(a) Construction of Language. In the construction of this Zoning Code the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:
(1) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.
(2) The word "shall" is mandatory and not discretionary.
(3) The word "may" is permissive.
(4) The word "lot" shall include the words "piece," "parcel," and "plots;" the word "building" includes all other structures of every kind regardless of similarity to buildings, and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(5) All "measured distance" shall be to the nearest foot. If a fraction is one-half foot or less, the full number next below shall be taken.
(b) Definitions.
(1) Accessory building, structure or use. An accessory building, structure or use is a building, structure or use which is:
A. Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Zoning Code;
B. Clearly incidental to, subordinate in purpose to, and serving the principal use;
C. Either in the same ownership as the principal use or clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use; and
D. Satellite discs and other antennas used for the reception or transmission of sight and/or sound signals, whether permanently or temporarily installed, shall be considered to be a permanent accessory building, structure or use.
(2) Alley. An alley is a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
(3) Arbor. A bower of vines or branches or of lattice work with a top, covered with climbing shrubs or vines used to define a point of entry to an outdoor space or the division of two places along a path.
(4) Automobile washing establishments, custom. An automobile washing establishment, custom, is any use which includes the washing of automobiles or other motor vehicles primarily by hand without the use of large mechanical equipment such as chain conveyors, blowers, steam cleaning devices, and similar mechanical devices.
(5) Automobile washing establishments, production. An automobile washing establishment, production, is a building, or portion thereof, containing facilities for washing more than one automobile at any one time, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices.
(6) Automobile washing establishments, self-service or coin operated. An automobile washing establishment, self-service or coin operated, is any building or structure, or portion thereof, containing facilities which provide space, water, equipment, or soap for the complete or partial hand washing of automobiles by the automobile owners.
(7) Basement. A basement is that portion of a building which has less than one-half of its average height, measured from the finished floor to the next finished floor, above the average finished grade. A basement is considered a living area. (See Figure 10 following the text of this chapter.)
(8) Block. A block is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines, or county lines.
(9) Block face. A block face is the portion of any block which fronts on the same street.
(10) Boat lift, temporary. A temporary boat lift is a light metal or wood frame structure that is made of simple corner posts and braces. The lift has no enclosing sides and at the most has a light metal, fiberglass or canvas roof. The lift is also placed in the water and generally removed on a seasonal basis.
(11) Building. A building is any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind and which is permanently affixed to the land.
(12) Building, detached. A building, detached, is a building surrounding by open space on the same lot.
(13) Building height. Building heights is defined as a vertical distance measured from the average finished grade of the living area of a structure (excluding accessory structures) to the highest point of the roof surface if it is a flat roof, to the mean height level between eaves and the ridge of a gable, studio, hip, gambrel, or mansard roof, or seventy-five percent of the height if it is an "A" frame roof. (See Figures 1 and 2 following the text of this chapter.)
(14) Building Inspector. The Building Inspector is the Building Inspector of the Municipality, who shall be responsible for enforcing and administering all requirements of this Zoning Code.
(14A) Candela. A unit of luminance or brightness for electronic message signs. A common candle emits the light within a luminous intensity of roughly one candela.
(15) Canopy (building). A canopy is a roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter for people from the weather.
(16) Canopy (free-standing). A multi-sided structure covered with opaque material and supported by columns or posts embedded in or on top of the ground, erected primarily to provide shelter for people from the weather.
(17) Certificate, occupancy. A certificate, occupancy, refers to the written approval of the Enforcement Officer that authorizes a person or persons to occupy or use premises, as established in Section 1242.04(c). The occupancy certificate may consist of a standardized independent form bearing the signature of the Enforcement Officer or it may be represented as a part of the building permit application.
(18) Clinic, medical or dental. A clinic, medical or dental, is a building in which an individual or organization offers medical and/or dental services. A clinic shall not include inpatient care.
(19) Club or lodge, private (nonprofit). A club or lodge, private (nonprofit) is a nonprofit association of persons who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food, meals, and beverages on such premises.
(20) Commercial vehicle. Any motor vehicle or trailer, excluding pick-up trucks, with a commercial license plate, and whose characteristics are described below:
A. Used for the transportation of passengers for hire;
B. Constructed or used for the transportation of goods, wares or merchandise for hire or sale;
C. Vehicles used to vend food, snacks, beverages, or other consumables to customers directly from the vehicle;
D. Designed and used for carrying, towing, or pulling other vehicles;
E. Capable of attaching to and propelling semi-trailers and similar units and which is not customarily operated without an attached trailer;
F. A semi-trailer unit customarily attached to and propelled by a truck tractor vehicle, but which can be detached to stand alone, including trailers with flat beds, stake beds, roll-off beds, tanker bodies, dump bodies and full or partial box-type enclosures;
G. A cab and chassis with a stake, rack, dump body, wrecker body, tanker body, or any other body, the mounted height of which exceeds the height of the cab roof by more than eight inches; and
H. Equipment such as but not limited to backhoes, power shovels, bulldozers, earth moving equipment, tractors (excluding lawn tractors and garden tractors), earth carriers, drag lines, cranes, dump trucks, stake trucks, flatbed trucks, panel trucks, wreckers, septic tank pumpers, semi-tractors, tanker trucks, well-drilling rigs, welding trucks, semi-trailers, and any other type of commercial or construction equipment, as well as any other motor vehicle not customarily used for passenger transport similar vehicles.
(21) Common element, general. The common elements other than the limited common elements.
(22) Common element, limited. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
(23) Condominium. A building or lot governed under Act 59, Public Acts of 1978, as amended.
(24) Condominium Act. Act 59, Public Acts of 1978, as amended (the “Act”).
(25) Condominium, conversion. A condominium project containing condominium units, some or all of which were occupied before the filing of a notice of taking reservations under Section 71 of the Condominium Act.
(26) Condominium documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
(27) Condominium elements. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(28) Condominium improvements. Those features and actions associated with a condominium project which are considered necessary by the Village to protect natural resources or the health, safety, and welfare of the residents of the Village and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. “Improvements” does not include the entire project.
(29) Condominium, site. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a “condominium unit,” as described in the master deed.
(30) Condominium unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(31) Council. The Council, also known as the Village Council, is the duly elected legislative body of the Village of Wolverine Lake.
(32) Deck, ground level. A ground level deck is a structure made of wood, concrete, stone, brick or other suitable materials and not exceeding eighteen inches in height above the surrounding grade at any point along the perimeter, or in the interior, of the deck. Nonobscuring railings, which do not significantly restrict the passage of aid and light, shall be allowed for these decks.
(33) Decks, raised. A structure made of wood, concrete, stone, brick or other suitable materials which exceeds eighteen inches in height above the surrounding grade at any point along the perimeter, or in the interior, of the structure.
(34) Dock, temporary. A temporary dock is any structure that extends out into the water from the adjacent land, is removable either in whole or in parts and meets the requirements as regulated by the DNR for the State of Michigan.
(35) Dumpster roll-off container or trailer. A dumpster, which is hauled away from a site, rather than being emptied on-site.
(36) Dwelling. A dwelling is a building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels and motels. (See Figure 3 following the text of this chapter.)
(37) Dwelling, mobile home. A dwelling, mobile home, is a structure transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to required utilities, and which contains the plumbing, heating, air conditioning, and electrical systems of the structure. The term “mobile home” shall not include vehicles primarily designed and used as temporary living quarters for recreational or travel purposes.
(38) Dwelling, multiple-family. A dwelling, multiple-family, is a building, or portion thereof, containing three or more dwelling units.
(39) Dwelling, single-family or one family. A dwelling, single-family or one-family, is a building containing only one dwelling unit and no other uses.
(40) Dwelling, single-family attached. A single-family attached dwelling is one which is joined to another dwelling at one or more sides by party walls. Each single-family attached dwelling must have a private entrance from the outdoors at or near grade level.
(41) Dwelling, single-family detached. A single-family detached dwelling is one which is entirely surrounded by open space on the same lot.
(42) Dwelling, two-family. A dwelling, two-family, is a building containing two dwelling units and no other uses except uses accessory thereto. One unit shall be wholly or primarily above the other unit and the upper unit shall not have direct access at grade to the exterior of the structure. Access to said unit shall be provided by a hall and stairs.
(43) Dwelling unit. A dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used, for living, sleeping, cooking and eating by one family as defined herein.
(43A) Electronic Message Sign (LED). A sign with a fixed or changing message composed of a series of lights or light-emitting diodes (LED) that may be changed through electronic means. A time and/or temperature sign shall not be considered as an LED sign.
(44) Enforcement officer. See Building Inspector.
(45) Establishment, business. An establishment, business, is a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
(46) Family. A family consists of one person, two or more unrelated persons, or two or more persons related by blood, marriage, legal adoption, or guardianship, and occupying a single dwelling unit. In single-family dwellings, each family entirely of related persons may be allowed a maximum of one roomer per dwelling unit and each family may also keep foster children on the premises provided that the dwelling unit is licensed as a foster home by the State of Michigan. This definition shall apply except where preempted by overriding State of Michigan law.
(46A) Fence. A barrier structure constructed of wood, metal, vinyl, or other material used to enclose or screen a land use or parcel.
(46B) Fence, landscape. Landscape fences are a row of trees, shrubs, hedgerows, landscaping berms, arbors, or the like which purpose, either immediately or over time, is to enclose, confine, or restrict the passage of air and light and impede surrounding line of sight. The arrangement of plants in a landscape fence may be in a straight row, staggered, random or other arrangement, but the effect of a screen, enclosure, confinement or restriction is the same.
(47) Finished grade. The finished grade is the level of the finished surface of the ground adjacent to the exterior walls of the building or structure. The finished surface is measured within ten feet of the exterior walls of the building or structure (excluding garages and accessory structures).
(48) Floor area. A floor area (for determining off-street parking and loading requirements) shall mean the sum of the gross horizontal area of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However “floor area” for the purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or mechanical floor area.
(49) Foster care facilities, adult. A governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Michigan adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.).
(50) Foster care family home, adult. A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.
(51) Foster care small group home, adult. A facility with the approved capacity to receive twelve or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
(52) Foster care large group home, adult. A facility with approved capacity to receive at least thirteen but not more than twenty adults to be provided supervision, personal care, and protection in addition to room and board, for twenty-four hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
(53) Frontage, zoning lot. Frontage, zoning lot, is the length of all the property lines of such zoning lot fronting on a street, measured between side lot lines.
(54) Garage, residential. A garage, residential, is any structure which is enclosed on all sides, which has doors to permit the access and egress of motor vehicles, which is designed and intended primarily to protect parked motor vehicles from the elements, and which is accessory to a residential structure. Such a garage may be either attached to or detached from the principal structure.
(55) Half story. A top floor area under a sloping roof having less than fifty percent of the floor area immediately below will be a considered a half story. A walkout basement will be considered a half story. On a two story building there is a limit of one half story either above the top full story or below the first story, thus limiting the total building to two and one-half stories as in the building bulk limitations (See Figures 9 and 10 following the text of this chapter.)
(56) Home occupation. A home occupation is any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises, no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes; and not more than two clients, customers, or business associates shall visit the premises at one time. A professional person may use his or her residence for infrequent consultation, emergency treatment, or performance of religious rites, but not for the general practice of his or her profession. No accessory building shall be used for such home occupation. No barber shop, beauty shop, or similar activity or use shall be permitted as a home occupation.
(56A) Landscape Fence. Landscape fences are a row of trees, shrubs, hedgerows, landscaping berms, arbors, or the like which purpose, either immediately or over time, is to enclose, confine, or restrict the passage of air and light and impede surrounding line of sight. The arrangement of plants in a landscape fence may be in a straight row, staggered, random or other arrangement, but the effect of a screen, enclosure, confinement or restriction is the same.
(57) Lot. A lot is a parcel of land which is either a “lot of record” or a “zoning lot.” (See Figures 4 through 7 following the text of this chapter.)
(58) Lot, corner. A lot, corner, is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
(59) Lot coverage. The percentage of the lot occupied by main buildings, accessory structures (whether incorporated into a deck, in-ground or raised, or not), raised decks, raised patios, in-ground swimming pools, in-ground and above-ground spas and hot tubs, and similar permanent structures. For purpose of this definition, driveways are not calculated in lot coverage.
(60) Lot depth. Lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
(61) Lot, gross area. Lot, gross area, is the area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a lake or river.
(62) Lot, interior. A lot, interior, is a lot other than a corner lot.
(63) Lot, through. A lot, through, is a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
(64) Lot width. Lot width is the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first thirty feet of lot depth immediately in back of the front yard setback line.
(65) Lot, zoning. A lot, zoning, is 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. Therefore, a “zoning lot or lots” may or may not coincide with a lot of record.
(66) Lot line, front. A front lot line shall be that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. On a corner lot, both street lines shall be deemed front lot lines. In the case of landlocked or partially landlocked land, the front lot line shall be that lot line that faces the access to the lot. For properties adjacent to Wolverine Lake or a water body connected thereto, the highwater line of said Lake or water bodies shall be considered a front lot line.
(67) Lot line, rear. A lot line, rear, shall be that boundary of a lot which is most distant from, and is or is most nearly parallel to, a front lot line. For properties with both streetfront and lakefront lot lines there shall be no rear lot lines.
(68) Lot line, side. A lot line, side, shall be any boundary of a lot which is not a front lot line or rear lot line.
(69) Lot of record. A lot of record is a lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Oakland County; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this Zoning Code.
(70) Marquee. A marquee is a roof-like structure of a permanent nature which projects from the wall of a building.
(71) Master deed. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.
(72) Medical Marihuana Act. The Initiated Law of 2008, M.C.L.A. §§ 333.2642, et seq., and Michigan Administrative Rules, R 333.101, et seq.
(73) Medical marihuana caregiver. A person as defined under M.C.L.A § 333.26423(g) of the Medical Marihuana Act, and who has been issued and possesses a registry identification card under the Medical Marihuana Act.
(74) Medical marihuana caregiver facility. One private office premises having a separate or independent postal address.
(75) Membrane storage structure. A structure consisting of a frame that is covered with a plastic, fabric, canvas or similar non-permanent material, which is used to provide storage for vehicles, boats, recreational vehicles or other personal property. The term shall also apply to structures commonly known as hoop houses, canopy covered carports and tent garages, but shall not apply to temporary tents or canopies used to shield people for special events such as weddings or graduations or to provide shade or weather protection for people over patios or decks.
(76) Mezzanine. A mezzanine is an intermediate story between the floor and ceiling of a main story and extending over only part of the main floor. For the purpose of this Zoning Code, a mezzanine shall be counted for the purpose of determining the total area of a building, but shall not be counted as a story for the purpose of determining the height of a building in stories.
(77) Nursing home. A nursing home, as specified in the State of Michigan Public Health Code, PA 368 of 1978, MCL 333.20101 to 333.22260, as amended, means a nursing care facility, including a county medical care facility, that provides organized nursing care and medical treatment to seven or more unrelated individuals suffering or recovering from illness, injury, or infirmity. Nursing home does not include a unit in a State correctional facility. Nursing home does not include one or more of the following:
A. A hospital.
B. A veterans' facility created under Act 152 of the Public Acts of 1885, being sections 36.1 to 36.12 of the Michigan Compiled Laws.
C. A hospice residence that is licensed under Act 368 of 1978.
D. A hospice that is certified under 42 C.F.R. 418.100.
(78) Occupant load. The occupant load of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable safety and comfort, as determined in the Building Code.
(78A) Outdoor fireplace. An outdoor, solid-fuel or LP gas burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. An outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
(78B) Outdoor kitchen. An outdoor kitchen means a secondary cooking area located outside a home that is typically equipped with a counter, grill, refrigerator and/or sink.
(78C) Pergola. A pergola is an accessory structure used in landscaping consisting of parallel colonnades supporting an open roof of girders and cross rafters. A pergola is built as an outdoor sitting area with lattice or open slat roof for partial shade.
(79) Play house. A play house is an enclosed or semi-enclosed structure similar to a shed or utility structure except that it is primarily used for children's leisure activities and not for habitation or storage. Play houses are to meet the size requirements outlined for sheds in Section 1280.02(b).
(80) Play structure. A play structure is a light metal, wood or synthetic frame structure that does not exceed ten feet in height and it is primarily used for children’s leisure activities. The play structure has no enclosing sides and at the most has a light fiberglass or canvas roof. Swing sets, slides and climbers are typical examples of this type of structure.
(81) Portable on-demand storage structure (POD). Any portable container, portable storage unit or other portable structure that is used for the temporary storage of personal property, which is located outside an enclosed building. The storage unit is delivered to a lot, unloaded from a truck, and left on the lot to be packed or unpacked by the occupant of the lot over a period of time, with a truck returning at a later date to remove the storage container. The term does not include normal sheds or membrane storage structures.
(82) Property lines. Property lines are the lines bounding a zoning lot, as defined herein.
(83) Public way. A public way is any sidewalk, street, alley, highway, or other public thoroughfare.
(84) Recreation vehicle. Vehicular or tent-type structures, designed primarily as temporary living quarters for recreational, camping or travel use, which either have their own motive power or are mounted on or drawn by another vehicle which is self-propelled. Recreational vehicles shall include travel trailers, camping trailers, tent trailers, motor homes, truck campers, and similar vehicles.
(85) Rest home, nursing home, or convalescent home. A rest home, nursing home, or convalescent home shall be defined as specified in State of Michigan Act 139, Public Acts of 1956, as amended.
(86) Restaurant, dining room. A dining room restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose method of operation involves only the serving of the prepared food to the customer at tables or booths inside the structure or out. An establishment may combine the functions and characteristics of a dining room with those of a snack bar, a fast-food restaurant, a drive-in restaurant, or a drive-through restaurant. Establishments which combine the functions and characteristics of more than one type of restaurant shall meet the parking and loading standards established for each type in proportion to the area or number of employees assigned to each function
(87) Restaurant, drive-in. A drive-in restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose method of operation involves delivery of the prepared food, so as to allow the consumption of foods, frozen desserts, or beverages in a motor vehicle on the premises or elsewhere on the premises, but outside any completely enclosed structure. An establishment may combine the function and characteristics of a drive-in restaurant with those of a snack bar, a drive-through restaurant, a fast-food restaurant, and/or a dining room restaurant if its method of operation also includes the method or methods of operations attributable to these uses. Establishments which combine the functions and characteristics of more than one type of restaurant shall meet the parking and loading standards established for each type in proportion to the area or number of employees assigned to each function.
(88) Restaurant, drive-through. A drive-through restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose method of operation involves delivery of the prepared food to the customer in a motor vehicle for consumption off the premises. An establishment may combine the functions and characteristics of a drive-through restaurant and/or dining room restaurant if its method of operation also includes the method or methods of operations attributable to these uses. Establishments which combine the functions and characteristics of more than one type of restaurant shall meet the parking and loading standards established for each type in proportion to the area or number of employees assigned to each function.
(89) Restaurant, fast-food. A fast-food restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose method of operation involves delivery of the prepared food to the customer at a counter or cafeteria line for consumption on the counter where it is served, or at tables, booths, or stands inside the structure or out, but not in a motor vehicle on the site. An establishment may combine the functions and characteristics of a fast-food restaurant with those of a snack bar, a drive-through restaurant, a drive-in restaurant, and/or a dining room restaurant. Establishments which combine the functions and characteristics of more than one type of restaurant shall meet the parking and loading standards established for each type in proportion to the area or number of employees assigned to each function.
(90) Restaurant, snack bar. A snack bar is any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, and whose method of operation involves delivery of the prepared food to the customer at a counter and does not provide counter space, tables, or other facilities at which the majority can or are likely to consume the prepared food. An establishment may combine the functions of a snack bar with those of a fast-food restaurant, a drive-in restaurant, a drive-through restaurant and/or a dining room restaurant. Establishments which combine the functions and characteristics of more than one type of restaurant shall meet the parking and loading standards established for each type in proportion to the area or number of employees assigned to each function.
(91) Setback. A setback indicates the minimum distance maintained between a lot line and the nearest supporting member of any structure on the lot.
(92) Sign. A sign is a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court of public office notices, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A “sign” shall not include a sign located completely within an enclosed building, which sign is not visible from outside the building, unless the context shall so indicate.
(93) Sign, advertising. A sign, advertising, is a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
(94) Sign, flashing. A sign, flashing, is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Zoning Code, any moving, illuminated sign shall be considered a “flashing sign.”
(95) Sign, gross area of. The gross area of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. When two sides of a double-faced sign are located not more than thirty-six inches apart at the narrowest point and display identical messages or other representation, the gross area shall include only one of the sides. Any additional side of a multifaced sign shall be considered as a separate sign for purposes of computing the total gross area of the sign. The gross area of a facia shall be calculated by the total square footage encompassed by the facia, including the area between letters.
(96) Sign, identification. A sign, identification, is a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.
(97) Sign, obsolete. A sign, obsolete, is any sign which no longer correctly directs or exhorts any person; or advertises a business, service, product, tenant, or activity no longer conducted, available, or in existence.
(98) Sign, political. A sign, political, is any temporary sign which supports the candidacy of any candidate for public office or urges action on any other matter on the ballot of primary, general, or special elections.
(99) Sign, portable. A sign, portable, shall be any sign which is not permanently attached to a building or the ground. Portable signs shall include sandwich board signs, signs on wheels, signs on vehicles when such vehicles are parked at a location on a lot for the purpose of advertising, and other movable signs.
(100) Sign, roof. A sign, roof, is a sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by said building.
(101) Sign, window. A sign, window, is any temporary or permanent sign affixed to the interior or exterior of a window, or any sign located inside a building within six feet of the interior side of a window and displayed so as to attract the attention of persons outside the building. Merchandise which is included in a window display shall not be considered as part of a window sign.
(102) Small domestic animals. Small domestic animals shall include dogs; cats; domestic rodents; birds, except fowl; fish; rabbits and similar animals, but not fowl, pigs, horses, cattle, goats, and similar animals. Determination of which animals not specifically mentioned in this definition as small domestic animals are included in the definition shall be made by the Zoning Board of Appeals.
(103) Story. A story is that portion of a building between any floor and the next floor above, or any portion of a building between the topmost floor and the roof, that has a floor area of at least fifty percent of the floor area immediately below it. A mezzanine is not to be considered a story. (See Figure 8 following the text of the chapter.)
“Floor area” shall be defined as the area of the floor as determined to be habitable or usable, or potentially habitable or usable, as defined in the Building Code.
(104) Street. A street is a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
(105) Structural alteration. A structural alteration is any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
(106) Structure. A structure is anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.
(107) Structure or building, nonconforming. A nonconforming building or structure is any building or structure, lawfully existing at the time of enactment of this Zoning Code, which:
A. Does not comply with all of the regulations of this Zoning Code or of any amendment hereto governing bulk and site design for the zoning district in which such building or structure is located; or
B. Is designed or intended for a nonconforming use.
(107A) Structure, temporary shade. A temporary shade structure is an accessory structure that has a roof of any type of material that lacks a permanent foundation.
(108) Subdivision lake access lot. A subdivision lake access lot is a lakefront parcel located in a subdivision which is deeded to subdivision parcel owners for the purpose of allowing access to the lake and to be utilized for recreational activities. These lots are governed by the bylaws of subdivision, lake associations and deeds of the property itself.
(109) Trailer. A trailer means a movable or portable unit designed to be towed on its own chassis and which is used for recreational purposes.
(110) Trellis. A vertical frame of lattice work used as a screen or as a support for climbing plants.
(111) Use. The use of property is the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
(112) Use, Nonconforming. A nonconforming use is any use of land, buildings, or structures, lawful at the time of enactment of this Zoning Code, which does not comply with all of the regulations of this Zoning Code or of any amendment hereto governing use of the zoning districts in which such use is located.
(113) Use, permitted by right. A use, permitted by right, is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.
(114) Use, principal. The use, principal, is the main use of land or buildings as distinguished from a subordinate or accessory use. A “principal use” may be a “permitted” use or a “special use.”
(115) Use, special land. A special land use is a use either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such “special land use” may or may not be granted, subject to the terms of this Zoning Code.
(116) Vessel. A vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(117) Veterinary clinic. A veterinary clinic is a building or any portion thereof used for the treatment of house pets as outpatients and in no event having exterior or interior kennels and overnight lodging appurtenant thereto or a part thereof.
(118) Walkout basement. A walkout basement is a basement that has direct access to the exterior. For this reason, a walkout basement is considered a half story.
(119) Yard. A yard is an open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in Chapter 1268. A “yard” extends along a lot line, and to a depth or width specified in the setback requirements for the zoning district in which such zoning lot is located.
(120) Yard, front. A yard, front, is a yard extending along the full length of the front lot line or lines between the side lot lines. A front yard is any yard adjacent to a street or to Wolverine Lake or a water body attached thereto.
(121) Yard, interior side. A yard, interior side, is a yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
(122) Yard, rear. A yard, rear, is a yard extending along the full length of the rear lot line between the side lot lines.
(123) Yard, required. A yard, required, is a yard which is located between a front, side, or rear property line and the required front, side, or rear setback line.
(124) Yard, side. A yard, side, is a yard extending along a side lot line from the front yard setback to the rear yard setback.
(125) Yard, unrequired. A yard, unrequired, is a yard which is located between the front, side, or rear of the principal structure on a lot and the required front, side, or rear setback or rear setback line.
(Ord. 106. Passed 12-9-81; Ord. 106A-5. Passed 3-14-84; Ord. 106A-24. Passed 3-9-94; Ord. 106A-26. Passed 10-12-94; Ord. 106A-28. Passed 12-13-95; Ord. 106A- 34. Passed 7-12-00; Ord. 106-A36. Passed 7-9-03; Ord. 106-A44. Passed 7-9-08; Ord. 106- A51. Passed 12-10-08; Ord. 106A-61. Passed 7-11-12; Ord. 106A-64. Passed 4-9-14; Ord. 106-A87. Passed 5-14-14; Ord. 106-A91. Passed 12-10-14; Ord. 106-A95. Passed 12-10-14; Ord. 106A-101. Passed 6-10-15; Ord. 106A-106. Passed 7-11-18; Ord. 106A-111. Passed 2-20- 19; Ord. 106A-114. Passed 11-9-20; Ord. 106A-118. Passed 3-13-24.)
Figure 1:
Building Height
Building Height
Figure 2:
Building Height
Building Height
Figure 3:
Types of Residential Dwellings
Types of Residential Dwellings
Figure 4:
Corner, Interior, and Through Lots
Corner, Interior, and Through Lots
Figure 5:
Required and Unrequired Yards - Interior Lot Layout
Required and Unrequired Yards - Interior Lot Layout
(Ord. 106A-102. Passed 6-10-15.)
Figure 6:
Required and Unrequired Yards - Corner Lot Layout
Required and Unrequired Yards - Corner Lot Layout
(Ord. 106A-102. Passed 6-10-15.)
Figure 7:
Required and Unrequired Yards - Lake Lot Layout
Required and Unrequired Yards - Lake Lot Layout
(Ord. 106A-102. Passed 6-10-15.)
Figure 8:
Permitted Story Configuration
Permitted Story Configuration
Figure 9:
Sample of a permitted 2.5 story residential structure with 1/2 story above two full stories
Sample of a permitted 2.5 story residential structure with 1/2 story above two full stories
Figure 10:
Sample of a permitted 2.5 story residential structure with 1/2 story as a walk-out basement
Sample of a permitted 2.5 story residential structure with 1/2 story as a walk-out basement
