§ 46-4. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or accessory means a use which is clearly incidental to, customarily found in connection with, and, except in the case of accessory off-street parking spaces or loading, located on the same zoning lot as the principal use to which it is related. When accessory is used in this text, it shall have the same meaning as accessory use.

Alley means any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration means 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 herein as altered or reconstructed.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, excluding radar signals, wireless telecommunications signals or other communications signals.

Apartments means dwelling units intended for longterm rental to one family as defined in this chapter.

Assisted living means a dwelling unit where the furnishing of medical care, nursing, housekeeping, personal care and/or meals is available to the occupants.

Auto repair station means a place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles.

Backhaul network means the lines that connect providers towers, cell sites and antennas to one or more cellular telephone switching offices, and/or long distance providers, or the public telephone network.

Basement means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Bed and breakfast means a single-family dwelling unit in which the innkeeper resides and has up to eight rooms available for rent to transient tenants, for fewer than 30 days. The term "bed and breakfast" is also known as a "tourist home."

Block means the property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

Building means any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs.

Building line means a line formed by the face of the building and for the purposes of this chapter, a minimum building line is the same as a front setback line.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.

Combination group/family shelter shall mean a homeless shelter that shelters some combination of a family or group of unrelated persons of differing genders under one roof and with centralized management.

Commercial wireless telecommunication services (CWTS) means licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhances specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

Condominium means a form of ownership of real property in accordance with Public Act No. 59 of 1978 (MCL 559.101 et seq.), including site condominiums.

Convalescent or nursing home means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.

Crematorium means an enclosed facility wherein human remains are cremated in a cremation retort.

Development means the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

District means a portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Dormitory means a group of three or more rooming units owned by an institution used for temporary housing.

Drive-in means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, and shall include such titles as walk-in, takeout, drive-by, drive-through or similar names.

Dwelling, multiple-family, means a building, or portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

Dwelling, one-family, means a building designed exclusively for and occupied exclusively by one family.

Dwelling, two-family, means a building designed exclusively for occupancy by two families living independently of each other.

Dwelling unit means a building, or portion thereof, designed for nontransient occupancy by one family for residential purposes, having permanent living, sleeping, eating, cooking and sanitation.

Erected means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of overhead, surface or underground gas, electrical, steam, or water distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public or municipal department or commission for the public health, safety and general welfare. The term "essential services" does not include commercial telecommunication equipment or cell towers.

Excavation means any breaking of ground, except common household gardening and ground care.

Family means a single individual or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a permanent relationship based upon birth, marriage or other domestic bonds. The term "family" shall not include a group occupying a boardinghouse or lodginghouse, clubs or other associations of a temporary, transient or seasonal character.

Family shelter shall mean a single family dwelling that shelters a family who are persons related by blood, marriage or adoption, or no more than four individuals occupying a dwelling unit who are committed to living together as a single housekeeping unit, in harmony with the surrounding neighborhood, responsible for maintaining a common household.

Fence/wall mean any artificial barrier, partition or structure erected as a dividing structure between adjoining lots either wholly or in part. An exception to the terms "fence/wall" are "privacy screens," as defined in this section.

Floor area, gross, means, for the purposes of computing parking, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

Floor area, residential , means, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

Funeral home (mortuary) means a building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial, (b) the performance of autopsies and other surgical procedures, (c) the storage of caskets, funeral urns and other related funeral supplies, and (d) the storage of funeral vehicles.

Garage, private, means an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory.

Garage, service, means any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

Gasoline service station means a place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

Grade means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

Group shelter shall mean a type of homeless shelter that shelters multiple people of the same gender who are unrelated. In a women's shelter, this could also include a single mother with children. Group shelters are supervised at all hours that the residents are present.

Habitable room shall mean any room that meets adopted building code requirements for a habitable room, including minimum room proportions, minimum egress requirements, and minimum standards for lighting, ventilation, electricity, and public safety requirements.

Home occupation means an accessory business use of a dwelling unit, for gainful employment, which is clearly incidental to the residential use, conducted entirely within the dwelling unit, and carried on only by persons who reside within the dwelling unit.

Homeless person shall mean an individual who, or family which, lacks a fixed, regular and/or adequate nighttime residence.

Homeless shelter shall mean emergency housing with minimal supportive services for homeless persons that is intended for occupancy of three months or less in a given year by a homeless person.

Hotel means a building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial, or desk service, and bellboy service. The term "hotel" may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

Junkyard means 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, paper, rags, rubber tires, and bottles. The term "junkyard" includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

Kennel, commercial, means any lot or premises on which three or more dogs, cats or other household pets over six months of age are either permanently or temporarily boarded. The term "kennel" shall also include any lot or premises where such household pets are bred or sold.

Loading space means an off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Lodge means a structure used by a fraternal or nonprofit organization for the temporary use of its members, and containing sleeping and common dining facilities.

Lot means 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. The term "lot" may or may not be specifically designated as such on public records.

Lot area means the total horizontal area within the lot lines of the lot.

Lot, corner, means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street 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 coverage means the part or percent of the lot occupied by a building including accessory buildings.

Lot depth means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

Lot, interior, means any lot other than a corner lot.

Lot lines means the lines bounding a lot as defined herein:

(1)

Front lot line means in the case of an interior lot, that line separating said lot from the street. In the case of a through lot, is that line separating said lot from either street.

(2)

Rear lot line means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.

(3)

Side lot line means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

Lot of record means a parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or in common use by municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot, through means an interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

Lot width means the horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.

Lot, zoning, means a single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit. The term "zoning lot" shall satisfy this chapter with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. The term "zoning lot," therefore, may not coincide with a lot of record as filed with the county register of deeds, but may include one or more lots of record.

Main building means a building in which is conducted the principal use of the lot upon which it is situated.

Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term on the major thoroughfare plan to identify those streets comprising the basic structure of the major thoroughfare plan.

Master plan means the comprehensive community plan, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of such plan, and any amendment of such plan or parts thereof. Such plan may or may not be adopted by the planning commission and/or the legislative body.

Mezzanine means an intermediate floor in any story occupying not to exceed one-third of the floor area of such story.

Mobile home means a structure, transportable in one or more sections, which is on a chassis and designed to be used as a dwelling with or without a permanent foundation, and includes the plumbing, heating, air conditioning and electrical system contained within the structure. The term "mobile home" does not include any recreational type vehicles. Mobile homes for occupancy purposes cannot be less than 12-feet wide and must contain 600 square feet or more.

Mobile home park or trailer court means any plot of ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes are located.

Motel means a series (three or more) of attached, semidetached or detached rooming units. Units shall provide for overnight transient lodging and shall cater primarily to the public traveling by motor vehicle.

Nonconforming building means a building or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and that does not conform to the provisions of the chapter in the district in which it is located.

Nonconforming use means a use which lawfully occupied a building or land at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

Nuisance factors means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to:

(1)

Noise;

(2)

Dust;

(3)

Smoke;

(4)

Odor;

(5)

Glare;

(6)

Fumes;

(7)

Flashes;

(8)

Vibration;

(9)

Shock waves;

(10)

Heat;

(11)

Electronic or atomic radiation;

(12)

Objectionable effluent;

(13)

Noise of congregation of people, particularly at night.

Nursery, plant materials, means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The term "nursery" within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

Off-street parking lot means a facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.

Open front store means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "open front store" shall not include automobile repair stations or automobile service stations.

Parking spaces means an area of definite length and width, said areas shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

Pet crematorium means a dedicated area within a building approved for animal cremation service or an accessory building of an approved animal cremation service wherein animal remains are cremated in a cremation retort.

Principal use means the main use to which the premises are devoted and the principal purpose for which the premises exist.

Privacy screens means an accessory structure surrounding, in whole or part, a rear or side yard deck, patio or porch, with said deck, patio or porch being affixed or adjacent to the dwelling or other principal use. The walls of a privacy screen must either be attached directly to the deck, patio or porch or located within one foot from said deck, patio or porch. For purposes of this Code, the term "privacy screen" shall be considered as attached to the dwelling unit or other principal use.

Public utility means a person, firm or 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.

Recreational vehicle means and includes any of the following:

(1)

Camping trailer or folding tent trailer means a vehicular portable structure mounted on wheels and constructed with collapsible partial side walls of fabric, plastic or other pliable material which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or only travel use.

(2)

Motor home or motorized home means a vehicular portable structure built on a self-propelled motor vehicle chassis, primarily designed to provide only temporary living quarters for recreation, camping or travel use.

(3)

Small mobile home means primarily designed and used as temporary living quarters for recreational, camping or travel purposes.

(4)

Travel, dependent, means a travel trailer which is dependent upon a service building for toilet and lavatory facilities, as well as electrical power.

(5)

Travel trailer means a vehicular portable structure, mounted on wheels of such size or weight not to require special highway movement permits when drawn by a stock passenger automobile, primarily designed and constructed to provide only temporary living quarters or recreational, camping or travel use.

(6)

Truck camper means a portable structure, designed to be loaded onto, or affixed to the bed or chassis of a truck, constructed to provide only temporary living quarters for recreation, camping or travel use.

Room means, for the purpose of determining lot area requirements and density in a multiple-family district, a living room, dining room or bedroom, equal to at least 80 square feet in area. The term "room" shall not include the area in kitchens, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing 1-, 2-, or 3-bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purposes of computing density.

Rooming unit means any room or group of rooms with provisions for sleeping.

Roominghouse means any dwelling unit, or part of any dwelling containing one or more rooming units, in which space is let by the owner to three or more persons not in immediate family. When rooms are let to less than three persons, the dwelling must comply with the requirements of a single-family dwelling unit unless otherwise required in this Code. The term "roominghouse" shall not include a bed and breakfast, hotel, motel or other transient uses less than 30 days.

Satellite apartment means a dwelling unit located on the same property as the owner's residence. The term "satellite apartment" is also known as an echo apartment.

Setback means the distance required to obtain the minimum front, side or rear yard open space provisions of this chapter.

Sidewalk café means a street level portion of a restaurant, of any type, located within the sidewalk area of the public right-of-way, which is normally adjacent to a street and functions as an extension of the principal use of the private property of the restaurant. A sidewalk café is open to the sky, except that it may have table awnings or umbrellas, and shall be used for dining, drinking (including alcoholic beverages in certain circumstances) and circulation therein. A sidewalk café may provide either wait staff service or self-service.

Secondly, in the interest of promoting a vibrant and active downtown business district, sidewalk cafés are allowed when the proper annual, revocable permit has been issued by the city manager, or his or her designee, as a principal use in the B-2 central business district as set forth in section 46-395, principal Uses permitted.

Sign means the use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known, such as are used to show an individual, firm, profession, or business, and are visible to the general public.

Sign, accessory, means a sign which is accessory to the principal use of the premises.

Sign, nonaccessory, means a sign which is not accessory to the principal use of the premises.

Story means that 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 above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50 percent, by cubic content, is below the height level of the adjoining ground.

Story, half, means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between the floor and the ceiling.

Street means a public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.

Structure means anything constructed or erected, the use of which required a permanent location on the ground or attachment to something having a permanent location on the ground. Exceptions to the term "structure" as used in this chapter are as follows:

(1)

Structures not greater than nine inches above the average finished grade, nor more than six feet below grade, such as, but not limited to driveways, patios and decks.

(2)

Structures with a cross sectional area at grade less than 16 square feet, and with a projected silhouette in any plane less than 50 square feet, such as, but not limited to well house covers, flagpoles, and monuments.

Temporary use or building means a use or building permitted by the board of appeals to exist during periods of construction of the main building or use, or for special events for a period of time as specified by the board of appeals.

Tourist cabin means a maximum of two detached buildings which are maintained, offered or used as dwellings or sleeping quarters for transients. More than two tourist cabins on the same property will be considered a motel.

Tourist home. See Bed and breakfast.

Towers means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term "towers" includes radio and television transmission towers, alternative tower structures and the like. The term "towers" includes the structure and any support thereto. This chapter shall not govern any tower or the installation of any antenna that is under 40 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

Transient resident means one who temporarily resides for generally less than 30 days or seasonally for less than three months during any 12-month period.

Use means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

Wall. See Fence/wall.

Yards means the open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein:

(1)

Front yard means an open space extending the full width of the lot, the depth if which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

(2)

Rear yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

(3)

Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

Zoning exception and zoning variance mean the following:

(1)

Zoning exception is a use permitted only after review and recommendation of an application by the planning commission and approved by the legislative body. Such review being necessary because the provisions of this chapter covering conditions precedent or subsequent are not precise enough to all applications without interpretation, and such review and exception is provided for by this chapter.

(2)

Zoning variance is a modification of the literal provisions of the physical development standards of this chapter granted when strict enforcement of the zoning chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are undue hardships and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.

(3)

The land uses considered under the exception provisions of this chapter could not be conveniently allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time. In general, the characteristics of these uses include one or more of the following:

a.

They are not specified within a given zone district.

b.

They require large areas.

c.

They are infrequent.

d.

They sometimes create an unusual amount of traffic.

e.

They are sometimes obnoxious or hazardous.

f.

They are required for public safety and convenience.

(Prior Code, §§ 5.6—5.12; Ord. No. 80-004, 12-1-1980; Ord. No. 80-006, 12-1-1980; Ord. No. 88-06, 6-6-1988; Ord. No. 89-01, 1-9-1989; Ord. No. 89-20, 11-6-1989; Ord. No. 90-28, 12-3-1990; Ord. No. 95-16, 7-17-1995; Ord. No. 98-01, 3-2-1998; Ord. No. 98-23, 11-16-1998; Ord. No. 2005-13, 8-15-2005; Ord. No. 2009-01, § 1, 3-2-2009; Ord. No. 2016-13, § 1, 12-19-2016; Ord. No. 2017-05, § 1, 4-17-2017; Ord. No. 2018-14, § 1, 12-17-2018)