(A) General.
(1) For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows. All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; and the word “building” includes the word “structure”, and “dwelling” includes “residence”; the word “person” includes “corporation”, “co-partnership”, “association”, as well as an “individual”; the word “shall” is mandatory and the word “may” is permissive; the word “lot” includes the words “plot” or “parcel”; the words “used” or “occupied” includes the words “intended”, “designated” or “designed”, or “arranged to be used or occupied”.
(2) Terms not herein defined shall have the meaning customarily assigned to them.
(Prior Code, App. A, § 200)
(B) Specific terms. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The cessation of activity in, or use of a dwelling, structure or lot, other than that which would normally occur on a seasonal basis, for a period of six months or longer.
ABUTTING. Having property or district line in common (e.g., two lots are abutting if they have property lines in common).
ACCESSORY USE. A use which is clearly incidental to, customarily found in connection with and located on the same zoning lot, unless otherwise specified, as the principal use to which it is related. When ACCESSORY is used in this text, it has the same meaning as ACCESSORY USE. An ACCESSORY USE includes, but is not limited to, the following:
(a) Residential accommodations for servants and/or caretakers;
(b) Outdoor swimming pools, hot tubs and saunas for the use of occupants of a residence or their guests;
(c) Domestic storage in a barn, shed, tool room or similar accessory building or other structure;
(d) A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays;
(e) Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations;
(f) Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;
(g) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;
(h) Uses clearly incidental to a main use, such as but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex;
(i) Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located;
(j) Accessory signs, subject to the sign regulations for the district in which the zoning lot is located;
(k) Common household gardening in a residential district when located only in the rear yard and/or non-required side yard areas. For purposes of this chapter, common household gardening shall include the growing of fruits and vegetables for consumption, solely by members of the family residing in the dwelling unit located on the same zoning lot; and
(l) Solar panels, wind generators, television reception antenna and air conditioning units.
ADULT ENTERTAINMENT FACILITIES. Facilities which exclude minors by virtue of age and further defined as follows.
(a) ADULT BOOKSTORE. An establishment having a substantial portion of its stock in trade for sale, barter or rental, books, magazines, other periodicals, films, posters, video tapes or other materials or means for the recording or reproduction of a visual display on a video screen or other display device which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.
(b) ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons, used for presenting on-premises viewing, by use of motion picture devices or any coin-operated means, material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), for observation by patrons therein.
(c) ADULT MOTION PICTURE THEATER. An enclosed building, with a capacity of 50 or more persons, used for presenting on-premises viewing, by use of motion picture devices or any coin-operated means, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein), for observation by patrons therein.
(d) ADULT MOTEL. A motel which presents materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical area (as defined below), for the entertainment of its patrons.
(e) ADULT PERSONAL SERVICE BUSINESS. A business whose activities include a person, while partially nude, providing personal service for another person on an individual bases in a closed room. It includes, but is not limited to, the following activities and services: modeling studios; photographic studios; wrestling studios; individual theatrical performances; body painting studios; and massage studios.
(f) ADULT CABARET. An establishment which features topless dancers and/or bottomless dancers, partially nude or seminude dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, or topless and/or bottomless and/or partially nude or seminude waitpersons or employees or any other form of nude or partially nude or semi-nude service or entertainment.
(g) PARTIALLY NUDE or SEMI-NUDE. A person having any or all of the following body parts exposed: buttocks; genitals; anus; pubic area; or female breasts.
(h) SPECIFIED SEXUAL ACTIVITIES.
1. Human genitals in a state of sexual stimulation;
2. Acts of masturbation, sexual intercourse or sodomy; and
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(i) SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered human genitals, public region, buttock, anus and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(j) PERSON. A person shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.
ADULT FOSTER CARE HOME. A private home licensed by the state for care of sick, elderly or handicapped adults. A “family home” is defined as having one to six adults; a group home seven to 20 adults.
ALLEY. A public way that affords only secondary access to abutting property and not intended for general traffic circulation.
ALTERATIONS. Any change, addition or modification in construction or type of occupancy, or in the structural members of a building such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to in this chapter as “altered” or “reconstructed”.
APARTMENTS. The dwelling units in a multiple dwelling, as defined herein.
(a) EFFICIENCY APARTMENT. A dwelling unit containing a minimum of at least 150 square feet of floor area consisting of not more than one room in addition to kitchen and sanitary facilities.
(b) ONE-BEDROOM UNIT. A dwelling unit containing a minimum floor area of at least 400 square feet consisting of not more than three rooms in addition to kitchen and necessary sanitary facilities.
(c) TWO-BEDROOM UNIT. A dwelling unit containing a minimum floor area of at least 500 square feet, consisting of not more than four rooms in addition to kitchen and necessary sanitary facilities.
(d) THREE- OR MORE BEDROOM UNIT. A dwelling unit wherein, for each room in addition to the four rooms permitted in a two-bedroom unit, there shall be provided an additional area of 100 square feet to the minimum floor area of 500 square feet in addition to kitchen and necessary sanitary facilities.
APPEALS. The process, as prescribed in the ordinance, for contesting a zoning interpretation made by the Engineering Department or Building Official.
AUTOMOBILE SERVICE STATION (GAS STATION). A building used for the retail sale of fuel (stored only in underground tanks and to be dispensed from fixed equipment), lubricants, air, water and other commodities designed for motor vehicles, aircraft and boats. Such an operation includes space and facilities for selling, installing or adjusting tires, batteries, parts and accessories within a completely enclosed building; provided that, such repair and installation are of minor vehicle repair nature and may include convenience store merchandise primarily sold to patrons purchasing gasoline and/or services.
AUTO WASH. A building or portion thereof, where motor vehicles are washed as a commercial enterprise, or where facilities are available for the self-service cleaning of motor vehicles.
BASEMENT. A story of a building which is partly below grade but so located that the vertical distance from average grade to the floor is not greater than the vertical distance from the average grade to the ceiling. If the vertical distance from the grade to the ceiling is over five feet, such BASEMENT shall be rated as a first story.
BED AND BREAKFAST DWELLINGS. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and a breakfast in return for payment.
BERM, OBSCURING. An earthen mound of definite height and location to serve as an obscuring device in carrying out the requirements of this chapter.
BOARD OF APPEALS. The Zoning Board of Appeals of the city.
BUFFER. A strip of land used to visibly separate one land use from another, or to shield or block noise, lights or other nuisances.
BUILDABLE AREA. The space remaining on a lot or lots of record after the minimum setback and open space requirements have been met.
BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattel or property of any kind.
BUILDING, ACCESSORY. A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land.
BUILDING HEIGHT. The vertical distance measured from the established grade of the center of the front of the building to the highest point of the roof surface for flat roofs; to the deck-line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs; and to the average height between the lowest point and the highest point on a shed roof. The BUILDING HEIGHT for accessory buildings is the vertical distance measured from the floor slab to the ridge line of the roof.
BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter, building line is the same as a front setback line.
BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.
BUILDING OFFICIAL. The City Engineer or his or her designee who is registered as a Building Official with the state.
BUILDING PERMIT. A permit signifying compliance with the provisions of this chapter as to use, activity, bulk and density, and with the requirements of all other codes and ordinances currently in effect in the city.
CERTIFICATE OF OCCUPANCY. A document which allows the occupancy or use provided such occupancy or use is in compliance with the provisions of this chapter.
CHANGE OF USE GROUP. Any use which substantially differs from the previous use of a building or land, or which imposes other special provisions of law governing building construction, equipment, egress or ingress, off-street parking and the like.
CHILD CARE ORGANIZATION. A facility for the care of children under 18 years of age, as licensed and regulated by the state under Public Act 116 of 1973 and the associated rules promulgated by the state’s Department of Consumer and Industry Service. Such organizations shall be further defined as follows.
(a) CHILD CARE CENTER or DAY CARE CENTER. A facility, other than a private residence, receiving more than six preschool age or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group or drop-in center. CHILD CARE CENTER or DAY CARE CENTER does not include a Sunday School conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
(b) FOSTER FAMILY HOME. A private home in which one, but not more than four, minor children, who are not related to an adult member of the household by blood, marriage or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(c) FOSTER FAMILY GROUP HOME. A private home in which more than four, but less than seven children, who are not related to an adult member of the household by blood, marriage or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(d) FAMILY DAY CARE HOME. A private home in which one, but less than seven, minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
(e) GROUP DAY CARE HOME. A private home in which more than six, but not more than 12, children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
CHURCH, TEMPLE and MOSQUE. A building or structure, or groups of building or structures, which by design and construction are primarily intended for organized religious services and accessory uses associated therewith.
CLEAR VISION. An area along each street at its intersection with another street, drive or alley where no visual obstruction of sight may exist.
CLINIC, DENTAL OR MEDICAL. A building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying out their profession. The CLINIC may include a medical or dental laboratory.
CLUB. A club, group or organization created for recreational, artistic, athletic, academic, political, charitable or other social purpose, and whose activities are not conducted for profit or material gain and do not involve merchandising, vending or other commercial activities, except as required incidentally for the membership and purpose of the social club.
COMMERCIAL. A term relating to the use of property in connection with the purchase, sale or trading of goods or service.
COMMERCIAL OUTDOOR RECREATION. Children’s amusement parks, carnivals, miniature golf and similar outdoor recreation facilities requiring payment for their utilization.
CONDOMINIUM. The following definitions are related to condominiums:
(a) CONDOMINIUM ACT. Public Act 59 of 1978, as amended, being M.C.L.A. § 559.101.
(b) 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.
(c) CONDOMINIUM SUBDIVISION (SITE CONDOMINIUM). A method of subdivision where land ownership of sites is regulated by the Condominium Act (Public Act 59 of 1978, as amended, being M.C.L.A. § 559.101), as opposed to the Subdivision Control Act of 1967 (M.C.L.A. § 560.101). CONDOMINIUM SUBDIVISION shall be equivalent to the term SUBDIVISION, as used in this chapter and the city’s Subdivision Regulations Ordinance.
(d) CONDOMINIUM SUBDIVISION PLAN. The drawings and information prepared in accordance with § 66 of the Condominium Act. Such drawings and information typically include the 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.
(e) CONDOMINIUM UNIT. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential office, industrial, business, recreational, use as a time-share unit or any other type of use.
(f) CONSOLIDATING MASTER DEED. The final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium projects as completed.
(g) CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or building may be withdrawn in accordance with this title and the Condominium Act.
(h) CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under § 71 of the Condominium Act.
(i) EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added in accordance with this chapter and the Condominium Act.
(j) 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 § 8 of the Condominium Act.
(k) NOTICE OF PROPOSED ACTION. The notice required by § 71 of the Condominium Act, to be filed with the city and other agencies.
(l) SITE CONDOMINIUM. A development concept for a condominium development containing residential, commercial, office, industrial or other structure for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights in a condominium unit as described in the master deed.
(m) LOT. The same as home-site and condominium unit in site condominium developments.
CONVALESCENT OR NURSING HOME. A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and limited medical care.
DECK. A horizontal structure of a single elevation or varying elevations, commonly used as a floor attached or adjacent to the main building.
DENSITY. The intensity of development in any given area, measured in this chapter by the number of dwelling units per square foot.
DESIGN REVIEW. Building and site review required within a design review district. See § 190.320 of this chapter for definitions related to design review.
DEVELOPMENT. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot or the use of open land for a new use.
DISH-TYPE SATELLITE SIGNAL-RECEIVING ANTENNAS. Also referred to as “earth stations” or “ground stations” shall mean one, or a combination of two or more, of the following:
(a) A signal-receiving device (antenna, dish antenna or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extra-terrestrial sources;
(b) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals; and/or
(c) A coaxial cable the purpose of which is to carry or transmit said signals to a receiver.
DISH. The part of satellite signal receiving antenna characteristically shaped like a saucer or dish.
DISTRICT (ZONING). A portion of the city in which certain building and activities are permitted and in which certain regulations, in accordance with this chapter, are applicable.
DOMESTICATED COMPANION ANIMAL. An animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including but not limited to: dogs, cats, hamsters, gerbils, guinea pigs, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches, and tropical fish.
DOMESTICATED COMPANION ANIMAL LODGING FACILITY. An establishment where domesticated companion animals are kept or confined for the purpose of providing training, boarding, sale or day care or extended sheltering and includes kennels.
DRIVE-IN. A business so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to service patrons while in the motor vehicle rather than within a building or structure or to permit patron self-service.
DRIVE-THROUGH. An establishment so developed that some portion of its retail or service character is dependent upon providing a driveway approach and staging area specifically designed for motor vehicles so as to serve patrons while in their motor vehicles rather than within a building or structure, for carry-out and consumption or use after the vehicle is removed from the premises.
DROP-BOX. Any self-service container or storage unit installed, used or maintained for the deposit of envelopes and packages.
DUMPSTER. An enclosed trash container capable of being moved by a vehicle.
DWELLING UNIT. A building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities, which may include studio apartments or condominiums.
DWELLING, ONE-FAMILY. A building designed exclusively for and occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living independently of each other.
DWELLING, MULTIPLE-FAMILY. A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other. (Refer to “apartments” definitions for dwelling unit types.)
DWELLING UNIT, MANUFACTURED. A dwelling unit which is substantially built, constructed, assembled and finished off the premises upon which it is intended to be located.
DWELLING, TOWNHOUSE. A single-family attached dwelling designed as a part of a series of three or more dwellings, all of which are either attached to the adjacent dwelling or dwellings by common separating walls or located immediately adjacent thereto with no visible separation between walls or roofs. TOWNHOUSE DWELLINGS shall also:
(a) Have common or adjacent walls fully dividing each dwelling unit from any other and extending from the basement or foundation to roof;
(b) Not exceed eight units in any series or maximum of 180 feet in overall building length;
(c) Be designed and arranged so that any unit shall adjoin any other unit only along the longer dimension of the building (side) if an end unit or both sides if an interior unit; and
(d) Have two separate and private means of ingress and egress which shall be located at opposite ends of the dwelling unit.
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. SITE BUILT DWELLING UNITS shall include dwelling units constructed of pre-cut materials, and panelized wall, roof and floor sections when such sections require substantial assemble and finishing on the premises which are intended to serve as its final location.
ELDERLY HOUSING, DEPENDENT. A multiple-family housing form with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit shall not contain cooking facilities, but must contain sanitary facilities.
ELDERLY HOUSING, INDEPENDENT. A multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit.
ERECTED. Includes built, constructed, altered, reconstructed, moved upon or any physical operation on the premises required for the construction. Excavation, fill, drainage, installation of utilities and the like shall be considered a part of ERECTION.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety or welfare. ESSENTIAL SERVICES does not include wireless communication towers.
FAMILY.
(a) A domestic family; that is, one or more persons living together and related by the bonds of consanguinity, marriage or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or
(b) The functional equivalent of a domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family, with a demonstrable and recognizable bond which constitutes the functional equivalent bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single, non-profit unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangements and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. For the purposes of enforcement, the Building Official shall presume that a functional equivalent of a domestic family is limited to six or fewer persons. A property owner may rebut this presumption to allow more than six persons by submitting an application for special land use approval subject to the standards set forth in this chapter.
FENCE. Any structure or partition of definite height and location to serve as an enclosure or as a barrier in carrying out the requirements of this chapter.
FENCE, OBSCURING. A structure of definite height and location to service as an obscuring screen in carrying out the requirements of this chapter.
FENCE, ORNAMENTAL. A manmade structure the surface area of which is partially open.
FLOOR AREA. For the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
FLOOR AREA USEABLE (FOR THE PURPOSE OF COMPUTING PARKING). The area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used for or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of USEABLE FLOOR AREA. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls. For the purposes of computing parking for those uses not enclosed within a building, the area used for the sale of merchandise, display of merchandise and/or area used to serve patrons or clients shall be measured to determine necessary parking spaces.
GARAGE, PRIVATE. An accessory building not over one story or 15 feet in height from the floor slab to the ridge line of the roof and used for parking or storage of motor vehicles, but not for commercial servicing or repair.
GLARE. The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
GRADE. The level of the earth at the front of the building which shall be assumed to be the mean established level of the sidewalk against which it abuts, plus a rise of not over one inch per foot of distance from the street line to the nearest part of the building. Where a building abuts on two or more streets, the GRADE shall be taken as a mean of grades calculated from the different streets.
GRAFFITI. Unauthorized inscribing, spraying of paint or making symbols using chalk, dye, ink, paint, spray paint or similar materials on public or private places, structures or other surfaces.
GREENBELT. A strip of land of definite width and location reserved for planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
HIGH-RISE CONDOMINIUM(S) OR APARTMENT(S). A building consisting of over eight stories that are used exclusively as dwelling units.
HOME OCCUPATION. An occupation or profession customarily carried on for monetary gain exclusively by the occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.
HOTEL. A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation facilities.
IMPROVEMENTS. Those features and actions associated with a project which are considered necessary by the municipality to protect natural resources or the health, safety and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including parking areas, landscaping, roadways, lighting, utilities, sidewalks, fences, walls, screening and drainage. IMPROVEMENTS do not include the entire project which is the subject of zoning approval.
INOPERABLE MOTOR VEHICLE. An automobile, truck or other motor vehicle which has been damaged, dismantled or is deteriorated to such an extent that it cannot be operated under its own power and will require repairs before being made useable; or such a vehicle which does not comply with state or city laws or ordinances.
INTERNET CAFÉ. Also called CYBERCAFÉ. A retail establishment that rents computers by the hour or at a one-time fee where people can pay to use the internet, send e-mails and the like. It may provide computers only or also sell a variety of accessories as well as provide food and drink.
JUNKYARD. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, used building materials, paper, rags, tires and bottles. A JUNKYARD includes automobile wrecking yards and includes any area of more than 100 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings. An unlicensed vehicle which is rusted, wrecked, junked, partially dismantled, whether attended or not, and which is parked, stored or left on lands zoned for residential purposes, unless same is completely enclosed within a suitable building, shall be considered “junk” under this chapter.
KENNEL. An establishment wherein or whereon three or more dogs are confined and kept for sale, boarding, breeding, or training purposes.
KENNEL, COMMERCIAL. Any lot or premises on which three or more dogs or cats are either permanently or temporarily boarded.
LEGISLATIVE BODY. The City Council.
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.
LOT. A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A LOT may or may not be specifically designated as such on public records. LOT means the same as “homesite” and “condominium” in site condominium developments.
LOT AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a CORNER LOT for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
LOT, DOUBLE FRONTAGE. An interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of DOUBLE FRONTAGE LOTS, all sides of said lots adjacent to streets shall be considered frontage and front yards shall be provided as required.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINES. Any lines bounding a lot, including the following.
(a) FRONT LOT LINE. In the case of an interior lot, the line separating said lot from the street. In the case of a corner lot, the FRONT LOT LINE is that line separating said lot from that street which is designated as the front street in the plat and in the application for the building permit or zoning compliance permit. In the case of a double frontage lot, both lot lines abutting on streets shall be treated as FRONT LOT LINES.
(b) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot. On waterfront lots, a REAR LOT LINE shall be considered the water’s edge.
(c) SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A SIDE LOT LINE separating a lot from a street is a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior side lot line. On waterfront lots, a SIDE LOT LINE shall be considered the water’s edge.
LOT COVERAGE. The part or percent of the lot occupied by buildings, including accessory building or structures.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured along the median between the side lot lines.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the county’s Register of Deeds or in common use by city or county officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof.
LOT WIDTH. The horizontal distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.
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. A ZONING LOT may not coincide with a lot of record, but may include one or more lots of record.
MASTER PLAN (COMPREHENSIVE PLAN). A comprehensive long-range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations, and proposals for the community’s population, economy, housing, transportation, community facilities and land use. Such plan may or may not be adopted by the Planning Commission or City Council.
MECHANICAL AMUSEMENT DEVICE. Any machine which, upon the insertion of a coin, slug, token, plate or disc, or the payment of a price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score and whether operated by hand, electricity or any other form of power. It shall include such devices as video and electronic machines, marble machines, pinball machines, skill ball machines, mechanical grab machines, coin-operated bowling alleys, shuffleboard game machines or devices, whether played with disks, weights, pucks, balls, mechanical guns, coin-operated motion picture machines, any so-called claw, crane or digger machine, or any other games, devices, operations or transactions similar thereto, under whatever name they may be indicated, which, when operated do not deliver as a result of the application of an element of chance, any money or property, or by the operation of which a person may not be entitled to receive as a result of the application of an element of chance, any money or property.
MECHANICAL MUSIC DEVICE. A piano, phonograph, jukebox or any similar machine or contrivance which emits recitations, songs, speeches or music upon the insertion of a coin.
MID-RISE CONDOMINIUM(S) OR APARTMENT(S). A building consisting of four to eight stories that are used exclusively as dwelling units.
MIXED USE. The development of a tract of land with two or more different uses such as residential, office and business in a coordinated urban form.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without a permanent foundation, and which includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle.
MODULAR AND SECTIONAL HOME. A dwelling unit consisting of two or more transportable factory-fabricated units designed to be assembled as a single residential structure on a foundation as required for conventional residences.
MOTOR VEHICLE. A self-propelled device used for transportation of people or goods and licensed as a motor vehicle.
MOTOR VEHICLE REPAIR, MAJOR. The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collisions service, such as body, frame or fender straightening and overall painting of vehicles.
MOTOR VEHICLE REPAIR, MINOR. Repairs other than major repair, including engine tune-up, muffler shops, shock absorber replacement shops, undercoating shops, tire stores, cleaning, waxing and buffing.
MOTOR VEHICLE SALES AREA. An area used for the display, sales and rental of new and used motor vehicles, boats, trailers, farm equipment, construction equipment, mobile homes and recreational equipment all in operable condition.
MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicles.
MUNICIPALITY. The City of Wyandotte.
MURALS. A painting or graphic art or combination thereof which is professionally applied to a building wall that does not contain any brand name, product name or abbreviation of the name of any product, company, profession or business, or any logo, trademark, trade name or other commercial message.
NEWSPAPER RACK. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals.
NON-CONFORMING BUILDING OR STRUCTURE. A building, structure or portion thereof, which was lawful prior to the adoption of this chapter, or amendments thereto, that does not conform to the provisions of this chapter, nor to the use regulations of the district in which it is located.
NON-CONFORMING LOT. A lot the area dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails, by reason of such adoption, revisions or amendment, to conform to current requirements of this chapter.
NON-CONFORMING SIGN. A sign which was lawful prior to the adoption, revision, or amendment of this chapter, which renders the sign non-conforming, because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NON-CONFORMING USE. A use which occupied a building or land which was lawful prior to the adoption of this chapter, or amendments thereto, that does not conform to the use regulations of the district in which it is located.
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, such as, but not limited to: noise; dust; smoke; odor; glare; fumes; flashes; vibration; shock waves; heat electronic or atomic radiation; objectionable effluent; noise or congregation of people; and animals particularly at night; passenger traffic; invasion of non-abutting street frontage by traffic; a burned-out structure; a condemned structure; and is further defined in Ch. 94 of this code of ordinances.
NURSERY, PLANT MATERIALS. Any lot or structure used for the growing, harvesting, processing, storing and/or selling of plants, shrubs, trees and flowers, including products used for gardening and landscaping, but not including fruit, vegetable and Christmas tree sales.
NURSERY SCHOOL. A daytime facility which has as its main objective a development program for preschool children and whose staff meets the educational requirements established by the state.
NURSING OR CONVALESCENT HOME. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals and nursing care for hire.
OCCUPIED. Includes the meaning of intent, design or arranged for occupancy.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives or aisles for maneuvering so as to provide access for entrance and exit for the parking of automobiles.
OPEN STORAGE. The storage of any materials or objects outside the confines of a building, including trailers or vehicles used for storage.
OUTDOOR CAFÉ. An area set up adjacent to a restaurant or private club for the purpose of selling or service of food and/or drink.
PARKING SPACE. An area of definite length and width. Such area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the parking of permitted vehicles.
PERSONAL SERVICE. Establishments primarily engaged in providing services involving the care of a person or his or her apparel.
PLANNING COMMISSION. The Planning Commission of the city.
PRELIMINARY PLAN. A preliminary site plan indicating the proposed layout of a subdivision, or planned development, which is submitted to the proper review authority for consideration and preliminary approval.
PRINCIPAL BUILDING. A building in which is conducted the principal use allowed on the premises or lot in the district in which it is situated.
PRINCIPAL USE. The primary or predominate use of the premises or lot.
PROFESSIONAL SERVICES. Services offered to the general public by the traditional professions, such as law, medicine, engineering, accounting, architecture and landscape architecture.
PUBLIC ART. Works of art in any media that have been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outside and accessible to all.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water. PUBLIC UTILITY shall not include wireless communications or towers.
QUASI-PUBLIC AGENCY. A service owned and operated by a non-profit, religious or missionary institution and providing educational cultural, recreational or similar types of public programs.
REASONABLE ACCOMMODATION USE. Housing accommodation for handicapped persons in residential districts.
RECREATIONAL EQUIPMENT. Includes travel trailers, pickup campers, motor homes, tent trailers, tents, boats and boat trailers and similar equipment and cases or boxes used for transporting recreational equipment whether occupied by the equipment or not and as further defined in this code of ordinances.
RECREATIONAL VEHICLE. A vehicle primarily designed and used as temporary living quarters for recreational camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.
RESIDENTIAL, RESIDENTIAL USE or RESIDENTIAL DISTRICT. The use of land parcels for human habitation under the terms of this chapter. RESIDENTIAL shall not be construed or interpreted to mean the storage, sale (wholesale or retail), trade, transfer, fabrication, production, manufacture or development of goods and services.
RESIDENTIAL BOUTIQUE. A residential dwelling permitted to be occupied for business use without occupancy for residential purposes in designated areas of the city.
RESTAURANT. A place where food and drink is prepared and served.
RESTAURANT, FAST FOOD. Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with the consumption off the premises, and whose design or principal method of operation includes one or both of the following:
(a) Food, frozen desserts or beverages usually served in edible containers or in paper, plastic or other disposable containers; and/or
(b) More than 45% of the available floor space is devoted to food preparation, related activities and other floor space not available to the public.
RESTAURANT, FULL SERVICE. An establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption on the premises and whose design or principal method of operation includes the following:
(a) Customers are 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 the items are consumed within the restaurant building; or
(b) Caféteria-type operation where foods, frozen desserts or beverages are consumed within the restaurant building.
RIDGE LINE. The intersection of roof surfaces forming the highest horizontal line of the roof.
ROOF. The top outside covering of a building.
SALVAGE YARD, JUNKYARD. A place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packaged, disassembled, cleaned or handled including house and vehicle wrecking yards, used lumber yards and places or yards for use of salvaged house and vehicle parts, and structural steel materials and equipment. SALVAGE YARD or JUNKYARD shall not include uses conducted entirely within a completely-enclosed building; pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment; and the processing of used, discarded or salvaged materials as part of manufacturing operations.
SATELLITE DISH ANTENNAS. A satellite dish antennas is any apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
SEASONAL RECREATION UNIT. A cottage, boat, kiosk or similar structure which may be used during one or more seasons of the year but not occupied as a year-round dwelling unit and not serving as a permanent place of residence.
SETBACK. The distance required to obtain front, side or rear yard open space provisions of this chapter.
SINGLE HOUSEKEEPING UNIT. An arrangement whereby all of the associated rooms in a dwelling unit available to and occupied by all of the occupants with a single set of cooking facilities also available to and utilized by all of the occupants of the dwelling unit.
SITE CONDOMINIUM (CONDOMINIUM SUBDIVISION). A method of subdivision where land ownership of sites is regulated by the Condominium Act (Public Act 59 of 1978, as amended, being M.C.L.A. § 559.101) as opposed to the Subdivision Control Act of 1967 (M.C.L.A. § 560.101). CONDOMINIUM SUBDIVISION shall be equivalent to the term SUBDIVISION, as used in this chapter.
SITE PLAN. The development plan for one or more lots, on which is shown the existing and proposed conditions of the lot under the terms of § 190.377 of this chapter.
SKETCH PLAN. A map of a subdivision or site plan, of sufficient accuracy to be used for the purpose of discussion and classification.
STATE LICENSED RESIDENTIAL FACILITY. A structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Licensing Act, Public Act 218 of 1979 or Public Act 116 of 1973, and provides residential services for six or fewer persons under 24-hour supervision or care.
SPOT ZONING. Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the objectives of the city’s Master Plan.
STORY. The part of a building (except a mezzanine as defined herein) included between the surface of one floor and the surface of the next floor or, if there is no floor, then the ceiling next above.
STORY, HALF. An uppermost story lying under a sloping roof, the floor area of which at a height of four feet above the floor does not exceed one-half of the floor area in the story directly below, and the ceiling height above at least 200 square feet of floor-space is seven feet six inches.
STREET. A public thoroughfare which affords the principal means of access to abutting properties.
STRUCTURE. Any thing constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, except driveways and pavement.
TEMPORARY BUILDING OR USE. A structure or use permitted by the Board of Appeals to exist during periods of construction of the main building or use or for special events.
THOROUGHFARES.
(a) MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume trafficway for both the immediate city area and the region beyond, and may be designated as a major thoroughfare, parkway, freeway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan. For purposes of this chapter, MAJOR THOROUGHFARES shall be considered to be:
1. Streets of 120 feet right-of-way or more;
2. High volume traffic arteries serving local and through traffic; and
3. Including the following streets: Fort Street; Biddle Avenue; Pennsylvania Avenue; Eureka Avenue; Ford Avenue; and Oak Street.
(b) SECONDARY THOROUGHFARE. An arterial street which is intended to serve as a trafficway serving primarily the immediate city area and serving to connect with major thoroughfares.
TRANSITION. For the purposes of this chapter, one or more of the following:
(a) A zoning district which may serve as a district of transition (i.e., a buffer zone between various land use districts or land use types);
(b) A residential rear or side yard, lot or land parcel arrangement abutting a land use of more intense development character; and/or
(c) A device such as an earth berm, wall, screening fence, heavy shrub and tree planting or a combination of such devices providing a buffer between land use types.
USE. The purpose for which land or a building is designed, arranged or intended to be used, for which land or a building is or may be occupied.
USE, ACCESSORY. A use subordinate to the main use of a lot, and used for purposes clearly incidental to those of the main use.
USE, MAIN. The principal use to which the premises are devoted and the principal purpose for which the premises exist.
USED CAR LOT. A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven off the lot. A USED CAR LOT shall not be used for the storage of wrecked automobiles, the dismantling of automobiles, the repair of automobiles or the storage of automobile parts.
WALL. A completely obscuring masonry structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.
WHOLESALE TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies.
WIND ENERGY SYSTEM. A wind conversion system which converts wind energy into electricity through use of a wind turbine generator and includes the turbine, blades and tower as well as related electrical equipment.
WIRELESS COMMUNICATION FACILITIES. Structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. WIRELESS COMMUNICATION FACILITIES include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings and private and commercial mobile radio services facilities. WIRELESS COMMUNICATION FACILITIES do not include citizen band radio facilities, short wave reviewing facilities, radio and television broadcast reception facilities, federally licensed amateur (ham) radio facilities, satellite dishes or governmental facilities that are subject to state or federal law or regulations which pre-empt municipal regulatory authority.
YARDS. The open space on the same lot with a main building or main use, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter and as defined in this section.
(a) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
(b) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
(c) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.
(Prior Code, App. A, § 201) (Ord. 1277, passed 4-2-2007; Ord. 1320, passed 1-25-2010; Ord. 1373, passed 10-8-2012; Ord. 1381, passed 3-11-2013; Ord. 1467, passed 11-12-2018; Ord. 1498, passed 9-28-2020)