The following rules shall apply to the text and language of this chapter:

(1)

The particular shall control the general.

(2)

In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.

(3)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(4)

Words used in the present tense shall include the future, words used in the singular number shall include the plural, and words used in the plural shall include the singular, unless the context clearly indicates the contrary.

(5)

The word "building" includes the word "structure."

(6)

The word "building" or "structure" includes any part thereof.

(7)

The word "person" includes a corporation as well as an individual.

(8)

The word "used" or "occupied" as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

(9)

Any word or term not defined herein shall be used with a meaning of common or standard utilization.

(Ord. No. 691, § 1(32-11), 5-4-2005)

For the purpose of this chapter, the following terms and words are defined as follows:

Accessory building. A supplementary building or structure on the same lot or parcel of land as the principal building or buildings or part of the principal building occupied by or devoted exclusively to any accessory use.

Accessory use. A use normally and naturally incidental to, subordinate to, and devoted exclusively to the principal use of the land or buildings.

Adult foster care facility. A state-licensed 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 handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation centers, 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 Adult Foster Care Facility Licensing Act, MCL 400.701 et seq., as amended. The following additional definitions shall apply in the application of this chapter:

(1)

Adult foster care small group home. An owner-occupied facility with the approved capacity to receive 12 or fewer adults who are provided supervision, personal care, and protection, in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

(2)

Adult foster care large group home. A facility with approved capacity to receive at least 13 but not more than 20 adults who are provided supervision, personal care, and protection, in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

(3)

Adult foster care family home. A private residence with the approved capacity to receive six or fewer adults who are provided supervision, personal care, and protection, in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

(4)

Adult foster care congregate facility. An adult foster care facility with the approved capacity to receive more than 20 adults who are provided supervision, personal care, and protection, in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.

Adult regulated use. This term includes all of the following, each of which is regulated in section 60-75.

(1)

Adult book or supply store. An establishment having 20 percent or more of its stock-in-trade or its sales devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(2)

Adult motion picture theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

(3)

Adult motion picture theater, adult live stage performing theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

(4)

Adult cabaret. An establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, or topless and/or bottomless waitpersons or employees, or any other form of nude or partially nude service or entertainment.

(5)

Body-piercing. Body-piercing means the perforation of human tissue other than an ear for a nonmedical purpose.

(6)

Body-piercing establishment. An establishment where the perforation of human tissue other than an ear for a nonmedical purpose is performed, whether or not it is in exchange for compensation or any form of consideration.

(7)

Brand or branding. The creation of a permanent mark made on human tissue by burning with a hot iron or other instrument.

(8)

Specified anatomical areas. Specified anatomical areas means and includes any one or more of the following:

a.

Less than completely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or

b.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(9)

Specified sexual activities. Specified sexual activities means and includes any one or more of the following:

a.

The fondling or erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

b.

Human sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, and sodomy;

c.

Human masturbation, actual or simulated;

d.

Human excretory functions as part of, or as related to, any one of the activities described above, and

e.

Physical violence, bondage, mutilation, or rape, actual or simulated, as part of, or as related to, any of the activities described above.

(10)

Tattoo parlor. An establishment where persons are tattooed for consideration, other than by a licensed medical practitioner or cosmetologist; or any place where tattooing is regularly conducted whether or not it is in exchange for compensation.

(11)

Tattoo, tattooed, tattooing. Any method of placing permanent designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance by the aide of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.

Agriculture. The use of land for tilling of the soil, the raising of tree and field crops, or animal husbandry as a source of income.

Alley. A public thoroughfare which affords only a secondary means of access to abutting properties and not intended for general traffic circulation.

Altered. Any change in location or use of a building, or any change in the supporting members of a building such as bearing walls, columns, beams, joists, girders, and similar components, or any substantial change in the roof or exterior walls, or any change in the type of occupancy. The word "altered" also includes the words "reconstructed" and "alteration."

Animal hospital. A self-enclosed building wherein animals, including domestic household pets and farm animals, are given medical or surgical treatment and use as a boarding place for such animals limited to short-time boarding incidental to hospital use. Such hospitals include only those under direction of a licensed veterinarian registered in the state. Such animal hospitals shall be constructed in such a manner that noise and odor are not discernible beyond the property upon which it is located.

Animal shelter. A building supported by a governmental unit or agency or by a nonprofit corporation where domestic pets or other animals are kept because of requirements of public health officials, loss by owner, neglect, or violation of a public law or ordinance.

Antique shop. A place offering primarily antiques for sale. An antique, for the purpose of this chapter, shall be a work of art, piece of furniture, decorative object, or the like, or of belonging to the past, at least 30 years old. Antique shop does not include "secondhand store."

Apartments. The dwelling units in a multiple dwelling as defined herein:

(1)

Efficiency unit. A dwelling unit consisting of not more than one room, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a one-room unit.

(2)

One-bedroom unit. A dwelling unit consisting of not more than two rooms, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a two-room unit.

(3)

Two-bedroom unit. A dwelling unit consisting of not more than three rooms, in addition to kitchen, dining and necessary sanitary facilities, and for the purpose of computing density, shall be considered as a three-room unit.

(4)

Three- or more bedroom unit. A dwelling unit wherein for each room in addition to the three rooms permitted in a two-bedroom unit, and for the purpose of computing density, such three-bedroom unit shall be considered a four-room unit, and each increase in a bedroom over three shall be an increase in the room count by one over the four.

Appeal. An entreaty or demand for a hearing and/or review of facts and/or actions.

Arcade. A business establishment whose principal function is the offering for public use of any form of game machine, instrument or apparatus operated by coin, token or similar medium, but not including automatic machines for vending food, soft drinks or tobacco.

Architectural features. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Area, net. The total area within the property lines of a project, excluding external streets.

Area, building. The total area taken on a horizontal plane at the main grade level of the principal buildings and accessory buildings, including uncovered porches, terraces, and steps.

Artisan shall mean a skilled manual worker who crafts items including, but not limited to, food, clothing, jewelry, household items, pottery, sculptures, and tools.

Artisan manufacturing shall mean the on-site production or assembly of handmade items by an artisan or a group of artisans and that is conducted within an artisan studio.

Artisan studio shall mean a building or portion thereof used for the purpose of the manufacturing, display, and sale of individually crafted and made items.

Attached cellular communications facilities. Cellular communication facilities (personal wireless services) that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A cellular communication support structure proposed to be newly established shall not be included within this definition.

Authorized factory representative shall mean an individual with technical training of a WECS who has received factory installation instructions and is certified in writing by the manufacturer of the WECS.

Automobile car wash. A building or portion thereof where self-propelled motor vehicles are washed as a commercial enterprise.

Automobile convenience mart. A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises or in combination with the retailing of items typically found in a convenience market, carry-out restaurant or supermarket.

Automobile dealer. A building or premises used primarily for the sale of new or used automobiles not including farm equipment and recreational vehicles.

Automobile repair. A place where, with or without 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 vehicle rustproofing.

Automobile service station. A building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the storage, minor repair, or servicing, but not including bumping, painting, refinishing, major repair and overhauling, steam cleaning, rustproofing, where the primary use of the premises is such, or high-speed washing thereof.

Automobile storage. Any storage of inoperable vehicles intended to be repaired back to operable condition, but not including such vehicles which are incidental or accessory to an automotive repair garage or a licensed salvage yard used as a depository for such vehicles.

Basement. A space having not more than half of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes (see figure 1).

Figure 1

Bed and breakfast. A use in which transient guests are provided a sleeping room and/or board in return for payment.

Bedroom. A bedroom is a dwelling room used for or intended to be used solely for sleeping purposes, by human beings.

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

Boardinghouse. A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodgings and meals are provided for three or more persons, but not exceeding 20 persons.

Building. Any structure other than a boundary wall or fence, and includes the word "structure."

Building area. The buildable area of a lot is the space remaining after the minimum setbacks and open space requirements of this chapter have been complied with.

Building bulk. The volume of a structure in cubic feet as determined by the dimensions taken from the outer surfaces of the exterior of the structure.

Building height. The building height is the vertical distance measured from the established grade reference level to the highest point of the roof surface if a flat roof, to the deck of mansard roofs, and to the mean height level between eaves and ridge for gables, hip and gambrel roofs. Where the building may be situated on sloping terrain, this height may be measured from the average ground level of the grade at the building wall (see figure 2).

Figure 2

Building permit. Written authority issued by the building inspector in conformity with the provisions of the construction code.

Building, principal. A building in which is conducted the principal use of the lot on which it is situated.

Building setback line. The line formed by the outer surface of a structure or enclosure wall at or with the finished grade or surface of the ground, pertaining to and defining those minimum (building) setback lines which are established, in general, parallel to the front street or right-of-way, and within which setback area no part of a building shall project or be located, except as otherwise provided for by this chapter.

Campground. The temporary short-term resort or recreational uses and activities which take place on a lot or parcel of land in accordance with Public Act No. 368 of 1978, part 125 (MCL 333.12501 et seq.), and the administrative rules promulgated under such Act as administered by the county, district or state public health departments.

Church. A building wherein persons assemble regularly for religious worship and that is maintained and operated by an organized religious body. Churches include temples or synagogues.

Clinic, human. A building or group of buildings where human patients are admitted for examination and treatment by more than one professional, such as a physician, dentist, or the like, except that such human patients are not lodged therein overnight.

Club or lodge. An organization of persons for special purposes or for the promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for profit, and open only to members and not the general public.

Commercial uses. A use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise, or services, and the maintenance or operation of offices.

Commercial WECS shall mean any WECS that is designed and built to primarily provide electricity to the electric utility's power grid as an ongoing commercial enterprise and/or for profit.

Common areas, uses and services. Land areas, improvements, facilities and utilities, the use, enjoyment and maintenance of which are intended to be shared by the owners and occupants of individual building units in a subdivision or a planned unit development.

Communications tower. For purposes herein, the term "communications tower" shall mean and include radio, telephone, cellular telephone, monopole attached directly to the ground or to another structure, used for the transmission or reception of radio, telephone, television, microwave, digital or any other form of telecommunication signal.

Condominium. A building or lot governed under Public Act No. 59 of 1978 (MCL 559.101 et seq.), as amended. The following condominium terms shall apply in the application of this chapter:

(1)

Condominium documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws that affects the rights and obligations of a co-owner in the condominium.

(2)

Condominium lot. The condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended.

(3)

Condominium unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.

(4)

General common elements. A portion of the comment elements reserved in the master deed for the use of all of the co-owners.

(5)

Limited common elements. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

(6)

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 (MCL 559.108).

(7)

Site condominium. A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which the condominium development is located, in which each co-owner owns the exclusive right to a volume of space within which each co-owner may construct a structure or structures.

Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. Said home shall conform to and qualify for license under applicable state laws.

Convenience grocery store. A one-story retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase a relatively few items (in contrast to a "supermarket"). Convenience grocery stores are designed to attract a large volume of stop-and-go traffic.

Coverage. That percentage of the plot or lot area covered by the building area.

Day care facilities. Includes the following definitions as defined and regulated by Public Act No. 116 of 1973 (MCL 722.111 et seq.), as amended:

(1)

Family day care home. A state-licensed, owner-occupied private residence in which one but not more than six minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting 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 in a calendar year.

(2)

Group day care home. A state-licensed, owner-occupied private residence in which seven but not more than 12 minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting 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 in a calendar year.

(3)

Child care center. A state-licensed facility, other than a private residence, receiving one or more minor children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.

Development. The modification of a parcel, alteration of terrain, construction of structures or modifications of existing structures.

District. A portion of the city within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.

Donation box. Any enclosed receptacle or container, located outside of a building, designed and intended for the donation and temporary storage of clothing or other materials.

Dormitory. A building or portion thereof used for housing purposes under the administrative supervision of a school, college, or other institution.

Drive-in establishment. Any establishment that offers goods and/or services over the counter or in motor vehicles.

Dwelling. A building designed and built in accordance with the state construction code and used exclusively as the living quarters for one or more families but not including automobile chassis, tents, or portable buildings, or mobile homes outside of a mobile home park.

Dwelling, multiple-family. A building used for and designed as a residence for three or more families living independently of each other and each having their own cooking facilities therein, including apartment houses, townhouses, and apartment hotels, but not including mobile homes.

Dwelling, one-family. A detached building designed for or occupied exclusively by one family; also known as a single-family dwelling.

Dwelling, two-family or duplex. A detached building designed for or occupied exclusively by two families living independently of each other; also known as a duplex dwelling.

Dwelling unit. A dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one family, either permanently or transiently, but in no case shall a travel trailer, motor home, mobile home, trailer coach, automobile chassis, tent or other portable building be considered a dwelling in single-, multiple-, or two-family residential areas. In cases of mixed occupancy where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

Enforcing officer. The city manager of the city or his duly authorized representative, nominated by the city manager and appointed by the city commission.

Essential services. The erection, construction, alternation, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, police call boxes, towers, pools, and other similar equipment or accessories reasonably in connection therewith (not including buildings) for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential services. An essential service shall not include cellular telephone facilities including cellular telephone transmitting towers.

Facility abandonment shall mean a facility which is out of production for a period of time not less than one year.

Fairgrounds. An area of land use including, but not limited to, agricultural related office buildings, animal shows and judging, carnivals, circuses, community meeting or recreation buildings and uses, food booths and stands, games, rides, rodeos, sales and auctions, storage, theaters.

Family. A family shall be defined by one of the following:

(1)

One or more persons related by blood, marriage, adoption, or guardianship, plus not more than two, persons not so related, who are either domestic employees, caregivers, such as a nurse, nanny, or physical therapist, or persons who occupy rooms for which compensation may or may not be paid, living together as a single housekeeping unit.

(2)

Two persons and their children by natural birth or adoption, plus not more than two persons not so related who are either domestic employees, care givers, such as a nurse, nanny or physical therapist, or persons who occupy rooms for which compensation may or may not be paid.

(3)

A functional family living together as a single housekeeping unit.

Farm. Any parcel of land containing at least ten acres that is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used. It excludes the raising of furbearing animals, riding academies, livery or boarding stable, and dog kennels.

Fence. A permanent partition, structure or gate erected as a dividing marker, barrier or enclosure, and not a part of a principal building or structure or other accessory structure.

Floodplain. That portion of land adjacent to or connected to a water body or watercourse which is subject to periodic inundation in accordance with the 100-year flood cycle as determined by the U.S. Army Corps of Engineers or other applicable federal agency.

Floor area, gross (GFA). The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The gross floor area of a building shall include the basement floor area when more than half of the basement height is above the established curb level or finished lot grade, whichever is higher. Any space devoted to off-street parking or loading shall not be included in gross floor area. Areas of dwelling basements, unfinished attics, utility rooms, breezeways, porches (enclosed or unenclosed) or attached garages are not included.

Floor area, usable (UFA). The measurement of usable floor area shall be that portion of floor area (measured from the interior face of the exterior walls) used for or intended to be used for services to the public as customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used principally for storage of merchandise utility or mechanical equipment rooms or sanitary facilities. In the case of a half-story area, the usable floor area shall be considered to be only that portion having a clear height above it of four feet or more.

Front yard. A required front yard is an open space extending the full width of a lot and of a uniform depth (setback) measured horizontally at right angles to the front lot line and unoccupied from the ground upward except as hereinafter specified. This distance is 30 feet in R-1 Single Family Residential and R-3 Multifamily Residential Districts. This distance is 25 feet in R-1a Single Family Residential and R-2 Two Family Residential Districts. Hard surfaced areas parallel to the drive approach and not exceeding the width of the drive approach shall be excluded from this definition of front yard.

Frontage, street. The legal line which separates a dedicated street right-of-way or easement from abutting land.

Functional family. A group of no more than four persons, plus their children, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. A functional family shall not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals exceeding four persons in number where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

Garage, private. An accessory building intended or designed to be used for storage of noncommercial motor vehicles.

Grade. The surface of lawns, walks, and roads brought to grade as shown on official plans or designs relating thereto (see figure 3).

Figure 3

Grower means a licensee that is a commercial entity that cultivates, dries, trims, or cures and packages marihuana for sale to a processor, provisioning center, or marihuana retailer.

Highway. Any public thoroughfare dedicated and maintained for the use and operation of vehicular traffic by the state department of transportation.

Highway, local arterial. Those highways approved as such by the state department of transportation according to the Michigan Highway Law, Public Act No. 51 of 1951 (MCL 247.651 et seq.), as amended.

Highway, major arterial. Those highways approved as such by the state department of transportation according to the Michigan Highway Law, Public Act No. 51 of 1951 (MCL 247.651 et seq.), as amended.

Historical building, site or area. Those parcels and/or uses of land and/or structures whose basic purpose is to:

(1)

Safeguard the heritage of the city by preserving or allowing a structure or use which reflects elements of the community's cultural, social, economic, political, or architectural history;

(2)

Stabilize and improve property values in the area;

(3)

Foster civic beauty;

(4)

Strengthen the local economy; and

(5)

Promote the use of such sites for the education, pleasure and welfare of the local residents and of the general public.

Home improvement center. A facility of more than 30,000 square feet of gross floor area engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, paint and glass, housewares and household appliances, garden supplies and cutlery.

Home occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the exterior of the property or affect the residential character of the neighborhood.

Hospital. An institution providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices.

Hotel. A building containing rooms for sleeping purposes for more than 20 transients and where only a general kitchen and dining room are provided.

Hub or relay antennas. Antennas or dishes used to transmit video, voice, or data signals to and/or receive signals from multiple fixed customer locations, not including conventional cellular communication antennas and their towers, AM/FM radio transmitters, amateur (HAM) radio transmitters, citizens' band (CB) radio transmitters, and digital audio radio services (DARS) transmitters.

Incombustible material. Any material that will not ignite and burn when subjected to fire or as additionally defined by the National Fire Prevention Association (NFPA).

Industrial. A product manufacturing or conversion through assembly of new or used products or through the disposal or reclamation of salvaged material business and service activity that are operated primarily for profit.

Industrial park. A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

Institution. An organization having a social, educational, or religious purpose established by law, custom, practice, or a system to serve a public.

Junk. All rubbish, refuse, waste material, and garbage, including, but not limited to, the following: waste composed of animal, fish, fowl, fruit or vegetable matter, dead animals, putrescible and nonputrescible solid waste (except body wastes), ash, glass, cans, bottles, discarded or abandoned machinery, household appliances, industrial wastes, and discarded, inoperative, dismantled or partially dismantled motorized vehicles or parts thereof. This shall not preclude home or farm composting for on-site use.

Kennel. Any lot or premises on which four or more dogs are kept or boarded temporarily or permanently, for the purpose of breeding for sale, or otherwise. It shall also include any lot or premises on which other furbearing household or domestic pets of like number or more are bred or sold.

Laboratory. A place in which the principal use is devoted to experimental, routine or basic study such as testing and analytical operations.

Lake. A permanent natural or manmade body of surface water of at least five acres in area.

Landscaping. The following definitions shall apply in the application of this chapter:

(1)

Berm. A landscaped mound of earth which blends with the surrounding terrain.

(2)

Buffer. A landscaped area composed of plant material, wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.

(3)

Conflicting land use. Any incompatible land uses that abut each other.

(4)

Greenbelt. A landscaped area, equal to the depth of the minimum required front yard setback within a zoning district, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use.

(5)

Opacity. The state of being impervious to sight.

(6)

Plant material. A collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines and ground cover.

Large box retail. A singular retail or wholesale user, who occupies no less than 70,000 square feet of gross floor area, typically requires high parking to building area ratios and has a regional sales market. Regional retail/wholesale uses can include, but are not limited to, membership warehouse clubs that emphasize bulk sales, discount stores, and department stores.

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

Lodging facility. Any establishment in which individual units are rented to transients for periods of less than 30 days for the purpose of sleeping. The term shall include hotels and motels but shall not include bed-and-breakfast operations, multiple-family dwellings, or roominghouses.

Lot. A parcel of land, excluding any portion in a street or other right-of-way, of at least sufficient size to meet minimum requirements for use, coverage, lot area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on a public street, or on an approved private street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

Any combination of complete and/or portions of lots of record; or

(4)

A parcel of land described by metes and bounds.

Lot area, gross. The net lot area, plus half of the area of the right-of-way directly adjacent to and abutting any side of the lot.

Lot area, net. The total horizontal area within the lot lines of a lot.

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 (see figure 4).

Figure 4

Lot coverage. That percentage of the lot or parcel covered by all buildings and structures located on the lot or parcel.

Lot depth. The mean horizontal distance from the front street line to the rear lot line, or, in the case of a waterfront lot, from the lake frontage line to the street frontage line, or, in the case of an acreage lot, from the front right-of-way line to the rear lot line.

Lot, double frontage. A lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front (see figure 5).

Figure 5

Lot, interior. An interior lot is a lot other than a corner lot with only one lot line fronting on a street.

Lot line. Any line dividing one lot from another or from right-of-way, and thus constitutes the property lines bounding a lot.

Lot line, front. In the case of an interior lot abutting upon one public or private street, the front lot line shall mean the line separating the lot from such street right-of-way. In the case of corner or double frontage lot, the front lot line shall be that line separating said lot from that street which is designated as the front street in the plat and/or in the request for a zoning compliance permit.

Lot line, rear. Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular shaped lot, a line ten feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions is applicable, the planning commission shall designate the rear lot line.

Lot line, side shall mean any lot line other than the front lot line or rear lot line.

Lot line, street or alley. A lot line separating the lot from the right-of-way of a street or an alley, respectively.

Lot of record. A lot of record is a lot, the dimensions of which are shown on a map recorded in the office of the register of deeds for the county, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or registered surveyor, so designed by the state, and said description so recorded or on file with the county.

Lot, waterfront. A lot having frontage directly upon a lake, river or pond. The portion adjacent to the water shall be designated as the water frontage of the lot, and the opposite side shall be designated the street frontage of the lot.

Lot width. The horizontal distance between the side lot lines, as measured between the two points where the front yard setback or building setback line intersects the side lot lines (see figure 4).

Lot, zoning. A single tract of land, located within a single block which, at the time of applying 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 and which tract satisfies the applicable requirements of this chapter in every respect. A zoning lot may, therefore, not coincide with a lot of record, but may include one or more lots of record.

Manual and automatic controls shall mean those controls which give protection of our grids and limit rotation of WECS blades below the designed limits of the conversion system.

Marihuana or marijuana means that term is defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq. and the Michigan Regulation and Taxation of Marihuana Act of MCL 333.27951 et seq.

Marihuana establishment means a marihuana grower, marihuana safety compliance facility, marihuana processer, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other marihuana related business licensed by the department.

Marihuana facility means a location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act and this chapter.

Marihuana retailer means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

Master plan. The plan prepared and adopted by the city planning commission in accordance with Public Act No. 285 of 1931 (MCL 125.31 et seq.) relative to the agreed upon desirable physical land use pattern for future city development. The plan consists of a series of maps, plans, charts and written material representing, in summary form, the soundest planning direction to the city as to how it should grow in order to realize the very best community living environment.

Medical cannabis dispensary means a provisioning center operated and whose license to operate is held solely by one or more registered qualifying patients and/or registered primary caregivers operating at a fixed location.

Mobile home. A dwelling unit manufactured in one or more sections, designed for year-round, temporary or transient dwelling purposes, capable of being transported upon its own or a separate wheeled chassis, not motorized or self-propelled, built for the purpose of being located in a licensed mobile home park, meets the requirements of the FHA standards of the United States Department of Housing and Urban Development (HUD) or the American National Standards Institute (ANSI), if built prior to 1976, and installed in accordance with this chapter and the state construction code.

Mobile home park. A specifically designated parcel of land constructed and designed to accommodate three or more mobile homes for residential dwelling use, and licensed by the state in accordance with Public Act No. 96 of 1987 (MCL 125.2301 et seq.), the Mobile Home Commission Act.

Motel. A motel is a business comprised of a dwelling unit or a group of dwelling units so arranged as to furnish overnight lodging accommodations for transient guests, open to the traveling public for compensation.

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

Nonconforming use. A nonconforming use is 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 zoning district in which it is located.

Nonresidential uses. Shall mean commercial, industrial office and other nonresidential uses which may or may not be allowed in residential zoning districts. This can include schools, country clubs, churches and campus related uses.

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 adversely affect a human being.

Occupied. The word "occupied" includes arranged, designed, built, altered, converted to, rented or leased, or intended to be inhabited; not necessarily for dwelling purposes.

Off-street parking lot. A facility providing vehicular parking spaces along with adequate drives and aisles. Adequate maneuvering space shall be provided which allows unrestricted ingress and egress plus on-site parking space for at least two vehicles.

Open-air business uses. A business use operated for profit, usually without buildings or structures, including uses such as the following:

(1)

Bicycle, utility truck or trailer, motor vehicle, boats or home equipment sale, repair or rental services;

(2)

Outdoor display and sales of garages, motor homes, mobile homes, snowmobiles, farm implements, swimming pools and similar products;

(3)

Retail sale of trees, fruit, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer; and

(4)

Tennis courts, archery courts, shuffleboard courts, horseshoe pits, rifle ranges, miniature golf courses, golf driving ranges, children's amusement parks, or similar recreation uses (transient or permanent).

Open space. Any land area suitable for recreation, gardens or household service activities, such as clothes drying, but not occupied by any buildings or other structures, except as provided in this chapter.

Open space uses. Any principal or accessory use of a lot or parcel not involving the use of buildings or structures which are required to meet the state construction code or any construction requirement of the city ordinances, rules or regulations, except as provided in this chapter.

Open storage. All outdoor storage of building materials, sand, gravel, stone, lumber, equipment, and other supplies.

Ordinary high water mark. The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is distinguished from the upland, as evidenced in the soil, the configuration of the surface of the soil, and vegetation.

Outdoor grow means a fully enclosed outdoor area that is shielded from public view, is equipped with secure locks and other functioning security devises to prevent entry into the area by unauthorized persons.

Over-the-air reception devices (OTARD). Reception devices used by customers receiving video, voice and data signals from direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), and television broadcast stations (TVBS), as defined by the Federal Communications Commission (FCC).

Parcel. A piece of land created by a partition, subdivision, deed, or other instrument recorded with the appropriate recorder. This includes a lot, lot of record, or a piece of land created though other methods.

Parking pad. (Driveway-property owners side of property line, not within city ROW): A durable hard surface constructed of asphalt, concrete, cobblestone, brick, crushed asphalt, crushed concrete or other aggregate approved by the public services director, six millimeters in diameter or greater. The aggregate will be placed in a uniform manor at a minimum of four inches in depth and be defined and contained in a manor such as to prevent aggregate from washing away and/or eroding.

Parking space. A land area of not less than nine feet by 20 feet, exclusive of driveways and aisles, and so prepared as to be usable for the parking of a motor vehicle and so located as to be readily accessible to a public street or alley.

Pawnshop. Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again, or loans or advances money on personal property.

Pet. Only such animal as may commonly be housed within domestic living quarters.

Planned unit development. A special zoning district intended to permit flexibility and innovation in accordance with article V of this chapter.

Planned unit development agreement. A written agreement between a developer and the city which specifies the terms and conditions of planning unit development zoning.

Pond. A small body of surface water more than one-fourth of an acre but less than five acres and at least 18 inches deep which exists in a natural state or is established by either the damming of surface water or by excavation of soil to expose groundwater.

Porch, enclosed. A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of such building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Porch, open. A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

Private WECS shall mean any WECS that is accessory to a principal nonresidential or residential use located on the same lot, and is designed and built to serve the needs of the principal use which may provide some electricity back into the power grid when needs a principal use are exceeded.

Processor means a licensee that is a commercial entity that purchases marihuana from a grower or a marihuana establishment and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

Professional engineer shall mean any licensed engineer registered in the State of Michigan.

Provisioning center means a licensee that is a commercial entity that purchases marihuana from a grower or processor and sells, supplies or provides marihuana to registered qualified patients, directly or through the patients registered primary care givers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary care givers or includes medical cannabis dispensaries. A noncommercial location used by a primary care giver to assist a qualifying patient connected to a care giver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for the purposes of this chapter.

Public utility. Any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing, and under federal, state or municipal regulations, to the public; electricity, gas, steam, communications, telegraph, transportation or water. A public utility shall not, however, include cellular telephone operations.

Recreational vehicle. These uses shall be defined as follows:

(1)

Boats and boat trailers. Includes boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

(2)

Folding tent trailer. A canvas folding structure mounted on wheels and designed for travel and vacation use.

(3)

Motor home. A recreational vehicle intended for temporary human habitation, sleeping and/or eating, mounted upon a chassis with wheels and capable of being moved from place-to-place under its own power. Motor homes generally contain sanitary, water, and electrical facilities.

(4)

Other recreational equipment. Includes snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.

(5)

Pickup camper. A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.

(6)

Travel trailer. A portable vehicle on a chassis, not exceeding 36 feet in length or nine feet in width, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" by the manufacturer. Travel trailers generally contain sanitary, water, and electrical facilities.

Recreational vehicle park (RV park). A recreation oriented facility for the overnight or short-term parking of travel trailers, recreation vehicles or tents, but not including mobile homes. May also be known as a campground.

Refuse. All rubbish, refuse, waste material, and garbage, including, but not limited to, the following: waste composed of animal, fish, fowl, fruit or vegetable matter, dead animals, putrescible and solid waste (except body wastes), ashes, glass, cans, bottles, discarded or abandoned machinery, household appliances, industrial wastes, discarded, inoperative, dismantled or partially dismantled motorized vehicles or parts thereof. This shall not preclude home or farm composting for on-site use.

Restaurant. Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast food, sit-down restaurant, bar/lounge, combination thereof, as defined below.

(1)

Carry-out restaurant. Any restaurant whose method of operation involves sale of food, beverages and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

(2)

Drive-in restaurant. Any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages or other food served directly to, or permitted to be consumed by, patrons in cars or other vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site outside the main building.

(3)

Fast food restaurant. Any restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths, or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.

(4)

Sit-down restaurant. Any restaurant whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

(5)

Bar/lounge. Any restaurant that is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

Right-of-way. A street, alley, or other thoroughfare or easement permanently established for passage of persons or vehicles.

Roominghouse. A building where lodging only is provided for compensation.

Safety compliance facility means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests if for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.

Salvage yard. Any land or building used for abandonment, storage, keeping, collecting, or baling or paper, rags, scrap metals, other scrap or discarded materials, or for abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

Secure transporter means a licensee that is a commercial entity that stores marihuana and transports marihuana between facilities for a fee.

Setback. The minimum horizontal required distance measured from front, side, or rear lot line. The required setback area is that area encompassed by the respective lot lines and setback lines.

Shopping center. More than one commercial establishment, planned, developed, owned, and managed as a unit, with off-street parking provided on the property.

Sign. See article IX.

Special land use. A use which is subject to special approval by the planning commission. A special land use may be granted only when there is a specific provision in this chapter. A special land use is not considered to be a nonconforming use.

State construction code. The latest edition of the Michigan Building Code adopted by state in R408.30401 of the Michigan Administrative Code.

Story. That portion of a building, other than a mezzanine, included between the surface of any floor and the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, basement. For the purposes of this chapter, a basement shall be counted as a story if over 50 percent of its height is above the level from which the height of the building is measured or if it is used for business purposes.

Story height. The vertical distance from the top surface of one floor to the top surface of the next above. The height of the top most story is the distance from the top surface of the floor to the ceiling above it.

Story, mezzanine. A mezzanine floor may be used in this definition of a full story when it covers more than 50 percent of the area of the story underneath said mezzanine or if the vertical distance from the floor next below it to the floor next above is 24 feet or more.

Story, one-half. The story under the gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story and the floor area shall not exceed two-thirds of the area of the floor below.

Street. A public or private thoroughfare dedicated and maintained for the use and operation of vehicular traffic and which meets the minimum standards of construction of the city street agency.

Street block. That portion of both sides of a street located between two intersecting streets and having no other intersecting street between them.

Street frontage. The legal line that separates a dedicated street right-of-way or easement from abutting land.

Street, frontage access. A public or private street paralleling and providing ingress and egress to adjacent lots and parcels but connected to the major highway or street only at designated intersections or interchanges.

Street grade. The officially established grade of the street upon which a lot fronts at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

Street, hard surface. A highway or street built to the concrete or asphalt surface street building specifications of the city or the state department of transportation.

Street, local. Those streets approved as such by the state department of transportation according to the Michigan Highway Law, Public Act No. 51 of 1951 (MCL 247.651 et seq.), as amended.

Street, major. Those streets approved as such by the state department of transportation according to the Michigan Highway Law, Public Act No. 51 of 1951 (MCL 247.651 et seq.), as amended.

Street, private. A nonpublic street which serves at least two separately owned lots or parcels and which meets the city street construction standards.

Street right-of-way line. The line which forms the outer limits of a street right-of-way or easement, and which forms the line from which all setbacks and front yards are measured, unless otherwise specified in this chapter.

Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground. When the structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.

Substantial portion. Substantial portion means a use or activity accounting for more than 20 percent of any one or more of the following: stock-in-trade, display space, floor space, or viewing time, movie display time, or entertainment time measured per month.

Swimming pool. Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

Temporary building and use. A building or use permitted by the building inspector to exist during periods of construction of the main building for use or for special events, said period not to exceed six months.

Temporary WECS shall mean any WECS not permanently affixed to a structure or the ground and will serve a need for no more than 365 days.

Use. The lawful purpose, for which land or premises or a structure or building thereon is designed, arranged, intended or for which is occupied, maintained, let or leased.

Use, illegal nonconforming. An existing use of land and structures, created after the effective date of the ordinance from which this chapter is derived, and which does not conform to the uses specified as permitted in a district.

Use, legal nonconforming. An existing use of land and structures, as of the effective date of the ordinance from which this chapter is derived, which does not conform to the uses specified as permitted in a district.

Utility scale wind farm shall mean all windfarms that produce greater than 50 kilowatts of energy.

Wind energy conversion system (WECS) shall mean any device such as a wind charger, windmill, or wind turbine that converts wind energy to a form of electrical energy greater than one kilowatt.

Wireless communication facilities. Includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities, short wave facilities, ham amateur radio facilities, satellite dishes, and governmental facilities which may be subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this chapter, the following additional terms are defined:

(1)

Attached wireless communications facilities. Wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

(2)

Wireless communication support structures. Structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

(3)

Collocation. The location by two or more cellular communication providers of cellular communication facilities on a common structure, tower or building.

Yard. A general term applied to the space on a lot or parcel, which contains a building or group of buildings, lying between the building or group of buildings, and the nearest respective lot or property line facing each building.

Yard, front. A required front yard is an open space extending the full width of a lot and of a uniform depth (setback) measured horizontally at right angles to the front lot line and unoccupied from the ground upward except as hereinafter specified (see figure 6).

Yard, rear. A required rear yard is an open space extending the full width of a lot and of a uniform depth (setback) measured horizontally at right angles to the rear lot line and unoccupied from the ground upward as herein otherwise specified (see figure 6).

Yard, required. An open space of prescribed width or depth adjacent to a lot or property line on the same land with a building or group of buildings which lies in the area between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not exclude eaves provided when an eight-foot height clearance is provided above the adjacent ground level.

Yard, side. A required side yard is an open space extending from the front to the rear yard and of a uniform width (setback) measured horizontally at right angles to the side lot line, and unoccupied from the ground upward except as herein otherwise specified (see figure 6).

Figure 6

Yard, front, street and waterfront. Front yards or setbacks from street right-of-way lines and shorelines of water bodies (see figure 7).

Figure 7

Zoning official or enforcing officer. The city official appointed by the city commission to administer and enforce the standards of this chapter.

Zoning permit. A permit issued by the zoning administrator or enforcing officer prior to construction, enlargement or alterations of property in accordance with section 60-59.

(Ord. No. 691, § 1(32-12), 5-4-2005; Ord. No. 699, § 1, 4-11-2006; Ord. No. 727, § 1, 9-28-2010; Ord. No. 731, § 1, 1-25-2011; Ord. No. 761, § 2, 8-12-2014; Ord. No. 786, § 1, 4-12-2016; Ord. No. 802, § 1, 7-24-2018; Ord. No. 819, § 1, 5-25-2021; Ord. No. 836, § 1, 12-27-2022)