1230.04  DEFINITIONS.
   As used in this Zoning Code, unless otherwise specifically stated:
   (1)   Abandonment. "Abandonment" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
   (2)   Abutting. "Abutting" means having a common border with, or being separated from such a common border by, a right-of-way, alley or easement.
   (3)   Accessory Apartment. "Accessory apartment" means a second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping.  Such a dwelling is an accessory use to the main dwelling.
   (4)   Accessory Building or Structure. "Accessory building or structure" means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is customarily incidental to the principal building or use.
   (5)   Accessory Use. "Accessory use" means a use of land or of a building or portion thereof conducted in conjunction with another principal use which constitutes only an incidental or insubstantial part of the principal activity that takes place and is commonly associated with the principal use and integrally related to it and (except in the case of accessory off street parking spaces or loading) is located on the same lot with such principal use.
   (6)   Addition. "Addition" means an extension or increase in floor area or height of a building or structure.
   (7)   Adult. "Adult" means a person having arrived at the legal age of adulthood defined by the laws of the State.
   (8)   Adult Business. "Adult business" includes, but is not limited to, the following:
      A.   "Adult supply store," which means an establishment having ten percent or more of all usable, interior, retail, wholesale or warehouse space devoted to the distribution, display or storage of books, magazines, periodicals, advertisements, devices, objects, toys, paraphernalia or similar materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, specified anatomical areas or specified acts of violence.
      B.   "Adult motion picture theater," which means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
      C.   "Adult outdoor motion picture theater," which means an open area, with a capacity for more than fifty persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
      D.   "Adult mini motion picture theater," which means an enclosed building, with a capacity for fewer than twenty-five persons, used for presenting, by means of a movie screen, video screen, live performance or otherwise, materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
      E.   "Nude body painting or modeling studio," which means an establishment which provides the services of body painting of the human body or an establishment where materials distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas are offered for observation of the patrons therein.
      F.   "Escort service," which means an establishment which provides the services of escorting members of the opposite sex for payment of a fee.
      G.   "Group A cabaret," which means an establishment where materials are provided or entertainment is presented or performed which is distinguished or characterized by an emphasis on, or related to, specified sexual activities or specified anatomical areas for observation by persons or patrons therein.
      H.   "Adult physical culture establishment," which means any establishment, club or business, by whatever name designated, which provides, offers or advertises, or is equipped or arranged so as to provide as part of its services, either on or off the premises, massages, body rubs, physical stimulation, baths or other similar treatment by any person. The following uses shall not be included within the definition of "adult physical culture establishment":
         1.   Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed or certified physical or massage therapist, a licensed practical nurse or any other similarly licensed medical professional;
         2.   Electrolysis treatment by a licensed operator of electrolysis equipment;
         3.   Continuing instruction in martial or performing arts or in organized athletic activities;
         4.   Hospitals, nursing homes, medical clinics or medical offices; and
         5.   Barbershops or beauty parlors, health spas and/or salons which offer massage to the scalp, face, neck or shoulders only.
   As used in this subsection, "specified sexual activities" means human genitals in a state of sexual stimulation or arousal; acts or simulated acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, the pubic region, the buttocks or a breast.
      As used in this subsection, "specified anatomical areas" means less than completely and opaquely covered human genitals, the pubic region, the buttocks or a breast below a point immediately above the top of the areola; and human genitals in a discernibly stimulated or turgid state, even if completely and opaquely covered.
      As used in this subsection, "specified acts of violence" means the graphic depiction, whether real or simulated, of human or animal decapitation; dismemberment; physical torture; staffing; shooting; strangulation; drowning; electrocution; aggravated assault, whether accomplished by human contact, instruments or weapons; rape; disfigurement; mutilation; burning; and disembowelment.
   (9)   Adult Foster-Care Facility. "Adult foster-care facility" means an establishment providing habitation for one individual, but not more than twelve individuals, which is licensed by the governmental entity legally empowered to perform the licensing function, for the purpose of housing persons who are aged, emotionally disturbed, developmentally disabled or physically handicapped and who are thereby in need of supervision on an ongoing basis, but who do not require continuous nursing care, and wherein the operator, who is not legally related to any of the inhabitants, provides room, board, ordinary care and supervision in a family environment.
   (10)   Adult Foster-Care Family Home. "Adult foster-care family home" means a private residence with the approved capacity to receive not more than six adults who shall be provided foster care for five  or more days per week and for two  or more consecutive weeks.  The adult foster-care family home licensee shall be a member of the household and an occupant of the residence.
   (11)   Adult Foster-Care Large Group Home. "Adult foster-care large group home" means an adult foster-care facility with the approved capacity to receive at least thirteen, but not more than twenty, adults who shall be provided foster care.
   (12)   Adult Foster-Care Small Group Home. "Adult foster-care small group home" means an adult foster-care facility with the approved capacity of not more than twelve  adults who shall be provided foster care.
   (13)   Alley. "Alley" means a permanent serviceway providing secondary means of access to abutting properties.
   (14)   Alteration. "Alteration," as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities.
   (15)   Alteration, Structural. "Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
   (16)   Animal, Domestic. "Domestic animal" means an animal that has traditionally, through long association with humans, lived in a state of dependence upon humans or under the dominion and control of humans and has been kept as a tame pet, no longer possessing a disposition or inclination to escape, to bite without provocation or to cause death, maiming or illness of a human, nor used for commercial breeding purposes. Domestic animals shall include, but not be limited to, the following animals:
            Bird (caged)   Marmoset (bred)
            Cat (domestic)   Prairie dog (bred)
            Chinchilla         Rodent (bred)
            Dog            Snake (nonpoisonous)
            Fish            Spider (nonpoisonous)
            Lizard (nonpoisonous)
   (17)   Animal, Wild or Exotic. "Wild or exotic animal" means an animal not indigenous to the City that is incapable of being completely domesticated, requiring the exercise of art, force or skill to keep it in subjection.  The term "wild animal" shall also mean any animal which a person is prohibited from possessing by law.
         Wild or exotic animals shall include, but not be limited to, the following:
            Alligator (family)   Lemur
            Badger         Lizard (poisonous)
            Bear            Marten
            Bird (wild)      Opossum (family)
            Cat (wild family)      Primate (family)
            Coyote         Raccoon
            Deer (family)   Skunk
            Dog (wild family)      Spider (poisonous)
            Dog-wolf         Weasel (family)
            Ferret
   (18)   Apartment House. "Apartment house" means a building arranged, intended or designed to be occupied by three or more families living independently of each other.
   (19)   Arcade. "Arcade" means a place, premises, establishment or room set aside in a retail or commercial establishment in which are located three or more coin-operated amusement devices. "Coin-operated amusement device" means a machine or device operated by means of the insertion of a coin, token or similar object, for the purpose of amusement or skill, and for the playing of which a fee is charged. The term does not include vending machines which do not incorporate gaming or amusement features, coin-operated mechanical music devices or mechanical motion picture devices.  The definition shall not apply to coin-operated amusement devices owned or leased to establishments that are properly licensed for the sale of beer or intoxicating liquor for consumption on the premises.
   (20)   Architectural Features of a Building or a Structure. "Architectural features of a building or a structure" includes cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
   (21)   Automobile Filling and Service Station. "Automobile filling and service station" means a building or buildings that offer the full sales and service facilities to the motoring public of both an automobile filling station and of an automobile service station.
   (22)   Automobile Filling Station. "Automobile filling station" means a building or buildings and adjoining space used for the retail sale and dispensing of fuel or lubricants from fixed equipment directly into motor vehicles.  Such use may have retail sales of items such as pop, groceries, cigarettes and similar products.  Automobile filling stations will not have automobile bays that may be used for automobile repair work, such as tune-ups, oil changes, wheel alignments or other related activities.  Vehicle wash facilities, however, are permitted as an accessory use.
   (23)   Automobile Repair Garage. "Automobile repair garage" means a place where one or all of the following services may be carried out: 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 rustproofing of motor vehicles.
   (24)   Automobile Service Station. "Automobile service station" means a building or buildings used for the sale or installation on motor vehicles of automotive parts and accessories, such as tires, batteries, brakes, shock absorbers, window glass, and where services such as battery recharging, chassis lubrication, minor repairs, tire repairing, tune-ups, oil changes and wheel alignments may be rendered, but not to include chain conveyors, blowers and steam cleaners.
   (25)   Automobile Wash. "Automobile wash" means:
      A.   Mechanical. A building containing facilities for washing automobiles, using automatic coin-operated devices, or chain conveyors, steam and blower devices and other mechanical machinery.
      B.   Self-serve. A building containing facilities for washing automobiles and using self-service coin-operated mechanical equipment and supplies from the establishment.
   (26)   Basement. "Basement" means that portion of a building which is partly or wholly below the average grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.  A basement shall not be counted as a story.
   (27)   Bed and Breakfast Operation. "Bed and breakfast operation" means a use which is inferior to and subordinate to the principal use of a detached single-family dwelling unit and in which transient guests are provided a sleeping room and board for limited duration in return for payment.
   (28)   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 the corporate boundary lines of the Municipality.
   (29)   Boarding House. "Boarding house" means a building other than a bed and breakfast operation, hotel or motel, where, for compensation and by prearrangement for definite periods, lodging or lodging and meals are provided for three or more persons.  A rooming house shall be deemed a boarding house for the purposes of this Zoning Code.
   (29A)   Body Art Studio. “Body art studio” means a business properly licensed by the State of Michigan involving body tattoos, piercings, and similar activities. (Ord. 2016-05.  Passed 7-5-16.)
   (30)   Building. "Building" means a structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
   (31)   Building Area. "Building area" means the total area on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
   (32)   Building Height. "Building height" means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof 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.
   (33)   Building, Principal. "Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated.
   (34)   Building Site. "Building site" means that portion of a condominium development consisting of the condominium unit, and limited common element, intended for the exclusive use of less than all the co-owners.
   (35)   Cellar. "Cellar" means that portion of a building partly below the average grade and 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, with a ceiling height of less than 6.5 feet.
   (36)   Change of Use (Occupancy). "Change of use (occupancy)" means a use which is outside the group number classification of the previous use as set forth in the Standard Industrial Classification manual.
   (37)   Clinic. "Clinic" means an establishment where human or animal patients who are not lodged overnight are admitted for examinations and treatment by a group of physicians, dentists, veterinarians or similar professionals.
   (38)   Common Elements. "Common elements" means portions of the condominium project other than the condominium units.
   (39)   Compatibility. "Compatibility" means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.
   (40)   Composting. "Composting" means a controlled process of degrading organic matter by microorganisms.
   (41)   Condominium Act. "Condominium Act" means Act 59 of the Public Acts of 1978, as amended.
   (42)   Condominium Project. "Condominium project" means a plan or project consisting of not less than two condominium units established in conformance with the condominium act.
   (43)   Condominium Subdivision Plan. "Condominium subdivision plan" means site, survey and utility plans, floor plans and sections, as appropriate, showing the existing and proposed structures and improvements, including the location thereof on the land, of a condominium subdivision.  The condominium subdivision plan shall show the size, location, area, vertical boundaries and volume for each unit comprised of enclosed air space.  A number shall be assigned to each condominium unit.  The condominium subdivision plan shall include the nature, location and approximate size of common elements.
   (44)   Condominium Unit. "Condominium unit" means that portion of the condominium project designed and intended for separate fee-simple ownership and use, as described in the master deed.
   (45)   Convalescent or Nursing Home. "Convalescent or nursing home" means a nursing care facility, including a County medical care facility, but excluding a hospital or a facility created by Act 152 of the Public Acts of 1985, as amended, being M.C.L.A. 36.1 to 36.12, which provides organized nursing care and medical treatment to seven or more unrelated individuals suffering or recovering from illness, injury or infirmity.
   (46)   Court. "Court" means an open, unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.
   (47)   Court, Inner. "Inner court" means a court enclosed on all sides by exterior walls of a building or building exterior walls and lot lines, on which walls are allowable.
   (48)   Court, Outer. "Outer court" means a court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
   (49)   Coverage. "Coverage" means that percentage of lot area covered by the building area.
   (50)   Curb Level. "Curb level" means the officially established grade of the curb in front of the midpoint of the lot.
   (51)   Day-Care Center. "Day-care center" means a facility, other than a private residence, receiving one or more persons for care for periods of less than twenty-four hours a day and where persons are unattended by parents or legal guardians.  The term "day-care center" includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.
   (52)   Drive-In Restaurant. "Drive-in restaurant" means a building where food, frozen desserts and/or beverages are sold to a customer and where such customer consumes, or can do so, such food, frozen desserts and/or beverages in an automobile parked on the premises, at a stand-up counter or at other facilities provided for customer use.  "Drive-in restaurant" includes a self-service food sales operation, regardless of spaces provided for eating within a building, and coin-operated dispensing machines.
   (53)   Dwelling. "Dwelling" means a building designed or used exclusively as the living quarters for one or more families.
   (54)   Dwelling, Multifamily. "Multifamily dwelling" means a building used and designed as a residence for three or more families living independently of each other and having their own cooking facilities therein, including apartment houses, apartment hotels, flats and group houses.
   (55)   Dwelling, One-Family. "One-family dwelling" means a detached building designed for or occupied exclusively by one family.
   (56)   Dwelling, Two-Family. "Two-family dwelling" means a building designed for or occupied exclusively by two families living independently of each other.
   (57)   Dwelling Unit. "Dwelling unit" means that portion of a dwelling providing complete living quarters for one family.
   (58)   Dwelling Unit, Manufactured. "Manufactured dwelling unit" means a dwelling unit which is located and similar in appearance to traditional site-built dwelling units.
   (59)   Dwelling Unit, Site Built. "Site built dwelling unit" means a dwelling unit which is substantially built, constructed, assembled and finished on the premises which are intended to serve as its final location.  The term "site built dwelling unit" shall include dwelling units constructed of precut materials and panelized wall, roof and floor sections when such sections require substantial assembly and finishing on the premises which are intended to serve as the final location of the dwelling unit.
   (60)   Earth Berm. "Earth berm" means a mound of earth of a minimum eighteen inches in height, planted with ground cover, grass, trees or other landscaping material, intended to minimize the view of parking areas and reduce noise and dust from adjacent uses and passersby.
   (61)   Easement. "Easement" means a permanent grant of one or more property rights by a property owner to, and/or for use by, the public, a corporation or another person or entity.
   (62)   Elderly Housing. "Elderly housing" means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty-two years of age (or as defined by law) or older, or couples where either spouse is sixty-two years of age (or as defined by law) or older.  This does not include a foster care home, home for the aged or nursing home.
   (63)   Essential Services. "Essential services" means the erection, construction, alteration or maintenance, by public utilities or Municipal departments or commissions, of underground, surface or overhead gas, electric, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals or signs, fire hydrants 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 the public health, safety or general welfare, but not including buildings, towers or substations.
   (63A)   Facility.  "Facility means the entire building or any portion of the building, structure or area, including the site on which the building, structure or area is located, wherein specific services are provided or activities are performed.
   (64)   Family. "Family" means:
      A.   An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single domestic housekeeping unit in a dwelling unit; or
      B.   A collective number of individuals not exceeding specifications specified by the current Michigan National Building Code, as adopted in Section 1410.02 of the Building and Housing Code, domiciled together in one dwelling unit, whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit.  This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature, or for an anticipated limited duration of a school term or terms or other similar determinable period.
   (65)   Family Day-Care Home. "Family day-care home" means a private home in which one but less than seven minor children are received for care and supervision for periods of less than twenty-four 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. The term "family day-care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
   (66)   Farm. "Farm" means a parcel of land containing at least ten acres which is used in the raising of agricultural products, livestock, poultry and dairy products, including necessary farm structures within the prescribed limits and the storage of equipment used, but excluding the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
   (67)   Fast Food Restaurant. "Fast food restaurant" means 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 consumption off the premises, and whose design or principal method of operation includes both of the following characteristics:
      A.   Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposal containers.
      B.   The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited, and such prohibition is strictly enforced by the restaurateur.
(Ord. 1993-16.  Passed 9-21-93.)
   (68)   Fence. "Fence" means a wall composed of posts carrying boards, rails, pickets or wire, or iron structures consisting of vertical or horizontal bars or of open work.
   (69)   Fence, Decorative. "Decorative fence" means an open or semi-open fence, ornamental in nature, not intended to provide a permanent barrier to passage or for screening.  Decorative fencing does not include chain link fencing.
   (70)   Fence, Partition. "Partition fence" means a fence located along the line dividing two lots or parcels of land which are privately owned in the City by different owners, whether subject to an easement or not.
(Ord. 1993-19.  Passed 10-19-93.)
   (71)   Frontage. "Frontage" means all property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead-end street or City boundary measured along the street line.
   (72)   Garage, Commercial. "Commercial garage" means any garage, other than a private, community or public garage, for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
   (73)   Garage, Community. "Community garage" means an enclosed building having no public shop or service in connection therewith, for the storage of vehicles.
   (74)   Garage, Private. "Private garage" means an accessory building not over one story or fifteen feet in height and having not more than 750 square feet of usable floor area, to be used for the storage of noncommercial motor vehicles and not more than one commercially licensed vehicle of not greater than one ton capacity, and wherein no public shop or service is conducted and no retail, wholesale or other commercial storage is conducted.
   (75)   Garage, Public. "Public garage" means any garage, other than a private garage or community garage, available to the public, which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting or equipping of automobiles or other motor vehicles.
   (76)   General Common Elements. "General common elements" means and includes:
      A.   The land in the condominium project;
      B.   The foundations, main walls, roofs, halls, lobbies, stairways, entrances, exits or communication ways;
      C.   The basements, flat roofs, yards and gardens, except as otherwise provided or stipulated;
      D.   The premises for the use of janitors or persons in charge of the condominium project, including lodging, except as otherwise provided or stipulated;
      E.   The compartments or installations of central services such as heating, power, light, gas, cold and hot water, refrigeration, air conditioning, reservoirs, water tanks, pumps and the like;
      F.   The elevators, incinerators and, in general, all devices or installations existing for common use; and
      G.   All other elements of the condominium project owned in common and intended for common use or necessary to the existence, upkeep and safety of the project.
   (77)   Grade, Established. "Established grade" means the elevation of the centerline of the streets as officially established by City authorities.
   (78)   Grade, Finished. "Finished grade" means the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
   (79)   Greenbelt. "Greenbelt" means a strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this Zoning Code.
   (80)   Ground Cover. "Ground cover" means a planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
   (81)   Group Day-Care Home. "Group day-care home" means a private home in which more than six but not more than twelve minor children are given care and supervision for periods of less than twenty-four 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.  The term "group day-care home" includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
   (82)   Health Care Facility. "Health care facility" means a facility or institution, whether public or private, principally engaged in providing services for animal or human health maintenance, diagnosis and treatment of disease, pain, injury, deformity or physical condition, that allows overnight stay, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, tuberculosis hospital or chronic disease hospital.
   (83)   Home for the Aged (Congregate Care Facility). "Home for the aged (congregate care facility)" means a supervised personal care facility, other than a hotel, adult foster-care facility, hospital, nursing home or County medical care facility, that provides room, board and supervised personal care to twenty-one or more unrelated nontransient individuals sixty  years of age or older. The term "home for the aged (congregate care facility")  includes a supervised personal care facility for twenty or fewer individuals sixty years of age or older if the facility is operated in conjunction with, and as a distinct part of, a licensed nursing home.
   (84)   Home Occupation. "Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof and does not endanger the health, safety and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, excessive traffic, fire hazards and the like, involved in or resulting from such occupation, profession or hobby.  Activities not deemed to be home occupations include, among others, medical clinics, hospitals, barber shops, auto repair services, nurseries, day medical clinics, day-care centers, beauty parlors, tea rooms, veterinarians' offices, tourist homes, animal hospitals, kennels, offices of insurance and real estate agents, lawyers, doctors, accountants and millinery shops.
   (85)   Homeless Shelter. "Homeless shelter" means a supervised residential care facility offering temporary shelter, designed, occupied or intended for occupancy by transient persons and families, and which, in addition to providing food and shelter, may also provide any personal care or service, including, but not limited to, supervision and assistance in dressing, bathing and the maintenance of good personal hygiene, care in emergencies or temporary illness usually for periods of one week or less, supervision in the taking of medications and other services conducive to the residents' welfare.
   (86)   Hotel. "Hotel" means a building containing rooms intended and designed to be used, or which are used, rented or hired out to be occupied, or which are occupied, for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or within an accessory building.
   (87)   Hotel, Residential. "Residential hotel" means a dwelling occupied by permanent guests only and not by transients.  It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally for serving the public.
   (88)   Household. "Household" includes all persons who occupy a house, an apartment, a group of rooms or a single room occupied as separate living quarters.
   (89)   Junk. "Junk" means materials recovery.
   (90)   Junk Yard. "Junk yard" means materials recovery facility.
   (91)   Kennel, Commercial. "Commercial kennel" means any lot or premises on which four or more dogs, cats or other household pets of more than four months of age are either permanently or temporarily boarded, groomed, bred, trained or sold.
   (92)   Limited Common Elements. "Limited common elements" means and includes those common elements which are reserved in the master deed for the exclusive uses of less than all of the co-owners.
   (93)   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.
   (94)   Lot. "Lot" includes the words "plat" and "parcel" and means a portion or parcel of land considered or used as a single unit.
   (95)   Lot, Corner. "Corner lot" means a parcel of land at the junction of and fronting on two or more intersecting streets.
   (96)   Lot, Depth of. "Depth of lot" means the average horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
   (97)   Lot, Interior. "Interior lot" means a lot other than a corner lot.
   (98)   Lot Lines.  "Lot lines" means any line dividing one lot from another.
   (99)   Lot, Through.  "Through lot" means an interior lot having frontage on two parallel or approximately parallel streets.
   (100)   Lot Width. "Lot width" means the length of a straight line parallel to the street line drawn between the points where the required front setback intersects the side lot lines.
   (101)   Lot, Zoning."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.  "Zoning Lot" also means a single tract of land, located within a single block in a one-family residential district, which, prior to, or 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 one- family dwelling unit, under single ownership or control, providing the ZBA determines it to be buildable as defined in the next sentence below. 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 unless the ZBA, in the exercise of its power of interpretation, as set forth in Section 1234(a)(3), decides upon a modification of open space and other provisions for nonconforming lots of record in accordance with Section 1288.02(h).  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, or a portion of a lot of record.
   (102)   Master Deed. "Master deed" means the condominium document recording the condominium project as approved by the Director of Building and Planning 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.
   (103)   Master Plan. "Master 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 including any unit or part of such Plan and any amendment to such Plan or parts thereof. Such Plan may or may not be adopted by the Planning Commission and/or the legislative body.
   (103A)   Materials Recovery.  “Materials recovery” means used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements, or portion thereof, glass, plastic, cordage, building materials, rubber tires or other waste the original use of which has been abandoned.
   (103B)   Materials Recovery Facility.  “Materials recovery facility” means an open area where waste, used, or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled.  The term “materials recovery facility” includes automobile wrecking yards and any area of more than 200 square feet for the storage, keeping, or abandonment of junk, but does not include uses established entirely within enclosed buildings.
   (103C)   Medical Marihuana Facility or Facility.  “Medical Marihuana Facility" or "Facility" means one of the following:
      A.   "Grower" or "Grower Facility" as that term is defined in the Medical Marihuana Facilities Licensing Act.
      B.   "Safety Compliance Facility" as that term is defined in the Medical Marihuana Facilities Licensing Act.
      C.   "Provisioning Center" as that term is defined in the Medical Marihuana Facilities Licensing Act.
      D.   "Processor" as that term is defined in the Medical Marihuana Facilities Licensing Act.
      E.   "Secure Transporter" as that term is defined in the Medical Marihuana Facilities Licensing Act.
(Ord. 2018-05.  Passed 7-10-18.)
   (104)   Mini-Warehouse (Self-Storage Facility). "Mini-warehouse (self-storage facility)" means a facility consisting of a building or a group of buildings in a controlled-access compound, where individual stalls or lockers are rented out to different tenants for the dead storage of customers' goods and wares.
   (105)   Mobile Home. "Mobile home" means any portable structure exceeding thirty- two  feet in length, at least eight  feet in width, designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.  Any such structure shall be considered to be a mobile home whether or not the wheels have been removed therefrom and whether or not resting upon a temporary or permanent foundation.
   (106)   Mobile Home Lot.  "Mobile home lot" means a designated site within a mobile home park for the exclusive use of the occupants of a single mobile home.
   (107)   Mobile Home Park. "Mobile home park" means a tract of land under single ownership which has been developed with all necessary facilities and services in accordance with a site development plan meeting all the requirements of this Zoning Code and which is intended for the express purpose of providing a satisfying living environment for mobile home residents on a long-term occupancy basis.
   (107A)   Money services businesses. "Money services businesses means an establishment engaged in check cashing, payroll or payday advances or loans, or similar financial transactions that is required to be licenses by the State of Michigan.  Establishments not included in the above definition are entities chartered or licensed by the federal or state government such as a bank, thrift institution, credit union or similar institution legally authorized to accept and maintain deposits.
(Ord. 2006-04.  Passed 2-21-06.)
   (108)   Motel. "Motel" means a group of attached, semi-detached or detached rooming units of which not more than ten percent contain cooking or eating facilities, each unit having an entrance leading directly from the outside of the building.  Such units, with the exception of the unit occupied by the management staff, must be used and intended primarily for the overnight accommodation of transients.
   (109)   Motor Vehicle Bump and Paint Shop. "Motor vehicle bump and paint shop" means a building or a portion of a building, arranged, intended and designed to be used for automobile collision service and bumping and painting of automobiles with activities such as repair, replacement, rebuilding, reconditioning, painting and straightening of automobile bodies, fenders, bumpers, frames, glass and trim, but not including rustproofing, engine or motor repair or rebuilding, or general repair.
   (110)   Motor Vehicle Repair Shop. "Motor vehicle repair shop" means a building or portion of a building arranged, intended and designed to be used for making repairs to motor vehicles.
   (111)   Nonconforming Building. "Nonconforming building" means a building or portion thereof lawfully existing on the effective date of this Zoning Code,  or amendments thereto, that does not conform to the provisions of the district in which it is located.
   (112)   Nonconforming Use. "Nonconforming use" means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
   (113)   Nuisance Factor. "Nuisance factor" means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which 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, the following:
      A.   Noise;
      B.   Dust;
      C.   Smoke;
      D.   Odor;
      E.   Glare;
      F.   Fumes;
      G.   Flashes;
      H.   Vibration;
      I.   Shock waves;
      J.   Heat;
      K.   Electronic or atomic radiation;
      L.   Objectionable effluent;
      M.   Noise from the congregation of people, particularly at night;
      N.   Passenger traffic; and
      O.   Invasion of nonabutting street frontage by traffic.
   (114)   Occupied. "Occupied" includes any land or structure arranged, designed, built, altered, converted to, rented or leased, or intended to be inhabited or used.
   (115)   Offensive. "Offensive" means that the work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays material in a manner which, taken as a whole, lacks literary, artistic, political or scientific value.
   (116)   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 entrance and exit for the parking of more than three vehicles.
   (117)   Office.  "Office" means a place, such as a building, room or suite, in which services, clerical work, professional duties or the like are carried out.
   (118)   Open Air Business Use. “Open air business use”  includes any of the following businesses when said business is not conducted from a wholly enclosed  building:
      A.   Home equipment sale or rental services;
      B.   Outdoor display and sale of garages, swimming pools and similar uses.
      C.   Retail sale of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.
      D.   Tennis courts, archery courts, shuffleboard courts, horsehoe courts, miniature golf courses, golf driving ranges, children’s amusement parks or similar recreational uses.
   (119)   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, not requiring the patron to enter the structure.  The term "open front store" shall not include automobile repair stations or automobile service stations.
   (120)   Open Space. "Open space" means an unoccupied space open to the sky on the same lot with the building.
   (121)   Outdoor Storage. "Outdoor storage" means the keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four hours.
   (122)   Parking Space. "Parking space" means an area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.
   (123)   Place of Religious Worship (Church). "Place of religious worship (church)" means an institution that people regularly attend to participate in or hold religious services, meetings or other activities.  The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
   (124)   Plat. "Plat" means a map, plan or layout of a township, city, village, section or subdivision, or any part thereof, including the boundaries of individual properties.
   (125)   Porch. "Porch" means a covered projection on a building or structure containing a floor, which may be either totally enclosed or open, except for columns supporting the porch roof, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
   (126)   Public Buildings. "Public buildings" means buildings that are publicly owned and are available for public use, as distinguished from buildings that are publicly owned but are intended for private use, e.g. public housing.
   (127)   Public Utility. "Public utility" means any person, firm, corporation or Municipal department or board, duly authorized to furnish and furnishing,  under State or Municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation, water, sewerage or sewage disposal service.
   (128)   Rooming House. "Rooming house" means a dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals, including a boarding house.
   (129)   Satellite Television Dish. "Satellite television dish" means a device that is designed to receive and/or process microwave communication via satellite and which is also known as a satellite earth station.
   (130)   Sign. "Sign" means any announcement, declaration, display, billboard, illustration and insignia, when designed and placed so as to attract general public attention.  This shall be deemed to be a single sign whenever the proximity, design, content or continuity reasonably suggests a single unit, notwithstanding any physical separation between parts. The term "sign" includes any banner, bulb or other lighting device, streamer, pennant, balloon, propeller, flag (other than the official flag of any nation or state) and any similar device of any kind, whether bearing lettering or not.
   (131)   Site Area. "Site area" means the total area within the property lines of a project, excluding external streets.
   (132)   Site Condominium. "Site condominium" means a condominium development consisting of single-family detached residential dwelling units.
   (133)   Site Plan. "Site plan" means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including: topography, vegetation, drainage, flood plains, marshes, waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening devices and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.
   (134)   Special Exception Land Use. "Special exception land use" means a conditional use permitted only after review and approval or conditional approval by the Board of Zoning Appeals, such review being necessary because the provisions of this Zoning Code covering conditions, precedent or subsequent, are not precise enough for all applications without interpretation, and such review is required by this Zoning Code.
   (135)   Specifically Designated Dealer's Establishment. "Specifically designated dealer's establishment" means a retail establishment, consisting of less than 8,000 gross square feet of usable retail space, or any retail establishment where more than ten percent of the usable retail space is utilized for the distribution of alcoholic liquor, which establishment is licensed by the State Liquor Control Commission to distribute alcoholic liquor, other than wine containing less than twenty percent of alcohol by volume, and beer, in the original package for consumption off the premises.
   (136)   Specifically Designated Merchant's Establishment. "Specifically designated merchant's establishment" means a retail establishment consisting of less than 8,000 gross square feet of usable retail space, or any retail establishment where more than ten percent of the usable retail space is utilized for the distribution of alcoholic liquor, which establishment is licensed by the State Liquor Control Commission to sell beer and/or wine for consumption off the premises.
   (137)   Standard Restaurant. "Standard restaurant" means any establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics:
      A.   Customers, normally provided with an individual menu, are served their foods, frozen desserts or beverages by a restaurant employee at the same table or counter at which said items are consumed.
      B.   Foods, frozen desserts or beverages are generally consumed within the restaurant building of a cafeteria-type operation.
   (138)   Story. "Story" means that portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between a floor and the ceiling next above it.
   (139)   Story, One-Half. "One-half story" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, and the floor area of which does not exceed two-thirds of the area of the floor below.
   (140)   Street. "Street" means a public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.  Streets are further classified by the functions they perform as follows:
      A.   "Local (minor) streets" means streets primarily designed to provide access to immediately adjacent properties. Through movement may be possible, but is not encouraged by operational controls; it may be impossible in the case of cul-de-sacs.  Part of the street width is usually allocated to vehicle parking without restrictions, although special snow emergency parking prohibitions may be necessary.  Each abutting property may have a driveway connection to the street.
      B.   "Collector (secondary) streets" means streets primarily designed to provide access to abutting land parcels and also enabling moderate quantities of traffic to move expeditiously between local streets and the major street network.
      C.   "Major (primary) streets" means streets primarily designed for the efficient movement of through traffic at speeds which are as high as can be reasonably allowed in view of safety considerations and the amount of access provided.  Capacity is obtained by provision of wide street cross-sections and high capacity controls at intersections or by elimination of intersections by grade separation.  Speed results from the provision of good horizontal and vertical alignments and removal of potential safety hazards, especially access friction.
   (141)   Street Line. "Street line" means the dividing line between a street and a lot.
   (142)   Structure. “Structure” means a combination of materials, other than a building, forming a construction that is safe and stable, including, among other things, stadiums, platforms, radio towers, wind turbines, sheds, storage bins, fences and display signs. 
(Ord. 1993-16.  Passed 9-21-93;  Ord. 2012-03.  Passed 3-6-12.)
   (143)   Swimming Pool. "Swimming pool" means a pool used for swimming purposes rather than wading purposes and which has a depth of twenty-four inches or greater.
(Ord. 1993-19.  Passed 10-19-93.)
   (144)   Temporary Use or Building. "Temporary use or building" means a use or building permitted by the Board of Zoning Appeals to exist during periods of construction of the main building or use, or for special events.
   (145)   Tourist Home. "Tourist home" means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
   (146)   Truck Terminal. "Truck terminal" means a facility for temporary parking and storing of currently licensed trucks, truck tractors, road tractors and trailers, as those terms are defined in the Michigan Motor Vehicle Code, including incidental maintenance and repair of such vehicles and warehousing incidental to the use.
   (147)   Usable Floor Area, Nonresidential. "Nonresidential usable floor area" means the area between the exterior face of exterior walls on the first story and any other story connected by a fixed stairway, escalator, ramp or elevator, which may be made fit for human habitation.  Such measurement includes the floor area of all accessory buildings measured similarly, but excludes the floor area required for unenclosed porches, light shafts, public corridors and public toilets.
   (148)   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.
   (149)   Variance. "Variance" means an exception to the provisions of this Zoning Code granted by the Board of Zoning Appeals.
   (150)   Variance, Nonuse. "Nonuse variance" means a departure from the provisions of this Zoning Code relating to setbacks, side yards, frontage requirements, lot size, parking, signage and other requirements of the applicable zoning district.
   (151)   Variance, Use. "Use variance" means a variance granted for a land use that is not permitted in the applicable zoning district.
   (152)   Vehicle Sales, Accessory. “Vehicle, sales, accessory” means the sales of the automobiles or other motor vehicles that are incidental to the primary use of an approved commercial garage.
(Ord. 1993-16.  Passed 9-21-93.)
   (153)   Vehicle Sales Establishment. “Vehicle sales establishment” means an area of land and/or a structure used for the display and sale of new or used automobiles, panel trucks, vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use. 
(Ord. 1993-16.  Passed 9-21-93.)
   (154)   Vehicle Sales, Open Air. “”Vehicle Sales, Open Air” means an outdoor area of land used for the display and sale of new or used automobiles, panel trucks, vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
   (155)   Vehicle Sales, Showroom. “Vehicle Sales, Showroom” means a room or other space within an enclosed structure used for the display and sale of new or used automobiles, panel trucks, vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
   (156)   Wall.  “Wall” means an artificially constructed upright barrier of any material or combination of materials erected to enclose, divide, screen or protect areas of land.
(Ord. 1993-19.  Passed 10-19-93.)
   (157)   Wall, Obscuring. “Obscuring wall” means an artificially constructed upright barrier of any material or combination of materials approved by the Building Official erected to enclose, divide, screen or protect areas of land.
   (158)   Way. “Way” means a street, alley or other thoroughfare or easement permanently established for the passage of persons or vehicles.
   (159)   Yard, Front. “Front yard” means an open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building, projected to the side lines of the lot.  Its depth shall be measured between the front line of the building and the street line.
   (160)   Yard, Rear. “Rear yard” means an open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot and measured between the rear line of the lot or the centerline of the alley, if there is an alley, and the rear line of the building.  However, this provision shall not be construed to prohibit parking of an owner's or occupant's motor vehicle or the construction of necessary accessory buildings.
   (161)   Yard, Side. “Side yard” means an open, unoccupied space on the same lot with the main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.  If no front yard is required, the front boundary of the side yard shall be the front line of the lot.  If no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.  However, this subsection shall not be construed to prohibit the parking of an owner's or occupant’s motor vehicle.
   (162)   Zoning Code. “Zoning Code” means Ordinance 2, passed June 22, 1961, as amended, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
(Ord. 1993-16.  Passed 9-21-93; Ord. 2001-01.  Passed 1-2-01; Ord. 2002-33.  Passed 11-4-02; Ord. 2005-26.  Passed 7-5-05; Ord. 2019-11. Passed 12-12-19.)