTRY. An establishment primarily engaged in the on-site production of goods by hand manufacturing, which involves only the use of hand tools or which have a limited impact on adjoining development by virtue of either low development densities or more stringent review and standards. Examples of cottage industries include: mail-order businesses, custom manufacturing, or light automotive and equipment repair.

   COUNTY. County shall mean Huron County unless the specific use or the context indicates a different reference.

   COURT. An open space on the same lot with a building or group of buildings and which is bounded on two or more sides by those building or buildings. A COURT shall be unoccupied.

   COVERAGE. See LOT COVERAGE.

   CROSS-POLARIZED. A low mount dual-polarized antenna that has three panels flush mounted or attached very close to the shaft.

   CUL DE SAC. See STREET, CUL DE SAC.

   DANGEROUS BUILDING. See Michigan Compiled Laws, M.C.L. § 125.539.

   DAYCARE FACILITY. See CHILD CARE CENTER.

   DAY NURSERIES. See CHILD CARE CENTER.

   DECK. A horizontal structure of a single elevation or varying elevations, commonly used as a floor attached or adjacent to the main building. A deck may be open or partially or completely covered by a roof and wall structure.

   DENSITY. The intensity of development in any given area, measured in this chapter by the number of dwelling units per acre.

      (1)   HIGH RESIDENTIAL. Fifteen (15) or more dwelling units per acre.

      (2)   LOW RESIDENTIAL. Fewer than five dwelling units per acre.

      (3)   MEDIUM RESIDENTIAL. Five to 15 dwelling units per acre.

   DEVELOPMENT. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

   DISH SATELLITE SIGNAL-RECEIVING ANTENNAE. Also referred to as EARTH STATIONS or GROUND STATIONS shall mean one, or a combination of two or more of the following:

      (1)   A signal-receiving device (antenna, dish antenna, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in Earth orbit and other extra-terrestrial sources.

      (2)   A low-noise amplifier (LNA) that is situated at the focal point of the receiving component, and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.

      (3)   A coaxial cable, the purpose of which is to carry or transmit said signals to a receiver.

   DISTRIBUTION CENTER. A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

   DISTRICT. See ZONE.

   DRIVE-IN. A business establishment so developed that it's retail or service character is dependent upon providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

   DRIVE-IN RESTAURANT/FAST FOOD. A restaurant developed so it's retail, or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle or to permit patrons to eat while in the motor vehicle, as well as within a building or structure, or primarily to provide self-service for patrons and food carry-out. 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 either within the restaurant building or for carry-out with the consumption off the premises, and whose design or principal method of operation includes one or both of the following:

      (1)   Food, frozen desserts, or beverages usually served in edible containers or paper, plastic, or other disposable containers;

      (2)   More than 45% percent of the available floor space devoted to food preparation, related activities, and other floor space not available to the public.

   DUMPSTER. A container capable of holding a volume of material greater than two cubic yards and used for the purpose of collecting garbage, solid or liquid waste, or refuse of any type.

   DWELLING. Any building or portion thereof used exclusively for residential purposes with one or more habitable rooms occupied or intended for occupancy with facilities for living, sleeping, cooking, and/or eating. A dwelling is classified as one of the following:

      (1)   SINGLE FAMILY DWELLING. A building containing not more than one dwelling unit designed for residential use.

      (2)   TWO-FAMILY DWELLING (DUPLEX). A building containing no more than two separate dwelling units designed for residential use, including townhouses/rowhouses, stacked flats, and other designs.

      (3)   MULTIPLE-FAMILY DWELLING. A building containing three or more dwelling units designed for residential use, including townhouses/rowhouses, stacked flats, and other designs.

      (4)   GROUP DWELLINGS (CONGREGATE LIVING). A building or group of buildings, designed and used for residential habitation where joint and/or separate sleeping rooms share common living, kitchen, eating and bathroom facilities, housing persons unrelated by blood or marriage.

   DWELLING UNIT. A building or portion thereof, providing complete housekeeping facilities for one family.

   EASEMENT. Any private or dedicated public way other than a street or alley, providing a secondary means of access to a property.

   EAVE. The projecting lower edges of a roof overhanging the wall of a building.

   EGRESS (EXIT). An exit from a building or site.

   ELDERLY HOUSING. See SENIOR HOUSING.

   ELEVATION, TOPOGRAPHIC. The measurement of height above sea level.

   ELEVATION, VIEW. An architectural or engineered rendering of each side of a building for purposes of site plan review.

   EMISSION. A discharge into the air or water.

   ENVIRONMENTALLY SENSITIVE AREA. An area with one or more of the following characteristics:

      (1)   Slopes in excess of 20%.

      (2)   Floodplain.

      (3)   Soils classified as having a high-water table.

      (4)   Soils classified as highly erodible, subject to erosion, or highly acidic.

      (5)   Land incapable of meeting percolation requirements.

      (6)   Land formerly used for landfill operations or hazardous industrial uses.

      (7)   Fault areas.

      (8)   Stream corridors.

      (9)   Estuaries.

      (10)   Aquifer recharge and discharge areas.

   EQUIPMENT RENTAL/SALES. A business that provides construction, household, and other similar equipment for rent to the general public or contractors for a limited period of time. Used equipment and a limited proportion (up to 10%) of new items in the business's inventory may be advertised for sale.

   EQUIPMENT SHELTER. An enclosed structure, cabinet, shed, or box at the base of the mount within, which are housed batteries and electrical equipment.

   ERECTED. Includes built, constructed, altered, reconstructed, moved upon, or any physical alteration to a piece of land, including excavation, moving, and filling of earth.

   EROSION. The process by which the ground surface is worn away by the action of wind, water, gravity, or a combination thereof.

   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by public utilities or municipal departments or commissions or for public health or safety or general welfare, but not including buildings other than those buildings as are primarily enclosures or shelters of the above ESSENTIAL SERVICE equipment.

   ESTABLISHMENT. An economic unit, generally at a single physical location, where business is conducted, or services or industrial operations are performed.

   EXCAVATION. The removal of rock, sand, soil, or fill material below the average grade of the surrounding land and/or road grade, whichever is highest, this does not include alterations for farming or gardening purposes.

   EXOTIC ANIMAL. See ANIMAL, WILD OR EXOTIC.

   FALL ZONE. The area on the ground within a prescribed radius from the base of a personal wireless facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

   FAMILY. A person living alone, or two or more persons related by blood, marriage, or adoption, customarily living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a hotel, club, religious or institutional building, boarding or lodging house, or fraternity or sorority house.

   FAMILY DAY CARE HOME. See CHILD CARE ORGANIZATION.

   FARM. A parcel of land used for the primary purpose of agriculture, horticulture, floriculture or viticulture, including facilities for the sale of produce, wine, and dairy products. The land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products. See detail of this definition in Michigan Right to Farm Act.

   FARM EQUIPMENT SALES AND SERVICE. A business that provides farm and similar equipment for rent or sale to the general public or contractors for a limited period of time. Used equipment and a limited proportion (up to 10%) of new items in the inventory of the business may be advertised for sale.

   FARMING FOR CASH CROPS, LIVESTOCK. The use of land for tilling of the soil, raising of tree or field crops, or animal husbandry, as a source of significant income. See Generally Accepted Agricultural Management Practices (GAAMPs) www.mda.state.mi.us/right2farm/farm.htm.

   FAST FOOD RESTAURANT. See DRIVE-IN RESTAURANT/FAST FOOD.

   FENCE. A fence is an enclosing barrier, which is constructed or planted, in whole or in part, for purposes of denoting a boundary line between parties or to visually create a barrier between adjacent parcels. A fence is a privacy fence, if it shall be so constructed or planted such that more than 50% of the surface area, measured perpendicular to the sides, consists of material which is solid or opaque.

   FIRE STATION. Public building devoted to the storage and housing of fire equipment and personnel.

   FIREWORKS. Fireworks means a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration, or detonation. Fireworks include Class B fireworks and Class C fireworks.

      (1)   CLASS B FIREWORKS. These are toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify as Class C fireworks, exhibition display pieces, airplane flares, illuminating projectiles, incendiary projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without bursting charges, flash powders in inner units not exceeding two ounces each, flash sheets in interior packages, flash powder or spreader cartridges containing not more than 72 grains of flash powder each and other similar devices.

      (2)   CLASS C FIREWORKS. These are toy smoke devices, toy caps containing not more than 25 grains of explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noise makers, smoke candles, smoke pots, smoke grenades, smoke signals, hand signal devices, signal cartridges, sparklers, explosive auto alarms, and other similar devices.

      Should the definitions of these items change per the Michigan Penal Code, 1931 PA 328, as amended, the Village of Sebewaing Zoning Ordinance definitions will change with the State law and must be interpreted as those contained in the State law.

   FLEA MARKET. See OUTDOOR USE, TEMPORARY.

   FLOODPLAIN. The relatively flat area or lowlands adjoining the channel of a watercourse or a body of standing water that has been or may be covered by floodwater. Determination of a floodplain is made by the Federal Emergency Management Agency (FEMA) for those areas to be covered by flood insurance and consists of:

      (1)   Contiguous areas paralleling a river, stream or other body of water that constitute at their maximum edge the highest flood levels experienced in a period of 100 years.

      (2)   Principal estuary courses of wetland areas that are part of the river flow system.

      (3)   Contiguous area paralleling a river stream or other body of water that exhibits unstable soil conditions for development.

   FLOOR AREA. The area of all floors computed by measuring the dimensions of the outside walls, excluding attic and basement floors, porches, patios, breezeways, carports, and garages, or portions of rooms with less than seven feet of space between the floor and ceiling.

   FLOOR AREA, USEABLE. That area of a nonresidential building used for or intended to be used for the sale of merchandise or services. Such floor area that is used for or intended to be used primarily for the storage or processing of merchandise which may include hallways, breezeways, stairways, and elevator shafts, or for utilities and sanitary facilities, shall be excluded from the computation of useable floor area.

   FOSTER FAMILY GROUP HOME. See CHILD CARE ORGANIZATION.

   FOSTER FAMILY HOME. See CHILD CARE ORGANIZATION.

   FRATERNAL ORGANIZATION. See INSTITUTION, SOCIAL.

   FRONT LOT LINE. In the case of an interior lot, the line separating the lot from the street. In the case of a corner lot or double frontage lot, the line separating the lot from that street which is designated as the front street in the plat and the request for zoning compliance permit.

   FUNCTIONAL EQUIVALENT SERVICES. Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.

   FUNERAL HOME/MORTUARY. A building used for the storage and preparation of the deceased for burial and display, and for ceremonies connected therewith before burial or cremation.

   GARAGES. Includes the following:

      (1)   ATTACHED. An attached outbuilding customarily used for the storage of vehicles and is attached to a residential dwelling as either an integral part thereof, or, at a minimum, connected to the dwelling by a completely enclosed breezeway.

      (2)   PRIVATE GARAGE. A detached accessory building or portion of a main building used for the storage of vehicles without provision for repair or servicing such vehicles for profit.

      (3)   SERVICE GARAGE. Any building or structure designed or used for the hire, sale, storage, service, repair, or refinishing of motor vehicles or trailers, but not for the storage of dismantled vehicles or parts thereof for purposes of reuse or resale.

   GARAGE SALE. See YARD SALE.

   GARBAGE. Animal, vegetable and mineral waste resulting from the handling, storage, sale, preparation, cooking and serving food.

   GAS STATION/SERVICE STATION. A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operation of motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including sale of accessories, greasing, oiling, and light motor service on the premises, but in no case to include automobile or truck mechanical repair. Convenience food sales and/or fast food restaurants may also be provided on the premises.

   GLARE. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

   GOLF COURSE. A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses or shelters.

      (1)   PITCH AND PUTT COURSE. A facility providing a private or public golf recreation area designed for executive play rules along with accessory golf support facilities but excluding miniature golf.

      (2)   9-HOLE COURSE. A facility of nine regulation holes providing a private or public golf recreation area designed for regulation play rules along with accessory golf support facilities but excluding miniature golf.

      (3)   18-HOLE COURSE. A facility of 18 regulation holes providing a private or public golf recreation area designed for regulation play rules along with accessory golf support facilities but excluding miniature golf.

   GRADE. For purposes of this chapter, the level of the ground adjacent to the exterior walls of a building or structure. In the case of lots with a sloping terrain, the grade shall be the average elevation of the ground adjacent to the walls.

   GRADING. Any stripping, excavating, filling, stockpiling, or any combination thereof, and also included shall be the land in its excavated or filled condition.

   GRADING PERMIT. The written authority issued by the Village of Sebewaing permitting the grading, excavating or filling of land including drainage and soil erosion control in conformity with the Soil Erosion and Sediment Control Chapter of this chapter and Public Act 451 of 1994.

   Figure 4 - Grade

   GRAIN AND SEED ELEVATORS. A structure designed and constructed to house hay, grain, or other horticultural products and is clearly incidental to agricultural activity, excluding the business of retail trade.

   GREEN AREA. Land shown on a development plan, master plan, or official map for preservation, recreation, landscaping or a park.

   GREENBELT. See BUFFER.

   GREENHOUSE. A temporary or permanent building whose roof and sides are made largely of glass or other transparent or translucent material, and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment.

   GROUND COVER. Grasses or other cultivated plants grown to keep soil from being blown or washed away, not including weeds or other overgrown, unkempt vegetation.

   GROUNDWATER RUNOFF. Stormwater is discharged into a stream channel as spring or seepage water.

   GROUP DAY CARE HOME. See CHILDCARE ORGANIZATION.

   GUYED TOWER. A monopole or lattice tower that is tied to the ground or other surface by cables.

   HARDCORE MATERIAL. Media characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

   HAZARDOUS MATERIALS. Any materials being declared to be hazardous by any agency of the State of Michigan or of the United States, including but not limited to toxic materials and metal hydroxides.

   HEALTH CARE (SERVICES) FACILITIES. See INSTITUTION, HUMAN CARE.

   HEAVY VEHICLE, EQUIPMENT REPAIR, AND SALES. See FARM EQUIPMENT SALES AND SERVICE.

   HEIGHT OF BUILDING. The vertical distance, measured from the adjoining curb level, to the highest point of the roof of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof. However, where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

   Figure 5 - Building Height

   HIGH-INTENSITY FOOD PROCESSING. The preparation, processing or canning and packaging of food products.

   HIGHWAY. A public thoroughfare or street, excluding alleys, but including federal, state and county roads and those appearing upon plats recorded in the office of the Register of Deeds and accepted for public maintenance.

   HISTORIC STRUCTURE. Historic structures are buildings and monuments, dams, millraces and canals, nautical vessels, bridges, tunnels and roads, railroad locomotives, rolling stock and track, stockades and fences, defensive works, temple mounds and kivas, ruins of all structural types, and outdoor sculpture. These structures must be at least 100 years in age.

   HOMEOWNERS ASSOCIATION. An association of all owners of a project organized for the purpose of administering, managing, and maintaining the common property and facilities. This Association shall be described in all covenants, deeds, or other recorded legal documents which affect the title to any land within the development.

   HOME OCCUPATIONS. Examples of home occupations include short-term rentals, personal services, professional services and small item repair, among others but may include any business carried on by one or more members of a family residing on the premises, provided that:

      (1)   The majority of activities are carried on indoors.

      (2)   It does not have a separate entrance from outside the building.

      (3)   It does not display or create outside the structure any external evidence of the operation of the home occupation, including additional traffic, except for one unanimated, unilluminated wall sign having an area of not more than two square feet.

      (4)   It does not employ any persons other than family members residing on the premises.

      (5)   The hours of operation shall be limited to 8:00 a.m. - 8:00 p.m.

   HORTICULTURE. The cultivation of a garden or orchard. Horticulture specifically excludes operation of a landscaping business.

   HOSPITAL, See INSTITUTION, HUMAN CARE.

   HOTEL. See MOTEL.

   IMPERVIOUS SURFACE. Any material that reduces and prevents the absorption of stormwater into previously undeveloped land.

   INCINERATOR. A device used to burn waste substances and in which all the combustion factors, temperature, retention, time, turbulence and combustion air can be controlled.

   INDUSTRIAL PARK. A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation, and open space.

   INFRASTRUCTURE. Facilities and services needed to sustain industrial, residential and business activities.

   INGRESS. Access or entry.

   INSTITUTION, CULTURAL. See MUSEUM, LIBRARY, EDUCATIONAL INSTITUTIONS.

   INSTITUTION, EDUCATIONAL. A school for kindergarten through twelfth grade or any colleges or universities authorized by the state to award degrees.

   INSTITUTION, HUMAN CARE. A public or private facility for physical, as opposed to mental, care. A human care institution may include hospitals, convalescent, assisted care facilities and nursing homes. It does not include state licensed residential facilities for six or fewer people in one facility or home, or substance abuse rehabilitation facilities.

   INSTITUTION, REHABILITATION. A public or private facility for mental or substance abuse rehabilitation. A rehabilitation institution may include inpatient or outpatient hospitals, halfway houses, and similar facilities.

   INSTITUTION, RELIGIOUS. A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.

   INSTITUTION, SOCIAL. Any profit or nonprofit use or facility in which activities for pleasure or philanthropy are carried out. Such institutions may include service clubs, scout organizations, hobby clubs and veteran's organizations, churches, schools, hospitals, convalescent or nursing homes, public or quasi-public non-profit uses, community facilities, retreats, parks and playgrounds.

   INTENSIVE LIVESTOCK OPERATIONS. See the Michigan Generally Accepted Agricultural Management Practices (GAAMPs).

   INTERSECTION. The point where two or more roads cross at grade.

   JUNK MOTOR VEHICLE/BOAT. An automobile, truck, or other motor vehicle or boat which has been damaged to such an extent that it cannot be operated under its own power, and will require major repairs before being made usable; or such a vehicle which does not comply with state or county laws or ordinances.

   JUNK/SALVAGE YARD. A place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packaged, disassembled, cleaned, or handled, including house and vehicle wrecking yards, used lumber yards, and places or yards for use of salvaged house and vehicle parts, and structural steel materials and equipment. A junk or salvage yard shall not include uses conducted entirely within a completely enclosed building; pawn shops and establishments for the sale, purchase, or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment; and the processing of used, discarded, or salvaged materials as part of manufacturing operations.

   KENNEL or ANIMAL HOSPITAL. Any building or land used for the sale, keeping, boarding, treatment, or breeding of more than four dogs or three cats or other household pets as a business.

   LABORATORY:

      (1)   Medical or dental. A laboratory that provides analytical or diagnostic services to physicians and dentists. No fabrication is conducted on the premises except the custom fabrication of dentures or surgical supports.

      (2)   Experimental. A building or part of a building devoted to the testing and analysis of any product or animal.

   LAND. Ground, soil, or earth, including structures on, above, or below the surface.

   LAND USE. A use of land which may result in an earth change, including, but not limited to, subdivision, residential, commercial, industrial, recreational, or other development, private and public highway, road and street construction, drainage construction, agricultural practices and mining.

   LAND USE PLAN. A plan showing the existing and proposed location, extent and intensity of development of land to be used for varying types of residential, commercial, industrial, agricultural, recreational, educational, and other public and private purposes or combination of purposes.

   LARGE SCALE PRIMARY METAL INDUSTRIES. See MANUFACTURING.

   LATTICE TOWER. A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.

   LEGISLATIVE BODY. The Village of Sebewaing Council.

   LIBRARY. Institutions for the storage and circulation of books, compact discs, videotapes and other materials for use by the general public.

   LICENSED CARRIER. A company authorized by the FCC to construct and operate a commercial mobile radio services system.

   LIVESTOCK AUCTION AND PRODUCTION YARDS. See the Michigan Generally Accepted Agricultural Management Practices, Michigan Right to Farm Act.

   LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for temporary parking of commercial vehicles while loading and unloading merchandise or materials.

   LOT. A lot is the parcel of land upon which the principal building, including any accessories are placed together with the required yards of open space, the legal description of which is on file at the Register of Deeds. A lot is not limited to a recorded subdivision plat.

   LOT AREA. The total horizontal area included within lot lines. Where the front lot line is the centerline of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as the street.

   Figure 6 - Lot Type

   LOT, CORNER. Any lot having at least two contiguous sides abutting upon a street, provided the interior angle of the intersection of the two sides is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lines with the street line, intersect at an interior angle of less than 135 degrees. The outside yard shall be the side yard adjacent to the street.

   LOT COVERAGE. The part or percent of the lot occupied by buildings, including accessory buildings.

   Figure 7 - Lot Information

   LOT DEPTH. The mean horizontal distance from the front street line to the rear lot line.

   LOT, FLAG. A lot not fronting entirely on or abutting a public road and where access to the road is a narrow, private right-of-way.

   LOT, INTERIOR. Any lot other than a corner lot. See graphic for corner lot.

   LOT LINES. Any line bounding a lot, including the following:

      (1)   FRONT LOT LINE. The line separating the lot from the right-of-way of the street; in the case of a corner line, the address of record is the front lot line.

      (2)   REAR LOT LINE. The line opposite to and most distant from the front line; in irregularly shaped lots, it shall be the straight line entirely within the lot, ten feet long, parallel to and most distant from the front lot line.

      (3)   SIDE LOT LINE. Any line other than front or rear lot lines.

   LOT, THROUGH. Is any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required. See graphic for corner lot.

   LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by village officials, and which actually exists as so shown, or any part of such parcel held in separate recorded ownership at the time of adoption of this chapter.

   LOT WIDTH. The lot width shall be considered the average of the width between side lot lines.

   Figure 8 - Lot Width

   LOT, ZONING. A single tract of land that, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.

   LOUNGE. See BAR.

   LUMBERYARD. A commercial or wholesale facility where building materials are sold and where lumber and other construction materials are warehoused within an enclosed yard or building.

   MALL. A shopping center where stores front on both sides of a pedestrian way that may be enclosed or open.

   MANUFACTURED HOME. A dwelling unit, designed and built in a factory.

   MANUFACTURED HOME DEVELOPMENT. A parcel of land under the control of a person upon which three or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose, regardless whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

   MANUFACTURING. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing. The manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

   MARQUEE. Any hood, canopy, awning, or permanent structure that projects from a wall of a building, usually above an entrance.

   MASTER PLAN. A comprehensive long-range plan intended to guide the growth and development of a community. The plan includes analysis, recommendations, and proposals for the community's population, economy, housing, transportation, community facilities and land use.

   MINISTORAGE/SELF STORAGE. A structure containing separate storage areas of varying sizes that are leased or rented on an individual basis.

   MIXED USE ZONING. Regulations that permit a combination of different uses within a single development, under special regulations.

   MOBILE HOME. A structure, transportable in one or more sections, that is built on a chassis and designed for use as a dwelling with or without a permanent foundation, constructed according to the standards promulgated by the U. S. Department of Housing and Urban Development, and which includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. A mobile home does not include a recreational vehicle. (Mobile Home Commission Act.)

   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. (Mobile Home Commission Act.)

   MOBILE HOME SITE/MANUFACTURED HOME SITE. A measured parcel of land within a manufactured home development that is delineated by lot lines on a final development plan and is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home.

   MOBILE HOME SUBDIVISION. A manufactured home development except the mobile home lots are subdivided, surveyed, recorded, and sold in accordance with Michigan Act 288 of 1967, as amended.

   MONOPOLE. The type of mount that is self-supporting with a single shaft of wood, steel, or concrete, without guy wires, and a platform (or racks) for panel antennae arrayed at the top.

   MORTUARY. See FUNERAL HOME.

   MOTEL. A building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transients traveling by automobile. The term MOTEL shall include buildings designed as auto courts, tourist courts, motor hotels, hotels and similar names that are designed as integrated units of individual rooms under common ownership. For the purposes of this chapter, MOTEL and HOTEL have the same meaning.

   MOUNT. The structure of surface upon which antennae are mounted, including the following four types of mounts:

      (1)   Roof-mounted. Mounted on the roof of a building.

      (2)   Side-mounted. Mounted on the side of a building.

      (3)   Ground-mounted. Mounted on the ground.

      (4)   Structure-mounted. Mounted on a structure other than a building.

   MUNICIPAL BUILDING. A structure housing any operation of the village.

   MUNICIPALITY. The Village of Sebewaing.

   MUSEUM. A building having public significance by reason of its architecture or former use or occupancy or building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.

   NATURAL RETENTION AREA. A naturally occurring pond or wetland that retains storm water runoff.

   NONCONFORMING BUILDING, LEGAL. Any building or portion thereof lawfully existing at the time this chapter became effective and does not comply with this chapter's regulations.

   NONCONFORMING LOT, LEGAL. A lot, the area, dimensions or location of which was lawful prior to the adoption, revisions, or amendment of the zoning code; but which fails, by reason of such adoption, revisions, or amendment, to conform to current requirements of the zoning district.

   NONCONFORMING SIGN, LEGAL. Any sign lawfully existing as of the effective date of a chapter, or amendment thereto, that renders the sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended chapter.

   NONCONFORMING USE, LEGAL. Any property use that was lawful at the time the zoning chapter became effective and which now does not comply with its regulations. A legal nonconforming use is a use that is in compliance with the requirements of this chapter.

   NONPROFIT ORGANIZATION. An organization with federal tax status as a non-profit.

   NORTH POINT or NORTH ARROW. The designation on a map illustrating the direction of north.

   NOXIOUS. Offensive or disturbing.

   NUISANCE. An offensive, annoying, unpleasant, or obnoxious thing, or practice, a cause or source of annoyance, especially a continual or repeated invasion of a use or activity that invades the property line of another so as to cause harm or discomfort to the owner or resident of that property.

   NURSERY, PLANT MATERIALS. Any lot or structure used for the growing, harvesting, processing, storing, and/or selling of plants, shrubs, trees and flowers, including products used for gardening and landscaping, but not including fruit and vegetable sales.

   OCCUPANCY PERMIT. A required permit allowing occupancy of a building or structure after it has been determined the building meets all of the requirements of applicable chapters.

   OCCUPANCY PERMIT, TEMPORARY. A certificate of occupancy is issued for a fixed time period to allow occupancy, because seasonal conditions make it impossible to complete all needed external improvements.

   OCCUPIED. Includes arranged, designed, built, altered, converted to, rented or leased or intended to be occupied.

   OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

   OFFICE BUILDING. A building used primarily for conducting the affairs of a business, profession, service, industry, government, or like activity; it may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.

   OMNIDIRECTIONAL (WHIP) ANTENNA. A thin rod that beams and receives signals in all directions.

   OPEN SPACE. Is that part of a zoning lot, including courts or yards, which:

      (1)   Is open and unobstructed from its lowest level to the sky;

      (2)   Is accessible to all residents upon the zoning lot;

      (3)   Is not part of the roof of that portion of a building containing dwelling units;

      (4)   Is comprised of lawn and landscaped area; and

      (5)   Is not part of the roof of an attached garage if said roof is used for a swimming pool deck or recreation deck; and is not higher than 23 feet above grade; and is directly accessible by passageway from the residential building.

   ORCHARD:. The establishment, care, and harvesting of more than 25 fruit-bearing trees or vines, such as apples, cherries, or grapes for the purpose of selling the fruit to others.

   OUTDOOR AMUSEMENT FACILITY. A commercial business that provides amusement facilities, such as miniature golf, carnival rides, petting zoo, and other similar attractions and open to the general public.

   OUTDOOR ASSEMBLY. These uses include outdoor amphitheaters, racetracks, drive-in theaters and similar uses. These uses may also include special purpose assembly such as music festivals, fairs and similar activity where there are 250 or more people in attendance at any one time.

   OUTDOOR SALES.  Uses not conducted from a wholly enclosed building, operated for a profit, and including the following uses:

      (1)   Bicycle, mobile home, travel trailer, motor vehicle, boat or home equipment sale or rental services.

      (2)   Outdoor display and sale of garages, swimming pools, and similar uses.

      (3)   Retail sale of trees, fruits, vegetables, shrubbery, plants, seed, topsoil, humus, fertilizer, trellis, lawn furniture, playground equipment, and other home garden supplies and equipment.

      (4)   Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park or similar recreation uses.

   OUTDOOR USE. A use, the majority of which is carried outside of a structure of any kind. These may include outdoor displays of merchandise, outdoor eating areas, outdoor storage and outdoor recreation under certain circumstances.

   OUTDOOR USE, TEMPORARY. A use carried out in an open area or uncovered or temporary structure that is disbanded when the designated time period, activity or use for which the temporary structure was erected has ceased.

   PANEL ANTENNA. A flat surface antenna usually developed in multiples.

   PARK, NEIGHBORHOOD. Village or county owned land intended to serve the recreation needs of people living or working within one-half mile radius of the park. A neighborhood park is less than 2.5 acres in size.

   PARK, RECREATIONAL. An open area designed for the active and/or passive use of the general public and which may or may not contain playground or exercise facilities and equipment.

   PARKING AISLE. The area behind a parking space used for backing and turning into and out of the parking space. See §§ 153.050 through 153.055 for parking space and aisle required sizes.

   PARKING AREA. An area used for parking, parking aisle, or access of motor vehicles for a fee or as an accommodation for clients, customers, residents, employees or the general public.

   PARKING ACCESS. The area of a parking lot that allows motor vehicles ingress and egress from the street to the parking aisle or parking space of no longer than 100 feet.

   PARKING LOT. An off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles.

   PARKING, OFF-STREET. Any parking area located on the same property it is intended to serve, or in a joint use lot.

   PARKING SPACE. Any vehicle accessible area designated for vehicle parking and exclusive of drives and aisles.

   PATIO, PORCH. Roofed open area that, while it may be glassed or screened, is usually attached to, or part of, and with direct access to or from a building.

   PERFORMANCE STANDARDS. A set of criteria or limits relating to nuisance elements (noise, odor, vibration, toxic and hazardous materials, radiation, flooding, and other similar occurrences) that a particular use or process may not exceed.

   PERMANENTLY AFFIXED. To affix a structure to the ground or to another structure in accordance with the design and material specification of applicable building codes.

   PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

   PERSON. Any individual, partnership, organization, association, trust or corporation. When used as a penalty provision, PERSON shall include the members of such partnership, the trustees of such trust, and the officers and members of such organization, association or corporation.

   PERSONAL SERVICES FACILITIES. Establishments primarily engaged in providing services involving the care of a person or their apparel.

   PERSONAL WIRELESS SERVICE. The three types of services regulated by this chapter as specified in the special use permit regulations. These services are cellular, radio and satellite.

   PERSONAL WIRELESS SERVICE FACILITY. A facility for the provision of personal wireless services, as defined by the Telecommunications Act.

   PETROLEUM BULK PLANT. An establishment for the purpose of storage of petroleum products, in bulk or in packages, distributed by tank car, tank vehicle, or motor truck.

   PETROLEUM REFINING AND CHEMICAL MANUFACTURING. An establishment for the purpose of storage and refining of petroleum and chemical products.

   PLACEMAKING. Placemaking is a multi-faceted approach to the planning, design and management of public spaces. Placemaking capitalizes on a local community's assets, inspiration, and potential, with the intention of creating public spaces that promote people's health, happiness, and well-being.

   PLAN, FINAL. A site plan that has been approved by the Planning Commission.

   PLAN, PRELIMINARY. A site plan that is under review by the Planning Commission or proper review authority and indicates the proposed layout of the subdivision, Planned Unit Development (PUD), or other development.

   PLAN, TENTATIVE PRELIMINARY. A conceptual site plan or sketch showing ideas for development and site use.

   PLANNED UNIT DEVELOPMENT (PUD). A development, planned and developed as a unit, under unified control, developed according to comprehensive and detailed plans, including a program providing for the continual maintenance and operation of such improvements, facilities, and services which will be for the common use of the occupants of the planned unit development, not generally including a shopping center or other commercial developments intended for rental, but PLANNED UNIT DEVELOPMENT includes cluster zoning, planned development, community unit plan, planned residential development, and other zoning requirements which are designed to accomplish the objective of a zoning ordinance 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.

   PLANNING COMMISSION. Planning Commission shall mean the Village of Sebewaing Planning Commission organized under P.A. 33 of 2008, as amended, the Michigan Planning Enabling Act, unless the specific use or the context indicates a different reference.

   POND. A permanent or temporary body of man-made open water that is more than 0.25 acres in size and less than 1.0 acre in size.

   POOL, COMMERCIAL SWIMMING. An artificially constructed basin for holding water for use by paying customers or patrons of a commercial facility.

   POOL, PRIVATE SWIMMING. Any artificially constructed basin or other structure for holding water for use in swimming, diving, and other aquatic sports and recreation. The term SWIMMING POOL does not include any plastic, canvas, or rubber pool temporarily erected upon the ground holding less than 500 gallons of water and not over 24 inches deep. SWIMMING POOL shall mean any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

   POTABLE WATER. Water suitable for drinking or cooking purposes.

   PRINCIPAL BUILDING. A building in which is conducted the principal use allowed of the lot in the district in which it is situated.

   PRINCIPAL USE. The primary and predominate use of the premises including customary accessory uses.

   PRIVATE. Not publicly owned or otherwise regulated by the State of Michigan either by statute or by rules and regulations of one of its administrative bodies.

   PROFESSIONAL SERVICES. Services offered to the general public such as law, medicine, engineering, accounting, and architecture.

   PROCESSING. Any operation changing the nature of material or materials such as the chemical composition, physical qualities, or size or shape. Does not include operations described as fabrication or assembly.

   PUBLIC FACILITIES. Facilities that are owned and operated by a municipality, government agency, or publicly owned utility.

   PUBLIC HEARING. A meeting announced and advertised in advance and open to the public, with the public being given an opportunity to speak or participate.

   PUBLIC SERVICE INSTALLATION. A building, structure or use of land that provides a service that is essential to the general public's convenience or safety and is also defined as a PUBLIC UTILITY.

   PUBLIC UTILITY (PUBLIC SERVICE UTILITY). Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under state or municipal regulations to the public, gas, steam, communication, telegraph, transportation, or water, sanitary sewer or storm sewer.

   PUBLIC WAY. A highway, street, avenue, boulevard, road, lane, alley or other area specifically designated and continuously maintained for public access.

   QUASI PUBLIC AGENCY. A service owned and operated by a nonprofit, religious, or missionary institution and providing educational, cultural, recreational, or similar types of public programs.

   QUORUM. A simple majority of the full membership of a board or agency.

   RADIO ANTENNA. A signal-receiving device, the purpose of which is to receive radio signals from radio transmitters in the area.

   RADIO TOWER. A signal-sending device, the purpose of which is to distribute radio signals from a radio transmitter or transmitters in the area.

   RAISING AND KEEPING OF LIVESTOCK. See FARMING FOR CASH CROPS AND LIVESTOCK.

   RECREATION, COMMERCIAL INDOOR. A commercial recreational land use conducted entirely within a building, including arcade, arena, art gallery and studio, art center, assembly hall, athletics and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool or billiard hall, skating rink, swimming pool, and tennis court.

   RECREATION, OUTDOOR. Recreational uses conducted almost wholly outdoors, including golf driving ranges (not associated with a golf course), miniature golf, firing ranges, water parks, amusement parks, and similar uses.

   RECREATION, PRIVATE. Recreational, playgrounds and parks activities that are not open to the general public and for which a fee may or may not be charged.

   RECREATIONAL EQUIPMENT. Includes travel trailers, pickup campers, motor homes, ice fishing houses, tent trailers, tents, boats and boat trailers, personal watercraft, snowmobiles, off-road vehicles of any kind, and similar equipment and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not.

   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.

   RECREATIONAL VEHICLE (RV) PARK/CAMPGROUND. A parcel of land reserved for the location of recreational vehicles, including building sites set aside for group camping and similar recreational vehicles.

   RECYCLING FACILITY. The process by which waste products are reduced to raw materials and transformed into new and often different products.

   RELIGIOUS INSTITUTION. See INSTITUTION, RELIGIOUS.

   RESEARCH AND DEVELOPMENT FACILITY. Any facility that is involved in the inquiry, examination, investigation or experimentation aimed at the discovery and/or interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories of laws and the development thereof. Development may include a limited number of test units of a given product resulting from such research and shall include limited production while a product is being test-marketed, which is the interim step between full research and development and ultimate full-scale production.

   RESIDENCE. A home, abode, or place where an individual is residing at a specific point in time.

   RESIDENTIAL, RESIDENTIAL USE, or RESIDENTIAL DISTRICT. The use of land parcels for human habitation. RESIDENTIAL shall not be construed or interpreted to mean the storage, sale (wholesale or retail), trade, transfer, fabrication, production, manufacture, or development of goods and services.

   RESOURCE RECOVERY FACILITY. A fully enclosed building where waste is sorted and classified by type and material, such as ferrous metal, nonferrous metal, aluminum, paper, newsprint, boxed board, plastic and glass colors. The purpose of such a building is to reuse the recovered materials.

   RESTRICTION. A limitation on property, which may be created in a deed, lease, mortgage, or other appropriate document, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.

   RESTRICTIVE COVENANT. A restriction on the use of land usually set forth in a deed or other appropriate document.

   RETAIL TRADE. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

   RESTAURANT. A business located in a building where, in consideration for the payment of money, meals are habitually prepared, sold and served to persons for consumption on or off the premises, having suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of goods that may be required for ordinary meals, and deriving the major portion of its receipts from the sale of food and complying with state and federal health regulations.

   RETREATS. See INSTITUTIONS, SOCIAL.

   RIDING STABLES. Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch, similar establishment or business.

   RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation, and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, or other similar uses.

   RIGHT-OF-WAY LINE. The boundary of a dedicated street, highway, or strip of land used or reserved for the placement or location of utilities and facilities. See graphic for lot lines.

   RINGLEMANN CHART. A device to measure the opacity of smoke emitted from stacks and other sources.

   ROAD FRONTAGE. The length of the lot line that borders a public or private road at the right-of-way line.

   ROADSIDE STANDS. A booth or stall located on a farm from which produce and farm products are sold to the general public.

   RUNOFF. The portion of rainfall, melted snow, or irrigation water that flows across ground surface and is eventually returned to streams.

   SALES AND SERVICE OF AGRICULTURAL MACHINES. See AUTO SALES AND SERVICE.

   SALVAGE YARD. A place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packaged, disassembled, cleaned, or handled, including house and vehicle wrecking yards, used lumber yards, and places or yards for use of salvaged house and vehicle parts, and structural steel materials and equipment. SALVAGE YARD shall not include uses conducted entirely within a completely enclosed building; pawn shops and establishments for the sale, purchase, or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment; and the processing of used, discarded or salvaged materials as part of manufacturing operations.

   SANITARY LANDFILL, SOLID WASTE TRANSFER STATIONS. Any operation that is licensed by the State of Michigan or its agencies as a sanitary landfill or is subject to the requirement of having such a license.

   SAWMILL, LUMBERING. The cutting and storing of forest products and the operation of portable sawmills and planers.

   SCALE. The relationship between distances on a map and actual ground distances.

   SCHOOL. See INSTITUTION, EDUCATIONAL.

   SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

   SEASONAL BUSINESS. A retail business or service business that is not normally used as a business for more than six months during any one calendar year.

   SECURITY BARRIER. A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

   SENIOR HOUSING. A residential complex containing multiple family dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area but exclude institutional care such as medical or nursing care where patients are confined to bed.

   SEPARATION. The distance between one carrier's array of antennae and another carrier's array.

   SETBACK. The minimum required horizontal distance measured from the front, side or rear lot line, whichever is applicable, of a lot of record for purposes of determining the minimum amount of open space surrounding the main structure on that lot. See graphic for lot lines.

   SEWAGE TREATMENT PLANT. A facility designed for the collection, removal, treatment, and disposal of waterborne sewage generated within a given service area.

   SEXUALLY ORIENTED BUSINESS. An inclusive term used to describe collectively: adult cabaret, adult motion picture theater; adult media store; bathhouse; massage shop; modeling studio and/or sex shop. This collective term does not describe a specific land use and should not be considered a single-use category.

   SHORT-TERM RENTALS. Any dwelling or condominium or portions thereof, in which the owner does not reside, that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation for a period of less than 180 consecutive days.

   SIGNS:

      (1)   A name identification, description, display or illustration that is affixed to or represented directly or indirectly upon a building, structure or piece of land and is intended to direct attention to an object, product, place, activity, person, institution, organization or business. However, a SIGN shall not include a sign located completely within an enclosed building.

      (2)   For the purpose of this chapter, the following sign or sign-related terms are here defined:

         (a)   AREA, OR SURFACE AREA, OF SIGN. Measurement of a sign includes the entire area within a circle, triangle, or parallelogram enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. This excludes the necessary supports or uprights on which the sign is placed but includes any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back-to-back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. In the case of a sphere, the total area of the sphere shall be divided by four to determine the maximum permitted sign area. The height of a sign shall be measured from the average grade of the lot at the setback line. If a sign includes a numeric address, the portion of the sign containing the address numbers shall not be counted toward the total square footage of the sign.

         (b)   ABANDONED SIGN. If a sign advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer being offered or conducted at that site for a period of 14 days, that sign shall be considered abandoned.

         (c)   BANNER. Either a temporary sign or portable sign, depending on how it is used.

         (d)   CONSTRUCTION SIGNS. A temporary sign in place on a construction site indicating a building and/or leasing activity.

         (e)   DIRECTIONAL SIGNS. Signs posted to show direction of traffic flow through the property.

         (f)   ELECTRIC SIGN. Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.

         (g)   ELECTRONIC MESSAGE BOARD. Changeable copy/image signs in which the copy/image consists of an array of lights activated and deactivated.

         (h)   FREESTANDING SIGNS. Signs that are supported from the ground by a structure and are not attached to a building.

         Types:

            1.   Elevated sign. A sign elevated high above ground level, typically on a pole or other structure.

            2.   Ground sign. A sign low to the ground and typically used to identify large buildings, institutions and real estate developments.

         (i)   ILLUMINATED SIGN. A sign that provides artificial light directly or through any transparent or translucent material.

         (j)   INTEGRAL SIGN. Names of buildings or farm, date of erection, monumental citations, commemorative tablets and the like when made an integral part of the walls of the structure (or roof for farm buildings).

         (k)   JOINT SIGN. A sign that gives direction and identification to a group of adjacent businesses whether or not under single management.

         (l)   LOCATION. A lot, premise, building, wall or any place whatsoever upon which a sign is located.

         (m)   MARQUEE. An identification sign attached to or made a part of a marquee, canopy, or awning projecting from and supported by the building.

         (n)   MERCHANDISING SIGNS. Signs identifying products or services available at the establishment and their prices. This is a descriptive term. Regulation depends on whether the sign is permanent, portable, temporary, a sign cover or a safety concern.

         (o)   MONUMENT or GROUND MOUNTED. A freestanding sign where the base of the sign structure is on the ground or integrated into landscaping or other solid structural features other than support poles.

         (p)   MULTI-TENANT SIGNS. Wall, ground or freestanding signs for unified developments, such as shopping centers and office parks, shall identify only the development, individual tenants or establishments.

         (q)   NON-DWELLING USE SIGN. A sign located on a parcel that does not have a dwelling as its principal structure and is located in a residential district. Examples of the uses that may be associated with non-dwellings in these districts include but are not limited to subdivisions, schools, religious institutions, historic structures, public buildings, cemeteries, agricultural operations and agricultural retail facilities.

         (r)   POLITICAL SIGNS/POSTERS. Signs intended for use in promoting either a candidate for public office or proposal or similar issue that will be placed before the public to vote.

         (s)   PORTABLE SIGNS. Portable signs are those signs that are designed to be transported. Examples of signs designed to be transported include, but are not limited to, signs on a trailer or trailer frame and designed to be transported by means of wheels; signs converted to "A" or "T" frames that sit on the ground or lean against a permanent structure; menus and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operation of the business. Portable signs may be a printed banner, changeable copy or portable LED messaging units. If a sign more accurately fits the definition of a temporary sign, it shall not be considered portable for the purposes of this chapter.

         (t)   REAL ESTATE SIGNS. Signs intended for temporary use in promoting the sale of real estate, with or without structures.

         (u)   ROOF LINE. This shall mean either the high point of the roof or the top of the parapet, whichever forms the top line of the building silhouette and where a building has several roof levels; this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

         (v)   ROOF SIGNS. Signs placed on the roofs of buildings, supported by the roof and within the lines of exterior walls. If a wall extends above a roofline and supports a sign, it shall be considered a wall sign and not a roof sign in this chapter.

         (w)   SETBACK. A distance measured from the outer boundary of a parcel in which erection of a sign is not permitted. A front setback is measured from the edge of the right-of-way of any abutting roadway. A rear setback is measured from the property line opposite the roadway. A side setback is measured from any other abutting property line. Corner lots shall require two front setbacks, but only one rear setback.

         (x)   SIGN. A name identification, description, display or illustration that is affixed to or represented directly or indirectly upon a building, structure or piece of land and is intended to direct attention to an object, product, place, activity, person, institution, organization or business. This includes changeable copy and LED (light-emitting diode) portable signs. For this chapter, a national flag or official court or public office notice is not considered a sign. A sign located inside of a window shall not be regulated under this chapter.

         (y)   SIGN COVER. Signs are defined as SIGN COVER only when they are located on permitted signs and cover up the content of the permitted sign. This includes a display sign, banner or other advertising device, with or without a structural frame, constructed of nondurable materials and intended for a limited period of use.

         (z)   STREET BANNERS. Fabric signs suspended across public streets advertising a public entertainment or event. The location and contents of each street banner must be specially approved by the County of Tuscola.

         (aa)   SUBDIVISION SIGN. A sign intended as identification for a residential subdivision.

         (bb)   TEMPORARY SIGN. A display sign, banner or other advertising device, with or without a structural frame, intended for a limited period of use. Signs are defined as temporary when they are attached to a permanent structure, including but not limited to a building, light pole, trees, bushes, or fences. If a sign more accurately fits the definition of a portable sign, it shall not be considered temporary for the purposes of this chapter.

         (cc)   WALL SIGNS. Signs permanently attached to the exterior wall of a building and projecting out from such walls no more than 14 inches. The area of the wall sign includes that area within a continuous line enclosing all letters and graphic symbols of the sign.

         (dd)   WINDOW SIGNS. Signs hung outside of a window and within the framework of any window of a business or residence.

   SINGLE OWNERSHIP. Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.

   SITE. Any plot or parcel of land or combination of contiguous lots or parcels of land.

   SITE CONDOMINIUM. See PLANNED UNIT DEVELOPMENT.

   SITE PLAN. The development plan for one or more lots, on which is shown the existing and proposed conditions of the lot.

   SITE PLAN REVIEW AND APPROVAL. The submission of plans for review and approval, as required by this chapter and special use permits.

   SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and the refining of their by-products.

   SLOPE. The degree of deviation of a surface from the horizontal, usually expressed as a percent or degrees.

   SOIL. All unconsolidated mineral and organic material, of whatever origin, that overlies bedrock and can be readily excavated.

   SOIL RESOURCE EXTRACTION. All or any part of the process involved in the mining of minerals by removing excess materials and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.

   SPECIAL LAND USE. A use, permitted within certain zoning districts, of such a nature that the public has reserved the right to approve its exact location, subject to conditions stated in this chapter and to any special conditions imposed by the Planning Commission to protect the use by right of other properties in the village.

   SPECIFIED ANATOMICAL AREA:

      (1)   Less than completely opaquely covered human genitals, pubic region, buttock, female breast below a point immediately above the top of the areola.

      (2)   Human genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITY. Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

   SPOT ZONING. Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses, and not for the purpose or effect of furthering the objectives of the Village of Sebewaing Master Plan.

   SQUARE FOOTAGE. The length times width of a building, structure or use.

   STACKED FLATS. A type of rowhouse that is divided into two, two story units, stacked on top of each other. Both units are accessible from the street with garages accessible from an alley.

   STADIUM. A large open or enclosed place used for games and major events, partly or completely surrounded by tiers of seats for spectators.

   STALL, PARKING. The parking space in which vehicles park.

   STATE LICENSED RESIDENTIAL FACILITY. A private home licensed by the State Department of Social Services for care of sick, elderly or handicapped adults. A family home is defined as having one to six adults; a group home has seven to 20.

   STORAGE, BULK. The holding or stockpiling on land of material and/or products where such storage constitutes 40% of the developed site area and the storage area is at least one acre, and where at least three of the following criteria are met by the storage activity:

      (1)   In a bulk form or in bulk containers;

      (2)    Under protectiv e cover to the essential exclusio n of other uses of the same space due to special fixtures or exposure to the elements ;

      (3)    In sufficien t number, quantitie s, or spatial allocation of the site to determine and rank such uses as the principal use of the site;

      (4)   The major function is the collection and/or distribution of the material and/or products rather than processing; and

      (5)   The presence of fixed bulk containers or visible stockpiles for a substantial period of a year.

   STORAGE, INDOOR. See WAREHOUSE.

   STORAGE, OUTDOOR. See OUTDOOR USE.

   STORM SEWER. A conduit that collects and transports runoff of stormwater.

   STORMWATER DETENTION. Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof.

   STORY. That portion of a building included between the surface of any floor above the average elevation or ground at the foundation wall 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.

   Figure 9 - Basic Structural Terms

   STORY, HALF. Is an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.

   STORY, MEZZANINE. An intermediate level or levels between the floor and ceiling of any story, with an aggregate floor area of not more than 50% of the area below it.

   STREET. A public right-of-way that has been dedicated to the public and accepted for the purpose of providing access to abutting private lots or land, including space for curb, gutter, paving, and sidewalks.

   STREET, CUL-DE-SAC. A street with a single, common ingress and egress, and with a turnaround at the end.

   STREET, GRADE. The top of the curb or the top of the edge of the pavement or traveled way where no curb exists.

   STREET, PRIVATE. A street that is not public as defined by this chapter.

   STREET, PUBLIC. Any public right-of-way, conforming to Village of Sebewaing standards, that provides vehicular access to adjacent properties.

   STRUCTURE. See BUILDING.

   STRUCTURE 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.

   STRUCTURE 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.

   SUBDIVISION OR SUBDIVIDE. The division of single lot or parcel of land, or part thereof, into two or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership for residential, commercial, or industrial purposes; or the division of a single lot, tract, or parcel of land, or a part thereof, into two or more lots, tracts, or parcels by means of buildings, building groups, streets, alleys, parking areas, or leaseholds, for the purpose, whether immediate or future, of building development for residential, commercial or industrial purposes, provided, however, that divisions of land for agricultural purposes only, not involving any new street or easement of access, shall not be included.

   SUBDIVISION CONTROL ACT. See Public Act 288 of 1967, as amended.

   SUBSTANCE ABUSE REHABILITATIONS CENTER. See INSTITUTION, REHABILITATION.

   SUPPLY YARD. A fenced yard for the open or enclosed storage of supplies, equipment, or merchandise.

   SWALE. A depression in the ground that channels runoff.

   SYSTEM BUILT HOME. See MANUFACTURED HOME.

   TATTOO/BODY PIERCING PARLOR. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:

      (1)   Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;

      (2)   Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

   TAVERN. See BAR.

   TEMPORARY BUILDING AND STRUCTURES. A use in a temporary building or structure, such as a portable storage unit, established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period granted in the special use permit.

   TENANT. An occupant of land or premises who occupies, uses, or enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner's consent.

   THEATER. A building, or part of a building, devoted to showing motion pictures, or dramatic, musical, or live performances.

   THOROUGHFARE. A thoroughfare is a road or street which is intended to provide access for more than two dwelling units. If the thoroughfare is maintained by the public, it is a public thoroughfare; if it is not maintained by the public but is generally open to members of the public for the passage of motor vehicles, it is a private thoroughfare. A way which is principally a private driveway from which members of the public are generally excluded shall not be considered a thoroughfare.

   TOWING OPERATIONS. An establishment that provides for the removal and temporary storage (seven days) of vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles.

   TOWNHOUSE. A structure in which each dwelling unit shares a common wall with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and upper floor and has a separate ground-floor entrance.

   TRAILER. Any vehicle designed to be drawn by an automotive/motorized vehicle.

   TRUCK AND RAILROAD TERMINALS:

      (1)   A place where transfer between modes of transportation takes place.

      (2)   A terminating point where goods are transferred from a truck to a storage area, or to other trucks, or picked up by other forms of transportation.

   TRUCK TRACTOR. The driving and control component of a trailer rig. A truck tractor is a self-propelled vehicle to which a trailer is attached.   

   UNIFIED CONTROL. The combination of two or more tracts of land, wherein each owner has agreed their tract of land shall be developed as part of a planned development and shall be subject to the control applicable to the planned development.

   USE, BY RIGHT. Any use that is listed as a use by right in any given zoning district in this chapter. Uses by right are not required to show need for their location.

   USE, CHANGE OF. Any use which substantially differs from the previous use of a building or land, or which imposes other special provisions of law governing building construction, equipment, egress or ingress.

   USE, LAWFUL. The legal use of any structure or land that conforms with all of the regulations of this code or any amendment that exists at the time of the enactment of this code or any amendment thereto. All other uses are considered nonconforming uses that may be deemed legal or illegal.

   USE, TEMPORARY. A use in a temporary building or structure on a parcel, established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period granted in the administrative permit. An outdoor temporary use has fewer than 250 people in attendance at one time and may require a special use permit if determined by the Zoning Administrator.

   USED CAR LOT. See VEHICLE SALES.

   VARIANCE. A modification of the required provisions of the physical development or land use standards of the zoning code granted when strict enforcement of the zoning code would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted.

   VEHICLE, MOTOR. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle.

   VEHICLE REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles or trailers; collision service, including body frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning and oil change.

   VEHICLE SALES. A lot or portion thereof to be used only for the display and sale of automobiles that are in a condition to be driven off the lot. A USED CAR LOT shall not be used for the storage of wrecked automobiles, the dismantling of automobiles, or the storage of automobile parts.

   VETERINARY HOSPITAL. See KENNEL.

   VISIBLE. Visible means capable of being seen by a person of normal visual acuity.

   WALL, OBSCURING. A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.

   WAREHOUSE. A building primarily used for the storage of goods and materials.

   WATER SUPPLY SYSTEM. The system for the collection, treatment, storage, and distribution of potable water from the source of supply to the consumer.

   WETLANDS. Areas delineated by the Michigan Department of Environment, Great Lakes, and Energy as wetlands.

   WHOLESALE SALES. Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

   WINDMILL. A structure utilizing wind power for the pumping of water for agricultural use on the parcel of property on which the windmill is located, or for electrical power generation for a residence and other permitted structures and uses located on the subject parcel of property.

   WIND POWER GENERATING FACILITIES. Wind generating facilities that generate original power on-site to be transferred to a transmission system for distribution to customers. The definition of wind power generating facilities shall not include individual wind power generating facilities erected and used primarily for private use.

   WIRELESS COMMUNICATION FACILITY. Any device, including cellular towers, used for transmitting and receiving radio waves, microwaves, and other similar frequencies.

   YARDS. See SETBACK. A yard is the open ground space on premises unoccupied by buildings and includes the following:

      (1)   The front yard is defined as the yard extending across the full width of a premises between the nearest line of the main building or accessory structure and the front line or highway right-of-way, as the case may be.

      (2)   The side yard is defined as the yard extending the full depth (extending from the lot line or highway right-of-way line to the rear line of the premises) of a premises between the nearest line of the main building or accessory structure and adjacent lot line.

      (3)   The back yard is defined as all open, unoccupied spaces on the same premises with the building, between the building and rear lot line.

      (4)   Required yard is a yard, as defined, that occupies the area of a required setback.

   Figure 10 - Required Yards

   YARD SALE. A sales activity that takes place on an agriculturally or residentially zoned parcel for no more than five consecutive days, twice in a calendar year. Sales that exceed this duration are TEMPORARY OUTDOOR USES.

   ZERO LOT LINE. The location of a building in such a manner that one or more of the building's sides is directly on a lot line.

   ZONE. A specifically delineated area or district in a municipality, within which regulations and requirements uniformly govern the use, placement, spacing, and size of lots and buildings.

   ZONING. The dividing of a municipality into districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.

   ZONING ADMINISTRATOR. Zoning Administrator shall mean the Village of Sebewaing Zoning Administrator.

   ZONING BOARD OF APPEALS. Zoning Board of Appeals shall mean the Village of Sebewaing Board of Appeals unless the specific use or the context indicates a different reference.

(Ord. passed 11-16-2020)