(1) “Abandonment.” To cease or discontinue a use or activity without intent to resume (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/adjacent.” Having a common border with, or being separated from such a common border by, a right-of-way, alley, or easement.
(3) “Accessory apartment.” 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 use.” A use of land or of a building or portion thereof conducted in conjunction with another principal use which is clearly incidental and commonly associated and related to the principal activity that takes place (except in the case of accessory off-street parking spaces or loading) and is located on the same lot with such principal use. This includes structures, see definition of “structures” below.
(5) “Addition.” A physical enlargement or expansion in floor area or height of a building/structure.
(6) “Adult business.” Establishments which are distinguished or characterized by entertainment, devices, or services which are sexually explicit in nature.
A. Examples of adult businesses include but are not limited to: adult supply stores, adult motion picture theaters, nude body painting/modeling studios, escort services, cabarets, etc.
B. The following are not considered adult businesses:
1. Establishments which routinely provide such services by a licensed: physician, chiropractor, osteopath, physical or massage therapist, practical nurse, or any other similarly licensed medical professional.
2. Electrolysis treatment by a licensed operator of electrolysis equipment.
3. Instruction in martial or performing arts or in organized athletic activities.
4. Hospitals, nursing homes, medical clinics, or medical offices.
5. Barbershops or beauty parlors, health spas and/or salons which offer massage to the scalp, face, neck, or shoulders only.
(7) “Adult foster-care facility.” 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.
(8) “Adult foster-care family home.” 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.
(9) “Adult foster-care large group home.” 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.
(10) “Adult foster-care small group home.” An adult foster-care facility with the approved capacity of not more than twelve adults who shall be provided foster care.
(11) “Alley.” A public or private right-of-way providing secondary means of access to abutting properties, and which is not designed for general travel.
(12) “Alteration.” Any change in the supporting member of a building/structure, including but not limited to bearing walls, columns, posts, beams, girders, and similar components.
(13) “Animal, domestic.” An animal that has traditionally, through long association with humans, lived in a state of dependence upon 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. Examples include, but are not limited to dogs, cats, birds, aquatic animals, rabbits, small rodents, and similar animals which do not present an unusual risk to persons or property.
(14) “Animal, wild or exotic.” 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; this includes any animal which a person is prohibited from possessing by law. Examples include, but are not limited to alligators, big cats, venomous snakes and spiders, birds of prey, primates, deer, racoons, and opossums.
(15) “Arcade.” 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.
(16) “Architectural features.” Features include but are not limited to cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.
(17) “Artisan/maker space.” Non-residential space designed to be used for personal- scale, low-impact artisan production of wholesale goods.
(18) “Bar.” An establishment or part of an establishment devoted primarily to the selling, serving, or dispensing of alcoholic beverages for on-site consumption. The sale of prepared food or snacks may also be permitted.
(19) “Basement.” The 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 is not counted as a story.
(20) “Berm.” A mound of earth graded, shaped, and improved with landscaping as to be used for visual and/or audible screening purposes to provide a transition between uses of differing intensity or to raise a structure above the natural grade.
(21) “Blight.” Unsightly or hazardous conditions, including, but not limited to the accumulation of debris, litter, junk, or rubble; structures characterized by holes, breaks, rot, crumbing, cracking, peeling, or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of typical maintenance, or damage; outdoor storage of inoperable motor vehicles, recreational vehicles, trailers, and watercraft; and any other similar conditions of disrepair and deterioration.
(22) “Block.” 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 stream; or between any of the foregoing and any other barrier to the continuity of development, or the corporate boundary lines of the City.
(23) “Body art/tattoo shop.” A business properly licensed by the State of Michigan involving body tattoos, piercings, and similar activities.
(24) “Brewpub.” An eating and drinking establishment that includes the brewing of beer (including ale) and permits the manufacturing of up to 18,000 barrels of beer annually. The brewpub must operate a full-service restaurant with at least 25% of the gross sales coming from non-alcoholic items. Brewpubs may not sell their beer to wholesalers or retailers but may sell their beer to consumers for on or off-premises consumption.
(25) “Building.” Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, or property of any kind.
A. “Accessory building.” A subordinate structure detached from but located on the same lot as the principal building, the use of which is customarily incidental to the principal building or use.
B. “Building area.” The total area on a horizontal plane at the average grade level of the principal building and all accessory buildings, excluding uncovered porches, terraces, steps, swimming pools, and patios.
C. “Building envelope.” The open space on a lot, exclusive of the required yards (setbacks) and rights-of-way, on which a building may be constructed.
D. “Building height.” 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.
E. “Building site.” The lot on which a building is construction, and 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.
F. “Principal building.” The building in which is conducted the principal use of the lot on which it is situated.
(26) “Building permit.” A permit for commencing construction issued in accordance with a plan for construction that complies with all the provisions of this Zoning Code and the Building Code.
(27) “Carport.” A partially open structure, intended to shelter at least one vehicle.
(28) “Cellar.” The 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 six and one-half feet.
(29) “Cemetery.” Land used or intended to be used for burial of the human dead or customary household pets and dedicated for such purposes. Cemeteries include accessory columbaria and mausoleums but exclude crematories.
(30) “Certificate of occupancy.” A document signed by the Building Official as a condition precedent to the commencement of the legal use of a building that acknowledges that the structure complies with the Building Code in force in the City.
(31) Change of use (occupancy).” A use which is outside the group number classification of the previous use as set forth in the Standard Industrial Classification manual.
(32) “Child care home, family.” A private home where care or supervision is provided for one to seven unrelated children (where the licensee permanently resides as a member of the household) for less than twenty-four hours a day unattended by a parent or legal guardian. All family day care homes must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.
(33) “Child care home, group.” A private home where care or supervision is provided for eight to fourteen unrelated children (where the licensee permanently resides as a member of the household) for less than twenty-four hours a day unattended by a parent or legal guardian. All family day care homes must be registered with or licensed by the Michigan Department of Licensing and Regulatory Affairs or successor agency.
(34) “Clinic.” 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.
(35) “Community incubator kitchen.” Use of a commercial kitchen by a party other than the tenants for production of food products to be marketed, sold, and consumed off-site.
(36) “Compatibility.” The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.
(37) “Composting.” The controlled, intentional, and monitored decomposition of organic material.
(38) “Condominiums.”
A. “Condominium development.” A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act (PA 59 of 1978), as amended, in which some combination of buildings, units, and/or land will be sold to private owners; while some other combination of buildings, units, and/or land will be kept in common ownership among the owners.
B. “Condominium subdivision plan.” 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 and illustrates the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space, as well as the nature, location, and approximate size of common elements. A number is assigned to each condominium unit.
C. “Condominium unit.” The portion of the condominium project designed and intended for separate fee-simple ownership and use, as described in the master deed.
D. “General common element.” Portions of the condominium project other than the condominium units that are designated for use by all owners within the development.
E. “Limited common element.” An area which is accessory to a site condominium unit and is reserved in the master deed for the exclusive use of the owner of that site unit. For the purposes of this Zoning Code, a site condominium unit’s limited common element, when combined with the condominium building site, is the equivalent of a lot.
(39) “Construction.” The erection, alteration, repair, renovation, demolition, or removal of any structure and the excavation, filling, and grading in connection thereto.
(40) “Court.” An open, unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines:
A. “Inner court.” A court enclosed on all sides by exterior walls of a building or building exterior walls and lot lines, on which walls are allowable.
B. “Outer court.” 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.
(41) “Coverage.” The percentage of lot area covered by the building area.
(42) “Curb level.” The established grade of the curb in front of the midpoint of the lot.
(43) “Day-care center.” 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. This includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day.
(44) “Deed restriction.” A restriction of use or development that is set forth in an instrument recorded with the Register of Deeds. It is binding on subsequent owners and is sometimes also known as a restrictive covenant.
(45) “Drive-thru.” A facility designed to serve customers in their vehicle from a window in the building. A drive-thru may serve any type of permitted business but are generally associated with food service and banking.
(46) “Drive-in restaurant.” 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.
(47) “Dwelling.” A building, or portion thereof, designed to provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A. “Dwelling, economy efficiency dwelling (EED).” A dwelling unit that is between 400 and 700 square feet in size, built on an approved foundation, meeting the State of Michigan’s building and sanitary codes, and qualifying for a certificate of occupancy.
B. “Dwelling, multiple-family.” A building, or portion thereof, used and designed as a residence for three or more families living independently of each other and having their own cooking facilities therein, including townhouses, apartment buildings, and lofts.
C. “Dwelling, one-family.” A detached building designed for or occupied exclusively by one family.
D. “Dwelling, two-family.” A building designed for or occupied exclusively by two families living independently of each other. This does not include a single-family dwelling with an accessory dwelling unit.
E. “Dwelling unit.” The portion of a dwelling providing complete living quarters for one family.
F. “Dwelling unit, manufactured one-family.” A dwelling unit which is located and similar in appearance to traditional site-built dwelling units.
G. “Dwelling unit, site built.” A dwelling unit which is substantially built, constructed, assembled, and finished on the premises which are intended to serve as its final location. This includes 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.
(48) “Easement.” 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.
(49) “Elderly housing.” 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.
(50) “Essential services.” 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.
(51) “Facility.” 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.
(52) “Family.”
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.
(53) “Family day-care home.” A private home in which one but less than seven minor children are received for care and supervision for periods of less than 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.
(54) “Fast food restaurant.” 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.
(55) “Fence.” A wall composed of posts carrying boards, rails, pickets or wire, or iron structures consisting of vertical or horizontal bars or of open work.
A. “Fence, decorative.” 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.
B. “Fence, partition.” 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.
(56) “Frontage.” 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.
(57) “Funeral home.” A building used for human funeral services. Such building may contain space and facilities for the embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets and other related funeral supplies; and the storage of funeral vehicles. This does not include facilities for cremation.
(58) “Garage, commercial.” 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.
(59) “Garage, community.” An enclosed building having no public shop or service in connection therewith, for the storage of vehicles.
(60) “Garage, private.” An accessory building not over one story or sixteen-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.
(61) “Garage, public.” 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.
(62) “Gas station.” The retail sale and dispensing of fuel, energy, or lubricants from fixed equipment directly into motor vehicles. Such use may have retail sales of items such as pop, groceries, and similar products. Vehicle wash facilities are permitted as an accessory use if already permitted in the zoning district.
(63) “General common elements:”
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.
(64) “Grade, established.” The elevation of the centerline of the streets as officially established by City authorities.
(65) “Grade, finished.” The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
(66) “Greenbelt.” 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.
(67) “Ground cover.” 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.
(68) “Group day-care home.” 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.
(69) “Health care facility.” 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.
(70) “Home for the aged (congregate care facility).” 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.
(71) “Home occupation.” 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 nuisance, involved in or resulting from such occupation, profession or hobby. Activities not deemed to be home occupations include, among others: medical clinics and hospitals, vehicle repair services, day-care centers, veterinarians' offices and kennels, and tourist homes (such as AirBnB).
(72) “Homeless shelter.” 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.
(73) “Hospital.” An institution licensed by the Michigan Department of Health and Human Services (MDHHS) to provide in-patient and out-patient medical and surgical services for the sick and injured, and may include related facilities (i.e. laboratories, medical testing services, central service facilities, and staff offices).
(74) “Hotel.” 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.
(75) “Household.” All persons who occupy a house, an apartment, a group of rooms or a single room occupied as separate living quarters.
(76) “Junk.” Materials recovery.
(77) “Junkyard.” Materials recovery facility.
(78) “Industrial, heavy.” Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. This also includes uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste, or sanitary waste.
(79) “Industrial, light.” Uses engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products. This also includes uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research, and scientific laboratories, or the like. Light industrial uses do not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal, or related industries.
(80) “Kennel.” 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.
(81) “Land divide or division.” The partitioning or splitting of a parcel of land for the purpose of sale or lease of more than one year, or for the building development that results in one or more parcels of less than forty acres or the equivalent. It does not include a property transfer between two or more adjacent lots, if the property taken from one parcel is added to an adjacent parcel.
(82) “Loading space.” 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.
(83) “Lot.” Includes the words “plat” and “parcel” and means a portion or parcel of land considered or used as a single unit.
A. “Lot, corner.” A parcel of land at the junction of and fronting on two or more intersecting streets.
B. “Lot, depth of.” The average horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
C. “Lot, interior.” A lot other than a corner lot.
D. “Lot lines.” Any line dividing one lot from another.
E. “Lot, through.” An interior lot having frontage on two parallel or approximately parallel streets.
F. “Lot width.” 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.
G. “Lot, zoning.” 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 Code with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located unless the ZBA determines otherwise. 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.
(84) “Master deed.” 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.
(85) “Materials recovery.” 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.
(86) “Materials recovery facility.” 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.
(87) “Medical marihuana facility or facility.” Facility that means one of the following:
A. “Grower” or “grower facility” as defined in the Medical Marihuana Facilities Licensing Act.
B. “Safety compliance facility” as defined in the Medical Marihuana Facilities Licensing Act.
C. “Provisioning center” as defined in the Medical Marihuana Facilities Licensing Act.
D. “Processor” as defined in the Medical Marihuana Facilities Licensing Act.
E. “Secure transporter” as defined in the Medical Marihuana Facilities Licensing Act.
(88) “Mental health facility.” A facility or institution for diagnosing, treating, caring for, or counseling people requiring mental health services, including in-patient confinement.
(89) “Mini-warehouse (self-storage facility).” 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.
(90) “Manufactured home.” 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.
(91) “Manufactured home lot.” A designated site within a mobile home park for the exclusive use of the occupants of a single mobile home.
(92) “Manufactured home park.” 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 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.
(93) “Motel.” 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.
(94) “Motor vehicle bump and paint shop.” 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.
(95) “Motor vehicle repair shop.” A building or portion of a building arranged, intended, and designed to be used for making repairs to motor vehicles.
(96) “Non-conforming building.” 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.
(97) “Non-conforming use.” A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
(98) “Nuisance.” 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. This includes, but is not limited to: noise; dust; smoke; odor; glare; fumes; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise from the congregation of people, particularly at night; and traffic.
(99) “Occupied.” Any land or structure arranged, designed, built, altered, converted to, rented, or leased, or intended to be inhabited or used.
(100) “Off-street parking lot.” 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.
(101) “Office.” A place, such as a building, room, or suite, in which services, clerical work, professional duties or the like are carried out.
(102) “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, horseshoe courts, miniature golf courses, golf driving ranges, children’s amusement parks or similar recreational uses.
(103) “Open front store.” 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. This does not include vehicle repair stations or vehicle service stations.
(104) “Open space.” An unoccupied space open to the sky on the same lot with the building.
(105) “Outdoor storage.” The keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four hours.
(106) “Parking space.” An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and fully accessible for the parking of permitted vehicles.
(107) “Religious institution.” An institution that people attend to participate in or hold religious services, meetings, or other activities. This term does not carry a secular connotation and includes buildings in which the religious services of any denomination are held.
(108) “Plat.” A map, plan or layout of a township, city, village, section or subdivision, or any part thereof, including the boundaries of individual properties.
(109) “Porch.” 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.
(110) “Public utility.” 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.
(111) “Satellite television dish.” A device that is designed to receive and/or process microwave communication via satellite and which is also known as a satellite earth station.
(112) “Sign.” See Chapter 1222: Signs.
(113) “Site area.” The total area within the property lines of a project, excluding external streets.
(114) “Site condominium.” A condominium development consisting of single-family detached residential dwelling units.
(115) “Site plan.” 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.
(116) “Special land use.” A conditional use permitted only after review and approval by the Planning Commission, such review being necessary because the provisions of this Code covering conditions, precedent or subsequent, are not precise enough for all applications without interpretation, and such review is required by this Code.
(117) “Specifically designated dealer's establishment.” 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.
(118) “Standard restaurant.” 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.
(119) “Story.” 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.
(120) “Story, one-half.” 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.
(121) “Street.” A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.
(122) “Street line.” The dividing line between a street and a lot.
(123) “Structure.” 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.
(124) “Swimming pool.” A pool used for swimming purposes rather than wading purposes and which has a depth of twenty-four inches or greater.
(125) “Temporary use or building.” A use or building permitted to exist during periods of construction of the main building or use, or for special events.
(126) “Truck terminal.” A facility for temporary parking and storing of currently licensed trucks, truck tractors, road tractors and trailers, including incidental maintenance and repair of such vehicles and warehousing incidental to the use.
(127) “Usable floor area (UFA), nonresidential.” 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.
(128) “Use.” 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.
(129) “Variance.” An exception to the provisions of this Zoning Code granted by the Zoning Board of Appeals.
(130) “Vehicle sales.” The sales of the automobiles or other motor vehicles that are incidental to the primary use of an approved commercial garage.
(131) “Vehicle sales establishment.” 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.
(132) “Vehicle sales, open air.” 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.
(133) “Vehicle sales, showroom.” 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.
(134) “Vehicle repair shops.” 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.
(135) “Vehicle wash facility.” Either a mechanical or self-service establishment that contains facilities for washing automobiles (include trucks, buses, or any other vehicle). This definition does not include temporary car washes for the purposes of raising funds for charitable, non-profit, sports organizations, etc.
(136) “Wall.” An artificially constructed upright barrier of any material or combination of materials erected to enclose, divide, screen or protect areas of land.
(137) “Wall, obscuring.” 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.
(138) “Yards.”
A. “Front yard.” 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 is measured between the front line of the building and the street line.
B. “Side yard.” 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 is the front line of the lot. If no rear yard is required, the rear boundary of the side yard is the rear line of the lot. This is not to be construed to prohibit the parking of an owner's or occupant’s motor vehicle.
C. “Rear yard.” 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. This is not to be construed to prohibit the parking of an owner's or occupant’s motor vehicle.
(139) “Zoning Code.” Ordinance passed on February 7, 2023, as amended, codified herein as Part Twelve - the Planning and Zoning Code.
(Ord. 2023-01. Passed 2-7-23.)