(a) Construction of Language. The following rules of construction apply to the text of this Zoning Code:
(1) The particular shall control the general.
(2) In the case of any difference of meaning or implication between the text of this Zoning Code and any caption or illustration, the text shall control.
(3) The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
(4) Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(5) "Building" or "structure" includes any part thereof.
. (6) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for."
(7) The word "person" includes an individual, corporation, partnership, incorporated association or similar entity.
(8) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows:
A. "And" indicates that all the connected items, conditions, provisions or events shall apply.
B. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
C. "Either . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(9) Terms not herein defined shall have the meaning customarily assigned to them.
(b) Definitions. In addition, as used in this Zoning Code:
(1) Accessory use or accessory. "Accessory use" or "accessory" means a use which is clearly incidental to, customarily found in connection with, and located on the same zoning lot as, unless otherwise specified, the principal use to which it is related. "Accessory" shall have the same meaning as "accessory use."
An accessory use includes, but is not limited to, the following:
A. Residential accommodations for servants and/or caretakers;
B. Swimming pools for the use of the occupants of a residence or their guests;
C. Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure;
D. A newsstand primarily for the convenience of the occupants of a building, which newsstand is located wholly within such building and has no exterior signs or displays;
E. The storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations;
F. The storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;
G. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;
H. Uses clearly incidental to a main use, including, but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex;
I. Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located; and
J. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
(Ord. 458. Passed 1-4-89.)
(2) Adult business. “Adult business” means adult bookstores, adult movie theaters, adult personal service businesses, adult cabarets, massage, tattoo and body art establishments and nude modeling studios, defined as follows:
A. "Adult bookstore" means an establishment having more than twenty percent of its stock in trade in books, magazines and other periodicals, and/or photographs, drawings, slides, films, video tapes, recording tapes and novelty items, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and an establishment with a segment or section devoted to the sale or display of such material, which segment or section exceeds ten percent of the usable floor area of the establishment.
B. "Adult movie theater" means an enclosed building or room used for presenting motion picture films, video cassettes, cable television or any other visual media having as a dominant theme materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas for observation by patrons therein.
C. "Adult personal service business" means a business having as its principal activity a person, while nude or while displaying specified anatomical areas, providing personal services for another person. Such a business includes, but is not limited to, a modeling studio, a body painting studio, a wrestling studio and a conversation parlor.
D. "Adult cabaret" means:
1. "Group A cabaret" means an establishment which features nude or semi-nude entertainers, topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, nude or semi-nude waitresses or waiters or similar entertainers, or an establishment which features live entertainment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
2. "Group D cabaret" means an establishment licensed by the Michigan Liquor Control Commission, which establishment offers beer or intoxicating liquor for consumption on the premises and features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, topless waitresses or similar entertainers.
E. "Massage parlor" means an establishment wherein private massage is practiced, used or made available as a principal use of the premises.
F. "Nude modeling studio" means any building, structure, premises or a part thereof used primarily as a place which offers as its principal activity the providing of models to display specified anatomical areas for artists and photographers for a fee.
G. For purposes of this paragraph (b)(2):
1. "Buttock" includes the anus and perineum of any person.
2. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the body of another, for a fee.
3. "Sexual intercourse" includes fellatio, cunnilingus, anal intercourse or any other intrusion, however slight, of any part of a person's body, or of any object, into the genital or anal openings of another's body.
4. "Sodomy" means sexual bestiality.
5. "Specified anatomical areas" means:
a. Less than completely and opaquely covered:
(A) Human genitalia and the pubic region;
(B) A buttock and the anus; and
(C) A female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
6. "Specified sexual activities" means:
a. Human genitalia in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitalia, the pubic region, a buttock, the anus or a female breast.
H. “Body art establishment” means an establishment where the perforation and/or branding of human tissue other than an ear for a non-medical purpose is performed, whether or not it is in exchange for compensation or any form of consideration.
I. “Tattoo establishment” means an establishment were persons are tattooed for consideration, other than by a licensed medical practitioner, or any place where tattooing is regularly conducted whether or not it is in exchange for compensation. “Tattoo,” “tattooed,” “tattooing” is any method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance, by the aide of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.
(Ord. 579. Passed 8-9-95; Ord. 994. Passed 10-18-17.)
(2A) Adult day-care facility.
A. “Adult family day-care home.” A private home in which six or less adults 18 years of age or older, receive care for periods of less than 24 hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
B. “Adult group day-care home.” A private home in which more than six but not more than 12 adults 18 years of age or older, receive care for periods of less than 24 hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
(Ord. 16-973. Passed 2-3-16.)
(2B) Adult foster-care facility. A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, M.C.L.A. §§ 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. The following additional definitions shall apply in the application of this zoning code:
A. “Adult foster care family home.” A private residence with the approved capacity to receive six or fewer adults to be provided supervision, personal care, and protection in addition to room and board, 24 hours a day, five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.
B. “Adult foster care small group home.” An owner-occupied facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks.
(Ord. 16-973. Passed 2-3-16.)
(3) Alley. "Alley" means any dedicated public right of way affording a secondary means of access to abutting property and not intended for general traffic circulation.
(4) Alteration. "Alteration" means any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as walls, partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
(5) Apartment. "Apartment" means a suite of rooms or a room in a multifamily building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(6) Apartment house. See Dwelling, multifamily.
(7) Automobile repair, major. "Major automobile repair" means general repair, engine rebuilding or rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and overall painting and undercoating of automobiles.
(7A) Automobile repair, minor. “Minor automobile repair” means servicing, repair, and/or installation of motor vehicle accessories such as spark plugs, batteries, tires, mufflers, fan belts, greasing, lubrication and radiator flushing, and minor motor adjustments. At no time shall major mechanical work, body work, or other work involving noise, fumes, smoke, or other characteristics to an extent greater than normally found in a typical service station.
(Ord. 728. Passed 8-29-01.)
(8) Basement. "Basement" means that portion of a building which is partly or wholly below grade, but which is so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
(9) Billboard. "Billboard" means any construction or portion thereof upon which there is a sign or advertisement used as an outdoor display for the purpose of making anything known to the general public, but not including bulletin boards used to identify public or quasi-public uses.
(9A) Biological material depository. “Biological material depository” means a private business, which provides compensation to patrons for the sale of biological material drawn from the patron’s body including blood, plasma, or other tissues or fluids.
(Ord. 20-1013. Passed 12-2-20.)
(10) Block. "Block" means the property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right of way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development or corporate boundary line of the Municipality.
(11) Board. "Board" means the Board of Zoning Appeals.
(12) Boarding or rooming house. "Boarding or rooming house" means any dwelling wherein rooms are occupied as a home or household unit and are leased or rented, without any attempt to provide therein cooking or kitchen accommodations for individuals leasing or renting rooms.
(13) Buildable area. "Buildable area" means the space remaining after the minimum open space and parking requirements of this Zoning Code have been met.
(14) Building. "Building" means any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.
(15) Building height. "Building height" means 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.
(16) Building Inspector (Official). "Building Inspector (Official)" means the Director of Inspections or his or her authorized representative.
(17) Building line. "Building line" means a line formed by the exterior surface of a building opposite the front lot line. For the purposes of this Zoning Code, a minimum building line is the same as a front set-back line.
(18) Cellar. See Basement.
(19) Clinic. "Clinic" means a structure housing under one roof facilities for the medical or dental care, diagnosis or treatment of sick, ailing, infirm and injured persons, and persons who are in need of medical, dental or surgical attention and who are not kept on the premises for more than forty-eight hours.
(20) Club. "Club" means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
(20A) Color, earth tone. “Earth tone” means a color scheme that resembles the hue of soil defined as the surface layer of earth and draws from a color palette of browns, grays, and dark reds. The colors in an earth tone scheme shall be muted and flat in an effort to emulate the natural colors found in dirt and rocks.
(Ord. 728. Passed 8-29-01; Ord. 08-857. Passed 2-16-08.)
(21) Commercial vehicle. "Commercial vehicle" means any motor vehicle which is used for the transportation of passengers for hire, which is constructed or used for the transportation of goods, wares or merchandise, or which is designed and used for drawing other vehicles.
(22) Commission. "Commission" means the City Planning Commission.
(Ord. 458. Passed 1-4-89.)
(22A) Condominium. "Condominium" means a form of ownership which, for purposes of this Zoning Code, is applied to the following terms:
A. "Condominium Act" means Act 59 of the Michigan Public Acts of 1978, as amended.
B. "Condominium site plan" means a scaled drawing of a site, including a survey, utility layouts, floor plans and elevation sections, as appropriate, showing existing and proposed structures, improvements, parking, etc., as the same are to be erected on the site.
C. "Condominium unit" means that portion of the project designed and intended for separate ownership and use, as described in the master deed.
D. "Consolidating master deed" means the final amended master deed for a contractible or expandable condominium project, or for a condominium project containing convertible land or space, which final amended master deed fully describes the condominium project as completed.
E. "Contractible condominium" means a condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provisions in the condominium documents, and in accordance with this subsection and the Condominium Act.
F. "Conversion condominium" means a condominium project containing condominium units, some or all of which were occupied before the establishment of the condominium project.
G. "Convertible area" means a unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units, or general or limited common elements, may be created pursuant to express provision in the condominium documents and in accordance with this subsection and the Condominium Act.
H. "Expandable condominium" means a condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this subsection and the Condominium Act.
I. "Master deed" means a condominium document recording the condominium project as approved by the City, to which is attached, as exhibits, and incorporated by reference, the approved bylaws for the project and the approved condominium subdivision plan for the project.
(Ord. 465. Passed 5-24-89.)
(23) Convalescent or nursing home. "Convalescent or nursing home" means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing services and limited medical care.
(23A) Convenience Store. "Convenience store" means a small retail establishment developed as a component of a neighborhood, which operates to meet the daily needs of the local market.
(Ord. 728. Passed 8-29-01.)
(24) Court. "Court" means an open, unoccupied space, other than a yard, bounded on at least two sides by a building. A court extending to a front yard or a front lot line, or to the rear lot or rear lot line, or to an exterior street side yard or exterior street side lot line, is an outer court. Any other court is an inner court.
(25) Density. "Density" means the total number of dwelling units that may be placed on an acre of land in a zoning district.
(26) Development. "Development" means 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.
(27) District. "District" means a portion of the incorporated area of the Municipality within which certain regulations and requirements or various combinations thereof apply under this Zoning Code.
(28) Drive-in. "Drive-in" means a business establishment, other than for the dispensing of food and beverages, so designed that its retail or service character is dependent on providing a driveway, standing space or parking space for motor vehicles so as to serve patrons while in a motor vehicle.
(29) Driveway. "Driveway" means any area or portion of a premises, lot, parcel or yard used or proposed to be used to provide a means of ingress, egress, access and circulation of vehicles and traffic to, from and between any public or private street or road, principal or accessory building, use or structure, loading space or parking lot or space.
(30) Driveway approach. "Driveway approach" means that portion of a driveway located between the road right-of-way line and the travel portion of the roadway.
(31) Dwelling. "Dwelling" means a place of residence, an abode or a place of continued living.
(32) Dwelling, multifamily. "Multifamily dwelling" means a building or portion thereof designed exclusively for occupancy by three or more families living independently of each other.
(33) Dwelling, single (one) family. "Single (one) family dwelling" means an attached or detached dwelling building designed and intended for occupancy by one family.
(34) Dwelling, two-family. "Two-family dwelling" means a detached building designed and intended for occupancy by two separate families separated from each other by a common party wall with separate cooking and toilet facilities.
(35) Earth berm, obscuring. "Obscuring earth berm" means an earthen mound of definite height, location and appearance designed to serve as an obscuring device in carrying out the requirements of this Zoning Code.
(36) Easement. "Easement" means a quantity of land set aside, over which a liberty, privilege or advantage is granted by the owner to the public or a part thereof, to a corporation or to a particular person for a specific use and purpose. An easement may be designated as a public or a private easement depending on the nature of the user.
(37) Efficiency apartment. "Efficiency apartment" means a dwelling unit consisting of not more than one room in addition to kitchen and necessary sanitary facilities.
(38) Entrance ramp. "Entrance ramp" means a roadway connecting a feeder road with a limited access highway and used for access to such limited access highway.
(39) Erected. "Erected" means built, constructed, altered, reconstructed or moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like.
(40) Essential services. "Essential services" means the erection, construction, alteration or maintenance by public utilities or Municipal departments, of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety or welfare.
(41) Excavation. "Excavation" means any breaking of ground, except common household gardening and ground care.
(42) Exception. "Exception" means a use permitted only after review of an application by the Board of Zoning Appeals or Council, or a modification in the standards of this Zoning Code specifically permitted after a review by the Board, the Planning Commission or Council. Such review shall be necessary because the provisions of this Zoning Code covering conditions precedent or subsequent are not precise enough to cover all applications without interpretation. An exception is not a variance.
(43) Exit ramp. "Exit ramp" means a roadway connecting a limited access highway with a feeder road and used for access to such feeder road.
(Ord. 458. Passed 1-4-89.)
(43A) Face brick (nonresidential). "Face brick (nonresidential)" means, whenever it is called for as an exterior building wall material for a nonresidential building, material consisting of kiln-baked clay or shale masonry units and the individual shape of which shall be rectangular in appearance.
(Ord. 655. Passed 6-10-98; Ord. 728. Passed 8-29-01.)
(43B) Face brick (residential). "Face brick (residential)" means, whenever it is called for as an exterior building wall material for a residential building, material consisting of kiln-baked clay or shale masonry units, the exterior dimensions of which shall not exceed twelve inches in length and three and one-quarter inches in height and the individual shape of which shall be rectangular in appearance.
(Ord. 583. Passed 12-27-95; Ord. 728. Passed 8-29-01.)
(44) Family. "Family" means a single individual or a number of individuals domiciled together whose relationship is of a continuing nontransient, domestic character and who are cooking and living together as a single, nonprofit housekeeping unit. This shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.
(45) Farm. "Farm" means the parcel on which the carrying on of any agricultural activity or the raising of livestock or small animals as a source of income is conducted.
(46) Filling. "Filling" means the depositing or dumping of any matter on or into the ground, except deposits resulting from common household gardening and general farm care.
(47) Floodplain. "Floodplain" means the areas of land which include both the floodway and the floodway fringe.
(48) Floodway. "Floodway" means the area of water conveyance or the flowing portion of the watercourse during a 100-year flood.
(49) Floodway fringe. "Floodway fringe" means the area of ponded water which provides no water carrying or flowing capability during a 100-year flood.
(50) Floor area, residential. "Residential floor area" means, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
(Ord. 458. Passed 1-4-89.)
(50A) Floor area, usable. For the purpose of computing parking, "usable floor area" means that area used for, or intended to be used for, the sale of merchandise or services, or for use to service patrons, or clients or customers. Such floor area which is used, or intended to be used, principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from the computation of
usable floor area. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls. Any outdoor facilities that are used for, or intended to be used for, the sale of merchandise or services or for use to service patrons, or clients or customers will be included in the computation of usable floor area.
(Ord. 685. Passed 10-13-99; Ord. 728. Passed 8-29-01).
(51) Foster child. "Foster child" means a child unrelated by blood or adoption to the family with whom he or she lives for the purpose of care and keeping.
(52) Garage, private. "Private garage" means an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupant of the building to which it is accessory.
(53) Garage, service. "Service garage" means any premises used for the storage or care of motor-driven vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
(54) Gasoline service station. "Gasoline service station" means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.
(55) Grade. "Grade" means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
(56) Greenbelt, obscuring. "Obscuring greenbelt" means a landscaped area of definite width, height and location, containing plant materials of definite spacing, designed and intended to serve as an obscuring device in carrying out the requirements of this Zoning Code.
(57) Gross leasable floor area. "Gross leasable floor area" means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, upper floors and generally all that area on which tenants pay rent, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
(58) Home for the aged. "Home for the aged" means an establishment operated for the purpose of providing domiciliary care for a group of persons who, by reason of age, are unable to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary illness.
(59) Home occupation. "Home occupation" means a gainful occupation or profession customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
(60) Hospital, general. "General hospital" means an installation providing health services primarily for in-patient medical or surgical care of the sick or injured, and including related facilities, such as laboratories, out-patient departments, training facilities, central service facilities and staff offices, which are an integral part of the facility.
(61) Hotel. "Hotel" means a building or part of a building, with a common entrance, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.
(62) Housing for the elderly (senior citizen housing). See division (115A) "Senior Citizen Housing".
(63) Junk yard. "Junk yard" means an area where waste, used materials or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. "Junk yard" includes automobile wrecking yards and any open area of more than 200 square feet used for the storage, keeping or abandonment of junk.
(64) Kennel, commercial. "Commercial kennel" means any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded or bred.
(65) Loading space. "Loading space" means an off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
(66) Local street. "Local street" means a street of limited continuity which is to be used to gain immediate access to abutting residential properties.
(67) Lot. "Lot" means a parcel of land occupied or intended to be occupied by a main building or a group of such buildings, together with accessory buildings, or utilized for a principal use and uses accessory thereto, together with such yards and open spaces as are required under this Zoning Code. A lot may or may not be specifically designated as such on public records. Specifically:
A. "Corner lot" means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot if the arc is of less radius than 150 feet and if the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
B. "Interior lot" means any lot other than a corner lot.
C. "Through lot" means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot.
D. "Zoning lot" means a single tract of land located within a single block which, 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.
A zoning lot shall satisfy this Zoning Code with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include one or more lots of record.
A zoning lot line shall serve as a lot line for the purposes of establishing building setbacks within the respective zoning districts.
(68) Lot area. "Lot area" means the total horizontal area within the lot lines of a lot. For the purpose of this Zoning Code, the front property line shall be at the edge of the street or street right of way, not the centerline.
(69) Lot coverage. "Lot coverage" means the part or percent of the lot occupied by buildings, including accessory buildings.
(70) Lot depth. "Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(71) Lot lines. "Lot lines" means the lines bounding a lot. Specifically:
A. "Front lot line" means, in the case of an interior lot, that line separating such lot from the street. In the case of a through lot or a corner lot, "front lot line" means that line separating such lot from the street which is designated as the front street in the request for a zoning compliance permit.
B. "Rear lot line" means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
C. "Side lot line" means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street shall be known as the exterior side street lot line. A side lot line separating a lot from another lot shall be known as an interior side lot line.
(72) Lot of record. "Lot of record" means 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 Municipal or County officials, which parcel of land actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
(73) Lot width. "Lot width" means the horizontal straight line distance between the side lot lines, measured between the two points where the front set-back line intersects the side lot lines.
(74) Main building. "Main building" means a building in which is conducted the principal use of the lot upon which it is situated.
(75) Major thoroughfare. "Major thoroughfare" means an arterial street which is intended to serve as a large volume trafficway for both the immediate Municipal area and the region beyond, and which is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the Thoroughfare and Street Plan to identify those streets comprising the basic structure of such Plan.
(76) Maneuvering lane or aisle. "Maneuvering lane or aisle" means an open unobstructed area located directly behind an off-street parking space or loading/unloading area and which is to be used to gain access to and exit from a parking space or loading/unloading area. A maneuvering lane or aisle may serve a single row of off-street parking spaces or may be used jointly when located between two opposing rows of parking spaces.
(77) Marginal access road. "Marginal access road" means a service roadway parallel to a feeder road or to a street, which service roadway provides access to abutting properties and protection from through traffic.
(78) Master Plan. "Master Plan" or "Comprehensive Development Plan" means the comprehensive community plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings and all physical development of the Municipality, and includes any unit or part of such Plan and any amendment to such Plan or part thereof. Such Plan may or may not be adopted by the Planning Commission and/or Council.
(78a) Medical marijuana facility. "Medical marijuana facility" means a facility where a primary caregiver who is legally registered by the Michigan Department of Community Health may lawfully assist qualified patients who are legally registered by the Michigan Department of Community Health for the medical use of marijuana in accordance with the Michigan Marijuana Act as amended. Assistance to qualifying patients does not include the ingestion of marijuana on the premises. A medical marijuana facility does not include an operation which in any way fails to comply with the Michigan Medical Marijuana Act or the rules of the Michigan Department of Community Health, as it may be amended from time to time.
(Ord. 917. Passed 9-1-10.)
(79) Mezzanine. "Mezzanine" means an intermediate floor in any story occupying not more than one-third of the floor area of such story.
(80) Mobile home. "Mobile home" means any vehicle designed or constructed so as to permit its being used as a conveyance upon the public streets or highways, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
(81) Mobile home park. "Mobile home park" means any plot of ground upon which three or more mobile homes, occupied for dwelling or sleeping purposes, are located.
(82) Motel. "Motel" means a series of attached, semidetached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging, are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.
(83) Motor vehicle repair, general. "General motor vehicle repair" means the general mechanical repair, including the overhaul and reconditioning of motor vehicle engines, transmissions and other mechanical repairs, but not including collision services, such as body, frame or fender straightening and repair, painting or undercoating.
(84) Motor vehicle repair, major. "Major motor vehicle repair" means general repairs, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision services, such as body, frame or fender straightening, and repair, painting or undercoating.
(85) Motor vehicle service center. "Motor vehicle service center" means a use which is accessory to a designated retail commercial outlet located within a shopping center, or a use which is within a building composed of the same construction material and of the same design as the shopping center, wherein automobile products, such as motor oils, lubricants and various automobile parts retailed directly to the public by such retail commercial outlet, are installed.
(86) Motor vehicle service station (gasoline station). "Motor vehicle service station (gasoline station)" means a place where gasoline or other motor fuel and lubricants for operating motor vehicles are offered for sale at retail to the public, including the sale of accessories and lubricating and light motor service on the premises, but not including collision services, such as body, frame or fender straightening or repair, painting or undercoating.
(87) Municipality. "Municipality" means the City of Southgate, Michigan.
(88) Nonconforming building. "Nonconforming building" means a building or portion thereof lawfully existing on the effective date of this Zoning Code (Ordinance 458, passed January 4, 1989), or any amendment thereto, that does not conform to the use regulations of the district in which it is located.
(89) Nonconforming use. "Nonconforming use" means a use which lawfully occupied a building or land on the effective date of this Zoning Code (Ordinance 458, passed January 4, 1989), or any amendment thereto, that does not conform to the use regulations of the district in which it is located.
(90) Nuisance factor. "Nuisance factor" means an offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeated invasion of any physical characteristic of an activity or use across a property line, which physical characteristic can be perceived by or affects a human being; or the generation of an excessive or concentrated movement of people or things, such as, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregations of people, particularly at night, passenger traffic, invasion of a nonabutting street frontage by traffic, a burned out structure or a condemned structure.
(91) Nursery, plant materials. "Plant materials nursery" means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping. "Plant materials nursery" does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
(92) Nursery school or day care center. "Nursery school" or "day care center" means an establishment wherein three or more children, not related by bonds of consanguinity or fostership to the family living on the premises, are, for remuneration, cared for.
(93) Off-street parking lot. "Off-street parking lot" means a facility providing vehicular parking spaces, along with adequate drives and aisles, for maneuvering so as to provide access for entrances and exits for the parking of more than three vehicles.
(94) Open front store. "Open front store" means a business establishment so developed that service to the patron may be extended beyond the walls of the structure and which does not require the patron to enter the structure. "Open front store" shall not include automobile repair or gasoline service stations.
(95) Open space. "Open space" means an area of land that remains primarily undeveloped and in its natural state. "Open space" may include park lands and park facilities so long as they are provided as a part of an open space area.
(Ord. 458. Passed 1-4-89.)
(96) Open storage, motor vehicle. "Motor vehicle open storage" means the outdoor standing or placement of motor vehicles, including truck trailers and new and used motor vehicles on display for lease or sale.
(Ord. 491. Passed 6-5-91.)
(97) Open storage, nonresidential. "Nonresidential open storage" means the outdoor standing or placement of any material which is man-made, assembled, fabricated or treated in any manner and which may or may not be used directly in the fabrication of a product manufactured on the premises.
(98) Outlot. "Outlot" means, when included within the boundary of a recorded plat, a lot set aside for purposes other than a building site, park or other land dedicated to public use or reserved to private use.
(99) Parking. "Parking" means the parking of a motor vehicle for a short duration, and possessing the element of a vehicle in use being temporarily parked until it is shortly to be again put into service. "Temporarily" or "shortly," for the purpose of this definition, means a maximum of eighteen hours.
(100) Parking space. "Parking space" means an area of definite length and width. Such area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the parking of permitted vehicles.
(100A) Personal service establishment. "Personal service establishment" means the repair, care of, or maintenance of an individual or his or her personal property. Personal establishments shall include, but are not limited to, tanning salons, nail salons, beauty/barber shops, tailors, dressmakers, and similar places of business.
(Ord. 728. Passed 8-29-01.)
(101) Pet. "Pet" means a domesticated animal kept, other than for a commercial use, as a companion or for protection, show or play.
(Ord. 458. Passed 1-4-89.)
(101A) Pilot business program. "Pilot business program" means a temporary use of limited duration, the intent of which is to conceive and nurture a small, initial endeavor into a full scale contrivance.
(Ord. 518. Passed 10-7-92.)
(102) Planned commercial center. "Planned commercial center" means a business development consisting of two or more retail commercial outlets characterized by a unified grouping of stores under common architecture and served by a common circulation and parking system.
(103) Planned development (PD). "Planned development (PD)" means a specific parcel of land or several contiguous parcels of land under single ownership and control for which a comprehensive physical plan has been developed establishing functional use areas, density patterns where applicable, fixed systems of streets, marginal access drives where required, service drives and provisions for public utilities, drainage and other essential services, all of which shall be subject to review and approval by the Planning Commission and Council and which shall be developed in full accordance with the approved plan.
(104) Principal use. "Principal use" means the main use to which the premises are devoted and the principal purpose for which the premises exist.
(105) Public utility. "Public utility" means a person, firm, corporation or Municipal department, board or commission duly authorized to furnish and furnishing to the public, under Federal, State or Municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
(106) Recreational vehicles and recreational equipment. "Recreational vehicles and recreational equipment" means any travel trailer, camper, folding tent trailer, utility trailer, boat, boat trailer, float and raft, and includes transportation equipment and off-road vehicles, manufactured motorized homes and manufactured motor buses, all designed to be used as a temporary dwelling for travel, recreation and vacation use or for periodic and occasional recreational and vacation use.
(Ord. 10-898. Passed 2-3-10.)
(107) Regional center. "Regional center" means a commercial complex providing for general merchandise, apparel, furniture and home furnishings in depth and variety as well as a range of services and recreational facilities built around one or two full line department stores of not less than 100,000 square feet and containing not less than 400,000 square feet of gross leasable floor area overall.
(108) Restaurant, drive-in. "Drive-in restaurant" means a business establishment primarily designated to provide a motor vehicle driveway approach, standing space or parking space where patrons receive food and beverages while in motor vehicles for consumption in such motor vehicles while on the premises.
(Ord. 819. Passed 12-14-05.)
(109) Restaurant, fast food. "Fast food restaurant" means a restaurant whose method of operation involves minimum waiting for delivery of ready-to- consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.
(Ord. 819. Passed 12-14-05.)
(110) Restaurant, drive-through. "Drive-through restaurant" means any restaurant whose method of operation involves the delivery of prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises.
(Ord. 819. Passed 12-14-05.)
(111) Restaurant, sit-down. "Sit-down restaurant" means a business establishment in which a patron purchases food or beverages, which food or beverages are then prepared on the premises after the patron orders and which food or beverages are thereafter served to the patron and consumed by the patron while seated in the restaurant. For zoning purposes, limited designated parking spaces for a carry-out function that is clearly incidental and accessory to the primary sit-down use, shall not classify the restaurant as fast food.
(Ord. 819. Passed 12-14-05.)
(112) Room. For the purpose of determining lot area requirements and density in a Multiple-Family District, a "room" means a living room containing at least 150 square feet of floor area or a dining room or a bedroom containing at least 100 square feet of floor area. "Room" shall not include the area in kitchens, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one, two or three bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.
(113) Rubbish. "Rubbish" means the miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing and offices, and includes other waste matter such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber, paper products, rags, chemicals or similar or related combinations thereof.
(114) Screen. "Screen" means to conceal from view or to make difficult to see clearly.
(115) Secondary thoroughfare. "Secondary thoroughfare" means a street of limited continuity designed and intended to collect and distribute traffic to and from local streets, to or from major thoroughfares.
(115A) Senior citizen housing (retirement housing). "Senior citizen housing (retirement housing)" means a planned housing development or facility for elderly persons.
(Ord. 728. Passed 8-29-01.)
(116) Setback. "Setback" means the distance required to obtain minimum front, side or rear yard open space provisions of this Zoning Code.
(117) Sign. "Sign" means a name, identification, description, display, illustration or other device which is affixed to, painted on or otherwise represented directly or indirectly upon a building, structure or parcel of land, which directs attention to an object, product, place, activity, person, institution, organization or business and which is visible from any public street, right of way, sidewalk, alley, park or other public property.
(118) Sign, accessory. "Accessory sign" means a sign which is related to the principal use of the premises.
(119) Sign, nonaccessory. "Nonaccessory sign" means a sign which is not related to the principal use of the premises.
(120) Storm water detention facility. "Storm water detention facility" means a facility designed for detaining storm water runoff for a short period of time and for releasing it at a controlled rate to the natural watercourse where it returns to the hydrologic cycle.
(121) Storm water retention facility. "Storm water retention facility" means a facility which does not possess the ability of dewatering, whereby water is held for a considerable length of time for aesthetic, agricultural or consumptive holding of storm water runoff or other uses. The water may never be discharged to a natural watercourse, but may be dissipated by plants, evaporation or percolation into the ground.
(122) Story. "Story" means that part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor above, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story.
(123) Story, half. "Half story" means an uppermost story lying under a sloping roof and having an area of at least 200 square feet, with a clear height of seven feet six inches. For purposes of this Zoning Code, the usable floor area is only that area having at least four feet of clear height between the floor and the ceiling.
(124) Street. "Street" means a dedicated public right of way, other than an alley, which right of way affords the principal means of access to abutting property.
(125) Structural alteration. "Structural alteration" means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.
(126) Structure. "Structure" means anything constructed or erected, the use of which requires a location on the ground or an attachment to something having a location on the ground.
(127) Temporary use or building. "Temporary use or building" means a use or building permitted by the Director of Inspections or his or her designee to exist during a specified period of time.
i. Use. "Use" means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
ii. Variance. "Variance" means a modification of the literal provisions of this Zoning Code, granted when strict enforcement of this Zoning Code would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are undue hardship, unique circumstances and applying to the property. A variance is not justified unless all three elements are present in the case. A variance is not an exception.
iii. Veterinary clinic. "Veterinary clinic" means any establishment maintained and operated for the diagnosis and treatment of diseases and injuries of nonresident animals.
iv. Veterinary hospital. "Veterinary hospital" means any establishment maintained and operated for the diagnosis and treatment of disease and injuries of animals, including resident animals.
v. Wall, obscuring. "Obscuring wall" means a structure built of architectural masonry materials to a definite height and location for the purpose of serving as an obscuring device in carrying out the requirements of this Zoning Code.
vi. Yard. "Yard" means the open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code. Specifically:
(1) "Front yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
(2) "Rear yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.
(3) "Side yard" means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.
(Ord. 458. Passed 1-4-89.)