The following rules apply to the text of this ordinance:

A.

The particular shall control the general.

B.

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

C.

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

D.

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

E.

A "building" or "structure" includes any part thereof.

F.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

G.

Unless the context clearly indicates the contrary, the conjunctions noted below shall be interpreted as follows.

1.

"And" indicates that all connected items, conditions, provisions, or events shall apply.

2.

"Or" indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

3.

"Either…or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

H.

Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. No. 498, 2-6-07)

Accessory building. A subordinate building on the same premises with a main building or portion of a main building and occupied or devoted to an accessory use; for example, a private garage.

Accessory use or accessory. A use which is clearly incidental to the principal use of the lot and customarily found in connection with the principal use. An accessory use shall be located on the same lot as the principal use. When "accessory" is used in this text, it shall have the same meaning as accessory use.

Adult bookstore. A building used for the sale of motion picture films, video cassettes, magazines, posters, and other printed material, or tapes, or sex objects for other than contraceptive purposes, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this ordinance, for sale to patrons therein.

Adult foster care facility. A facility defined as an "adult foster care facility" by the adult foster care facility licensing act, Act No. 218 of the Public Acts of Michigan of 1979 (MCL 400.701 et seq.), as amended, having as its principal function the receiving of adults for foster care, and licensed by the state under the act. An "adult foster care facility" includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an on-going basis, but who do not require continuous nursing care.

Adult foster care family home. A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care for five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee shall be a member of the household, and an occupant of the residence.

Adult live entertainment theater. A building for presenting live entertainment involving the use of strip dancers, naked individuals, individuals who wear see through clothing which permits the view of "specified anatomical areas," individuals who are partially clothed and partially unclothed so as to permit the view of "specified anatomical areas," or individuals conducting "specified sexual activities."

Adult motion picture theater. A building used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this ordinance, for observation by patrons therein.

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

Alterations. Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders.

Awning. A retractable or fixed shelter constructed of non-rigid materials on a supporting framework that projects from the exterior wall of a building, intended to shelter entrances or windows.

(Ord. No. 459, pt. 1, 4-17-01; Ord. No. 498, 2-6-07; Ord. No. 512, § 1, 12-7-10)

Basement. 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 establishment. A use within a detached single family dwelling in which transient guests are provided a sleeping room, breakfast, and access to bathing and lavatory facilities in return for payment.

Berm. A mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual or audible screening purposes.

Block. The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

Board of zoning appeals, or board, or board of appeals. The Board of Zoning Appeals of the City of Belding.

Body shop. Any building, premises, or land in which or upon which the primary use is the servicing, repair, or painting of motor vehicles.

Buffer strip. A strip of land required between certain zoning districts reserved for plant material, berms, walls, or fencing to serve as a visual barrier or to block noise, light, and other impacts.

Building. An independent structure, temporary or permanent, having a roof supported by columns, walls, or any other support and used for the enclosure of persons, animals, possessions, or the conduct of business activities or other uses.

Building code. The code or codes governing the erection and maintenance of buildings as currently adopted by the City of Belding.

Building line. A line parallel to the street line formed by the face of the building or touching that part of a building closest to the street. For the purposes of this ordinance, a minimum building line is the same as the front setback. (See also chapter 15, district regulations, and section 2.8 projections into yards.)

Building official or building inspector. The person designated by the city council to administer the provisions of the adopted building codes for the City of Belding.

Building site. This term shall be used in connection with site condominiums and shall mean either:

A.

The area within the site condominium unit by itself (i.e., exclusive of any appurtenant limited common element), including the area under the building envelope and the area around and contiguous to the building envelope; or

B.

The area within the condominium unit (as described above), taken together with any contiguous and appurtenant limited common element.

Business center. Any two (2) or more businesses which meet one (1) or more of the following:

A.

Are located on a single parcel of property.

B.

Are connected by common walls, partitions, canopies, or other structure members to form a continuous building or a group of buildings.

C.

Are under common ownership or management and have a common arrangement for maintenance of the grounds.

D.

Share a common parking area.

E.

Otherwise present the appearance of a single, contiguous business area.

(Ord. No. 459, pt. 2, 4-17-01; Ord. No. 498, 2-6-07; Ord. No. 512, § 2, 12-7-10)

Canopy tree. A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree. The purpose of a canopy tree is to provide shade to adjacent ground areas.

Certificate of occupancy. A document signed by an authorized city official as a condition precedent to the commencement of a use which acknowledges that such use, structure or building complies with the provisions of the zoning ordinance.

Child care center or day care center. A facility, other than a private residence, in which one or more preschool or school age children are given care and supervision for periods of less than twenty-four (24) hours per day, and where a parent or legal guardian is not immediately available to the child. Child care center includes a facility which provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day.

Child care center does not include a Sunday school, a vacation Bible school, or a religious class that is conducted by a religious organization where children are in attendance for not greater than four (4) hours per day for an indefinite period, or not greater than eight (8) hours per day for a period not to exceed four (4) weeks, during a twelve (12) month period, or a facility operated by a religious organization where children are cared for not greater than four (4) hours, while persons responsible for the children are attending religious classes or services.

City council or council. The City Council of the City of Belding.

Club. An organization of persons for special purposes such as sports, arts, sciences, literature, politics, or the like, but not operated for profit.

Commercial storage warehouse. A building or buildings used primarily as a commercial business for the storage of goods and materials.

Community gardens. An area of land managed and maintained by a community, subdivision or non-profit organization to grow and harvest food crops and non-food, ornamental crops, such as flowers. Community gardens may be divided into separate plots for cultivation by one or more individuals or groups, or may be farmed collectively by members of a group, and may include common areas maintained and used by group members.

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

(Ord. No. 459, pt. 3, 4-17-01; Ord. No. 498, 2-6-07; Ord. No. 518, § 1, 1-18-11)

Day care center. See "child care center."

Drive-through business. A business establishment so developed that its retail or service character provides a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle either exclusively or in addition to service within a building or structure, or to provide self-service for patrons and food carry-out.

Dwelling unit. A room, or rooms connected together, constituting a separate, independent housekeeping establishment for one family occupancy, physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom, and sleeping facilities. In no case shall a motor home, trailer, automobile chassis, tent, or portable building be considered a dwelling. In the case of mixed occupancy, the part of a building occupied as a dwelling shall be deemed the dwelling unit and shall comply with all applicable provisions of this ordinance for dwellings.

Dwelling, multiple-family. A building containing three or more separate dwelling units.

Dwelling, single family detached. A building containing only one dwelling unit.

Dwelling, two-family. A building on a single lot containing two separate dwelling units.

(Ord. No. 459, pt. 4, 4-17-01; Ord. No. 498, 2-6-07)

Erected. Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, etc.

Essential public services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel, or water transmission, distribution, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, but not including buildings and storage yards, which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

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

(Ord. No. 459, pt. 5, 4-17-01; Ord. No. 498, 2-6-07)

Family. A person living alone in a single dwelling unit or two (2) or more persons whose domestic relationship is of a continuing, nontransient character and who reside together as a single housekeeping unit in a single dwelling unit. "Family" does not include a collective number of individuals occupying a motel, fraternity, sorority, society, club, boarding, or lodging house, or any other collective number of individuals whose domestic relationship is of a transient or seasonal nature.

Family day care home. A private home in which one (1) but less than seven (7) minor children are given care and supervision for periods of less than twenty-four (24) hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family day-care home includes a home that gives care to an unrelated minor child for more than four (1) weeks during a calendar year.

Floor area, gross. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls.

Floor area, usable (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. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, or for utilities or sanitary facilities shall be excluded from the computation of "usable floor area." 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.

Frontage. The continuous linear distance of that portion of a parcel abutting upon a public street right-of-way or private street easement.

(Ord. No. 459, pt. 6, 4-17-01; Ord. No. 498, 2-6-07)

Grade. The gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twenty-five percent.

Grade, average. The average finished ground elevation at the center of all walls of a building 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 or structure being measured.

Greenbelt. A strip of land of definite width and location reserved for the planting of shrubs, trees, or grasses to serve as an obscuring screen or buffer strip in carrying out the requirements of this ordinance. (See also "berm" and "buffer strip.")

Group day care home. A private home in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (24) hours per day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group day-care home includes a home that gives care to unrelated minor children for more than four (4) weeks during a calendar year.

(Ord. No. 498, 2-6-07)

Height. The vertical distance measured from the average grade to the highest point of a structure. In the case of a building, height shall be measured from the average grade to the highest point of the roof surface for a flat roof; to the deck line of mansard roofs; and to the midpoint between the eaves and ridge for gable, hip, and gambrel roofs.

Height

Home occupation. A home occupation is a business, profession, occupation or trade that is conducted within a residential dwelling unit by the residents of the dwelling unit, and may be within an attached and detached building accessory to the residence, for the economic gain or support of the residents of the dwelling; is an incidental and secondary use of the residential dwelling unit; and does not adversely affect the character of the structure, lot or surrounding neighborhood.

Hotel/motel. A facility offering lodging accommodations to the general public for a daily rate and which may or may not provide additional services, such as restaurants, meeting rooms, and recreational facilities.

Housing for the elderly. A residential facility that provides room, board and supervised care to unrelated, non-transient individuals 60 years of age or older or couples where either the husband or wife is 60 years of age or older. Such facility shall be licensed as a "home for the aged" by the state department of public health under article 17 of the Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.20101 et seq., MSA 14.15 (20101)), as amended. This does not include a development that contains convalescent or nursing home as licensed under Act No. 139 of the Public Acts of 1956, as amended, being sections 331.651 to 331.660 of the Compiled Laws of 1948; or a mental hospital for mental patients licensed under sections 51 and 52 of Act No. 151 of the Public Acts of 1923, as amended, being sections 330.61 and 330.62 of the Compiled Laws of 1948.

(Ord. No. 459, pt. 7, 4-17-01; Ord. No. 498, 2-6-07; Ord. No. 542 , § 1, 5-3-16)

Inoperable vehicle. A motor vehicle which is unlicensed or can no longer propel itself.

(Ord. No. 498, 2-6-07)

Junk. Any worn out or discarded materials including, but not necessarily limited to, scrap metal, inoperable motor vehicles and parts, construction material, household wastes, including garbage and discarded appliances, and yard debris.

Junk yard. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled. These materials include, but are not limited to: scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

(Ord. No. 498, 2-6-07)

Kennel, commercial. Any lot or premise on which three (3) or more dogs, cats, or other household pets, six (6) months of age or older, are either permanently or temporarily boarded for commercial purposes. A kennel shall also include any lot or promises where household pets are bred or sold for commercial purposes.

(Ord. No. 498, 2-6-07)

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

Lot. A parcel, vacant land, occupied land, or land intended to be occupied by a building and accessory buildings, or utilized for principal and accessory use(s) together with yards and open spaces required under the provisions of this ordinance. A lot may or may not be specifically designated as such on public records. A lot may consist of any of the following, or a combination of any of the following, excluding any portion of property subject to a public easement or right-or-way for highway purposes, and provided that in no case shall a division or combination of properties create a residual lot which does not meet the requirements of this ordinance:

A.

A platted lot, or a portion of a platted lot;

B.

A parcel of land described by metes and bounds, or a portion of a parcel of land described by metes and bounds; or

C.

A building site as defined in this ordinance in connection with a site condominium project.

Lot, corner. Any lot having at least two (2) contiguous sides abutting upon a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than one hundred thirty-five (135) degrees.

Lots

Lot, flag. A lot with access provided to the bulk of the lot by means of a narrow corridor fronting on a public street.

Lot, interior. A lot other than a corner lot, flag lot, or through lot.

Lot, through. Any interior lot having frontage on two parallel streets. In the case of a row of through lots, all yards of said lots adjacent to streets shall be considered frontage, and through yard setbacks shall be provided as required.

Lot area. The total horizontal area within the lot lines.

Lot coverage. The part of the lot occupied by any building, including accessory buildings.

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

Lot lines. The lines bounding a lot as defined herein:

A.

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

B.

Rear lot line. That lot line opposite and most distant from the front lot line. In the case of a lot which is pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot.

Lot Lines

C.

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

Lot of record. 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, which actually exists as shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot width. 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.

(Ord. No. 498, 2-6-07)

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

Manufactured home. A transportable, factory-built home, designed to be used as a year-round residential dwelling.

Manufactured home park. A parcel or tract of land under the control of a person upon which three (3) or more manufactured homes are located on a continual non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a manufactured home and which is not intended for use as a temporary trailer park.

Marihuana, also known as marijuana, also known as cannabis. That term shall have the meaning given to it in section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in Section 3(d) of the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d). Any other term pertaining to marihuana used in this ordinance and not otherwise defined shall have the meaning given to it in the Michigan Medical Marihuana Act and/or in the General Rules of the Michigan Department of Community Health issued in connection with that Act.

Marihuana collective or cooperative. Any facility, structure, dwelling or other location where medical marihuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two (2) or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. (the "Act"), or a person in possession of an identification card issued under the Act or in possession of an application for such an identification card. The term "collective" or "cooperative" shall not apply to a registered primary caregiver that provides necessary care and marihuana for medical use exclusively to his/her five (5) or fewer designated qualifying patients in strict accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. or the Administrative Rules of the Michigan Department of Community Health, Michigan Admin. Code, R333.101 through R333.133. A "marijuana collective or cooperative" shall not include the following uses: A state-licensed health care facility; a state-licensed residential care facility for the elderly or infinned; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the State of Michigan. It is unlawful to establish or operate a profit or nonprofit medical marihuana dispensary, collective or cooperative within the city.

Marihuana dispensary or dispensary. Any facility, structure, dwelling or other location where medical marihuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two (2) or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. (the "Act"), or a person in possession of an identification card issued under the Act or in possession of an application for such an identification card. The term "dispensary" shall not apply to a registered primary caregiver that provides necessary care and marihuana for medical use exclusively to his/her five (5) or fewer designated qualifying patients in strict accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. or the Administrative Rules of the Michigan Department of Community Health, Michigan Admin. Code, R 333.101 through R 333.133. A "marihuana dispensary" shall not include the following uses: a State licensed health care facility; a State-licensed residential care facility for the elderly or infirmed; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the State of Michigan. It is unlawful to establish or operate a profit or nonprofit medical marihuana dispensary, collective or cooperative within the city.

Marihuana, medical use of. The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq.

Marquee. A permanent structure constructed of rigid materials that projects from the exterior wall of a building, intended to shelter entrances or windows.

Massage parlor. Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not be construed to include a non-profit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area, nor practices of massage therapists who meet one or more of the following criteria:

A.

Proof of graduation from a school of massage licensed by the State of Michigan;

B.

Official transcripts verifying completion of at least three hundred (300) hours of massage training from an American community college or university; plus three references from massage therapists who are professional members of a massage association referred to in this section;

C.

Certificate of professional membership in the American Massage Therapy Association, International Myomassethics Federation, or any other recognized massage association with equivalent professional membership standards; or

D.

A current occupational license from another state.

Master plan. The master plan currently adopted by the City of Belding, including graphic and written proposals, indicating the general location for streets, parks, schools, public facilities, and all physical development of the municipality, and includes any unit or part of such plan and any amendment to such plan.

(Ord. No. 498, 2-6-07; Ord. No. 512, § 3, 12-7-10; Ord. No. 520, § 1, 2-15-11)

Nonconforming building or structure. A building or structure, the size, dimensions, or location of which was lawful prior to the adoption or amendment of the zoning ordinance, but that fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which it is located.

Nonconforming lot. A lot, the area, dimensions, or location of which was lawful prior to the adoption or amendment of the zoning ordinance, but that fails by reason of such adoption or amendment to conform to the present lot requirements of the zoning district in which it is located.

Nonconforming use. A use or activity that was lawful prior to the adoption or amendment of the zoning ordinance, but that fails by reason of such adoption or amendment to conform to the present use regulations of the zoning district in which it is located.

Nursing home. A nursing care facility licensed as a "nursing home" by the State Department of Public Health under article 17 of the public health code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.20101 et seq., MSA 14.15(20101) et seq.), as amended. A "nursing home" as defined by this section shall include extended care facility and convalescent home.

(Ord. No. 498, 2-6-07)

Off-street parking lot. A facility providing parking spaces, along with adequate drives, maneuvering areas, and aisles, for the parking of more than three (3) vehicles.

Open air business. Retail sales establishments operated substantially in the open air, including:

A.

Bicycle, utility truck or trailer, motor vehicle, boats, or home equipment sales, repair or rental services.

B.

Outdoor display area and sale of garages, motor homes, recreation vehicles, manufactured homes, snowmobiles, swimming pools and similar activities, but not including farm implements or commercial construction equipment.

C.

Retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment, but not including lumberyards.

(Ord. No. 459, pt. 8, 4-17-01; Ord. No. 498, 2-6-07)

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

Personal service establishment. A commercial business conducting services that are performed primarily on the premises.

Planned industrial park. A development of land, used primarily for industrial and related uses, that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Planned unit development (PUD). A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

Planning commission, or commission. The City of Belding Planning Commission.

Principal use. The main use to which the premises are devoted.

Public utility. A person, firm, or corporation, municipal department, board or commission duly authorized to furnish to the public under federal, state or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water; provided that this definition shall not include any person, firm, or corporation engaged in the provision of cellular communication services or radio or television broadcasting.

(Ord. No. 459, pt. 9, 4-17-01; Ord. No. 498, 2-6-07)

Recreation, passive. Non-motorized recreation requiring minimal surface alteration to the area. No alteration of existing topography would be allowed. Such passive recreation shall include, but not be limited to, hiking, walking, biking, picnicking, birdwatching and playing.

Recreational vehicle or equipment. Vehicles or equipment used primarily for recreational purposes. For the purpose of this ordinance, recreational vehicle shall mean:

A.

A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle such as a motor home or camper.

B.

Boats and trailers designed to transport boats.

C.

Snowmobiles and trailers designed to transport snowmobiles.

D.

Off-road vehicles and trailers designed to transport off-road vehicles.

E.

Pop-up tent and camper trailers.

F.

Other similar vehicles deemed by the zoning administrator to be a recreational vehicle. This term shall not include motorcycles or motorbikes or other similar means of transportation intended primarily for on-street use.

Recycling center. A building or premises where used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.

(Ord. No. 498, 2-6-07; Ord. No. 537 , § 2, 7-21-15)

Salvage yard. An open space where waste, surplus, discarded, or salvaged materials are brought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including house wrecking and structural steel materials and equipment and automobile wrecking.

Satellite dish antenna. An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Secondary street. The secondary street shall be the street on a corner lot which is not fronting on the street which is considered as the street for the determination of the front yard.

Setback. The distance required to obtain minimum front, side, or rear yard open space provisions of this ordinance. This distance shall be devoid of structures unless otherwise provided for in this ordinance.

Sign. A device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any business, establishment, person, entity, product, service or activity, or to communicate information of any kind to the public. (See also section 16.4B.)

Significant natural feature. A natural area as designated by the planning commission, city council, or the Michigan Department of Natural Resources which exhibits unique topographic, ecological, hydrological, or historical characteristics such as a wetland, flood plain, water features, or other unique natural features.

Special event. An event of limited duration held on private property, including but not limited to circuses, fairs, carnivals, festivals, exhibitions, antique shows, craft shows, flea markets, vehicle shows or swap meets, or other types of special events that: 1) do not run longer than seven (7) days; 2) are intended to or are likely to attract crowds; and 3) are different from the customary or usual activities generally associated with the property upon which the special event is located.

Specified anatomical areas.

A.

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

B.

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

Specified sexual activities.

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Acts of human masturbation, sexual intercourse or sodomy;

C.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

State licensed residential facility (six or fewer persons). A structure constructed for residential purposes that is licensed by the state pursuant to the adult foster care facility licensing act (Act No. 218 of the Public Acts of Michigan of 1979; MCL 400.701 et seq., as amended) or the child care organizations act (Act No. 116 of the Public Acts of Michigan of 1973; MCL 722.111 et seq., as amended), which provides resident services or care for six (6) or fewer persons under twenty-four (24) hour supervision for persons in need of that supervision or care. A "state licensed residential facility (six or less persons)" as defined by this section shall not include an establishment commonly described as an alcohol or substance abuse rehabilitation center, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or rooming house that does not provide or offer to provide foster care.

Story. That part of a building included between the surface of any floor above the average grade or ground at the foundation and the surface of the next floor, or if there is no floor above, then the ceiling next above.

Story, half. An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven (7) feet six (6) inches. For the purpose of this ordinance, the usable floor area is only that area having at least five (5) feet clear height between floor and ceiling.

Street, arterial. An arterial roadway as designated in the City of Belding Master Plan.

Street, collector. A collector as designated in the City of Belding Master plan. A street that conducts and distributes traffic between other residential streets of lower order in the street hierarchy.

Street, private. An undedicated, privately controlled and maintained right-of-way designed and maintained in compliance with the provisions of this ordinance which provides access to abutting property.

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

Structures. Anything constructed or erected, the use of which requires location on the ground or attachment to something on the ground. This shall not include hard materials used for driveways, pads, sidewalks or walkways. When there is a discrepancy in what is considered a structure the zoning administrator shall make the determination.

Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either, before improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or the Michigan Register of Historic Places.

(Ord. No. 459, pt. 10, 4-17-01; Ord. No. 498, 2-6-07; Ord. No. 512, § 4, 12-7-10; Ord. No. 531, § 5, 1-2-13 )

Truck terminal. A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semi trailers, including tractor and/or trailer units and other trucks, are parked or stored.

(Ord. No. 498, 2-6-07)

Vehicle service station. Building and premises where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires, and other similar motor vehicle accessories and including the customary space and facilities for the installation of such commodities, including storage, minor repair, and servicing but not including vehicle repair as defined herein.

Vehicle repair. Any major activity involving the general repair, rebuilding, or reconditioning of motor vehicles, engines, or trailers; collision services such as body, frame or fender straightening and repair; overall painting and rust proofing; and refinishing or steam cleaning.

Vehicle wash. A building or portion thereof, the primary purpose of which is that of washing motor vehicles.

(Ord. No. 498, 2-6-07)

Waste dumpster. A container used for the temporary storage of rubbish and/or materials to be recycled pending collection, having capacity of at least one (1) cubic yard.

(Ord. No. 459, pt. 11, 4-17-01; Ord. No. 498, 2-6-07)

Yards. The open spaces on the same lot with a main building that are unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance, and as defined herein.

Yards

A.

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

B.

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

C.

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

Yard, required. The required yard shall be that set forth as the minimum yard setback requirement for each district.

(Ord. No. 498, 2-6-07)

Zoning act. The Michigan Zoning Enabling Act.

Zoning administrator. The person designated by the city council to administer the provisions of this zoning ordinance.

(Ord. No. 498, 2-6-07)