Beverly Hills City Zoning Code

This chapter shall be known and may be cited as "The Zoning Ordinance of the Village of Beverly Hills."

(Prior Code, § 22.01.010)

This chapter is derived from an ordinance enacted under Public Act No. 207 of 1921, as amended, governing the incorporated portions of the Village to regulate and restrict the location and use of buildings, structures and land or other specified uses; and to regulate and limit the height and bulk of buildings, and other structures; to regulate and to determine the size of yards, courts, and open spaces; to regulate and limit the density of population; and for said purposes to divide the Village into districts and establish the boundaries thereof; providing for enforcement; establishing a Board of Appeals; and imposing penalties for the violation of this chapter.

(Prior Code, § 22.01.020; Ord. No. 389A, 2-4-2025)

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

Adult foster care facility means a facility for the care of adults, 18 years of age and older, as licensed and regulated by the State under Public Act No. 218 of 1979 (MCL 400.701 et seq.), and rules promulgated by the State Department of Social Services. 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. The term "adult foster care facility" does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility. Such organizations shall be defined as follows:

Adult foster care family home means a private home with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

Adult foster care large group home means a private home with approved capacity to receive at least 13 but not more than 20 adults to be 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 foster care small group home means a private home 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.

Congregate adult foster care facility means a residence for more than 20 adults.

Adult regulated uses. The following definitions shall apply to adult-regulated uses:

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and novelty items which are distinguished or relating to "specified sexual activities" or "specified anatomical areas" (as those terms are defined below), or an establishment with a segment or section devoted to the sale or display of such material. Such establishment or the segment or section devoted to the sale or display of such material in an 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.

Adult mini motion picture theatre means an enclosed building with a capacity for less than 50 persons used commercially for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as those terms are defined below), 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.

Adult motion picture theatre means an enclosed building with a capacity of 50 or more persons used commercially for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as those terms are defined below), for observation by patrons herein. 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.

Cabaret means an establishment which features any of the following: Topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or females or similar entertainers or topless and/or bottomless servers or employees.

Massage parlor means a place where, for any form of consideration of gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Modeling studio means any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar education institution.

Significant portion means any one or more portions of the display having continuous duration in excess of five minutes; the aggregate portions of the display having a duration equal to ten percent or more of the display; the aggregate of portions of the collection of any materials or exhibits composing the display equal to ten percent or more of the display.

Specified anatomical areas means less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock;

c.

Female breast below a point immediately above the top of the areola; and

d.

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

Specified sexual activities means:

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.

Alley means a public way which affords a secondary means of vehicular access to abutting property (see Street).

Articulation means architectural variations in a building wall that accentuates details of the building design so that it defines a building base, middle and top. The term "articulation" can include recesses, relief and design elements that accent the overall design, continue the rhythm of adjacent buildings, and promote varied front buildings, and promote varied front building lines and interesting design.

Basement means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.

Bikeway means pedestrian or nonmotorized vehicular circulation routes built according to the standards of the Village or other agency with right-of-way jurisdiction, as applicable.

Bufferyard means a unit of yard together with plantings, walls, berms, and/or fences required thereon located between different land uses and/or public roads designed to minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings, and parking lots and/or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires and explosion.

Buildable area means, irrespective of the geometric shape of a lot and/or whether any of the lot lines consists of a straight, curved or any combination of two or more straight and/or curved lines, the buildable area for the lot shall be determined in the following sequence:

(1)

Establish the front open space with a line parallel to the front lot line, regardless of its contour, at the setback distance specified in the Schedule of Regulations.

(2)

Establish the rear open space as defined in the zoning regulations set forth in this chapter for a square, rectangular or irregular shaped lot.

(3)

Establish the rear open space with a line parallel to the rear lot line, as determined in Subsection (2) of this definition, extend to intersect both side lot lines. Use the setback distance specified in the Schedule of Regulations.

(4)

Establish the side open space for one side with a line that is parallel to the rear lot line, regardless of its contour or angle, between the front open space determined in Subsection (1) of this definition and the rear open space determined in Subsection (3) of this definition, at the setback distance specified in the Schedule of Regulations for an interior lot or at the setback distance required for corner lots (see ).

(5)

Establish the opposite side open space by repeating Subsection (4) of this definition. The area encompassed by the front, rear and side open spaces of an unoccupied lot is determined to be the buildable area of the lot.

Building means any structure, either temporary or permanent, having a roof supported by columns or walls, including, but not limited to, tents, awnings, carports and mobile homes and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. In addition, a structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed primarily for shelter rather than as a means of conveyance.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge of gable, studio hip and gambrel roofs; and 75 percent of the height of an "A" frame.

Building line means a line parallel to the front lot line at the minimum required front setback line.

Building, accessory means a subordinate building area, attached or detached, the use of which is customarily incidental to the permitted principal use of the principal building on the same lot. Examples of accessory buildings include a garage, storage shed and pool house. In case a question arises to the degree of incidentalness or length of custom, the Zoning Board of Appeals shall rule (see Building, principal, and Use, accessory).

Building, principal means a building or where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated (see Building, accessory and Use, principal).

Child care facility means a facility for the care of children under 18 years of age, as licensed and regulated by the State under Public Act No. 116 of 1973 (MCL 722.111 et seq.) and the associated rules promulgated by the State Department of Social Services. Such organizations shall be further defined as follows:

Child care center means a facility, other than a private residence, receiving more than six preschool or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. The term "child care center" includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. The term "child care center" or "day care center" does not include a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.

Family day care home means a private home in which up to six minor children are received for care and supervision for periods of less than 24 hours a day, except children related to the caregiver by blood, marriage, or adoption. The term "family day care home" includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

Foster family home means a private home in which one but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian.

Foster family group home means a private home in which more than four but fewer than seven minor children, who are not related to an adult member of the household by blood, marriage, or adoption are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian.

Group day care home means a private home in which more than six but not more than 12 children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to the caregiver. The term "group day care home" includes a home that gives care to an unrelated child for more than four weeks during a calendar year.

Church means a building, structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services. Accessory structures and uses not directly involving religious services are excluded from this definition and are considered accessory structures or uses.

Collector street means a street whose primary function is to provide adequate traffic movement between thoroughfares and local streets and provide direct access to abutting properties. Collector streets are those designated as such in the circulation plan of the current Village Master Plan.

Commercial vehicle means any vehicle bearing or required to bear commercial license plates and which falls into one or more of the categories listed below:

(1)

Truck tractor;

(2)

Semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures;

(3)

Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply commercial or delivery trucks. This category shall include vehicles of a similar nature which are also of a type commonly used by electrical, plumbing, heating and cooling, and other construction-oriented contractors;

(4)

Tow trucks;

(5)

Commercial hauling trucks;

(6)

Vehicle repair service trucks;

(7)

Vehicles with blades attached for plowing, grading;

(8)

Construction vehicle, such as a bulldozer, backhoe and similar vehicles;

(9)

A vehicle which has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment.

Non-licensed commercial vehicle means any motor vehicle, whether same is capable of operation or movement under its own power or not, which vehicle does not have attached thereto current and valid license plates registered for such vehicle.

Operator means any person who is in actual physical control of a commercial vehicle.

Owner means any person in whose name the legal title of a commercial vehicle is registered or, in the event such vehicle is the subject of a lease or conditional sales agreement, the lessee or person with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession.

Parking means the open standing of a commercial vehicle upon the land attended or unattended by an operator thereof, except in a fully enclosed structure.

Condominium means a plan or project consisting of not less than two units as established and approved in conformance with the Michigan Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et. seq.), as amended.

Condominium Act means Public Act No. 59 of 1978 (MCL 559.101 et. seq.), as amended.

Condominium conversion means a condominium project in which some or all of the proposed condominium units were occupied before the issuance of the notice of proposed action as required by Section 71 of the Condominium Act (MCL 559.171).

Condominium co-owner means a person, firm, corporation, partnership, association, trust, or other legal entity or combination thereof, who owns a condominium unit within a condominium project. The term "co-owner" may include a land contract vendee if the condominium documents or land contract so provides.

Condominium detached means a residential condominium project designed to be similar in appearance to a conventional single-family subdivision, except that the limited common areas are arranged in such a manner that clearly defined condominium lots are not created.

Condominium documents means the master deed, recorded pursuant to the Condominium Act (MCL 559.101 et seq.), the Association bylaws and any other instrument referenced in the master deed or bylaws which effect the rights and obligations of ownership of a co-owner in the condominium.

Condominium lot means that portion of the land area of a site condominium project designed and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in these zoning regulations.

Condominium project means a plan or project consisting of not less than two condominium units established in conformance with Public Act No. 59 of 1978 (MCL 559.101 et. seq.), as amended.

Condominium site means a condominium project containing or designed to contain structures or other improvements for residential, commercial, office, business, or other uses permitted in the zoning district in which it is located and in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed as a condominium unit as described in a master deed. A site condominium, when constructed as an alternative to a platted subdivision, may also be referred to as a "condominium subdivision" and shall be considered as equivalent to a platted subdivision for the purpose of regulation by this chapter and other ordinances of the Village.

Condominium site plan means the drawings and related information which pertains to a condominium project and is required by this chapter for the review of the Village.

Condominium subdivision plan means the drawings and related information prepared in accordance with Section 66 of the Condominium Act (MCL 559.166).

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

Control bumper means a continuous concrete curb constructed upon a suitable base having a minimum width of four inches and a minimum height of six inches above grade.

Dumpster means a container used for the temporary storage of rubbish, pending collection, having a capacity of at least two cubic yards.

Dwelling unit means one or more rooms with a bathroom and a single kitchen designed as a unit for occupancy by only one family for cooking, living and sleeping purposes (see Family).

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

Dwelling, one-family, means a detached building containing not more than one dwelling unit designed for residential use, provided:

(1)

It complies with the minimum square footage requirements of this chapter for the zone in which it is located.

(2)

It has a minimum width across front, side and rear elevations of 24 feet and complies in all respects with the Village Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any Federal or State standards or regulations for construction and where such standards or regulations for construction are different than those imposed by Village Building Code, then and in that event, such Federal or State standard or regulation shall apply; further provided, that the provisions of this section shall not have the effect of making one family dwellings, which exist as of the effective date of the ordinance from which this chapter is derived, nonconforming.

(3)

It is firmly attached to a permanent foundation constructed on the site in accordance with the Village Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for one-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the State Mobile Home Commission and shall have a perimeter wall as required.

(4)

In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels and towing mechanism removed. Additionally, no dwelling shall have any exposed undercarriage or chassis.

(5)

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction equal to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet whichever shall be less.

(6)

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being in either the rear or side of the dwelling; and contains steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.

The compatibility of design and appearance shall be determined in the first instance by the Building Official upon review of the plans submitted for a particular dwelling subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 30 days from the receipt of notice of said Building Official's decision. Any determination of compatibility shall be based upon the standards set forth in this definition of single-family "dwelling" as well as the character, design and appearance of one or more residential dwellings to the extent of less than 20 percent of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the Village.

(7)

The dwelling contains no additions or rooms or other areas which are not constructed with a quality of workmanship equal to the original structure, including permanent attachments to the principal structure and construction of foundations as required herein.

(8)

The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(9)

The foregoing standard shall not apply to a mobile home located in a licensed mobile home park except to the extent required by State or Federal law or otherwise specifically required in the ordinance of the Village pertaining to such parks.

(10)

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable building code provisions and requirements.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam, or water transmission or distribution systems, and collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, gas regulator stations, and other similar equipment and accessories connected therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety and general welfare, but not including business or commercial buildings or activities, or commercial wireless communications facilities.

Family means either:

(1)

One or more persons related by blood, adoption or marriage, living and cooking together as a single nonprofit housekeeping unit, inclusive of household servants; or

(2)

Two to six persons living and cooking together as a single non-profit housekeeping unit having a continuing nontransient domestic character though not related by blood, adoption or marriage. The term "family" shall not include any society, club, coterie or organization which is not a recognized religious order nor does it include any group of individuals whose association is temporary or seasonal or similar to a resort, boarding house, motel, hotel, or whose association is for an anticipated limited duration or for a determinable period such as a school term or terms.

Fence means an unroofed man-made structure that extends more than 12 inches above grade designed as a barrier, ornamental or architectural feature intended for, or capable of, enclosing, inhibiting ingress or egress, dividing, bounding, or, simply making a line on a piece of land.

Filling station means buildings or premises arranged or designated to be used for the retail sale of minor auto accessories, oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles and which may include facilities for the changing and repair of tires, tube repairing, polishing, greasing, washing, or servicing and minor repair of such motor vehicles; but excluding so-called high speed automotive washing, steam cleaning, body repairing, bumping or painting.

Floor area, usable, nonresidential, means the measurement of usable floor area for nonresidential uses shall be to the exterior face of exterior walls of the first story and any other story connected by a fixed stairway or elevator, which may be made fit for human use; the measurement shall include the floor area of all accessory buildings measured similarly, but excluding the floor area for heating and all other mechanical equipment, unenclosed porches, light shafts, public corridors and public toilets (see Story andBuilding, accessory).

Floor area, usable, residential, means the measurement of usable floor area for residential uses shall be the sum of the area of the first story measured to the exterior face of the exterior wall, plus similarly measured, the area, having more than seven feet, six inches of headroom, of any upper story that is connected by a fixed stairway and which may be made usable for human habitation, but excluding the floor area of basements, accessory buildings, garages, attics, breezeways and unenclosed porches (see Story and Building, accessory).

Garage community means an accessory building for the storage of noncommercial vehicles and having no services or commodities offered to the public in connection therewith (see Garage, private).

Garage, private, means an accessory building having not more than 720 square feet in area to be used for the storage of noncommercial vehicles, provided that not more than one commercial vehicle of no more than 10,000 pounds of gross vehicle weight may be stored in said private garage and there shall be no services or commodities offered to the public in connection therewith (see Building, accessory).

Gross vehicle weight means the weight equal to the weight of a vehicle without load plus the weight of its maximum load carrying capacity, as rated by the manufacturer.

Home occupation means an occupation conducted in a dwelling unit, provided that:

(1)

No person other than members of the family residing on the premises shall be engaged in such occupation;

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than ten percent of the floor area of the dwelling unit shall be used in the conduct of home occupation;

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building;

(4)

No home occupation shall be conducted in any accessory building;

(5)

There shall be no sales in connection with such home occupation;

(6)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

(7)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

(8)

Clinics, hospitals, barber shops, beauty parlors, nursery schools, tourist homes, tea rooms, animal hospitals, kennels and millinery shops, among others, shall not be deemed to be home occupations.

Intermediate thoroughfare means a street whose function is to provide inter-community arterial continuity and feed major thoroughfares. Intermediate thoroughfares are those designated as such in the Circulation Plan of the current Village Master Plan.

Landscaping means the treatment of the ground surface with live materials such as, but not limited to, grass, ground cover, trees, shrubs, vines and other growing horticultural material. In addition, the combination or design may include other decorative surfacing such as wood chips, crushed stone, or mulch materials not to exceed 20 percent of the total for any landscape area. Structural features such as fountains, pools, statues, and benches shall also be considered a part of landscaping but such objects alone shall not meet the requirements of landscaping. In addition, artificial plant materials shall not be permitted in required landscape areas.

Limited common elements means portions of the common area within a condominium project reserved in the master deed for the exclusive use of less than all co-owners.

Local street means a street whose primary function is to serve the residential uses which abut it and provides a connection through collector streets to the thoroughfares. All streets not specifically designated as a major thoroughfare, intermediate thoroughfare, or collector street in the Circulation Plan of the current Village Master Plan is considered to be a Local Street.

Lot means a lot or record or parcel of land required to meet the regulations of this chapter that is occupied or intended to be occupied by a principal and accessory building or use (see Lot of record).

Lot, corner, means a lot where the corner interior angle 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 purpose of this chapter, if tangents to the curve at the two points where the lot lines meet the curve form an interior angle of less than 135 degrees (see Street and Lot).

Lot, interior, means any lot other than a corner lot (see Lot).

Lot line, front, means, in the case of an interior lot, the line separating said lot from the street. In the case of a corner or double frontage lot, the line separating said lot from the street which is designated as the front street in the request for a building permit.

Lot line, rear, means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot (see Lot).

Lot line, side, means a side lot line is any boundary line not a front lot line or a rear lot line (see Lot line, front, and Lot line, rear).

Lot of record means a parcel of land delineated on a plat recorded with the County Register of Deeds, or a lot described by metes and bounds, and recorded with the County Register of Deeds.

Lot width means the length of a straight line drawn between the points where the front setback cuts the side lot lines (see Setback).

Major thoroughfare means a multiple lane street whose primary function is to provide inter-county continuity and to feed regional major thoroughfares and freeways. The only street designated as a major thoroughfare in the current Village Master Plan is Southfield Road.

Mobile home means a detached one family dwelling mass-produced in a factory designed for long-term residential use and built on a chassis.

Nonconforming building or use means a legal building or legal use that does not conform with the regulations of this chapter (or amendments) for the zone district in which it is located.

Nursing home means an installation other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury, or infirmity.

Occupancy, change of, means a discontinuance of an existing use and the substitution therefore of a use of a different kind or class, or the expansion of a use.

Off-street parking space means a space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of access drives and aisles thereto.

Open space means the area or yard, which is open, unoccupied, and unobstructed by any building roof from the ground to the sky, except as otherwise provided in these zoning regulations, having as one dimension the required setback and other dimensions as indicated by the definitions of front, rear and side open space (see Setback and Building).

Open space, front, means the opens space or yard, extending the width of the lot, and of a depth equal to the required setback measured horizontally at right angles to the front lot line or centerline of the front street (see Lot and Open space).

Open space, rear, means the open space or yard, extending the full width of the lot and of a depth equal to the required setback measured horizontally at right angles to the rear lot line (see Lot and Open space).

Open space, side, means the open space or yard, extending from the front open space to the rear open space and of a width equal to the required side setback measured horizontally at right angles to the side lot line (see Lot and Open space).

Parcel means a continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of Public Act No. 288 of 1967 (MCL 560.202 et seq.), as amended.

Parking area, total, means the actual parking area and the area of the access drives thereto.

Point of observation means the determination of the percentage of openness to air and light in fences shall be made from a specific point of observation. The point of observation shall be a point ten feet away from the structure, perpendicular to the vertical surface of the structure and viewed from a height above grade that is equal to 50 percent of the structure's height.

Privacy screen means any unroofed man-made vertical structure intended and used as a visual barrier designed to inhibit observation of an area from off the lot.

Recreational vehicle includes the following:

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

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

Motor home means 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.

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

Pickup camper means 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.

Travel trailer means 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.

Required average minimum land area means the minimum average area of land required for each dwelling unit not including any area of public street right-of-way and not including any area of the right-of-way of a private street built to Village or County standards.

Residential area means all residentially zoned or used (including R-M) land in the Village, including any public or private driveway, street, road, highway or its right-of-way to or within said land.

Restaurants.

Carryout restaurant means a structure which is maintained, operated, and/or advertised or held out to the public as a place where food beverage, and/or desserts are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

Dining room means a structure which is maintained, operated and advertised or held out to the public as a place where food and beverage are served, and consumed, primarily within the structure. Such food and beverage are served primarily in nondisposable (reusable by the restaurant) containers.

Drive-in restaurant means any establishment where food, frozen dessert, and/or beverages are served to customers while seated in their motor vehicles upon the premises. The term "drive-in restaurant" also includes any establishment where the customers may serve themselves and are permitted to consume food and beverages in a motor vehicle parked on the premises or at other facilities which are provided for the use of the patron for the purpose of consumption and which are located outside of the building or structures.

Fast food restaurant means a structure which is maintained, operated, and advertised or held out to the public as a place where food, beverage, and/or desserts are served to customers from a serving counter in disposable (not reusable by restaurant) containers or wrappers. Such food, beverage, and/or desserts may be consumed inside the building; outside, at facilities provided; or carried out for consumption off the premises.

Satellite antenna means an accessory structure which at its widest dimension is in excess of 36 inches; an Earth-based station, the purpose of which is to receive signals from orbiting satellites and other extraterrestrial sources, together with other equipment related to such purposes.

Seats means the seating capacity of a building is determined by the specifications and plans filed to obtain a building permit. In the event individual seats are not provided, each 18 inches of benches or similar seating accommodations spaced 32 inches from back to back, shall be considered as one seat.

Setback means that distance set forth on the Schedule of Regulations between any lot line and a line parallel thereto on the same lot except as otherwise provided herein (see Lot line and Building).

Sidewalk means pedestrian or nonmotorized vehicular circulation routes built according to the standards of the Village or other agency with right-of-way jurisdiction, as applicable.

Story means that portion of a building included between the upper surface of any floor, and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area to at least 50 percent of the usable floor area of the floor immediately below it. A top floor area under a sloping roof with less than 50 percent of the usable floor area is a half story. The first story shall be considered the lowest story of which the ceiling is more than four feet above the average contact ground level at the exterior walls of the building (see Building height).

Street means any public or private thoroughfare or way, other than a public alley, dedicated to or designed for the use of the public or open to public travel, whether designated as a road, avenue, highway, boulevard, drive, lane, circle, place, court, terrace, or any similar designations.

Street, private, means a vehicular circulation route which has not been accepted for maintenance by the Village or County.

Street, public, means a vehicular circulation route, the right-of-way and improvements of which meet Village or County standards and have been accepted for maintenance by the Village or County.

Structure means anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Structure, accessory, means a structure, or portion thereof, which is supplemental or subordinate to the main building or to the use of the land. Examples of accessory structures include a gazebo, children's playhouse or play equipment, and recreational structures such as a pool or tennis court.

Use, accessory, oraccessory means a use or building which is clearly incidental to, customarily found in connection with, and (except in some cases of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. In cases of questions arising as to degree of incidentalness or length of custom the Zoning Board of Appeals shall rule. When the term "accessory" is used in this chapter, it shall have the same meaning as accessory use. An accessory use includes, but is not limited to, the following:

(1)

Residential accommodations for servants or caretakers.

(2)

Swimming pools and tennis courts, for the use of occupants of a residence, or their guests.

(3)

Domestic greenhouses or gardening related storage in a barn, shed, tool shed, or similar accessory building or other structure.

(4)

A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no signs or displays on the exterior of the building.

(5)

Storage of merchandise normally carried in stock in connection with a business use, unless such storage is excluded in the applicable district regulations.

(6)

Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the lot is located.

(7)

Uses clearly incidental to a main use such as, but not limited to, offices of business complex located on the site.

(8)

Accessory off-street loading, subject to the off-street loading regulations for the district in which the lot is located.

(9)

Accessory signs, subject to the sign regulations for the district in which the lot is located.

(10)

Satellite antenna structures as defined and regulated herein.

Use, change of, means a change, conversion, replacement, addition, addition of a principal use, or substitution of one use for another, which, in the judgment of the Village Manager, will create or continue any of the following:

(1)

The reoccupancy of all or part of a building or site which has been unoccupied for longer than 180 consecutive days.

(2)

Site conditions which do not comply with standards set forth in these zoning regulations for the district in which the use is located.

(3)

Vehicular or pedestrian traffic problems or off-street parking problems.

(4)

Disruption of the natural environment.

(5)

Adverse impacts of noise, odor, glare, dust, radiation, heat, vibration, toxic or hazardous materials, smoke, erosion or flooding on adjacent lots.

(6)

Site engineering deficiencies.

(7)

Negative impacts on the public health, safety or welfare.

For changes of use which require a site plan, the Planning Commission may permit a modified site plan, with specific information pertaining to the conditions under review, only, rather than all of the information required under (d).

Use, principal means the primary and chief purpose for which a lot is used (see Use, accessory; Building, principal; Building, accessory; and Lot).

Wall means any unroofed man-made structure which has a foundation and also has an exterior vertical surface of brick or stone, and no more than 25 percent of the vertical surface of which is open to the free passage of air and light.

Workstation means that area to which a barber, stylist, beauty operator, manicurist, shampoo attendant or other regular employee is assigned to serve customers.

(Prior Code, § 22.04; Ord. No. 252, 5-12-1991; Ord. No. 253, 5-12-1991; Ord. No. 272, 8-24-1994; Ord. No. 291, 5-16-1998; Ord. No. 292, 1-30-1999; Ord. No. 299, 6-7-2000; Ord. No. 328, 5-2-2009; Ord. No. 348, 1-4-2014; Ord. No. 367, 7-20-2019; Ord. No. 389A, 2-4-2025)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the date of the ordinance from which this chapter is derived or the effective date of the adoption or amendment of the ordinance from which this chapter is derived and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se.

(Prior Code, § 22.42.020)

The owner or occupant of any building, structure or premises of part thereof, where any condition in violation of this chapter shall exist or shall be created, and any person who has assisted knowingly in the commission of such violation shall each be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment set forth in .

(Prior Code, § 22.42.030)

The provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, other than the above-described Zoning Ordinance, or with any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Prior Code, § 22.42.040)

It is hereby expressly declared that nothing in this chapter shall be held or construed to give or grant to any person, firm or corporation any vested right, license, privilege or permit.

(Prior Code, § 22.42.050)

For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows, and the following rules of construction shall apply to the text of this chapter:

(a)

The particular shall control the general.

(b)

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

(c)

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

(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 phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

(g)

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

(h)

Unless the context clearly indicates the contrary, or a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either...or," the conjunction shall be interpreted as follows:

(1)

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

(2)

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

(3)

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

(i)

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

(Prior Code, § 22.01.050; Ord. No. 389A, 2-4-2025)

Any use that would constitute a violation of Federal, State or local law or regulation shall be prohibited.

(Prior Code, § 22.01.060; Ord. No. 339, 11-19-2011)